HF 118 (LSB 1360HH (1) 88)

HOUSE FILE 118

BY  SHIPLEY

A BILL FOR

An Act relating to carrying and possessing weapons and acquiring pistols and revolvers, providing penalties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT

    Section 1.  Section 232.52, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), subparagraph subdivision (viii), Code 2019, is amended to read as follows:
   (viii)  Section 724.4 if the child used the knife in the commission of a crime on school grounds.
    Sec. 2.  Section 724.2A, Code 2019, is amended to read as follows:
   724.2A  Peace officer —— defined —— reserved peace officer included.
   As used in sections 724.4, 724.6, and 724.11, “peace officer”  includes a reserve peace officer as defined in section 80D.1A.
    Sec. 3.  Section 724.4, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   724.4  Use of knife in the commission of a crime.
   A person who goes armed with a knife on or about the person, if the person uses the knife in the commission of a crime, commits an aggravated misdemeanor.
    Sec. 4.  Section 724.4B, subsection 2, Code 2019, is amended to read as follows:
   2.  Subsection 1 does not apply to the following:
   a.  A person listed under section 724.4, subsection 4, paragraphs “b” through “f” or “j”.
   b.  a.  A person who has been specifically authorized by the school to go armed with, carry, or transport a firearm on the school grounds, including for purposes of conducting an instructional program regarding firearms.
   c.  b.  A licensee under chapter 80A or an employee of such a licensee, while the licensee or employee is engaged in the performance of duties, and if the licensee or employee possesses a valid professional or nonprofessional permit to carry weapons issued pursuant to this chapter.
   c.  A member of the armed forces of the United States or of the national guard or person in the service of the United States, when the weapons are carried in connection with the person’s duties as such.
   d.  A correctional officer, when the officer’s duties require, serving under the authority of the Iowa department of corrections.
   e.  A person who for any lawful purpose carries an unloaded pistol, revolver, or other dangerous weapon inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
   f.  A person who for any lawful purpose carries or transports an unloaded pistol or revolver in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the pistol or revolver will not be readily accessible to any person riding in the vehicle or common carrier.
   g.  A law enforcement officer from another state when the officer’s duties require the officer to carry the weapon and the officer is in this state for any of the following reasons:
   (1)  The extradition or other lawful removal of a prisoner from this state.
   (2)  Pursuit of a suspect in compliance with chapter 806.
   (3)  Activities in the capacity of a law enforcement officer with the knowledge and consent of the chief of police of the city or the sheriff of the county in which the activities occur or of the commissioner of public safety.
    Sec. 5.  Section 724.5, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   724.5  Availability of permit not to be construed as prohibition on unlicensed carrying of weapons.
   The availability of a professional or nonprofessional permit to carry weapons under this chapter shall not be construed to impose a general prohibition on the unlicensed carrying, whether openly or concealed, of a deadly weapon, including a loaded firearm.
DIVISION II
ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS

