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Senate File 451

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 724.6, subsection 1, Code 1995, is
  1  2 amended to read as follows:
  1  3    1.  A person may be issued a permit to carry weapons when
  1  4 the person's employment in a private investigation business or
  1  5 private security business licensed under chapter 80A, or a
  1  6 person's employment as a peace officer, reserve peace officer,
  1  7 correctional officer, security guard, bank messenger or other
  1  8 person transporting property of a value requiring security, or
  1  9 in police work, reasonably justifies that person going armed.
  1 10 The permit shall be on a form prescribed and published by the
  1 11 commissioner of public safety, shall identify the holder, and
  1 12 shall state the nature of the employment requiring the holder
  1 13 to go armed.  A permit so issued, other than to a peace
  1 14 officer, shall authorize the person to whom it is issued to go
  1 15 armed anywhere in the state, only while engaged in the
  1 16 employment, and while going to and from the place of the
  1 17 employment.  A permit issued to a certified peace officer
  1 18 shall authorize that peace officer to go armed anywhere in the
  1 19 state at all times.  Permits shall expire twelve or twenty-
  1 20 four months after the date when issued except that permits
  1 21 issued to peace officers and correctional officers are valid
  1 22 through the officer's period of employment unless otherwise
  1 23 canceled and permits for reserve peace officers are valid for
  1 24 twenty-four months.  When the employment is terminated, the
  1 25 holder of the permit shall surrender it to the issuing officer
  1 26 for cancellation.
  1 27    Sec. 2.  Section 724.8, unnumbered paragraph 1, Code 1995,
  1 28 is amended to read as follows:
  1 29    No A person shall not be issued a professional or
  1 30 nonprofessional permit to carry weapons unless all of the
  1 31 following conditions are met:
  1 32    Sec. 3.  Section 724.8, Code 1995, is amended by adding the
  1 33 following new subsection:
  1 34    NEW SUBSECTION.  7.  For nonprofessional permits to carry
  1 35 weapons only, the person either is a citizen of the United
  2  1 States or has been a legal resident of the United States for
  2  2 at least five years and can document that fact in order for an
  2  3 accurate criminal history check to be accomplished.
  2  4    Sec. 4.  Section 724.11, Code 1995, is amended to read as
  2  5 follows:
  2  6    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS &endash; REASONS FOR
  2  7 DENIAL STATED &endash; REVIEW.
  2  8    Applications for permits to carry weapons shall be made to
  2  9 the sheriff of the county in which the applicant resides.
  2 10 Applications from persons who are nonresidents of the state,
  2 11 or whose need to go armed arises out of employment by the
  2 12 state, shall be made to the commissioner of public safety.  In
  2 13 either case, the issuance of the permit shall be by and at the
  2 14 discretion of the sheriff or commissioner, who shall, before
  2 15 issuing the permit, determine that the requirements of
  2 16 sections 724.6 to 724.10 have been satisfied.  However, the
  2 17 training program requirements in section 724.9 may be waived
  2 18 for renewal permits.  The issuing officer shall collect a fee
  2 19 of ten dollars, except from a duly appointed peace officer or
  2 20 correctional officer, for each permit issued for a period of
  2 21 twelve months or less and a fee of twenty-five dollars for
  2 22 each permit issued for a period of thirteen months to twenty-
  2 23 four months.  Renewal permits or duplicate permits shall be
  2 24 issued for a fee of five dollars for permits issued for twelve
  2 25 months or less and fifteen dollars for a permit issued for a
  2 26 period of thirteen months to twenty-four months.  The issuing
  2 27 officer shall notify the commissioner of public safety of the
  2 28 issuance of any permit at least monthly and forward to the
  2 29 director an amount equal to two dollars for each permit issued
  2 30 and one dollar for each renewal or duplicate permit issued.
  2 31 All such fees received by the commissioner shall be paid to
  2 32 the treasurer of state and deposited in the operating account
  2 33 of the department of public safety to offset the cost of
  2 34 administering this chapter.  Any unspent balance as of June 30
  2 35 of each year shall revert to the general fund as provided by
  3  1 section 8.33.
  3  2    If an application for a permit is denied, the sheriff or
  3  3 commissioner shall state in writing the reasons for denying
  3  4 the permit and shall provide a copy to the applicant.  A
  3  5 person who meets the requirements of section 724.8 but who is
  3  6 denied a permit to carry concealed weapons may seek review of
  3  7 the denial of the application by a magistrate or district
  3  8 associate judge.  The review shall be conducted in the manner
  3  9 of a small claims action under chapter 631 and an adverse
  3 10 decision may be appealed in the manner of a small claims
  3 11 appeal under section 631.13.
  3 12    Sec. 5.  Section 724.15, subsection 1, Code 1995, is
  3 13 amended by adding the following new paragraph:
  3 14    NEW PARAGRAPH.  g.  The person either is a citizen of the
  3 15 United States or has been a legal resident of the United
  3 16 States for at least five years and can document that fact in
  3 17 order for an accurate criminal history check to be
  3 18 accomplished.  
  3 19                           EXPLANATION
  3 20    This bill provides that a person must be either a United
  3 21 States citizen or a noncitizen who has lived legally in the
  3 22 United States for at least five years to be able to obtain a
  3 23 permit to acquire handguns or a nonprofessional permit to
  3 24 carry weapons.  The bill also adds reserve peace officers to
  3 25 the persons who may be issued professional permits to carry
  3 26 weapons.  Professional permits issued to reserve peace
  3 27 officers shall be valid for 24 months.
  3 28    In addition, the bill provides that professional permits to
  3 29 carry issued to persons other than peace officers will be
  3 30 valid for 12 or 24 months.  The fee for a 24-month permit is
  3 31 $25 and the renewal fee is $15.
  3 32    Finally, the bill requires the sheriff or commissioner of
  3 33 public safety to provide written reasons for denying an
  3 34 application for a permit to carry weapons.  A person who is
  3 35 turned down for a permit to carry may seek review of the
  4  1 decision before a magistrate or district associate judge as a
  4  2 small claims action.  
  4  3 LSB 2570SV 76
  4  4 mk/cf/24.1
     

Text: SF00450                           Text: SF00452
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