House Study Bill 201 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the manufacture, acquisition, sale, and 1 use of firearms and suppressors, providing penalties, and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1099YC (3) 86 jm/rj

H.F. _____ Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2015, is amended by striking the paragraph. 2 Sec. 2. NEW SECTION . 724.1A Firearm suppressors —— 3 certification. 4 1. As used in this section, unless the context otherwise 5 requires: 6 a. “Certification” means the participation and assent of 7 the chief law enforcement officer of the jurisdiction where the 8 applicant resides or maintains an address of record, that is 9 necessary under federal law for the approval of an application 10 to make or transfer a firearm suppressor. 11 b. “Chief law enforcement officer” means the county sheriff, 12 chief of police, or the designee of such official, that the 13 federal bureau of alcohol, tobacco, firearms and explosives, 14 or any successor agency, has identified by regulation or has 15 determined is otherwise eligible to provide any required 16 certification for making or transferring a firearm suppressor. 17 c. “Firearm suppressor” means a mechanical device 18 specifically constructed and designed so that when attached to 19 a firearm silences, muffles, or suppresses the sound when fired 20 that is considered a “firearm silencer” or “firearm muffler” as 21 defined in 18 U.S.C. §921. 22 2. a. A chief law enforcement officer is not required 23 to make any certification under this section the chief law 24 enforcement officer knows to be false, but the chief law 25 enforcement officer shall not refuse, based on a generalized 26 objection, to issue a certification to make or transfer a 27 firearm suppressor. 28 b. When the certification of the chief law enforcement 29 officer is required by federal law or regulation for making or 30 transferring a firearm suppressor, the chief law enforcement 31 officer shall, within thirty days of receipt of a request for 32 certification, issue such certification if the applicant is 33 not prohibited by law from making or transferring a firearm 34 suppressor or is not the subject of a proceeding that could 35 -1- LSB 1099YC (3) 86 jm/rj 1/ 27

H.F. _____ result in the applicant being prohibited by law from making 1 or transferring the firearm suppressor. If the chief law 2 enforcement officer does not issue a certification as required 3 by this section, the chief law enforcement officer shall 4 provide the applicant with a written notification of the denial 5 and the reason for the denial. 6 c. A certification that has been approved under this section 7 grants the person the authority to make or transfer a firearm 8 suppressor as provided by state and federal law. 9 3. An applicant whose request for certification is denied 10 may appeal the decision of the chief law enforcement officer 11 to the district court for the county in which the applicant 12 resides or maintains an address of record. The court shall 13 review the decision of the chief law enforcement officer to 14 deny the certification de novo. If the court finds that the 15 applicant is not prohibited by law from making or transferring 16 the firearm suppressor, or is not the subject of a proceeding 17 that could result in such prohibition, or that no substantial 18 evidence supports the decision of the chief law enforcement 19 officer, the court shall order the chief law enforcement 20 officer to issue the certification and award court costs and 21 reasonable attorney fees to the applicant. If the court 22 determines the applicant is not eligible to be issued a 23 certification, the court shall award court costs and reasonable 24 attorney fees to the political subdivision of the state 25 representing the chief law enforcement officer. 26 4. In making a determination about whether to issue a 27 certification under subsection 2, a chief law enforcement 28 officer may conduct a criminal background check, including 29 an inquiry of the national instant criminal background check 30 system maintained by the federal bureau of investigation or any 31 successor agency, but shall only require the applicant provide 32 as much information as is necessary to identify the applicant 33 for this purpose or to determine the disposition of an arrest 34 or proceeding relevant to the eligibility of the applicant to 35 -2- LSB 1099YC (3) 86 jm/rj 2/ 27

