House File 2115 - Introduced HOUSE FILE 2115 BY WINDSCHITL , BRANDENBURG , DEYOE , J. TAYLOR , VANDER LINDEN , HELLAND , CHAMBERS , ALONS , FRY , WAGNER , KAUFMANN , WATTS , SWEENEY , RASMUSSEN , HUSEMAN , HAGENOW , DE BOEF , ROGERS , SODERBERG , MASSIE , GRASSLEY , PEARSON , and PETTENGILL A BILL FOR An Act relating to the carrying of dangerous weapons and 1 providing a penalty and a fee. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5077YH (8) 84 rh/rj

H.F. 2115 Section 1. Section 724.7, Code Supplement 2011, is amended 1 to read as follows: 2 724.7 Nonprofessional permit to carry weapons. 3 1. Any person who is not disqualified under section 724.8 , 4 who satisfies the training requirements of section 724.9 , and 5 who files an application in accordance with section 724.10 6 shall be issued a nonprofessional permit to carry weapons. 7 Such permits shall be on a form have a uniform appearance, 8 size, and content prescribed and published by the commissioner 9 of public safety, which shall be readily distinguishable from 10 the professional permit, and shall identify the holder of 11 the permit , but shall not contain the permit holder’s social 12 security number . The permit may be laminated by the issuing 13 officer or permit holder. Such permits shall not be issued for 14 a particular weapon and shall not contain information about a 15 particular weapon including the make, model, or serial number 16 of the weapon or any ammunition used in that weapon. All 17 permits so issued shall be for a period of five years and shall 18 be valid throughout the state except where the possession or 19 carrying of a firearm is prohibited by state or federal law 20 except as provided in subsection 2 . 21 2. The commissioner of public safety shall develop a process 22 to allow service members deployed for military service to 23 submit a renewal of a nonprofessional permit to carry weapons 24 early and by mail. In addition, a permit issued to a service 25 member who is deployed for military service, as defined in 26 section 29A.1, subsection 3 , 11 , or 12 , that would otherwise 27 expire during the period of deployment shall remain valid for 28 ninety days after the end of the service member’s deployment. 29 3. Notwithstanding section 321G.13, subsection 2, section 30 321I.14, subsection 2, sections 461A.42 and 481A.7, section 31 481A.93, subsection 1, any rules adopted pursuant to chapter 32 173 or 481A, or any ordinance, motion, or resolution passed by 33 a political subdivision of this state, a permit issued under 34 this section or recognized under section 724.11A shall be valid 35 -1- LSB 5077YH (8) 84 rh/rj 1/ 11

H.F. 2115 throughout the state. This subsection shall not be construed 1 to authorize the carrying of a weapon where prohibited by 2 federal law or to authorize the taking of a game animal or the 3 discharge of a weapon in violation of any law of this state, 4 except where justified in accordance with the provisions of 5 chapter 704. 6 Sec. 2. Section 724.8, Code 2011, is amended by striking the 7 section and inserting in lieu thereof the following: 8 724.8 Persons ineligible for permit to carry weapons. 9 A professional or nonprofessional permit to carry weapons 10 shall not be issued to a person who is subject to any of the 11 following: 12 1. Is less than eighteen years of age for a professional 13 permit or less than twenty-one years of age for a 14 nonprofessional permit. 15 2. Is prohibited by section 724.26 or federal law from 16 possessing, shipping, transporting, or receiving a firearm. 17 3. Is prohibited by court order from possessing, shipping, 18 transporting, or receiving a firearm. 19 Sec. 3. Section 724.9, subsection 1, Code 2011, is amended 20 by adding the following new paragraphs: 21 NEW PARAGRAPH . f. Holding or having previously held a 22 license or permit to carry a firearm in any state or a locality 23 thereof, unless such license or permit has been suspended or 24 revoked for cause. 25 NEW PARAGRAPH . g. Completion of a hunter education or 26 hunter safety course approved by the department of natural 27 resources or a similar agency of another state. 28 NEW PARAGRAPH . h. Completion of any firearms training or 29 safety course or class, including an electronic, video, or 30 internet course, conducted by a state certified or national 31 rifle association certified firearms instructor. 32 Sec. 4. Section 724.9, subsection 2, Code 2011, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . d. A currently valid or expired license or 35 -2- LSB 5077YH (8) 84 rh/rj 2/ 11

