HF 220 (LSB 1971YH (3) 88)

HOUSE FILE 220

BY  ABDUL-SAMAD

A BILL FOR

An Act prohibiting the sale or transfer of semiautomatic assault weapons to unauthorized persons, providing penalties, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724.1D  Semiautomatic assault weapon defined.  
   1.  “Semiautomatic assault weapon” means any of the following:
   a.  A semiautomatic rifle that has the capability to accept a detachable ammunition magazine and that has any of the following:
   (1)  A pistol grip or thumbhole stock.
   (2)  A forward grip or any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
   (3)  A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the user to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.
   (4)  A folding, telescoping, or detachable stock.
   (5)  A threaded barrel.
   (6)  A grenade launcher or rocket launcher.
   b.  A semiautomatic rifle that has a fixed magazine with the capability to accept more than ten rounds of ammunition, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
   c.  Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machine gun.
   d.  A semiautomatic pistol that has the capability to accept a detachable ammunition magazine and that has any of the following:
   (1)  A second pistol grip or any feature capable of functioning as a protruding grip that can be held by the nontrigger hand.
   (2)  A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the user to hold the firearm with the nontrigger hand without being burned, but excluding a slide that encloses the barrel.
   (3)  A threaded barrel.
   (4)  The capability to accept a detachable ammunition magazine at any location outside the pistol grip.
   e.  A semiautomatic pistol that has a fixed magazine with the capacity to accept more than ten rounds of ammunition.
   f.  A semiautomatic shotgun that has any of the following:
   (1)  The capability to accept a detachable ammunition magazine.
   (2)  A pistol grip.
   (3)  A folding, telescoping, or detachable stock.
   (4)  A fixed ammunition magazine that has the capability to accept more than five rounds of ammunition.
   (5)  A forward grip.
   (6)  A grenade launcher or rocket launcher.
   g.  A shotgun with a revolving cylinder.
   h.  A conversion kit, part, or combination of parts, from which a semiautomatic assault weapon can be assembled if the parts are in the possession of or under the control of the same person.
   i.  A frame or receiver that is identical to, or based substantially on, the frame or receiver of a semiautomatic assault weapon described in paragraph “a”, “b”, “d”, “e”, or “f”.
   2.  “Semiautomatic assault weapon” does not include any of the following:
   a.  A firearm that is manually operated by a bolt, pump, lever, or slide action.
   b.  A firearm that has been rendered permanently inoperable.
    Sec. 2.  Section 724.22, subsections 1 and 2, Code 2019, are amended to read as follows:
   1.  Except as provided in subsection 3 and section 724.22A, subsection 2, a person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.
   2.  Except as provided in subsections 4, and 5, and section 724.22A, subsection 2, a person who sells, loans, gives, or makes available a pistol or revolver or ammunition for a pistol or revolver to a person below the age of twenty-one commits a serious misdemeanor for a first offense and a class “D” felony for second and subsequent offenses.
    Sec. 3.  NEW SECTION.  724.22A  Sale or transfer of semiautomatic assault weapons —— penalties.
   1.  A person who sells or transfers a semiautomatic assault weapon to an unauthorized person commits a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense.
   2.  This section does not apply to the sale or transfer of a semiautomatic assault weapon to a minor by the minor’s parent or guardian.
   3.  For purposes of this section, an “unauthorized person” is a person who is subject to any of the following:
   a.  Is less than eighteen years of age, except as otherwise provided in subsection 2.
   b.  Probable cause exists to believe, based upon documented specific actions of the person, where at least one of the actions occurred within two years immediately preceding the date of the sale or transfer, that the person is any of the following:
   (1)  Likely to use the semiautomatic weapon unlawfully or in such other manner as would endanger the person’s self or others.
   (2)  Involved with or is a member of a criminal street gang as defined in section 723A.1.
   (3)  Involved with or participated in the unlawful distribution of a controlled substance.
   c.  Is subject to the provisions of section 724.26.
   d.  Is addicted to the use of alcohol or a controlled substance.
   e.  Has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in chapter 708 not involving the use of a firearm or explosive.
   f.  Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  This Act applies to the sale or transfer of a semiautomatic assault weapon sold or transferred on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the sale or transfer of semiautomatic assault weapons, provides penalties, and includes effective date and applicability provisions.
   The bill provides that a person who sells or transfers a semiautomatic assault weapon to an unauthorized person commits a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
   The bill defines a semiautomatic assault weapon to include a semiautomatic rifle, pistol, or shotgun with certain characteristics, a conversion kit, part, or combination of parts from which a semiautomatic weapon can be assembled, and a frame or receiver that is identical to or based substantially on the frame or receiver or a semiautomatic assault weapon. The bill excludes a firearm that is manually operated by a bolt, pump, lever, or slide action and a firearm that has been rendered permanently inoperable from the definition of a semiautomatic assault weapon.
   The bill provides that a parent or guardian of a minor may allow the minor to possess a semiautomatic assault weapon.
   The bill defines an unauthorized person as the following: a minor defined as a person less than 18 years of age except as otherwise provided in the bill; a person likely to use the semiautomatic weapon unlawfully or in such other manner as would endanger the person’s self or others; a person who is involved with or is a member of a criminal street gang as that term is defined in Code section 723A.1; a person involved with or participating in the unlawful distribution of a controlled substance; a person subject to the provisions of Code section 724.26; a person who is addicted to the use of alcohol or a controlled substance; a person that has, within the previous three years, been convicted of any serious or aggravated misdemeanor defined in Code chapter 708 not involving the use of a firearm or explosive; and a person who is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.
   The bill takes effect upon enactment and applies to the sale or transfer of a semiautomatic assault weapon sold or transferred on or after the effective date of the bill.