H.F. _____ lawfully possess or receive a firearm suppressor. A chief law 1 enforcement officer shall not require access to or consent to 2 inspect any private premises as a condition of providing a 3 certification under this section. 4 5. A chief law enforcement officer and employees of the 5 chief law enforcement officer who act in good faith are immune 6 from liability arising from any act or omission in making a 7 certification as required by this section. 8 Sec. 3. Section 724.4, subsection 4, paragraph i, Code 2015, 9 is amended to read as follows: 10 i. A person who has in the person’s possession and who 11 displays to a peace officer on demand a valid permit to 12 carry weapons which has been issued to the person, or whose 13 possession of a valid permit to carry weapons is able to be 14 verified through electronic means by a peace officer, and whose 15 conduct is within the limits of that permit. A person shall 16 not be convicted of a violation of this section if the person 17 produces at the person’s trial a permit to carry weapons which 18 was valid at the time of the alleged offense and which would 19 have brought the person’s conduct within this exception if the 20 permit had been produced at the time of the alleged offense. 21 Sec. 4. Section 724.4B, subsection 2, Code 2015, is amended 22 to read as follows: 23 2. Subsection 1 does not apply to the following: 24 a. A person listed under section 724.4, subsection 4 , 25 paragraphs “b” through “f” or “j” . 26 b. A person who has been specifically authorized by the 27 school to go armed with, carry, or transport a firearm on 28 the school grounds, including for purposes of conducting an 29 instructional program regarding firearms. 30 c. A person who has a professional permit to carry weapons 31 pursuant to section 724.6. 32 Sec. 5. Section 724.5, Code 2015, is amended to read as 33 follows: 34 724.5 Duty to carry or verify permit to carry weapons. 35 -3- LSB 1099YC (3) 86 jm/rj 3/ 27

H.F. _____ 1. A person armed with a revolver, pistol, or pocket billy 1 concealed upon the person shall have in the person’s immediate 2 possession the permit provided for in section 724.4, subsection 3 4 , paragraph “i” , and shall produce the permit for inspection at 4 the request of a peace officer. 5 2. A peace officer shall verify through electronic means, if 6 possible, the validity of the person’s possession of a valid 7 permit to carry weapons. If the peace officer verifies through 8 electronic means that the person possesses a valid permit to 9 carry weapons, the person is not required to produce the permit 10 for inspection at the request of the peace officer. 11 3. A person shall not be convicted of a violation of this 12 section if the person produces before or at the person’s trial 13 a permit to carry weapons that was valid at the time of the 14 alleged offense. 15 4. Failure to so produce a permit , unless the possession 16 of a valid permit is verified through electronic means, is a 17 simple misdemeanor. 18 Sec. 6. Section 724.7, subsection 1, Code 2015, is amended 19 to read as follows: 20 1. Any person who is not disqualified under section 724.8 , 21 who satisfies the training requirements of section 724.9 , if 22 applicable, and who files an application in accordance with 23 section 724.10 shall be issued a nonprofessional permit to 24 carry weapons. Such permits shall be on a form prescribed and 25 published by the commissioner of public safety, which shall 26 be readily distinguishable from the professional permit, and 27 shall identify the holder of the permit. Such permits shall 28 not be issued for a particular weapon and shall not contain 29 information about a particular weapon including the make, 30 model, or serial number of the weapon or any ammunition used 31 in that weapon. All permits so issued shall be for a period of 32 five years and shall be valid throughout the state except where 33 the possession or carrying of a firearm is prohibited by state 34 or federal law. 35 -4- LSB 1099YC (3) 86 jm/rj 4/ 27