H.F. 2115 permit to carry a firearm, issued by any state or a locality 1 thereof, except one that has been suspended or revoked for 2 cause. 3 Sec. 5. Section 724.10, subsections 1 and 2, Code 2011, are 4 amended to read as follows: 5 1. A person shall not be issued a permit to carry weapons 6 unless the person has completed and signed an application on 7 a form to be prescribed and published by the commissioner of 8 public safety. 9 a. The If an applicant is a United States citizen, the 10 application shall require only the full name, driver’s license 11 or nonoperator’s identification card number, residence, place 12 of birth, and date of birth of the applicant , . 13 b. If the applicant is not a United States citizen, the 14 application shall, in addition to the information specified in 15 paragraph “a” , require the applicant’s country of citizenship, 16 any alien or admission number issued by the United States 17 immigration and customs enforcement, and, if applicable, the 18 basis for any exception claimed pursuant to 18 U.S.C. § 922(y). 19 c. and shall state An applicant shall be required to state 20 whether the applicant meets the criteria specified in sections 21 724.8 and 724.9 . An applicant may provide the applicant’s 22 social security number if the applicant so chooses. The 23 applicant shall also display an identification card that bears 24 a distinguishing number assigned to the cardholder, the full 25 name, date of birth, sex, residence address, and a brief 26 description and colored photograph of the cardholder. 27 2. The issuing officer, upon receipt of an initial or 28 renewal application under this section , shall immediately 29 conduct a background check concerning each applicant by 30 obtaining criminal history data from the department of public 31 safety which shall include an inquiry of the national instant 32 criminal background system maintained by the federal bureau 33 of investigation or any successor agency and an immigration 34 alien query through a database maintained by the United States 35 -3- LSB 5077YH (8) 84 rh/rj 3/ 11

H.F. 2115 immigration and customs enforcement or any successor agency if 1 the applicant is not a United States citizen . 2 Sec. 6. Section 724.11, Code 2011, is amended to read as 3 follows: 4 724.11 Issuance of permit to carry weapons. 5 1. Applications for permits to carry weapons shall be made 6 to the sheriff of the county in which the applicant resides. 7 Applications for professional permits to carry weapons for 8 persons who are nonresidents of the state, or whose need to go 9 armed arises out of employment by the state, shall be made to 10 the commissioner of public safety. In either case, the sheriff 11 or commissioner, before issuing the permit, shall determine 12 that the applicable requirements of sections 724.6 to 724.10 13 have been satisfied , except that the training requirements of 14 section 724.9 shall not apply to a renewal application for a 15 nonprofessional permit to carry weapons . However, for renewal 16 of a permit the training program requirements in section 724.9 , 17 subsection 1 , shall apply or the renewal applicant may choose 18 to qualify on a firing range under the supervision of an 19 instructor certified by the national rifle association or the 20 department of public safety or another state’s department of 21 public safety, state police department, or similar certifying 22 body. Such training or qualification must occur within the 23 twelve-month period prior to the expiration of the applicant’s 24 current permit. 25 2. Neither the sheriff nor the commissioner shall 26 require an applicant for a permit to carry weapons to provide 27 information identifying a particular weapon in the application 28 including the make, model, or serial number of the weapon or 29 any ammunition used in that particular weapon , or otherwise 30 impose additional conditions, limitations, or requirements not 31 expressly provided for in this chapter on the application for 32 or issuance, scope, effect, or content of a nonprofessional 33 permit to carry weapons . 34 3. a. The issuing officer shall collect a fee of 35 -4- LSB 5077YH (8) 84 rh/rj 4/ 11

