HF 73 (LSB 1503YH (3) 85)

HOUSE FILE 73

BY  WINDSCHITL

A BILL FOR

An Act relating to optional permits to acquire firearms and to permits to carry weapons and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.11A, Code 2013, is amended to read as follows:
   724.11A  Recognition.
   A valid permit or license issued by another state to any nonresident of this state shall be considered to be a valid permit or license to carry weapons issued pursuant to this chapter, except that such permit or license shall not be considered to be a substitute for an annual
 
a permit to acquire pistols or revolvers
 
firearms issued pursuant to section 724.15.
    Sec. 2.  Section 724.15, Code 2013, is amended by striking the section and inserting in lieu thereof the following:
   724.15  Optional permit to acquire firearms.
   1.  It is the purpose of this section to provide for a permit to acquire firearms that will satisfy the requirements of 18 U.S.C. § 922(t)(3) to allow the holder of such a permit to acquire firearms from a federally licensed firearms dealer. A person is not required to obtain a permit to acquire firearms under this section if the person possesses a valid permit to carry weapons issued in accordance with this chapter or if the person has otherwise completed a satisfactory national instant criminal background check required pursuant to 18 U.S.C. § 922(t).
   2.  Any person who desires to acquire ownership of firearms may obtain a permit to acquire firearms pursuant to this section. However, a permit to acquire firearms shall not be issued to a person who is subject to any of the following:
   a.  Is under twenty-one years of age.
   b.  Is prohibited by section 724.26 or federal law from possessing, shipping, transporting, or receiving a firearm.
   c.  Is prohibited by court order from possessing, shipping, transporting, or receiving a firearm.
   3.  A permit to acquire firearms shall authorize the permit holder to acquire one or more firearms, without limitation, from a federally licensed firearms dealer during the period the permit remains valid pursuant to section 724.20.
   4.  An issuing officer who finds that a person issued a permit to acquire firearms under this chapter has been arrested for a disqualifying offense or who is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision pursuant to section 724.21A.
    Sec. 3.  Section 724.16, Code 2013, is amended by striking the section and inserting in lieu thereof the following:
   724.16  Prohibited transfers of firearms.
   A person who transfers ownership of a firearm to a person that the transferor knows is prohibited by section 724.26 from possessing, shipping, transporting, or receiving a firearm commits a class “D” felony.
    Sec. 4.  Section 724.17, Code 2013, is amended to read as follows:
   724.17  Application for annual permit to acquire
 
firearms —— criminal history check required.
   1.  The application for an annual
 
a permit to acquire pistols or revolvers
 
firearms may be made to the sheriff of the county of the applicant’s residence and shall be on a form prescribed and published by the commissioner of public safety.
   a.  The
 
If an applicant is a United States citizen, the application shall require only the full name of the applicant, the driver’s license or nonoperator’s identification card number of the applicant, the residence of the applicant, and the date and place of birth of the applicant.
   b.  If the applicant is not a United States citizen, the application shall, in addition to the information specified in paragraph “a”, require the applicant’s country of citizenship, any alien or admission number issued by the United States immigration and customs enforcement or any successor agency, and, if applicable, the basis for any exception claimed pursuant to 18 U.S.C. § 922(y).
   c.  The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety.
   2.  The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency
 
and an immigration alien query through a database maintained by the United States immigration and customs enforcement or any successor agency if the applicant is not a United States citizen.
   3.  A person who makes what the person knows to be a false statement of material fact on an application submitted under this section or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony.
    Sec. 5.  Section 724.18, Code 2013, is amended by striking the section and inserting in lieu thereof the following:
   724.18  Procedure for making application for permit to acquire firearms.
   1.  A person may personally request the sheriff to mail an application for a permit to acquire firearms, and the sheriff shall immediately forward such application to the person. The person shall personally deliver such a completed application to the sheriff who, upon successful completion of the criminal history check and immigration alien query, if applicable, required pursuant to section 724.17, shall note the period of validity on the application and immediately issue the permit to the applicant.
   2.  For the purposes of this section, the date of application shall be the date on which the sheriff received the completed application.
    Sec. 6.  Section 724.19, Code 2013, is amended to read as follows:
   724.19  Issuance of annual permit to acquire
 
firearms.
   The annual permit to acquire pistols or revolvers
 
firearms shall be issued to the applicant immediately upon completion of the application unless the applicant is disqualified under the provisions of section 724.15 and. The permit shall be on a form
 
have a uniform appearance, size, and content prescribed and published by the commissioner of public safety. The permit shall contain the name of the permittee, the residence of the permittee, and the effective date of the permit, but shall not contain the permittee’s social security number.

