House Amendment 8609
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 to
1 26 read as follows:
1 27 724.8 Persons eligible for permit to carry weapons.
1 28 No person shall be issued a professional or
1 29 nonprofessional permit to carry weapons unless shall
1 30 be issued to a person who meets any of the following
1 31 conditions:
1 32 1. The person is Is less than eighteen years of age
1 33 or older.
1 34 2. The person has never been convicted of a felony.
1 35 3. The person is not addicted to the use of alcohol
1 36 or any controlled substance.
1 37 4. The person has no history of repeated acts of
1 38 violence.
1 39 5. The issuing officer reasonably determines that
1 40 the applicant does not constitute a danger to any
1 41 person.
1 42 2. Is subject to the provisions of section 724.26.
1 43 6. 3. The person has never Has, within the
1 44 previous three years, been convicted of any
1 45 crime serious or aggravated misdemeanor defined in
1 46 chapter 708, except "assault" as defined in section
1 47 708.1 and "harassment" as defined in section 708.7 not
1 48 involving the use of a firearm or explosive.
1 49 4. Is prohibited by federal law from shipping,
1 50 possessing, or receiving a firearm.
2 1 5. Is a fugitive from justice as defined in 18
2 2 U.S.C. { 921(a)(15), pursuant to 18 U.S.C. { 922(d)(2)
2 3 or 18 U.S.C. { 922(g)(2).
2 4 6. Is an unlawful user of or addicted to any
2 5 controlled substance pursuant to 18 U.S.C. { 922(d)(3)
2 6 or 18 U.S.C. { 922(g)(3).
2 7 7. Has been adjudicated seriously mentally impaired
2 8 or been committed to a mental institution for purposes
2 9 of 18 U.S.C. { 922(d)(4) or 18 U.S.C. { 922(g)(4).
2 10 8. Is an alien illegally or unlawfully in the
2 11 United States or admitted to the United States under
2 12 a nonimmigrant visa, as those terms are used in 18
2 13 U.S.C. { 922(d)(5), 18 U.S.C. { 922(g)(5), or 18 U.S.C.
2 14 { 922(y).
2 15 9. Has been discharged from the armed forces
2 16 under dishonorable conditions pursuant to 18 U.S.C. {
2 17 922(d)(6) or 18 U.S.C. { 922(g)(6).
2 18 10. Has renounced the person's United States
2 19 citizenship pursuant to 18 U.S.C. { 922(d)(7) or 18
2 20 U.S.C. { 922(g)(7).
2 21 11. Is subject to a court order that restrains such
2 22 person from harassing, stalking, or threatening an
2 23 intimate partner or any child of the intimate partner,
2 24 as defined in 18 U.S.C. { 921(a)(32), pursuant to 18
2 25 U.S.C. { 922(d)(8) or 18 U.S.C. { 922(g)(8).
2 26 12. Has been convicted of a misdemeanor crime of
2 27 domestic violence as defined in 18 U.S.C. { 921(a)(33),
2 28 pursuant to 18 U.S.C. { 922(d)(9) or 18 U.S.C. {
2 29 922(g)(9).
2 30 13. Is under indictment for a crime punishable by
2 31 imprisonment for a term exceeding one year as defined
2 32 in 18 U.S.C. { 921(a)(20), pursuant to 18 U.S.C. {
2 33 922(n).
2 34 Sec. ___. Section 724.9, Code 2009, is amended by
2 35 striking the section and inserting in lieu thereof the
2 36 following:
2 37 724.9 Firearm training program.
2 38 1. An applicant shall demonstrate knowledge of
2 39 firearm safety by any of the following means:
2 40 a. Completion of any national rifle association
2 41 firearms safety or firearms training course.
2 42 b. Completion of any firearms safety or firearms
2 43 training course available to the general public
2 44 offered by a law enforcement agency, community
2 45 college, college, private or public institution or
2 46 organization, or firearms training school utilizing
2 47 instructors certified by the national rifle association
2 48 or the department of public safety or another state's
2 49 department of public safety, state police department,
2 50 or similar certifying body.