H.F. 2115 fifty dollars , except from a duly appointed peace officer 1 or correctional officer, for each nonprofessional permit 2 issued. Renewal permits or duplicate Nonprofessional renewal 3 permits shall be issued for a fee of twenty-five dollars and 4 nonprofessional duplicate permits shall be issued for a fee of 5 ten dollars , provided the application for each such renewal 6 permit is received by the issuing officer at least thirty days 7 prior to the expiration of the applicant’s current permit. 8 b. The issuing officer shall collect a fee of ten dollars 9 for the issuance, renewal, or duplication of a professional 10 permit. 11 c. The issuing officer shall notify the commissioner of 12 public safety of the issuance of any permit at least monthly 13 and forward to the commissioner an amount equal to ten dollars 14 for each permit issued and five dollars for each renewal 15 or duplicate permit issued. All such fees received by the 16 commissioner shall be paid to the treasurer of state and 17 deposited in the operating account of the department of public 18 safety to offset the cost of administering this chapter . 19 Notwithstanding section 8.33 , any unspent balance as of June 30 20 of each year shall not revert to the general fund of the state , 21 but shall be maintained in a separate fund for the sole purpose 22 of administering this chapter . 23 4. The sheriff or commissioner of public safety shall 24 approve or deny an initial or renewal application submitted 25 under this section within thirty seven days of receipt of the 26 application. A person whose application for a permit under 27 this chapter is denied may seek review of the denial under 28 section 724.21A . The failure to approve or deny an initial 29 or renewal application shall result in a decision of approval 30 If the issuing officer has not received any disqualifying 31 information within the requisite seven-day period, the issuing 32 officer shall approve the application . An issuing officer who 33 refuses to accept or act upon an application filed under this 34 chapter shall be subject to removal from office pursuant to 35 -5- LSB 5077YH (8) 84 rh/rj 5/ 11

H.F. 2115 section 66.1A. 1 Sec. 7. Section 724.11A, Code 2011, is amended to read as 2 follows: 3 724.11A Recognition and reciprocity . 4 1. A valid permit or license issued by another state to 5 any nonresident of this state shall be considered to be a 6 valid permit or license to carry weapons issued pursuant to 7 this chapter , except that such permit or license shall not be 8 considered to be a substitute for an annual permit to acquire 9 pistols or revolvers issued pursuant to section 724.15 . 10 2. At least annually, the department of public safety shall 11 seek a reciprocal recognition agreement with any state that 12 does not recognize a nonprofessional permit to carry weapons 13 issued in this state. The department of public safety shall 14 have the authority to enter into such agreements. 15 Sec. 8. Section 724.21A, subsection 5, Code 2011, is amended 16 to read as follows: 17 5. The standard of review under this section shall be 18 clear and convincing evidence that the issuing officer’s 19 written statement of the reasons for the denial, suspension, or 20 revocation constituted probable cause to deny an application 21 or to suspend or revoke a permit clear and convincing evidence 22 that, as of the date of the adverse decision, the applicant or 23 permittee was ineligible for a permit to carry weapons under 24 the applicable standards set forth in this chapter, subject 25 to prosecution or any other proceeding that could result in 26 the applicant or permittee becoming ineligible for a permit 27 to carry weapons, or provided materially false information or 28 documentation in conjunction with the permit application . 29 Sec. 9. Section 724.23, Code 2011, is amended to read as 30 follows: 31 724.23 Records kept by commissioner. 32 1. The commissioner of public safety shall maintain a 33 permanent record of all valid permits to carry weapons and of 34 current permit revocations. 35 -6- LSB 5077YH (8) 84 rh/rj 6/ 11

