HF 2314 (LSB 5576HV (2) 86)

HOUSE FILE 2314

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2129)

A BILL FOR

An Act relating to the issuance and verification of, and the transfer of records concerning permits to carry weapons and the confidentiality of such records including the confidentiality of records for such permits and for permits to acquire pistols or revolvers, prohibiting fraudulent transfers of firearms and ammunition, providing for a fee and a penalty, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
VERIFICATION AND TRAINING

    Section 1.  Section 724.5, Code 2016, is amended to read as follows:
   724.5  Duty to carry or verify permit to carry weapons.
   1.  A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person’s immediate possession the permit provided for in section 724.4, subsection 4, paragraph “i”, and shall produce the permit for inspection at the request of a peace officer.
   2.  A peace officer shall verify through electronic means, if possible, the validity of the person’s permit to carry weapons.
   3.  Failure to so produce a permit is a simple misdemeanor, punishable as a scheduled violation pursuant to section 805.8C, subsection 11.
    Sec. 2.  Section 724.7, subsection 1, Code 2016, is amended to read as follows:
   1.  a.  Any person who is not disqualified under section 724.8, who satisfies the training requirements of section 724.9, and who files an application in accordance with section 724.10 shall be issued a nonprofessional permit to carry weapons. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder of the permit. 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. All permits so issued shall be for a period of five years and shall be valid throughout the state except where the possession or carrying of a firearm is prohibited by state or federal law.
   b.  The department of public safety shall issue a more durable copy of the nonprofessional permit to carry weapons to the permit holder as provided in section 724.11B.
    Sec. 3.  Section 724.9, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The handgun safety training course required in subsection 1 may be conducted over the internet in a live or web-based format, if completion of the course is verified by the instructor or provider of the course.
    Sec. 4.  Section 724.11, subsections 1 and 3, Code 2016, are amended to read as follows:
   1.  a.  Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications for professional permits to carry weapons for persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the sheriff or commissioner, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, for renewal of a permit the training program requirements in section 724.9, subsection 1, do not apply to an applicant who is able to demonstrate completion of small arms training as specified in section 724.9, subsection 1, paragraph “d”. For all other applicants the training program requirements of section 724.9, subsection 1, must be satisfied within the twenty-four-month period prior to the date of the application for the issuance of a permit. 
   b.  (1)  Prior to issuing a renewal, the sheriff or commissioner shall determine the requirements of sections 724.6, 724.7, 724.8, and 724.10 and either of the following, as applicable, have been satisfied:
   (a)  Beginning with the first renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, if a renewal applicant applies no later than thirty days after expiration of the permit, the training program requirements of section 724.9, subsection 1, do not apply.
   (b)  Beginning with the second renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, if a renewal applicant applies no later than thirty days after expiration of the permit, a renewal applicant shall qualify for renewal by taking an online training course certified by the national rifle association or the Iowa law enforcement academy, and the training program requirements of section 724.9, subsection 1, do not apply.
   (2)  If any renewal applicant applies more than thirty days after the expiration of the permit, the permit requirements of paragraph “a” apply to the applicant, and any subsequent renewal of this permit shall be considered a first renewal for purposes of subparagraph (1). However, the training program requirements of section 724.9, subsection 1, do not apply to an applicant who is able to demonstrate completion of small arms training as specified in section 724.9, subsection 1, paragraph “d”. For all other applicants, in lieu of the training program requirements of section 724.9, subsection 1, the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body.
   (3)  As an alternative to subparagraph (1), and if the requirements of sections 724.6, 724.7, 724.8, and 724.10 have been satisfied, a renewal applicant may choose to qualify, at any renewal, under the training program requirements in section 724.9, subsection 1, shall apply or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. Such training or qualification must occur within the twelve-month twenty-four-month period prior to the expiration of the applicant’s current permit, except that the twenty-four-month time period limitation for training or qualification does not apply to an applicant who is able to demonstrate completion of small arms training as specified in section 724.9, subsection 1, paragraph “d”.
   3.  The issuing officer shall collect a fee of fifty dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of twenty-five dollars, provided the application for such renewal permit is received by the issuing officer at least no later than thirty days prior to after the expiration of the applicant’s current permit. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly as provided in section 724.11B, and forward to the commissioner an amount equal to ten dollars for each permit issued and five dollars for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Notwithstanding section 8.33, any unspent balance as of June 30 of each year shall not revert to the general fund of the state.
    Sec. 5.  NEW SECTION.  724.11B  Nonprofessional permit to carry weapons —— durable copy.
   1.  Within fourteen days after the sheriff has issued an initial, renewal, or duplicate nonprofessional permit to carry weapons, the sheriff shall transmit the permit holder’s information to the department of public safety. Within thirty days of the permit holder’s information being transmitted to the department of public safety, the department shall issue a more durable copy of the nonprofessional permit to carry weapons to the permit holder.
   2.  The durable copy of the permit shall have a uniform appearance, size, and content prescribed and published by the commissioner of public safety. The permit shall contain the name of the permit holder and the effective date of the permit, but shall not contain the permit holder’s social security number or photograph and shall not contain information about a particular weapon or any ammunition as prescribed by section 724.7, subsection 1.
   3.  A durable copy of the permit issued pursuant to this section shall be considered a valid permit in addition to the permit issued by the sheriff pursuant to section 724.7, subsection 1.
    Sec. 6.  NEW SECTION.  724.14  Nonprofessional permit —— change of residence to another county.
   If a permit holder of a nonprofessional permit to carry weapons changes residences from one county to another county after the issuance of the permit, the department of public safety shall by rule specify the procedure to transfer the regulation of the holder’s permit to another sheriff for the purposes of issuing a renewal or duplicate permit, or complying with section 724.13.
    Sec. 7.  Section 805.8C, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Failure to produce permit to carry.  For violations of section 724.5, the scheduled fine is ten dollars.
DIVISION II
CONFIDENTIALITY