H.F. _____ Sec. 7. Section 724.9, Code 2015, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 1A. The handgun safety training course 3 required in subsection 1 may be conducted over the internet 4 in a live or web-based format, if completion of the course is 5 verified by the instructor or provider of the course. 6 Sec. 8. Section 724.11, subsections 1 and 3, Code 2015, are 7 amended to read as follows: 8 1. a. Applications for permits to carry weapons shall 9 be made to the sheriff of the county in which the applicant 10 resides. Applications for professional permits to carry 11 weapons for persons who are nonresidents of the state, or whose 12 need to go armed arises out of employment by the state, shall 13 be made to the commissioner of public safety. In either case, 14 the sheriff or commissioner, before issuing the permit, shall 15 determine that the requirements of sections 724.6 to 724.10 16 have been satisfied. However, for renewal of a permit the 17 training program requirements in section 724.9, subsection 18 1, do not apply to an applicant who is able to demonstrate 19 completion of small arms training as specified in section 20 724.9, subsection 1, paragraph “d” . For all other applicants 21 the training program requirements of section 724.9, subsection 22 1, must be satisfied within the twenty-four-month period prior 23 to the date of the application for the issuance of a permit. 24 b. (1) Prior to issuing a renewal, the sheriff or 25 commissioner shall determine the requirements of sections 26 724.6, 724.7, 724.8, and 724.10 and either of the following, as 27 applicable, have been satisfied: 28 (a) Beginning with the first renewal of a permit issued 29 after the calendar year 2010, and alternating renewals 30 thereafter, if a renewal applicant applies within thirty 31 days prior to the expiration of the permit or within thirty 32 days after expiration of the permit, the training program 33 requirements of section 724.9, subsection 1, do not apply. 34 (b) Beginning with the second renewal of a permit issued 35 -5- LSB 1099YC (3) 86 jm/rj 5/ 27

H.F. _____ after the calendar year 2010, and alternating renewals 1 thereafter, if a renewal applicant applies within thirty 2 days prior to the expiration of the permit or within thirty 3 days after expiration of the permit, a renewal applicant 4 shall qualify for renewal by taking an online training course 5 certified by the national rifle association or the department 6 of public safety, and the training program requirements of 7 section 724.9, subsection 1, do not apply. 8 (2) If any renewal applicant applies more than thirty days 9 after the expiration of the permit, the permit requirements 10 of paragraph “a” apply to the applicant, and any subsequent 11 renewal of this permit shall be considered a first renewal for 12 purposes of subparagraph (1). However, the training program 13 requirements of section 724.9, subsection 1, do not apply to an 14 applicant who is able to demonstrate completion of small arms 15 training as specified in section 724.9, subsection 1, paragraph 16 “d” . For all other applicants, in lieu of the training program 17 requirements of section 724.9, subsection 1, the renewal 18 applicant may choose to qualify on a firing range under the 19 supervision of an instructor certified by the national rifle 20 association or the department of public safety or another 21 state’s department of public safety, state police department, 22 or similar certifying body. 23 (3) As an alternative to subparagraph (1), and if the 24 requirements of sections 724.6, 724.7, 724.8, and 724.10 have 25 been satisfied, a renewal applicant may choose to qualify, at 26 any renewal, under the training program requirements in section 27 724.9, subsection 1 , shall apply or the renewal applicant may 28 choose to qualify on a firing range under the supervision of 29 an instructor certified by the national rifle association or 30 the department of public safety or another state’s department 31 of public safety, state police department, or similar 32 certifying body. Such training or qualification must occur 33 within the twelve-month twenty-four-month period prior to the 34 expiration of the applicant’s current permit , except that 35 -6- LSB 1099YC (3) 86 jm/rj 6/ 27

H.F. _____ the twenty-four-month time period limitation for training or 1 qualification does not apply to an applicant who is able to 2 demonstrate completion of small arms training as specified in 3 section 724.9, subsection 1, paragraph “d” . 4 3. The issuing officer shall collect a fee of fifty dollars, 5 except from a duly appointed peace officer or correctional 6 officer, for each permit issued. Renewal permits or duplicate 7 permits shall be issued for a fee of twenty-five dollars, 8 provided the application for such renewal permit is received by 9 the issuing officer at least within thirty days prior to the 10 expiration of the applicant’s current permit or within thirty 11 days after such expiration . The issuing officer shall notify 12 the commissioner of public safety of the issuance of any permit 13 at least monthly and forward to the commissioner an amount 14 equal to ten dollars for each permit issued and five dollars 15 for each renewal or duplicate permit issued. All such fees 16 received by the commissioner shall be paid to the treasurer of 17 state and deposited in the operating account of the department 18 of public safety to offset the cost of administering this 19 chapter . Notwithstanding section 8.33 , any unspent balance as 20 of June 30 of each year shall not revert to the general fund of 21 the state. 22 Sec. 9. Section 724.11, Code 2015, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 5. The initial or renewal permit shall 25 have a uniform appearance, size, and content prescribed and 26 published by the commissioner of public safety. The permit 27 shall contain the name of the permittee and the effective date 28 of the permit, but shall not contain the permittee’s social 29 security number. Such a permit shall not be issued for a 30 particular weapon and shall not contain information about a 31 particular weapon including the make, model, or serial number 32 of the weapon, or any ammunition used in that weapon. 33 Sec. 10. Section 724.11A, Code 2015, is amended to read as 34 follows: 35 -7- LSB 1099YC (3) 86 jm/rj 7/ 27

