House Amendment 8589
PAG LIN
1 1 Amend House File 2531 as follows:
1 2 #1. Page 42, after line 29 by inserting:
1 3 <DIVISION ___
1 4 WEAPONS
1 5 Sec. ___. Section 724.7, Code 2009, is amended to
1 6 read as follows:
1 7 724.7 Nonprofessional permit to carry weapons.
1 8 Any person who can reasonably justify going armed
1 9 may is not disqualified under section 724.8, who
1 10 satisfies the training requirements of section 724.9,
1 11 and who files an application in accordance with
1 12 section 724.10 shall be issued a nonprofessional permit
1 13 to carry weapons. Such permits shall be on a form
1 14 prescribed and published by the commissioner of public
1 15 safety, which shall be readily distinguishable from
1 16 the professional permit, and shall identify the holder
1 17 thereof, and state the reason for the issuance of the
1 18 permit, and the limits of the authority granted by such
1 19 permit of the permit. All permits so issued shall be
1 20 for a definite period as established by the issuing
1 21 officer, but in no event shall exceed a period of
1 22 twelve months five years and shall be valid throughout
1 23 the state except where the possession or carrying of a
1 24 firearm is prohibited by state or federal law.
1 25 Sec. ___. Section 724.8, Code 2009, is amended by
1 26 striking the section and inserting in lieu thereof the
1 27 following:
1 28 724.8 Persons eligible for permit to carry weapons.
1 29 No professional or nonprofessional permit to carry
1 30 weapons shall be issued to a person who is prohibited
1 31 by federal law from shipping, transporting, possessing,
1 32 or receiving a firearm.
1 33 Sec. ___. Section 724.9, Code 2009, is amended by
1 34 striking the section and inserting in lieu thereof the
1 35 following:
1 36 724.9 Firearm training program.
1 37 1. An applicant shall demonstrate knowledge of
1 38 firearm safety by any of the following means:
1 39 a. Completion of any national rifle association
1 40 firearms safety or firearms training course.
1 41 b. Completion of any firearms safety or firearms
1 42 training course available to the general public
1 43 offered by a law enforcement agency, community
1 44 college, college, private or public institution or
1 45 organization, or firearms training school utilizing
1 46 instructors certified by the national rifle association
1 47 or the department of public safety or another state's
1 48 department of public safety, state police department,
1 49 or similar certifying body.
1 50 c. Completion of any law enforcement firearms
2 1 safety or firearms training course or class offered
2 2 for security guards, investigators, special deputies,
2 3 or any division or subdivision of a law enforcement or
2 4 security enforcement agency.
2 5 d. Completion of small arms training while serving
2 6 with the armed forces of the United States as evidenced
2 7 by any of the following:
2 8 (1) For personnel released or retired from active
2 9 duty, possession of an honorable discharge or general
2 10 discharge under honorable conditions.
2 11 (2) For personnel on active duty or serving in
2 12 one of the national guard or reserve components of
2 13 the armed forces of the United States, possession of
2 14 a certificate of completion of basic training with a
2 15 service record of successful completion of small arms
2 16 training and qualification.
2 17 e. Previously having held a license to carry a
2 18 firearm in this state, any political subdivision of
2 19 this state, or in a state recognized under section
2 20 724.11A, unless such license was revoked for cause.
2 21 f. Completion of a law enforcement agency firearms
2 22 training course that qualifies a peace officer to carry
2 23 a firearm in the normal course of the peace officer's
2 24 duties.
2 25 2. Evidence of qualification under this section may
2 26 be documented by any of the following:
2 27 a. A photocopy of a certificate of completion or
2 28 any similar document indicating completion of any
2 29 course or class identified in subsection 1.
2 30 b. An affidavit from the instructor, school,
2 31 organization, or group that conducted or taught a
2 32 course or class identified in subsection 1 attesting to
2 33 the completion of the course or class by the applicant.
2 34 c. A copy of any document indicating participation
2 35 in any firearms shooting competition.
2 36 d. A copy of a license described in subsection 1,
2 37 paragraph "f".
2 38 3. An issuing officer shall not condition the
2 39 issuance of a permit on training requirements that are
2 40 not specified in or that exceed the requirements of
2 41 this section.
2 42 Sec. ___. Section 724.10, Code 2009, is amended to
2 43 read as follows:
2 44 724.10 Application for permit to carry weapons ==
2 45 criminal history background check required.
2 46 1. A person shall not be issued a permit to carry
2 47 weapons unless the person has completed and signed an
2 48 application on a form to be prescribed and published
2 49 by the commissioner of public safety. The application
2 50 shall state require only the full name, driver's
3 1 license or nonoperator's identification card number,
3 2 residence, place of birth, and age of the applicant,
3 3 and shall state whether the applicant has ever been
3 4 convicted of a felony, whether the person is addicted
3 5 to the use of alcohol or any controlled substance, and
3 6 whether the person has any history of mental illness or
3 7 repeated acts of violence meets the criteria specified
3 8 in sections 724.8 and 724.9. An applicant may provide
3 9 the applicant's social security number if the applicant
3 10 so chooses. The applicant shall also display an
3 11 identification card that bears a distinguishing number
3 12 assigned to the cardholder, the full name, date of
3 13 birth, sex, residence address, and a brief description
3 14 and colored photograph of the cardholder.