    Sec. 8.  Section 724.23, Code 2016, is amended to read as follows:
   724.23  Records kept by commissioner and issuing officers.
   1.  The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.
   2.  a.  Notwithstanding any other law or rule to the contrary, the commissioner of public safety and any issuing officer shall keep confidential personally identifiable information of applicants and holders of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers, including but not limited to the name, social security number, date of birth, residential or business address, and driver’s license or other identification number of the applicant or permit holder.
   b.  This subsection shall not prohibit the release of statistical information relating to the issuance, denial, revocation, or administration of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers, provided that the release of such information does not reveal the identity of any applicant or individual permit holder.
   c.  This subsection shall not prohibit the release of information to any law enforcement agency or any employee or agent thereof when necessary for the purpose of investigating a possible violation of law and probable cause exists, or for conducting a lawfully authorized background investigation.
   d.  This subsection shall not prohibit the release of information relating to the validity of a professional permit to carry weapons to an employer who requires an employee or an agent of the employer to possess a professional permit to carry weapons as part of the duties of the employee or agent.
   e.  (1)  (a)  This subsection shall not prohibit the release of the information described in subparagraph (2) to a member of the public who requests whether another person possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers. However, information described in subparagraph (2) regarding a person in whose favor either a no-contact order or a protective order, as defined in section 664A.1, has been issued and is still in effect, shall not be released pursuant to this paragraph “e”, if the person presents the order to the department of public safety or the issuing officer. Prior to the release of information described in subparagraph (2), the member of the public requesting the information shall appear in person and provide in writing to the department of public safety or the issuing officer the name of the member of the public, on a form prescribed by the department of public safety. Alternatively, a member of the public may request the information in writing by completing the form prescribed by the department of public safety and transmitting the form to the department or issuing officer. The request must include the name of the other person and at least one of the following identifiers pertaining to the other person:
   (i)  The date of birth of the person.
   (ii)  The address of the person.
   (iii)  The telephone number of the person, including any landline or wireless numbers.
   (b)  (i)  Except as provided in subparagraph subdivision (ii), the department or issuing officer shall keep a record of the person making the request.
   (ii)  If a person in whose favor either a no-contact order or a protective order, as defined in section 664A.1, has been issued and is still in effect, presents the order to the department of public safety or the issuing officer and requests whether another person who is the subject of the order possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers under this subparagraph (1), the department or issuing officer shall not keep a record of the person making the request or disclose the name of the person making the request.
   (2)  The information released by the department of public safety or issuing officer shall be limited to an acknowledgment as to whether or not the person currently possesses a valid professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers, the date such permit was issued, and whether the person has ever possessed such a permit that has been revoked or has expired and the date the permit was revoked or expired. No other information shall be released under this paragraph “e”.
   f.  Except as provided in paragraphs “b”, “c”, “d”, and “e”, the release of any confidential information under this section shall require a court order or the consent of the person whose personally identifiable information is the subject of the information request.
   g.  The department of public safety shall, by rule, establish a reasonable fee to cover the costs of complying with the release of information requests pursuant to this subsection.
    Sec. 9.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 10.  APPLICABILITY.  This division of this Act applies to holders of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers and to applicants for nonprofessional permits to carry weapons and permits to acquire pistols or revolvers on or after the effective date of this division of this Act.
DIVISION III
FRAUDULENT TRANSFER