H.F. _____ 724.11A Recognition. 1 A valid permit or license issued by another state to any 2 nonresident of this state shall be considered to be a valid 3 permit or license to carry weapons issued pursuant to this 4 chapter , except that such permit or license shall not be 5 considered to be a substitute for an annual a permit to acquire 6 pistols or revolvers firearms issued pursuant to section 7 724.15 . 8 Sec. 11. Section 724.15, Code 2015, is amended by striking 9 the section and inserting in lieu thereof the following: 10 724.15 Optional permit to acquire firearms. 11 1. It is the purpose of this section to provide for a permit 12 to acquire firearms that will satisfy the requirements of 18 13 U.S.C. §922(t)(3) to allow the holder of such a permit to 14 acquire firearms from a federally licensed firearms dealer. A 15 person is not required to obtain a permit to acquire firearms 16 under this section if the person possesses a valid permit to 17 carry weapons issued in accordance with this chapter or if the 18 person has otherwise completed a satisfactory national instant 19 criminal background check required pursuant to 18 U.S.C. 20 §922(t). 21 2. A person may obtain a permit to acquire firearms pursuant 22 to this section. However, a permit to acquire firearms 23 shall not be issued to a person who is subject to any of the 24 following: 25 a. Is under twenty-one years of age. 26 b. Is prohibited by section 724.26 or federal law from 27 possessing, shipping, transporting, or receiving a firearm. 28 c. Is prohibited by court order from possessing, shipping, 29 transporting, or receiving a firearm. 30 3. A permit to acquire firearms shall authorize the permit 31 holder to acquire one or more firearms, without limitation, 32 from a federally licensed firearms dealer during the period the 33 permit remains valid pursuant to section 724.20. 34 4. An issuing officer who finds that a person issued 35 -8- LSB 1099YC (3) 86 jm/rj 8/ 27

H.F. _____ a permit to acquire firearms under this chapter has been 1 arrested for a disqualifying offense or who is the subject of 2 proceedings that could lead to the person’s ineligibility for 3 such permit may immediately suspend such permit. An issuing 4 officer proceeding under this subsection shall immediately 5 notify the permit holder of the suspension by personal service 6 or certified mail on a form prescribed and published by the 7 commissioner of public safety and the suspension shall become 8 effective upon the permit holder’s receipt of such notice. If 9 the suspension is based on an arrest or a proceeding that does 10 not result in a disqualifying conviction or finding against 11 the permit holder, the issuing officer shall immediately 12 reinstate the permit upon receipt of proof of the matter’s 13 final disposition. If the arrest leads to a disqualifying 14 conviction or the proceedings to a disqualifying finding, the 15 issuing officer shall revoke the permit. The issuing officer 16 may also revoke the permit of a person whom the issuing officer 17 later finds was not qualified for such a permit at the time of 18 issuance or who the officer finds provided materially false 19 information on the permit application. A person aggrieved by a 20 suspension or revocation under this subsection may seek review 21 of the decision pursuant to section 724.21A. 22 Sec. 12. Section 724.16, Code 2015, is amended by striking 23 the section and inserting in lieu thereof the following: 24 724.16 Prohibited transfers of firearms. 25 1. A person shall not transfer a firearm to another person 26 if the person knows or reasonably should know that the other 27 person is prohibited from receiving or possessing a firearm 28 under section 724.26 or federal law. 29 2. A person shall not loan or rent a firearm to another 30 person for temporary use during lawful activities if the person 31 knows or reasonably should know that the person is prohibited 32 from receiving or possessing a firearm under section 724.26 or 33 federal law. 34 3. A person who transfers, loans, or rents a firearm in 35 -9- LSB 1099YC (3) 86 jm/rj 9/ 27