H.F. 2115 2. a. Notwithstanding any other law or rule to the 1 contrary, an issuing officer shall keep confidential 2 information that would personally identify applicants for or 3 holders of nonprofessional permits to carry weapons, including 4 but not limited to the name, social security number, date of 5 birth, driver’s license or other identification number, and 6 residential or business address of the applicant or permit 7 holder. 8 b. This subsection shall not prohibit the release of any of 9 the following: 10 (1) Numerical statistics pertaining to the issuance, 11 denial, revocation, or administration of applicants for or 12 holders of nonprofessional permits, provided that the release 13 of such information does not reveal the identity of any 14 individual permit holder. 15 (2) The release of information to any law enforcement 16 agency, or an employee or agent thereof, when necessary for an 17 investigation of a possible violation of law or for conducting 18 a lawfully authorized background investigation. 19 Sec. 10. Section 724.25, subsection 1, Code 2011, is amended 20 to read as follows: 21 1. As used in section 724.26 , the word “felony” means 22 any offense punishable in the jurisdiction where it occurred 23 by imprisonment for a term exceeding one year, but does not 24 include any offense , other than an offense involving a firearm 25 or explosive, classified as a misdemeanor under the laws of the 26 state and punishable by a term of imprisonment of two years or 27 less. 28 EXPLANATION 29 This bill relates to the carrying of dangerous weapons and 30 provides a penalty and a fee. 31 I. PERMIT TO CARRY WEAPONS. 32 A. VALIDITY. The bill provides that nonprofessional 33 permits to carry weapons shall have a uniform appearance, size, 34 and content, but shall not contain the permit holder’s social 35 -7- LSB 5077YH (8) 84 rh/rj 7/ 11

H.F. 2115 security number. Such permits may be laminated by either the 1 issuing officer or the permit holder. 2 Current law provides that nonprofessional permits to carry 3 weapons are valid throughout the state. The bill provides 4 for such permits’ validity throughout the state and overrides 5 contrary provisions in the Code relating to the operation 6 of a snowmobile or an all-terrain vehicle with a firearm, 7 certain hunting provisions relating to wildlife conservation, 8 the use of firearms, explosives, and weapons in state parks 9 and preserves, rules adopted by the state fair board and the 10 department of natural resources, or any ordinance, motion, or 11 resolution passed by a political subdivision of this state. 12 The bill specifies that Code provisions relating to the 13 validity of nonprofessional permits to carry weapons throughout 14 the state, as well as out-of-state permits to carry weapons 15 recognized under Iowa’s permit recognition statute, shall not 16 be construed to authorize the carrying of weapons prohibited 17 under federal law or to authorize the taking of game animals 18 or the discharge of weapons except where justified under Code 19 chapter 704 (use of reasonable or deadly force). 20 B. ISSUANCE —— DISQUALIFIERS. Current law prohibits 21 certain persons from obtaining either a professional or 22 nonprofessional permit to carry weapons including a person who 23 is addicted to alcohol, a person who is likely to use a weapon 24 unlawfully in such a manner as would endanger the person’s 25 self or others, and a person who has, within the previous 26 three years, been convicted of certain assaults not involving 27 the use of a firearm or explosive. The bill eliminates such 28 disqualifiers, maintains the age restrictions, and further 29 specifies that a person who is prohibited by Code section 30 724.26 (felon in possession of a firearm), federal law, or who 31 is the subject of a court order from possessing, shipping, 32 transporting, or receiving a firearm, is ineligible for a 33 permit to carry weapons. 34 C. FIREARMS TRAINING. The bill expands current law relating 35 -8- LSB 5077YH (8) 84 rh/rj 8/ 11