    Sec. 11.  NEW SECTION.  724.29A  Fraudulent transfer of firearms or ammunition.
   1.  For purposes of this section:
   a.  “Ammunition” means any cartridge, shell, or projectile designed for use in a firearm.
   b.  “Licensed firearms dealer” means a person who is licensed pursuant to 18 U.S.C. §923 to engage in the business of dealing in firearms. 
   c.  “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal.
   d.  “Private seller” means a person who sells or offers for sale any firearm or ammunition.
   2.  A person who knowingly solicits, persuades, encourages, or entices a licensed firearms dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances that the person knows would violate the laws of this state or of the United States commits a class “D” felony.
   3.  A person who knowingly provides materially false information to a licensed firearms dealer or private seller of firearms or ammunition with the intent to deceive the firearms dealer or seller about the legality of a transfer of a firearm or ammunition commits a class “D” felony.
   4.  Any person who willfully procures another to engage in conduct prohibited by this section shall be held accountable as a principal.
   5.  This section does not apply to a law enforcement officer acting in the officer’s official capacity or to a person acting at the direction of such law enforcement officer.
DIVISION IV
RULES

    Sec. 12.  NEW SECTION.  724.32  Rules.
   The department of public safety shall adopt rules pursuant to chapter 17A to administer this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the issuance and verification of, and the transfer of records concerning nonprofessional permits to carry weapons and the confidentiality of records for such permits and for permits to acquire pistols or revolvers, and including effective date and applicability provisions.
   POSSESSION AND VERIFICATION OF PERMIT TO CARRY WEAPONS —— FINE. The bill under Code section 724.5 makes it a simple misdemeanor punishable by a $10 scheduled fine if a person armed with a revolver, pistol, or pocket billy concealed upon the person does not possess the permit to carry weapons in the immediate possession of the person, and fails to produce such permit for inspection upon the request of a peace officer. The bill specifies that a peace officer shall verify through electronic means, if possible, the validity of the person’s permit to carry weapons. Current law provides that if a person commits such a violation the person commits a simple misdemeanor.
   DURABLE COPY OF PERMIT. The bill requires that the department of public safety, in addition to the sheriff issuing a nonprofessional permit to carry weapons, issue a durable copy of the nonprofessional permit to carry weapons to the permit holder. The bill provides that within 14 days after the sheriff has issued an initial, renewal, or duplicate permit to carry weapons, the sheriff shall transmit the permit holder’s information to the department of public safety for the department to issue the permit holder a more durable copy of the permit. The bill requires the department of public safety to issue the more durable copy of the permit to the permit holder within 30 days of the permit holder’s information being transmitted to the department. The bill also provides that the durable copy of the permit issued pursuant to the bill shall be considered a valid permit in addition to the permit issued by the sheriff. The bill specifies that the durable copy of the permit shall have a uniform appearance, size, and content prescribed and published by the commissioner of public safety and shall contain the name of the permit holder and the effective date of the permit, but shall not contain the permit holder’s social security number or photograph and shall not contain information about a particular weapon or any ammunition.
   INTERNET HANDGUN SAFETY TRAINING COURSE. The bill provides in Code section 724.9 that the handgun safety training course required to obtain a permit to carry under Code section 724.11 may be conducted over the internet in a live or web-based format, as long as completion of the course is verified by the instructor or provider of the course.
   ISSUANCE OF PERMIT TO CARRY OR RENEWAL —— TRAINING REQUIREMENTS. Under current law, prior to issuing any renewal of a permit to carry weapons, the sheriff or commissioner under Code section 724.11 shall determine if the requirements of Code sections 724.6, 724.7, 724.8, 724.9, and 724.10 have been met. The bill provides for additional or alternative requirements under certain circumstances.
   The bill provides that beginning with the first renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, if a renewal applicant applies no later than 30 days after expiration of the permit, the training requirements of Code section 724.9(1) do not apply.
   The bill provides that beginning with the second renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, if a renewal applicant applies no later than 30 days after expiration of the permit, a renewal applicant shall qualify by taking an online training course certified by the national rifle association or the Iowa law enforcement academy, and the training program requirements of Code section 724.9(1) do not apply.
   If any renewal applicant applies more than 30 days after the expiration of the permit, the bill specifies the training program requirements in Code section 724.9(1) do apply to the applicant, and any subsequent renewal of this permit shall be considered a first renewal for purposes of determining the training requirements.
   The bill specifies that the training program requirements in Code section 724.9(1) do not apply to a renewal applicant who is able to demonstrate completion of small arms training (military) as specified in Code section 724.9(1)(d). For all other renewal applicants who have applied more than 30 days after the expiration of the permit, the bill allows, in lieu of the training program requirements in Code section 724.9(1), the renewal applicant to choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body.
   As an alternative, a renewal applicant, under the bill, may choose to qualify at any renewal, under the training program requirements in Code section 724.9(1), or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. Such training or qualification must occur within the 24-month period prior to the expiration of the applicant’s current permit, except that the 24-month time period limitation to complete the training or qualification does not apply to an applicant who is able to demonstrate completion of small arms training (military) as specified in Code section 724.9(1)(d).