H.F. _____ violation of this section commits a class “D” felony. 1 Sec. 13. Section 724.17, Code 2015, is amended to read as 2 follows: 3 724.17 Application for annual permit to acquire firearms —— 4 criminal history check required. 5 1. The application for an annual a permit to acquire pistols 6 or revolvers firearms may be made to the sheriff of the county 7 of the applicant’s residence and shall be on a form prescribed 8 and published by the commissioner of public safety. 9 a. The If an applicant is a United States citizen, the 10 application shall require only the full name of the applicant, 11 the driver’s license or nonoperator’s identification card 12 number of the applicant, the residence of the applicant, and 13 the date and place of birth of the applicant. 14 b. If the applicant is not a United States citizen, the 15 application shall, in addition to the information specified in 16 paragraph “a” , require the applicant’s country of citizenship, 17 any alien or admission number issued by the United States 18 immigration and customs enforcement or any successor agency, 19 and, if applicable, the basis for any exception claimed 20 pursuant to 18 U.S.C. §922(y). 21 c. The applicant shall also display an identification card 22 that bears a distinguishing number assigned to the cardholder, 23 the full name, date of birth, sex, residence address, and brief 24 description and colored photograph of the cardholder, or other 25 identification as specified by rule of the department of public 26 safety. 27 2. The sheriff shall conduct a criminal history check 28 concerning each applicant by obtaining criminal history data 29 from the department of public safety which shall include an 30 inquiry of the national instant criminal background check 31 system maintained by the federal bureau of investigation or 32 any successor agency and an immigration alien query through 33 a database maintained by the United States immigration and 34 customs enforcement or any successor agency if the applicant 35 -10- LSB 1099YC (3) 86 jm/rj 10/ 27

H.F. _____ is not a United States citizen . 1 3. A person who makes what the person knows to be a false 2 statement of material fact on an application submitted under 3 this section or who submits what the person knows to be any 4 materially falsified or forged documentation in connection with 5 such an application commits a class “D” felony. 6 Sec. 14. Section 724.18, Code 2015, is amended by striking 7 the section and inserting in lieu thereof the following: 8 724.18 Procedure for making application for permit to acquire 9 firearms. 10 1. A person may personally request the sheriff to mail an 11 application for a permit to acquire firearms, and the sheriff 12 shall immediately forward such application to the person. The 13 person shall personally deliver such a completed application 14 to the sheriff who, upon successful completion of the criminal 15 history check and immigration alien query, if applicable, 16 required pursuant to section 724.17, shall note the period of 17 validity on the application and immediately issue the permit 18 to the applicant. 19 2. For the purposes of this section, the date of application 20 shall be the date on which the sheriff received the completed 21 application. 22 Sec. 15. Section 724.19, Code 2015, is amended to read as 23 follows: 24 724.19 Issuance of annual permit to acquire firearms . 25 The annual permit to acquire pistols or revolvers firearms 26 shall be issued to the applicant immediately upon completion 27 of the application unless the applicant is disqualified under 28 the provisions of section 724.15 and . The permit shall be on a 29 form have a uniform appearance, size, and content prescribed 30 and published by the commissioner of public safety. The permit 31 shall contain the name of the permittee , the residence of the 32 permittee, and the effective date of the permit , but shall 33 not contain the permittee’s social security number . Such a 34 permit shall not be issued for a particular weapon and shall 35 -11- LSB 1099YC (3) 86 jm/rj 11/ 27