3 1 c. Completion of any law enforcement firearms
3 2 safety or firearms training course or class offered
3 3 for security guards, investigators, special deputies,
3 4 or any division or subdivision of a law enforcement or
3 5 security enforcement agency.
3 6 d. Evidence of equivalent experience with a firearm
3 7 through participation in any organized shooting
3 8 competition.
3 9 e. Completion of small arms training while serving
3 10 with the armed forces of the United States as evidenced
3 11 by any of the following:
3 12 (1) For personnel released or retired from active
3 13 duty, possession of an honorable discharge or general
3 14 discharge under honorable conditions.
3 15 (2) For personnel on active duty or serving in
3 16 one of the national guard or reserve components of
3 17 the armed forces of the United States, possession of
3 18 a certificate of completion of basic training with a
3 19 service record of successful completion of small arms
3 20 training and qualification.
3 21 f. Previously having held a license to carry a
3 22 firearm in this state, any political subdivision of
3 23 this state, or in a state recognized under section
3 24 724.11A, unless such license was revoked for cause.
3 25 g. Completion of a law enforcement agency firearms
3 26 training course that qualifies a peace officer to carry
3 27 a firearm in the normal course of the peace officer's
3 28 duties.
3 29 2. Evidence of qualification under this section may
3 30 be documented by any of the following:
3 31 a. A photocopy of a certificate of completion or
3 32 any similar document indicating completion of any
3 33 course or class identified in subsection 1.
3 34 b. An affidavit from the instructor, school,
3 35 organization, or group that conducted or taught a
3 36 course or class identified in subsection 1 attesting to
3 37 the completion of the course or class by the applicant.
3 38 c. A copy of any document indicating participation
3 39 in any firearms shooting competition.
3 40 d. A copy of a license described in subsection 1,
3 41 paragraph "f".
3 42 3. An issuing officer shall not condition the
3 43 issuance of a permit on training requirements that are
3 44 not specified in or that exceed the requirements of
3 45 this section.
3 46 Sec. ___. Section 724.10, Code 2009, is amended to
3 47 read as follows:
3 48 724.10 Application for permit to carry weapons ==
3 49 criminal history background check required.
3 50 1. A person shall not be issued a permit to carry
4 1 weapons unless the person has completed and signed an
4 2 application on a form to be prescribed and published
4 3 by the commissioner of public safety. The application
4 4 shall state require only the full name, driver's
4 5 license or nonoperator's identification card number,
4 6 residence, place of birth, and age of the applicant,
4 7 and shall state whether the applicant has ever been
4 8 convicted of a felony, whether the person is addicted
4 9 to the use of alcohol or any controlled substance, and
4 10 whether the person has any history of mental illness or
4 11 repeated acts of violence meets the criteria specified
4 12 in sections 724.8 and 724.9. An applicant may provide
4 13 the applicant's social security number if the applicant
4 14 so chooses. The applicant shall also display an
4 15 identification card that bears a distinguishing number
4 16 assigned to the cardholder, the full name, date of
4 17 birth, sex, residence address, and a brief description
4 18 and colored photograph of the cardholder.
4 19 2. The sheriff issuing officer, upon receipt
4 20 of an initial or renewal application under this
4 21 section, shall conduct immediately conduct a criminal
4 22 history background check concerning each applicant by
4 23 obtaining criminal history data from the department of
4 24 public safety which shall include an inquiry of the
4 25 national instant criminal background system maintained
4 26 by the federal bureau of investigation or any successor
4 27 agency.
4 28 3. A person who knowingly makes a false statement
4 29 of material fact on the an application submitted under
4 30 this section or who knowingly submits any materially
4 31 falsified or forged document in connection with such
4 32 application commits a class "D" felony an aggravated
4 33 misdemeanor.
4 34 Sec. ___. Section 724.11, Code 2009, is amended to
4 35 read as follows:
4 36 724.11 Issuance of permit to carry weapons.