   RENEWAL FEE. The bill does not increase or decrease the fee for a renewal of a permit to carry weapons but does allow a renewal applicant to pay the $25 renewal application fee if the renewal applicant applies no later than 30 days after such expiration. Current law requires that in order to be assessed the $25 renewal application fee, the renewal applicant must apply at least 30 days prior to the expiration of the permit to carry weapons.
   TRANSFER OF REGULATION OF PERMIT. The bill specifies that the department of public safety shall by rule specify the procedure to transfer the regulation of a nonprofessional permit holder’s permit to another sheriff for the purposes of issuing a renewal or duplicate permit, or complying with Code section 724.13 relating to permit suspensions and revocations and criminal history background checks, if the permit holder has changed residences from one county to another county since the issuance of the permit.
   CONFIDENTIALITY. The bill provides in Code section 724.23 that, notwithstanding any other law or rule to the contrary, the commissioner of public safety and any issuing officer (county sheriff) shall keep confidential personally identifiable information of applicants and holders of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers. The release of any confidential information, except as otherwise provided in the bill, requires a court order or the consent of the person whose personally identifiable information is the subject of the information request.
   EXCEPTIONS TO CONFIDENTIALITY —— RELEASE OF PERMIT INFORMATION. The bill does not prohibit release of statistical information relating to the issuance, denial, revocation, or administration of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers if such information does not reveal the identity of any individual applicant or permit holder, the release of information to a law enforcement agency investigating a violation of law where probable cause exists, the release for purposes of conducting a background check, or the release of information relating to the validity of a professional permit to carry weapons to an employer who requires an employee or an agent of the employer to possess a professional permit to carry weapons as part of the duties of the employee or agent. 
   The bill also permits the release of confidential information to a member of the public, if the person in writing or in person, requests whether another person possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers. 
   However, information regarding a person in whose favor either a no-contact order or protective order has been issued and is still in effect, shall not be released, if the person presents the order to the department of public safety or issuing officer. 
   Prior to the release of the information under the bill, the member of the public requesting the information must provide the department of public safety or issuing officer with the member’s name in writing and on a form prescribed by the department of public safety even if the person appears in person to request such information. The bill requires the request to include the name of the other person and one of the following personal identifiers: the date of birth of the person, the address of the person, or the telephone number of the person. The bill requires the department of public safety or issuing officer to keep a record of the person making the request.
   However, if a person in whose favor either a no-contact order or protective order has been issued and is still in effect, presents the order to the department of public safety or the issuing officer and requests whether another person who is the subject of the order possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers, the department shall not keep a record of the person making the request or disclose the name of the person making the request.
   The bill provides that the information released by the department of public safety shall be limited to an acknowledgment as to whether the person possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers, the date such a permit was issued, and whether the person has ever possessed such a permit that has ever been revoked or has expired and the date the permit was revoked or expired.
   The bill specifies that the release of any other confidential information shall require a court order or the consent of the person whose personally identifiable information is subject to the request.
   FEE FOR RELEASE OF PERMIT INFORMATION. The bill provides that the department of public safety shall, by rule, establish a reasonable fee to cover the costs of complying with release of permit information requests.
   EFFECTIVE DATE AND APPLICABILITY. The portion of the bill relating to confidentiality of permit information takes effect upon enactment and applies to holders of nonprofessional permits to carry weapons and permits to acquire pistols or revolvers and to applicants for nonprofessional permits to carry weapons and permits to acquire pistols or revolvers on or after the effective date of this portion of the bill.
   FRAUDULENT TRANSFER OF FIREARMS OR AMMUNITION. The bill creates a new Code section to provide that a person who knowingly solicits, persuades, encourages, or entices a licensed firearms dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances that the person knows would violate the laws of this state or of the United States commits a class “D” felony. A person who knowingly provides materially false information to a licensed firearms dealer or private seller of firearms or ammunition with the intent to deceive the firearms dealer or seller about the legality of a transfer of a firearm or ammunition commits a class “D” felony. Any person who willfully procures another to engage in conduct prohibited by this new Code section shall be held accountable as a principal. 
   The new Code section does not apply to a law enforcement officer acting in the officer’s official capacity or to a person acting at the direction of such law enforcement officer.
   RULES. The bill specifies that the department of public safety shall adopt rules to administer Code chapter 724 (weapons).