H.F. _____ not contain information about a particular weapon including the 1 make, model, or serial number of the weapon, or any ammunition 2 used in that weapon. 3 Sec. 16. Section 724.20, Code 2015, is amended to read as 4 follows: 5 724.20 Validity of annual permit to acquire pistols or 6 revolvers firearms . 7 The permit shall be valid throughout the state and shall 8 be valid three days after the date of application and shall 9 be invalid one year five years after the date of application 10 issuance . 11 Sec. 17. Section 724.21, Code 2015, is amended to read as 12 follows: 13 724.21 Giving false information when acquiring weapon 14 firearms . 15 A person who gives a false name or presents false 16 identification, or otherwise knowingly gives false material 17 information to one from whom the person seeks to acquire a 18 pistol or revolver firearm , commits a class “D” felony. 19 Sec. 18. Section 724.21A, subsections 1 and 7, Code 2015, 20 are amended to read as follows: 21 1. In any case where the sheriff or the commissioner of 22 public safety denies an application for or suspends or revokes 23 a permit to carry weapons or an annual a permit to acquire 24 pistols or revolvers firearms , the sheriff or commissioner 25 shall provide a written statement of the reasons for the 26 denial, suspension, or revocation and the applicant or permit 27 holder shall have the right to appeal the denial, suspension, 28 or revocation to an administrative law judge in the department 29 of inspections and appeals within thirty days of receiving 30 written notice of the denial, suspension, or revocation. 31 7. In any case where the issuing officer denies an 32 application for, or suspends or revokes a permit to carry 33 weapons or an annual a permit to acquire pistols or revolvers 34 firearms solely because of an adverse determination by 35 -12- LSB 1099YC (3) 86 jm/rj 12/ 27

H.F. _____ the national instant criminal background check system, the 1 applicant or permit holder shall not seek relief under this 2 section but may pursue relief of the national instant criminal 3 background check system determination pursuant to Pub. L. No. 4 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, 5 or other applicable law. The outcome of such proceedings shall 6 be binding on the issuing officer. 7 Sec. 19. Section 724.21A, Code 2015, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 8. If an applicant appeals the decision by 10 the sheriff or commissioner to deny an application, or suspend 11 or revoke a permit to carry weapons or a permit to acquire 12 firearms, and it is later determined the applicant is eligible 13 to be issued or possess such a permit, the applicant shall 14 be awarded court costs and reasonable attorney fees. If the 15 decision of the sheriff or commission to deny the application, 16 or suspend or revoke the permit is upheld on appeal, the 17 political subdivision of the state representing the sheriff or 18 the commissioner shall be awarded court costs and reasonable 19 attorney fees. 20 Sec. 20. Section 724.22, subsection 5, Code 2015, is amended 21 to read as follows: 22 5. A parent or guardian or spouse who is twenty-one years of 23 age or older, of a person fourteen years of age but less than 24 below the age of twenty-one may allow the person to possess a 25 pistol or revolver or the ammunition therefor for any lawful 26 purpose while under the direct supervision of the parent or 27 guardian or spouse who is twenty-one years of age or older, or 28 while the person receives instruction in the proper use thereof 29 from an instructor twenty-one years of age or older, with the 30 consent of such parent, guardian or spouse. 31 Sec. 21. Section 724.23, Code 2015, is amended to read as 32 follows: 33 724.23 Records kept by commissioner and issuing officers . 34 1. a. The commissioner of public safety shall maintain a 35 -13- LSB 1099YC (3) 86 jm/rj 13/ 27