    Sec. 6.  Section 29C.25, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  Suspend or revoke, except in accordance with section 724.13, a permit issued pursuant to section 724.6, or 724.7, or 724.15.
    Sec. 7.  Section 724.11A, Code 2019, 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 a permit to acquire pistols or revolvers issued pursuant to section 724.15 deemed to satisfy the requirements of section 724.15.
    Sec. 8.  Section 724.15, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   724.15  Acquiring pistols or revolvers.
   1.  It is the intent of this section to satisfy federal requirements of 18 U.S.C. §922(t)(3) in order to acquire pistols or revolvers. As of July 1, 2019, the state shall no longer issue a permit to acquire. In order to acquire a pistol or revolver from a federally licensed firearms dealer, a person is required to have a valid permit to carry weapons issued in accordance with this chapter or the person must complete a satisfactory national instant criminal background check pursuant to 18 U.S.C. §922(t).
   2.  A person shall not acquire a pistol or revolver 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.  An issuing officer who finds that a person issued a permit to acquire pistols or revolvers under this chapter prior to July 1, 2019, 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, Code 2018.
    Sec. 9.  Section 724.16, Code 2019, is amended to read as follows:
   724.16  Permit to acquire required —— transfer prohibited Pistols and revolvers —— acquiring or transferring prohibitions.
   1.  Except as otherwise provided in section 724.15, subsection 2, a A person who acquires ownership of a pistol or revolver without a valid permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person’s possession a valid permit to acquire pistols or revolvers from a federally licensed firearms dealer in violation of section 724.15 is guilty of an aggravated misdemeanor.
   2.  A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class “D” felony.
    Sec. 10.  Section 724.21A, subsections 1, 7, and 8, Code 2019, 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 a permit to acquire pistols or revolvers, 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.
   7.  In any case where the issuing officer denies an application for, or suspends or revokes a permit to carry weapons or a permit to acquire pistols or revolvers 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.
   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.
    Sec. 11.  Section 724.27, subsection 1, unnumbered paragraph 1, Code 2019, 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:
    Sec. 12.  REPEAL.  Sections 724.17, 724.18, 724.19, and 724.20, Code 2019, are repealed.
    Sec. 13.  APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE.  A permit to acquire issued under the provisions of chapter 724, Code 2019, prior to July 1, 2019, shall be considered a valid permit to acquire as long as the permit has not expired unless the person becomes ineligible to acquire a pistol or revolver.
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 carrying and possessing weapons and acquiring pistols and revolvers.
   DIVISION I —— CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT. The bill strikes Code section 724.4 relating to the crime of carrying dangerous weapons, an aggravated misdemeanor, without a valid permit or in other enumerated circumstances. Instead, the bill section creates a new crime of going armed with a knife in the commission of a crime, an aggravated misdemeanor. The bill amends Code section 232.52(2), by allowing a juvenile court to enter a dispositional order suspending or revoking a child’s driver’s license or operating privilege where the child commits a delinquent act in violation of Code section 724.4 and the commission of the delinquent act is on school grounds. The bill also makes conforming changes to Code section 724.4B, relating to the carrying of weapons on school grounds, by specifically identifying certain categories of persons who are authorized to carry weapons on school grounds that were previously identified by reference to Code section 724.4, paragraphs “b” through “f” or “j”.
   The bill strikes Code section 724.5 relating to a person’s duty to carry a valid permit to carry certain weapons for which a permit has been issued to the person and replaces that Code section with a provision stating that the availability of a professional or nonprofessional permit to carry weapons shall not be construed to impose a general prohibition on the unlicensed carrying of a deadly weapon including a loaded firearm.
   DIVISION II —— ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS. 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. It is the intent of the bill to satisfy federal requirements of 18 U.S.C. §922(t)(3) in order to acquire a pistol or revolver. The bill provides that as of July 1, 2019, the state shall no longer issue a permit to acquire. In order to acquire a pistol or revolver from a federally licensed firearms dealer, a person is required to have a valid permit to carry weapons issued in accordance with Code chapter 724 or the person must complete a satisfactory national instant criminal background check pursuant to 18 U.S.C. §922(t). The bill provides that a valid permit to carry weapons or license issued by another state to any nonresident of this state does not satisfy the requirements to acquire a pistol or revolver in this state.
   The bill also makes a conforming change to Code section 29C.25 due to the elimination of the permit to acquire.
   Under the bill, a person is not eligible to acquire a pistol or revolver if the person is less than 21 years of age, is prohibited by Code section 724.26 (felon in possession of a firearm), federal law, or is prohibited by a court order from possessing, shipping, transporting, or receiving a firearm.
   The bill provides a permit to acquire a pistol or revolver issued under Code chapter 724 (Code 2019) prior to July 1, 2019, shall be considered a valid permit to acquire as long as the permit has not expired unless the person becomes ineligible to acquire a pistol or revolver.
   The bill, in Code section 724.15, provides that a permit to acquire firearms issued prior to July 1, 2019, may be suspended or revoked by the issuing officer and the aggrieved permit holder may file an appeal with an administrative law judge under Code section 724.21A as written in the 2019 Code.
   By striking the requirement to obtain a permit to acquire a pistol or revolver, and moving certain requirements to acquire a pistol or revolver into Code section 724.15 as amended in the bill, the bill repeals Code sections 724.17 (application for permit to acquire —— criminal history check), 724.18 (procedure for making application for permit to acquire), 724.19 (issuance of annual permit to acquire), and 724.20 (validity of permit to acquire pistols or revolvers).
   The bill amends Code section 724.16 by providing that a person who acquires ownership of a pistol or revolver from a federally licensed firearms dealer in violation of Code section 724.15 is guilty of an aggravated misdemeanor. Currently, a person who acquires ownership of a pistol or revolver without a valid permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person’s possession a valid permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor, except as otherwise provided in Code section 724.15(2).
   The bill makes a conforming change to Code section 724.27 relating to the restoration of firearms rights.
   An aggravated misdemeanor, as referenced in the bill, is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.