4 37 1. Applications for permits to carry weapons shall
4 38 be made to the sheriff of the county in which the
4 39 applicant resides. Applications from persons who are
4 40 nonresidents of the state, or whose need to go armed
4 41 arises out of employment by the state, shall be made
4 42 to the commissioner of public safety. In either case,
4 43 the issuance of the permit shall be by and at the
4 44 discretion of the sheriff or commissioner, who shall,
4 45 before issuing the permit, shall determine that the
4 46 requirements of sections 724.6 to 724.10 have been
4 47 satisfied. However, the training program requirements
4 48 in section 724.9 may shall be waived for renewal
4 49 permits.
4 50 2. The issuing officer shall collect a fee of ten
5 1 dollars, except from a duly appointed peace officer
5 2 or correctional officer, for each permit issued.
5 3 Renewal permits or duplicate permits shall be issued
5 4 for a fee of five dollars, provided the application
5 5 for such renewal permit is received by the issuing
5 6 officer at least thirty days prior to the expiration of
5 7 the applicant's current permit. The issuing officer
5 8 shall notify the commissioner of public safety of the
5 9 issuance of any permit at least monthly and forward to
5 10 the commissioner an amount equal to two dollars for
5 11 each permit issued and one dollar for each renewal
5 12 or duplicate permit issued. All such fees received
5 13 by the commissioner shall be paid to the treasurer
5 14 of state and deposited in the operating account of
5 15 the department of public safety to offset the cost
5 16 of administering this chapter. Any Notwithstanding
5 17 section 8.33, any unspent balance as of June 30 of each
5 18 year shall revert to the general fund as provided by
5 19 section 8.33 of the state.
5 20 3. The sheriff or commissioner of public safety
5 21 shall approve or deny an initial or renewal application
5 22 submitted under this section within thirty days of
5 23 receipt of the application. If the issuing officer
5 24 has not received a response to an information request
5 25 necessary to determine the applicant's eligibility at
5 26 the end of the thirty=day period and the applicant is
5 27 not otherwise disqualified, the issuing officer shall
5 28 issue a conditional permit to the applicant. The
5 29 conditional permit shall be readily distinguishable
5 30 in appearance from a five=year permit and shall be
5 31 immediately revoked if the information subsequently
5 32 received indicates the applicant is ineligible for a
5 33 permit and the application is denied. A person whose
5 34 application for a permit under this chapter is denied
5 35 may seek review of the denial under section 724.21A.
5 36 Sec. ___. NEW SECTION. 724.11A Reciprocity.
5 37 1. The commissioner of public safety shall compare
5 38 the provisions of sections 724.7 and 724.8 with similar
5 39 statutes of other states to determine whether such
5 40 state's laws are similar to or exceed the requirements
5 41 of sections 724.7 and 724.8. The commissioner shall
5 42 seek a reciprocity agreement with each state whose laws
5 43 are similar to or exceed the requirements of sections
5 44 724.7 and 724.8.
5 45 2. A valid nonprofessional permit or license to
5 46 carry weapons recognized in this state pursuant to
5 47 subsection 1 shall have the same legal effect as a
5 48 nonprofessional permit to carry weapons issued under
5 49 this chapter, except that such permit shall not be
5 50 considered to be a substitute for an annual permit to
6 1 acquire weapons issued pursuant to section 724.15.
6 2 Sec. ___. Section 724.13, Code 2009, is amended by
6 3 striking the section and inserting in lieu thereof the
6 4 following:
6 5 724.13 Suspension or revocation of permit to carry
6 6 weapons.