H.F. _____ permanent record of all valid permits to carry weapons and of 1 current permit revocations. 2 b. The permanent record shall be kept in a searchable 3 database that is accessible on a statewide basis for the 4 circumstances described in subsection 2, paragraph “b” or “c” . 5 2. a. Notwithstanding any other law or rule to the 6 contrary, the commissioner of public safety and any issuing 7 officer shall keep confidential personally identifiable 8 information of holders of nonprofessional permits to carry 9 weapons and permits to acquire firearms, including but not 10 limited to the name, social security number, date of birth, 11 residential or business address, and driver’s license or other 12 identification number of the applicant or permit holder. 13 b. This subsection shall not prohibit the release of 14 statistical information relating to the issuance, denial, 15 revocation, or administration of nonprofessional permits to 16 carry weapons and permits to acquire firearms, provided that 17 the release of such information does not reveal the identity of 18 any individual permit holder. 19 c. This subsection shall not prohibit the release of 20 information to any law enforcement agency or any employee or 21 agent thereof when necessary for the purpose of investigating 22 a possible violation of law and probable cause exists, or for 23 conducting a lawfully authorized background investigation. 24 d. Except as provided in paragraphs “b” and “c” , the 25 release of any confidential information under this section 26 shall require a court order or the consent of the person whose 27 personally identifiable information is the subject of the 28 information request. 29 Sec. 22. Section 724.27, subsection 1, unnumbered paragraph 30 1, Code 2015, is amended to read as follows: 31 The provisions of section 724.8 , section 724.15, subsection 32 1 2 , and section 724.26 shall not apply to a person who is 33 eligible to have the person’s civil rights regarding firearms 34 restored under section 914.7 if any of the following occur: 35 -14- LSB 1099YC (3) 86 jm/rj 14/ 27

H.F. _____ Sec. 23. NEW SECTION . 724.29A Fraudulent purchase of 1 firearms or ammunition. 2 1. For purposes of this section: 3 a. “Ammunition” means any cartridge, shell, or projectile 4 designed for use in a firearm. 5 b. “Licensed firearms dealer” means a person who is licensed 6 pursuant to 18 U.S.C. §923 to engage in the business of dealing 7 in firearms. 8 c. “Materially false information” means information that 9 portrays an illegal transaction as legal or a legal transaction 10 as illegal. 11 d. “Private seller” means a person who sells or offers for 12 sale any firearm or ammunition. 13 2. A person who knowingly solicits, persuades, encourages, 14 or entices a licensed firearms dealer or private seller of 15 firearms or ammunition to transfer a firearm or ammunition 16 under circumstances that the person knows would violate the 17 laws of this state or of the United States commits a class “D” 18 felony. 19 3. A person who knowingly provides materially false 20 information to a licensed firearms dealer or private seller of 21 firearms or ammunition with the intent to deceive the firearms 22 dealer or seller about the legality of a transfer of a firearm 23 or ammunition commits a class “D” felony. 24 4. Any person who willfully procures another to engage in 25 conduct prohibited by this section shall be held accountable 26 as a principal. 27 5. This section does not apply to a law enforcement officer 28 acting in the officer’s official capacity or to a person acting 29 at the direction of such law enforcement officer. 30 Sec. 24. NEW SECTION . 724.32 Rules. 31 The department of public safety shall adopt rules pursuant 32 to chapter 17A to administer this chapter. 33 Sec. 25. EFFECTIVE UPON ENACTMENT. The following 34 provision or provisions of this Act, being deemed of immediate 35 -15- LSB 1099YC (3) 86 jm/rj 15/ 27

H.F. _____ importance, take effect upon enactment: 1 1. The section of this Act amending section 724.1, 2 subsection 1, paragraph “h”. 3 2. The section of this Act enacting new section 724.1A. 4 3. The section of this Act amending section 724.22. 5 4. The section of this Act amending section 724.23, 6 subsection 2. 7 5. The section of this Act amending section 724.29A. 8 6. The applicability section of this Act. 9 Sec. 26. APPLICABILITY. The section of this Act amending 10 section 724.23 applies to holders of nonprofessional permits to 11 carry weapons and permits to acquire firearms and to applicants 12 for nonprofessional permits to carry weapons and permits to 13 acquire firearms on or after the effective date of that section 14 of this Act. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the manufacture, acquisition, sale, and 19 use of firearms and suppressors. 20 FIREARM SUPPRESSORS. Current Iowa law provides that a 21 mechanical device specifically constructed and designed so that 22 when attached to a firearm it silences, muffles, or suppresses 23 the sound when fired is an offensive weapon. Under Code 24 section 724.3, any person who knowingly possesses an offensive 25 weapon commits a class “D” felony, punishable by confinement 26 for no more than five years and a fine of at least $750 but not 27 more than $7,500. 28 The bill strikes a provision in Code section 724.1(1)(h) 29 that classifies a firearm suppressor as an offensive weapon. 30 By striking this provision, a firearm suppressor is legal 31 to possess in the state. This provision takes effect upon 32 enactment. 33 The bill also creates in new Code section 724.1A, a process 34 whereby a person may apply to the chief law enforcement officer 35 -16- LSB 1099YC (3) 86 jm/rj 16/ 27