H.F. 2115 to firearm training qualification requirements for a person 1 who applies for a permit to carry weapons to include a current 2 or previously held license or permit to carry a firearm in 3 any state or locality, completion of any firearms training or 4 safety course or class, including an electronic, video, or 5 internet course, conducted by a state certified or national 6 rifle association certified firearms instructor, or completion 7 of a hunter education or hunter safety course approved by the 8 department of natural resources or a similar agency of another 9 state. The bill also includes a current or expired license or 10 permit to carry firearms, issued by any state or a locality, as 11 acceptable evidence of firearms training. The bill provides 12 that the firearm training requirements shall not apply to a 13 renewal application for a nonprofessional permit to carry 14 weapons. 15 D. APPLICANT INFORMATION —— ALIENS. The bill provides that 16 a sheriff shall not require an applicant for a nonprofessional 17 permit to carry weapons who is a United States citizen to 18 provide any information, documentation, or evidence of identity 19 beyond what is required under current law. An applicant who is 20 not a United States citizen shall be subject to an immigration 21 alien query through a database maintained by the United States 22 immigration and customs enforcement and shall also provide 23 additional information as well as the basis for any exception 24 claimed under the provisions of 18 U.S.C. § 922(y). 25 E. ISSUANCE FEES. The bill specifies that the current 26 $50 issuance fee for permits to carry weapons applies to 27 nonprofessional permits and that the current $25 issuance 28 fee for renewal permits to carry weapons also applies to 29 nonprofessional permits. Nonprofessional duplicate permits 30 shall be issued for a $10 fee. The bill provides that the fee 31 for the issuance, renewal, or duplication of a professional 32 permit to carry weapons shall be $10. The bill provides that 33 any unspent balance as of June 30 of each year shall not revert 34 to the general fund of the state, but shall be maintained in a 35 -9- LSB 5077YH (8) 84 rh/rj 9/ 11

H.F. 2115 separate fund to be used for the administration of Code chapter 1 724. 2 F. PERMIT ISSUANCE —— APPROVAL-DENIAL. The bill amends 3 current law requiring the issuing officer to approve or 4 deny an initial or renewal application for a permit to carry 5 weapons from within 30 days of receipt of an application to 6 require approval or denial within seven days of receipt of an 7 application, and to require the issuing officer to approve the 8 application in the absence of any disqualifying information 9 received within the requisite seven-day period. An issuing 10 officer who refuses to accept or act upon an application shall 11 be subject to removal from office pursuant to Code chapter 66. 12 G. RECOGNITION AND RECIPROCITY. The bill provides that 13 at least annually, the department of public safety shall seek 14 a reciprocal recognition agreement with any state that does 15 not recognize a nonprofessional permit to carry weapons issued 16 in this state. The bill authorizes the department of public 17 safety to enter into such agreements. 18 H. CONFIDENTIAL INFORMATION. The bill provides that 19 an issuing officer shall keep confidential information 20 that would personally identify applicants for or holders 21 of nonprofessional permits to carry weapons, including but 22 not limited to the applicant’s or permit holder’s name, 23 social security number, date of birth, driver’s license or 24 other identification number, and residential or business 25 address. The bill does not prohibit the release of numerical 26 statistics pertaining to the issuance, denial, revocation, or 27 administration of applicants for or holders of nonprofessional 28 permits, provided that the release of such information does 29 not reveal the identity of any individual permit holder, nor 30 does the bill prohibit the release of information to any 31 law enforcement agency, or an employee or agent thereof, 32 when necessary for an investigation of a possible violation 33 of law or for conducting a lawfully authorized background 34 investigation. 35 -10- LSB 5077YH (8) 84 rh/rj 10/ 11

H.F. 2115 II. DENIAL, SUSPENSION, REVOCATION —— PERMIT TO CARRY —— 1 PERMIT TO ACQUIRE. The bill provides that, in a case where 2 an issuing officer denies, suspends, or revokes a permit to 3 carry weapons or a permit to acquire pistols or revolvers, the 4 clear and convincing evidence standard of review must show 5 that, as of the date of the adverse decision, the applicant or 6 permittee was ineligible for a permit to carry weapons, subject 7 to prosecution or any other proceeding that could result in 8 the applicant or permittee becoming ineligible for a permit 9 to carry weapons, or provided materially false information or 10 documentation in conjunction with the permit application. 11 III. FELON IN POSSESSION OF A FIREARM —— DEFINITION. 12 Current Code section 724.25 defines a “felony” for purposes of 13 the crime of felon in possession of a firearm (Code section 14 724.26) to include persons who commit an aggravated misdemeanor 15 by use of a firearm, as well as felons. The bill amends Code 16 section 724.25 to exclude persons who commit an aggravated 17 misdemeanor by use of a firearm for purposes of Code section 18 724.26. 19 -11- LSB 5077YH (8) 84 rh/rj 11/ 11