3 15 2. The sheriff issuing officer, upon receipt
3 16 of an initial or renewal application under this
3 17 section, shall conduct immediately conduct a criminal
3 18 history background check concerning each applicant by
3 19 obtaining criminal history data from the department of
3 20 public safety which shall include an inquiry of the
3 21 national instant criminal background system maintained
3 22 by the federal bureau of investigation or any successor
3 23 agency.
3 24 3. A person who knowingly makes a false statement
3 25 of material fact on the an application submitted under
3 26 this section or who knowingly submits any materially
3 27 falsified or forged document in connection with such
3 28 application commits a class "D" felony an aggravated
3 29 misdemeanor.
3 30 Sec. ___. Section 724.11, Code 2009, is amended to
3 31 read as follows:
3 32 724.11 Issuance of permit to carry weapons.
3 33 1. Applications for permits to carry weapons shall
3 34 be made to the sheriff of the county in which the
3 35 applicant resides. Applications from persons who are
3 36 nonresidents of the state, or whose need to go armed
3 37 arises out of employment by the state, shall be made
3 38 to the commissioner of public safety. In either case,
3 39 the issuance of the permit shall be by and at the
3 40 discretion of the sheriff or commissioner, who shall,
3 41 before issuing the permit, shall determine that the
3 42 requirements of sections 724.6 to 724.10 have been
3 43 satisfied. However, the training program requirements
3 44 in section 724.9 may shall be waived for renewal
3 45 permits.
3 46 2. The issuing officer shall collect a fee of
3 47 ten fifty dollars, except from a duly appointed peace
3 48 officer or correctional officer, for each permit
3 49 issued. Renewal permits or duplicate permits shall be
3 50 issued for a fee of five twenty=five dollars, provided
4 1 the application for such renewal permit is received
4 2 by the issuing officer at least thirty days prior to
4 3 the expiration of the applicant's current permit.
4 4 The issuing officer shall notify the commissioner of
4 5 public safety of the issuance of any permit at least
4 6 monthly and forward to the commissioner an amount
4 7 equal to two dollars for each permit issued and one
4 8 dollar for each renewal or duplicate permit issued.
4 9 All such fees received by the commissioner shall be
4 10 paid to the treasurer of state and deposited in the
4 11 operating account of the department of public safety
4 12 to offset the cost of administering this chapter.
4 13 Any Notwithstanding section 8.33, any unspent balance
4 14 as of June 30 of each year shall revert to the general
4 15 fund as provided by section 8.33 of the state.
4 16 3. The sheriff or commissioner of public safety
4 17 shall approve or deny an initial or renewal application
4 18 submitted under this section within thirty days of
4 19 receipt of the application. If the issuing officer
4 20 has not received a response to an information request
4 21 necessary to determine the applicant's eligibility at
4 22 the end of the thirty=day period and the applicant is
4 23 not otherwise disqualified, the issuing officer shall
4 24 issue a conditional permit to the applicant. The
4 25 conditional permit shall be readily distinguishable
4 26 in appearance from a five=year permit and shall be
4 27 immediately revoked if the information subsequently
4 28 received indicates the applicant is ineligible for a
4 29 permit and the application is denied. A person whose
4 30 application for a permit under this chapter is denied
4 31 may seek review of the denial under section 724.21A.
4 32 Sec. ___. NEW SECTION. 724.11A Reciprocity.
4 33 1. The commissioner of public safety shall compare
4 34 the provisions of sections 724.7 and 724.8 with similar
4 35 statutes of other states to determine whether such
4 36 state's laws are similar to or exceed the requirements
4 37 of sections 724.7 and 724.8. The commissioner shall
4 38 seek a reciprocity agreement with each state whose laws
4 39 are similar to or exceed the requirements of sections
4 40 724.7 and 724.8.
4 41 2. A valid nonprofessional permit or license to
4 42 carry weapons recognized in this state pursuant to
4 43 subsection 1 shall have the same legal effect as a
4 44 nonprofessional permit to carry weapons issued under
4 45 this chapter, except that such permit shall not be
4 46 considered to be a substitute for an annual permit to
4 47 acquire weapons issued pursuant to section 724.15.
4 48 Sec. ___. Section 724.17, Code 2009, is amended to
4 49 read as follows:
4 50 724.17 Application for annual permit to acquire ==
5 1 criminal history check required.