6 7 An issuing officer who finds that a person issued
6 8 a permit to carry weapons under this chapter has
6 9 been arrested for a disqualifying offense or is the
6 10 subject of proceedings that could lead to the person's
6 11 ineligibility for such permit may immediately suspend
6 12 such permit. An issuing officer proceeding under this
6 13 section shall immediately notify the permit holder of
6 14 the suspension by personal service or certified mail on
6 15 a form prescribed and published by the commissioner of
6 16 public safety and the suspension shall become effective
6 17 upon the permit holder's receipt of such notice. If
6 18 the suspension is based on an arrest or a proceeding
6 19 that does not result in a disqualifying conviction or
6 20 finding against the permit holder, the issuing officer
6 21 shall immediately reinstate the permit upon receipt of
6 22 proof of the matter's final disposition. If the arrest
6 23 leads to a disqualifying conviction or the proceedings
6 24 to a disqualifying finding, the issuing officer shall
6 25 revoke the permit. The issuing officer may also
6 26 revoke the permit of a person whom the issuing officer
6 27 later finds was not qualified for such a permit at the
6 28 time of issuance or who the officer finds provided
6 29 materially false information on the permit application.
6 30 A person aggrieved by a suspension or revocation under
6 31 this section make seek review of the decision pursuant
6 32 to section 724.21A.
6 33 Sec. ___. Section 724.15, Code 2009, is amended to
6 34 read as follows:
6 35 724.15 Annual permit to acquire pistols or
6 36 revolvers.
6 37 1. Any person who acquires desires to
6 38 acquire ownership of any pistol or revolver shall
6 39 first obtain an annual permit. An annual permit shall
6 40 not be issued upon request to any person resident of
6 41 this state unless the person is subject to any of the
6 42 following:
6 43 a. The person is Is less than twenty=one years of
6 44 age or older.
6 45 b. The person has never been convicted of a felony.
6 46 c. The person is not addicted to the use of alcohol
6 47 or a controlled substance.
6 48 d. The person has no history of repeated acts of
6 49 violence.
6 50 e. The person has never been convicted of a crime
7 1 defined in chapter 708, except "assault" as defined in
7 2 section 708.1 and "harassment" as defined in section
7 3 708.7.
7 4 f. The person has never been adjudged mentally
7 5 incompetent.
7 6 b. Is subject to the provisions of section 724.26.
7 7 c. Is prohibited by federal law from shipping,
7 8 possessing, or receiving a firearm.
7 9 2. Any person who acquires ownership of a pistol
7 10 or revolver shall not be required to obtain an annual
7 11 permit if any of the following apply:
7 12 a. The person transferring the pistol or revolver
7 13 and the person acquiring the pistol or revolver are
7 14 licensed firearms dealers under federal law;.
7 15 b. The pistol or revolver acquired is an antique
7 16 firearm, a collector's item, a device which is not
7 17 designed or redesigned for use as a weapon, a device
7 18 which is designed solely for use as a signaling,
7 19 pyrotechnic, line=throwing, safety, or similar device,
7 20 or a firearm which is unserviceable by reason of being
7 21 unable to discharge a shot by means of an explosive
7 22 and is incapable of being readily restored to a firing
7 23 condition; or.
7 24 c. The person acquiring the pistol or revolver is
7 25 authorized to do so on behalf of a law enforcement
7 26 agency.
7 27 d. The person has obtained a valid permit to carry
7 28 weapons, as provided in section 724.11.
7 29 e. The person transferring the pistol or revolver
7 30 and the person acquiring the pistol or revolver
7 31 are related to one another within the second degree
7 32 of consanguinity or affinity unless the person
7 33 transferring the pistol or revolver knows that the
7 34 person acquiring the pistol or revolver would be
7 35 ineligible to obtain disqualified from obtaining a
7 36 permit.
7 37 3. The annual permit to acquire pistols or
7 38 revolvers shall authorize the permit holder to acquire
7 39 one or more pistols or revolvers during the period
7 40 that the permit remains valid. If the issuing officer
7 41 determines that the applicant has become disqualified
7 42 under the provisions of subsection 1, the issuing
7 43 officer may immediately invalidate the permit.
