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Senate Study Bill 279

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 724.7, Code 1995, is amended to read as
  1  2 follows:
  1  3    724.7  NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
  1  4    Any person who can reasonably justify going armed may shall
  1  5 be issued a nonprofessional permit to carry weapons.  Such
  1  6 Nonprofessional permits shall be on a form prescribed and
  1  7 published by the commissioner of public safety, which shall be
  1  8 readily distinguishable from the professional permit, and
  1  9 shall identify the holder thereof of the permit, and state the
  1 10 reason for the issuance of the permit, and the limits of the
  1 11 authority granted by such the permit.  All permits so issued
  1 12 shall be for a definite period as established by the issuing
  1 13 officer, but in no event shall exceed a period of twelve
  1 14 months.
  1 15    Sec. 2.  Section 724.11, Code 1995, is amended to read as
  1 16 follows:
  1 17    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS.
  1 18    Applications for permits to carry weapons shall be made to
  1 19 the sheriff of the county in which the applicant resides.
  1 20 Applications from persons who are nonresidents of the state,
  1 21 or whose need to go armed arises out of employment by the
  1 22 state, shall be made to the commissioner of public safety.  In
  1 23 either case, the issuance of the permit shall be by and at the
  1 24 discretion of the The sheriff or commissioner, who shall,
  1 25 before issuing the a professional or nonprofessional permit,
  1 26 determine that the requirements of sections 724.6 to 724.10
  1 27 have been satisfied.  However, the training program
  1 28 requirements in section 724.9 may be waived for renewal
  1 29 permits.  The issuing officer shall collect a fee of ten
  1 30 dollars, except from a duly appointed peace officer or
  1 31 correctional officer, for each permit issued.  Renewal permits
  1 32 or duplicate permits shall be issued for a fee of five
  1 33 dollars.  The issuing officer shall notify the commissioner of
  1 34 public safety of the issuance of any permit at least monthly
  1 35 and forward to the director an amount equal to two dollars for
  2  1 each permit issued and one dollar for each renewal or
  2  2 duplicate permit issued.  All such fees received by the
  2  3 commissioner shall be paid to the treasurer of state and
  2  4 deposited in the operating account of the department of public
  2  5 safety to offset the cost of administering this chapter.  Any
  2  6 unspent balance as of June 30 of each year shall revert to the
  2  7 general fund as provided by section 8.33.
  2  8    Sec. 3.  NEW SECTION.  724.21A  IMMUNITY.
  2  9    A sheriff or the commissioner of public safety, the
  2 10 sheriff's department or the department of public safety, or an
  2 11 employee of a sheriff's department or the department of public
  2 12 safety shall be immune from liability for acts or omissions
  2 13 arising from a good faith effort to comply with sections 724.6
  2 14 through 724.19.
  2 15    Sec. 4.  CONDITIONAL EFFECTIVENESS.  Any state mandate in
  2 16 this Act shall not take effect unless an appropriation fully
  2 17 or proportionately funding the cost of the mandate is made in
  2 18 accordance with section 25B.2, subsection 3.  
  2 19                           EXPLANATION
  2 20    This bill provides that a county sheriff or the
  2 21 commissioner of public safety must issue a nonprofessional
  2 22 permit to carry a concealed weapon to a person who meets all
  2 23 the eligibility requirements for a permit.  Currently,
  2 24 nonprofessional permits to carry are issued at the discretion
  2 25 of the sheriff or commissioner.  The bill also provides for
  2 26 immunity from liability for persons and agencies for a good
  2 27 faith effort to comply with the requirements regarding the
  2 28 issuance of permits to acquire handguns or permits to carry
  2 29 concealed weapons.
  2 30    This bill may contain a state mandate under chapter 25B.  A
  2 31 political subdivision does not have to comply with a mandate
  2 32 contained in the bill unless an appropriation fully or
  2 33 proportionately funding the cost of the mandate is made in
  2 34 accordance with section 25B.2, subsection 3.  
  2 35 LSB 2570SC 76
  3  1 mk/cf/24
     
Text: SSB00278                          Text: SSB00280
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