HF 2145 (LSB 5023YH (5) 87)

HOUSE FILE 2145

BY  STAED, MASCHER, and BROWN-POWERS

A BILL FOR

An Act relating to the issuance, denial, suspension, or revocation of a permit to carry weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.7, subsection 1, Code 2018, is amended to read as follows:
   1.  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 may 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.
    Sec. 2.  Section 724.11, subsection 1, Code 2018, is amended to read as follows:
   1.  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 issuance of the permit shall be by and at the discretion of the sheriff or commissioner, who shall, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. A renewal applicant shall apply within thirty days prior to the expiration of the permit, or within thirty days after the expiration of the permit; otherwise the applicant shall be considered an applicant for an initial permit for purposes of renewal fees under subsection 3.
    Sec. 3.  Section 724.13, subsection 1, Code 2018, is amended to read as follows:
   1.  An issuing officer who finds that a person issued a permit to carry weapons under this chapter has been arrested for a disqualifying offense, or is the subject of proceedings that could lead to the person’s ineligibility for such permit, or determines the conditions for the issuance of such permit no longer exist, may immediately suspend such permit. An issuing officer proceeding under this section 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, or if the officer determines that the conditions for the issuance of such permit no longer exist. A person aggrieved by a suspension or revocation under this section may seek review of the decision pursuant to section 724.21A.
    Sec. 4.  Section 724.21A, subsection 8, Code 2018, is amended to read as follows:
   8.  If an applicant or permit holder appeals the decision by the sheriff or commissioner to deny an application for or suspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers, and it is later determined on appeal the applicant or permit holder is eligible to be issued or possess a permit to carry weapons or a permit to acquire pistols or revolvers, the applicant or permit holder shall be awarded court costs and reasonable attorney fees. If the decision of the sheriff or commissioner to deny an application for or suspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers is upheld on appeal, or the applicant or permit holder withdraws or dismisses the appeal, the political subdivision of the state representing the sheriff or the state department representing the commissioner shall be awarded court costs and reasonable attorney fees.
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, denial, suspension, or revocation of a permit to carry weapons.
   Current law provides that the issuing officer (county sheriff or commissioner of public safety) shall issue a permit to carry weapons to an applicant unless the applicant does not meet certain requirements of Code chapter 724 (weapons). The bill allows the issuing officer to deny the issuance of a permit to carry weapons at the discretion of the issuing officer even if the applicant meets the other requirements of Code chapter 724. 
   The bill allows the issuing officer to suspend or revoke a permit to carry weapons if the issuing officer determines the conditions for the issuance of the permit to carry weapons no longer exist. 
   The bill strikes language that requires the issuing officer to reinstate a permit to carry weapons if the suspension of the permit is based upon an arrest or proceeding that does not result in a disqualifying conviction or finding against the permit holder. 
   Under current law, a person who appeals the decision by the issuing officer to deny an application for a permit to carry weapons or who suspends or revokes a permit to carry weapons, and it is later determined on appeal that the person is eligible to be issued or possess a permit to carry weapons, the person shall be awarded court costs and reasonable attorney fees, and if the person loses or withdraws such an appeal, the government shall be awarded court costs and reasonable attorney fees. The bill strikes the provision relating to awarding court costs and reasonable attorney fees to the prevailing party in an appeal for the denial, suspension, or revocation of a permit to carry weapons, but does not strike the provision allowing for such an appeal.