SF 427 (LSB 2601SV (1) 86)

SENATE FILE 427

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1263)

A BILL FOR

An Act relating to the making, transferring, and possession of firearms and suppressors, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.1, subsection 1, paragraph h, Code 2015, is amended by striking the paragraph.
    Sec. 2.  NEW SECTION.  724.1A  Firearm suppressors —— certification.
   1.  As used in this section, unless the context otherwise requires: 
   a.  “Certification” means the participation and assent of the chief law enforcement officer of the jurisdiction where the applicant resides or maintains an address of record, that is necessary under federal law for the approval of an application to make or transfer a firearm suppressor.
   b.  “Chief law enforcement officer” means the county sheriff, chief of police, or the designee of such official, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, has identified by regulation or has determined is otherwise eligible to provide any required certification for making or transferring a firearm suppressor.
   c.  “Firearm suppressor” means a mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired that is considered a “firearm silencer” or “firearm muffler” as defined in 18 U.S.C. §921.
   2.  a.  A chief law enforcement officer is not required to make any certification under this section the chief law enforcement officer knows to be false, but the chief law enforcement officer shall not refuse, based on a generalized objection, to issue a certification to make or transfer a firearm suppressor.
   b.  When the certification of the chief law enforcement officer is required by federal law or regulation for making or transferring a firearm suppressor, the chief law enforcement officer shall, within thirty days of receipt of a request for certification, issue such certification if the applicant is not prohibited by law from making or transferring a firearm suppressor or is not the subject of a proceeding that could result in the applicant being prohibited by law from making or transferring the firearm suppressor. If the chief law enforcement officer does not issue a certification as required by this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial.
   3.  An applicant whose request for certification is denied may appeal the decision of the chief law enforcement officer to the district court for the county in which the applicant resides or maintains an address of record. The court shall review the decision of the chief law enforcement officer to deny the certification de novo. If the court finds that the applicant is not prohibited by law from making or transferring the firearm suppressor, or is not the subject of a proceeding that could result in such prohibition, or that no substantial evidence supports the decision of the chief law enforcement officer, the court shall order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney fees to the applicant. If the court determines the applicant is not eligible to be issued a certification, the court shall award court costs and reasonable attorney fees to the political subdivision of the state representing the chief law enforcement officer.
   4.  In making a determination about whether to issue a certification under subsection 2, a chief law enforcement officer may conduct a criminal background check, but shall only require the applicant provide as much information as is necessary to identify the applicant for this purpose or to determine the disposition of an arrest or proceeding relevant to the eligibility of the applicant to lawfully possess or receive a firearm suppressor. A chief law enforcement officer shall not require access to or consent to inspect any private premises as a condition of providing a certification under this section.
   5.  A chief law enforcement officer and employees of the chief law enforcement officer who act in good faith are immune from liability arising from any act or omission in making a certification as required by this section.
    Sec. 3.  NEW SECTION.  724.1B  Firearm suppressors —— penalty.
   1.  A person shall not possess a firearm suppressor in this state unless authorized by federal law. 
   2.  A person who possesses a firearm suppressor in violation of subsection 1 commits a class “D” felony. 
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 making, transferring, and possession of firearms and suppressors.
   Current Iowa law provides that a mechanical device specifically constructed and designed so that when attached to a firearm it silences, muffles, or suppresses the sound when fired is an offensive weapon. Under Code section 724.3, any person who knowingly possesses an offensive weapon commits a class “D” felony, punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill strikes a provision in Code section 724.1(1)(h) that classifies a firearm suppressor as an offensive weapon. By striking this provision, a firearm suppressor is legal to possess in the state. This provision takes effect upon enactment.
   The bill also creates in new Code section 724.1A, a process whereby a person may apply to the chief law enforcement officer of the jurisdiction where the person resides or maintains an address of record for a certification to make or transfer a firearm suppressor. The bill defines “firearm suppressor” to mean a mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired that is considered a “firearm silencer” or “firearm muffler” as defined in 18 U.S.C. §921.
   The bill specifies that a chief law enforcement officer shall not refuse to provide certification, based on a generalized objection, to an applicant making or transferring a firearm suppressor. If a person applies for certification to make or transfer a firearm suppressor with the chief law enforcement officer, the bill requires the chief law enforcement officer to issue the certification within 30 days of receiving such an application unless the applicant is prohibited by law from making or transferring a firearm suppressor or the applicant is the subject of a proceeding that could result in the applicant being prohibited by law from making or transferring a firearm suppressor. If the chief law enforcement officer does not issue a certification under the bill, the chief law enforcement officer shall provide the applicant a written notification of the denial and the reason for the denial. If the certification has been approved by the chief law enforcement officer under the bill, the applicant has the authority to make or transfer a firearm suppressor as provided by state and federal law. 
   If the applicant’s request for certification is denied, the bill specifies that the applicant may appeal the decision to the district court for the county in which the applicant resides or maintains an address of record. The bill specifies that the court shall review the decision of the chief law enforcement officer to deny the certification de novo. If the court finds that the applicant is not prohibited by law from making or transferring a firearm suppressor, the bill requires the court to order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney fees to the applicant. If the court determines the applicant is not eligible to be issued a certification, the bill requires the court to award court costs and reasonable attorney fees to the political subdivision of the state representing the chief law enforcement officer.
   In making a determination about whether to issue a certification under the bill, a chief law enforcement officer may conduct a criminal background check, but shall only require the applicant to provide as much information as is necessary to identify the applicant for this purpose or to determine the disposition of an arrest or proceeding relevant to the eligibility of the applicant to lawfully make or transfer a firearm suppressor. The bill prohibits a chief law enforcement officer from requiring access to any private premises as a condition of providing a certification under this Code section.
   A chief law enforcement officer and employees of the chief law enforcement officer who act in good faith are immune from liability arising from any act or omission in making a certification under the bill.
   The bill provides that a person shall not possess a firearm suppressor unless authorized by federal law. A person who violates this provision commits a class “D” felony.