The permit may be laminated by the issuing officer or the permit holder. Such a permit shall not be issued for a particular weapon and shall not contain information about a particular weapon including the make, model, or serial number of the weapon, or any ammunition used in that weapon.
    Sec. 7.  Section 724.20, Code 2013, is amended to read as follows:
   724.20  Validity of annual permit to acquire pistols or revolvers
 
firearms.
   The permit shall be valid throughout the state and shall be valid three days after the date of application and shall be invalid one year
 
five years after the date of application.
    Sec. 8.  Section 724.21, Code 2013, is amended to read as follows:
   724.21  Giving false information when acquiring weapon
 
firearms.
   A person who gives a false name or presents false identification, or otherwise knowingly gives false material information to one from whom the person seeks to acquire a pistol or revolver
 
firearm, commits a class “D” felony.
    Sec. 9.  Section 724.21A, subsections 1, 5, and 7, Code 2013, are amended to read as follows:
   1.  In any case where the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons or an annual
 
a permit to acquire pistols or revolvers
 
firearms, the sheriff or commissioner shall provide a written statement of the reasons for the denial, suspension, or revocation and the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation to an administrative law judge in the department of inspections and appeals within thirty days of receiving written notice of the denial, suspension, or revocation.
   5.  The standard of review under this section shall be clear and convincing evidence that the issuing officer’s written statement of the reasons for the denial, suspension, or revocation constituted probable cause to deny an application or to suspend or revoke a permit
 
clear and convincing evidence that, as of the date of the adverse decision, the applicant or permit holder, under the applicable standards set forth in this chapter, was ineligible for a permit to carry weapons or a permit to acquire firearms, is subject to prosecution or any other proceeding that could result in the applicant or permit holder becoming ineligible for a permit to carry weapons or a permit to acquire firearms, or provided materially false information or documentation in conjunction with either permit application.
   7.  In any case where the issuing officer denies an application for, or suspends or revokes a permit to carry weapons or an annual
 
a permit to acquire pistols or revolvers
 
firearms solely because of an adverse determination by the national instant criminal background check system, the applicant or permit holder shall not seek relief under this section but may pursue relief of the national instant criminal background check system determination pursuant to Pub. L. No. 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. § 25.10, or other applicable law. The outcome of such proceedings shall be binding on the issuing officer.
    Sec. 10.  Section 724.27, subsection 1, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   The provisions of section 724.8, section 724.15, subsection 1
 
2, and section 724.26 shall not apply to a person who is eligible to have the person’s civil rights regarding firearms restored under section 914.7 if any of the following occur:
EXPLANATION
   This bill relates to optional permits to acquire firearms and to permits to carry weapons and provides a penalty.
   PERMITS TO ACQUIRE FIREARMS. Current law provides that any person who intends to purchase a pistol or revolver is required to first obtain an annual permit to acquire pistols or revolvers unless the person is otherwise exempt from obtaining such a permit. The bill eliminates this type of mandatory permit and provides instead for an optional permit to acquire firearms in order to satisfy the requirements of federal law allowing the holder of such a permit to acquire firearms from a federally licensed firearms dealer. A person is not required to obtain a permit to acquire firearms to purchase firearms from a federally licensed firearms dealer if the person possesses a valid permit to carry weapons issued in accordance with Iowa law or if the person has otherwise completed a satisfactory national instant criminal background check required by federal law to purchase firearms from a federally licensed firearms dealer.
   Under the bill, a person who applies for a permit to acquire firearms is not eligible for the permit if the person is less than 21 years of age or is prohibited by Code section 724.26 (felon in possession of a firearm), federal law, or court order from possessing, shipping, transporting, or receiving a firearm.
   The bill provides that an application for a permit to acquire firearms is made to the sheriff of the county of the applicant’s residence. An applicant who is a United States citizen is only required to provide certain basic identifying documentation. An applicant who is not a United States citizen must provide additional information and is subject to an immigration alien query through a database maintained by the United States immigration and customs enforcement. All applicants are subject to a criminal history background check.
   The permit to acquire firearms is required to be issued to the applicant immediately upon completion of the application unless the applicant is disqualified. The permit shall have a uniform appearance, size, and content, but shall not contain the permittee’s social security number. The permit may be laminated by the issuing officer or the permit holder. Such permits shall not be issued for a particular weapon and shall not contain information about a particular weapon including the make, model, or serial number of the weapon, or any ammunition used in that weapon.
   The bill provides that the permit to acquire firearms may be suspended or revoked by the issuing officer and the aggrieved permit holder may file an appeal with an administrative law judge.
   The bill provides that a person who makes what the person knows to be a false statement of material fact on an application for a permit to acquire firearms or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony. A person who transfers ownership of a firearm to a person that the transferor knows is prohibited under Code section 724.26 (felon in possession of a firearm) from possessing, shipping, transporting, or receiving a firearm commits a class “D” felony.
   The bill makes a conforming change to Code section 724.27 relating to the restoration of firearms rights.
   DENIAL, SUSPENSION, OR REVOCATION——PERMIT TO CARRY WEAPONS AND PERMIT TO ACQUIRE FIREARMS. The bill provides that, in a case where an issuing officer denies, suspends, or revokes a permit to carry weapons or a permit to acquire firearms, the clear and convincing evidence standard of review must show that, as of the date of the adverse decision, the applicant or permit holder was ineligible for a permit to carry weapons or a permit to acquire firearms, is subject to prosecution or any other proceeding that could result in the applicant or permit holder becoming ineligible for a permit to carry weapons or a permit to acquire firearms, or provided materially false information or documentation in conjunction with either permit application.