5 2 The application for an annual permit to acquire
5 3 pistols or revolvers may be made to the sheriff of the
5 4 county of the applicant's residence and shall be on a
5 5 form prescribed and published by the commissioner of
5 6 public safety. The application shall state require
5 7 only the full name of the applicant, the driver's
5 8 license or nonoperator's identification card number of
5 9 the applicant, the residence of the applicant, and the
5 10 age and place of birth of the applicant. The applicant
5 11 shall also display an identification card that bears
5 12 a distinguishing number assigned to the cardholder,
5 13 the full name, date of birth, sex, residence address,
5 14 and brief description and colored photograph of the
5 15 cardholder, or other identification as specified by
5 16 rule of the department of public safety. The sheriff
5 17 shall conduct a criminal history check concerning
5 18 each applicant by obtaining criminal history data
5 19 from the department of public safety which shall
5 20 include an inquiry of the national instant criminal
5 21 background system maintained by the federal bureau of
5 22 investigation or any successor agency. A person who
5 23 knowingly makes a false statement of material fact on
5 24 the application commits a class "D" felony. A person
5 25 who knowingly makes a false statement of material fact
5 26 on an application submitted under this section or who
5 27 knowingly submits any materially falsified or forged
5 28 document in connection with such application commits
5 29 an aggravated misdemeanor.
5 30 Sec. ___. NEW SECTION. 724.21A Hearing on denial
5 31 or revocation of permit to carry weapons and permits to
5 32 acquire pistols or revolvers.
5 33 1. In any case where the sheriff or the
5 34 commissioner of public safety denies an application
5 35 for or revokes a permit to carry weapons or an annual
5 36 permit to acquire pistols or revolvers, the applicant
5 37 or permit holder shall have the right to appeal the
5 38 denial or revocation of the permit to an administrative
5 39 law judge in the department of inspections and appeals
5 40 within thirty days of receiving written notice of the
5 41 denial or revocation.
5 42 2. The applicant or permit holder may file an
5 43 appeal with an administrative law judge by filing a
5 44 copy of the denial or revocation notice with a written
5 45 statement that clearly states the applicant's reasons
5 46 rebutting the denial or revocation along with a fee
5 47 of ten dollars. Additional supporting information
5 48 relevant to the proceedings may also be included.
5 49 3. The administrative law judge shall grant an
5 50 aggrieved applicant an opportunity to be heard within
6 1 forty=five days of receipt of the request for an
6 2 appeal. The hearing may be held by telephone or video
6 3 conference at the discretion of the administrative law
6 4 judge. The administrative law judge shall receive
6 5 witness testimony and other evidence relevant to the
6 6 proceedings at the hearing.
6 7 4. Upon conclusion of the hearing, the
6 8 administrative law judge shall order that the denial
6 9 or revocation of the permit be either rescinded or
6 10 sustained. An applicant, permit holder, or issuing
6 11 officer aggrieved by the final judgment of the
6 12 administrative law judge shall have the right to
6 13 judicial review in accordance with the terms of the
6 14 Iowa administrative procedure Act, chapter 17A.
6 15 Sec. ___. Section 724.25, subsection 1, Code 2009,
6 16 is amended to read as follows:
6 17 1. As used in sections 724.8, subsection 2,
6 18 and section 724.26, the word "felony" means any offense
6 19 punishable in the jurisdiction where it occurred
6 20 by imprisonment for a term exceeding one year, but
6 21 does not include any offense, other than an offense
6 22 involving a firearm or explosive, classified as a
6 23 misdemeanor under the laws of the state and punishable
6 24 by a term of imprisonment of two years or less.
6 25 Sec. ___. Section 724.27, Code 2009, is amended to
6 26 read as follows:
6 27 724.27 Offenders' rights restored.
6 28 1. The provisions of section 724.8, subsection
6 29 2, section 724.15, subsection 1, paragraphs "b" and
6 30 "e", and section 724.26 shall not apply to a person who
6 31 is eligible to have the person's civil rights regarding
6 32 firearms restored under section 914.7 and who is
6 33 pardoned or has had the person's civil rights restored
6 34 by the President of the United States or the chief
6 35 executive of a state and who is expressly authorized
6 36 by the President of the United States or such chief
6 37 executive to receive, transport, or possess firearms or
6 38 destructive devices. if any of the following occur:
6 39 a. The person is pardoned by the President of the
6 40 United States or the chief executive of a state for a
6 41 disqualifying conviction.
6 42 b. The person's civil rights have been restored
6 43 after a disqualifying conviction, commitment, or
6 44 adjudication.
6 45 c. The person's conviction for a disqualifying
6 46 offense has been expunged.
6 47 2. Subsection 1 shall not apply to a person whose
6 48 pardon, restoration of civil rights, or expungement of
6 49 conviction expressly forbids the person to receive,
6 50 transport, or possess firearms or destructive devices.>
7 1 #2. By renumbering as necessary.
PAULSEN of Linn
HF2531.2721 (2) 83
rh/rj
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