H.F. _____ of the jurisdiction where the person resides or maintains an 1 address of record for a certification to make or transfer a 2 firearm suppressor. The bill defines “firearm suppressor” to 3 mean a mechanical device specifically constructed and designed 4 so that when attached to a firearm silences, muffles, or 5 suppresses the sound when fired that is considered a “firearm 6 silencer” or “firearm muffler” as defined in 18 U.S.C. §921. 7 The bill specifies that a chief law enforcement officer 8 shall not refuse to provide certification, based on a 9 generalized objection, to an applicant making or transferring 10 a firearm suppressor. If a person applies for certification 11 to make or transfer a firearm suppressor with the chief 12 law enforcement officer, the bill requires the chief law 13 enforcement officer to issue the certification within 30 14 days of receiving such an application unless the applicant 15 is prohibited by law from making or transferring a firearm 16 suppressor or the applicant is the subject of a proceeding that 17 could result in the applicant being prohibited by law from 18 making or transferring a firearm suppressor. If the chief 19 law enforcement officer does not issue a certification under 20 the bill, the chief law enforcement officer shall provide the 21 applicant a written notification of the denial and the reason 22 for the denial. If the certification has been approved by the 23 chief law enforcement officer under the bill, the applicant 24 has the authority to make or transfer a firearm suppressor as 25 provided by state and federal law. 26 If the applicant’s request for certification is denied, 27 the bill specifies that the applicant may appeal the decision 28 to the district court for the county in which the applicant 29 resides or maintains an address of record. The bill specifies 30 that the court shall review the decision of the chief law 31 enforcement officer to deny the certification de novo. If the 32 court finds that the applicant is not prohibited by law from 33 making or transferring a firearm suppressor, the bill requires 34 the court to order the chief law enforcement officer to issue 35 -17- LSB 1099YC (3) 86 jm/rj 17/ 27

H.F. _____ the certification and award court costs and reasonable attorney 1 fees to the applicant. If the court determines the applicant 2 is not eligible to be issued a certification, the bill requires 3 the court to award court costs and reasonable attorney fees to 4 the political subdivision of the state representing the chief 5 law enforcement officer. 6 In making a determination about whether to issue a 7 certification under the bill, a chief law enforcement officer 8 may conduct a criminal background check, but shall only require 9 the applicant to provide as much information as is necessary 10 to identify the applicant for this purpose or to determine 11 the disposition of an arrest or proceeding relevant to the 12 eligibility of the applicant to lawfully make or transfer a 13 firearm suppressor. The bill prohibits a chief law enforcement 14 officer from requiring access to any private premises as a 15 condition of providing a certification under this Code section. 16 A chief law enforcement officer and employees of the chief 17 law enforcement officer who act in good faith are immune 18 from liability arising from any act or omission in making a 19 certification under the bill. 20 The provisions relating to making or transferring a firearm 21 suppressor take effect upon enactment. 22 CARRYING WEAPONS. The bill provides that a person does not 23 commit the criminal offense of unlawfully carrying weapons 24 under Code section 724.4 if a peace officer is able to verify, 25 through electronic means, that the person possesses a valid 26 permit to carry weapons, and the conduct is within the limits 27 of the permit. A person who commits the offense of unlawfully 28 carrying weapons commits an aggravated misdemeanor. 29 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides that 30 any person who possesses a professional permit to carry weapons 31 does not commit the criminal violation of unlawfully carrying 32 weapons on school grounds under Code section 724.4B. The 33 amendment to Code section 724.4B permits the public and private 34 professionals listed in Code section 724.6 to carry weapons on 35 -18- LSB 1099YC (3) 86 jm/rj 18/ 27