7 44 4. An issuing officer who finds that a person
7 45 issued a permit to acquire pistols or revolvers under
7 46 this chapter has been arrested for a disqualifying
7 47 offense or who is the subject of proceedings that could
7 48 lead to the person's ineligibility for such permit may
7 49 immediately suspend such permit. An issuing officer
7 50 proceeding under this subsection shall immediately
8 1 notify the permit holder of the suspension by personal
8 2 service or certified mail on a form prescribed and
8 3 published by the commissioner of public safety and
8 4 the suspension shall become effective upon the permit
8 5 holder's receipt of such notice. If the suspension
8 6 is based on an arrest or a proceeding that does not
8 7 result in a disqualifying conviction or finding against
8 8 the permit holder, the commissioner shall immediately
8 9 reinstate the permit upon receipt of proof of the
8 10 matter's final disposition. If the arrest leads to
8 11 a disqualifying conviction or the proceedings to a
8 12 disqualifying finding, the issuing officer shall revoke
8 13 the permit. The issuing officer may also revoke the
8 14 permit of a person whom the issuing officer later finds
8 15 was not qualified for such a permit at the time of
8 16 issuance or who the officer finds provided materially
8 17 false information on the permit application. A person
8 18 aggrieved by a suspension or revocation under this
8 19 subsection may seek review of the decision, pursuant
8 20 to section 724.21A.
8 21 Sec. ___. Section 724.17, Code 2009, is amended to
8 22 read as follows:
8 23 724.17 Application for annual permit to acquire ==
8 24 criminal history check required.
8 25 The application for an annual permit to acquire
8 26 pistols or revolvers may be made to the sheriff of the
8 27 county of the applicant's residence and shall be on a
8 28 form prescribed and published by the commissioner of
8 29 public safety. The application shall state require
8 30 only the full name of the applicant, the driver's
8 31 license or nonoperator's identification card number of
8 32 the applicant, the residence of the applicant, and the
8 33 age and place of birth of the applicant. The applicant
8 34 shall also display an identification card that bears
8 35 a distinguishing number assigned to the cardholder,
8 36 the full name, date of birth, sex, residence address,
8 37 and brief description and colored photograph of the
8 38 cardholder, or other identification as specified by
8 39 rule of the department of public safety. The sheriff
8 40 shall conduct a criminal history check concerning
8 41 each applicant by obtaining criminal history data
8 42 from the department of public safety which shall
8 43 include an inquiry of the national instant criminal
8 44 background system maintained by the federal bureau of
8 45 investigation or any successor agency. A person who
8 46 knowingly makes a false statement of material fact on
8 47 the application commits a class "D" felony. A person
8 48 who knowingly makes a false statement of material fact
8 49 on an application submitted under this section or who
8 50 knowingly submits any materially falsified or forged
9 1 document in connection with such application commits
9 2 an aggravated misdemeanor.
9 3 Sec. ___. NEW SECTION. 724.21A Hearing on denial,
9 4 suspension, or revocation of permit to carry weapons and
9 5 permits to acquire pistols or revolvers.
9 6 1. In any case where the sheriff or the
9 7 commissioner of public safety denies an application
9 8 for or suspends or revokes a permit to carry weapons
9 9 or an annual permit to acquire pistols or revolvers,
9 10 the applicant or permit holder shall have the right to
9 11 appeal the denial, suspension, or revocation of the
9 12 permit to an administrative law judge in the department
9 13 of inspections and appeals within thirty days of
9 14 receiving written notice of the denial, suspension, or
9 15 revocation.
9 16 2. The applicant or permit holder may file an
9 17 appeal with an administrative law judge by filing a
9 18 copy of the denial, suspension, or revocation notice
9 19 with a written statement that clearly states the
9 20 applicant's reasons rebutting the denial, suspension,
9 21 or revocation along with a fee of ten dollars.
9 22 Additional supporting information relevant to the
9 23 proceedings may also be included.
9 24 3. The administrative law judge shall grant an
9 25 aggrieved applicant an opportunity to be heard within
9 26 forty=five days of receipt of the request for an
9 27 appeal. The hearing may be held by telephone or video
9 28 conference at the discretion of the administrative law
9 29 judge. The administrative law judge shall receive
9 30 witness testimony and other evidence relevant to the
9 31 proceedings at the hearing.
9 32 4. Upon conclusion of the hearing, the
9 33 administrative law judge shall order that the denial,
9 34 suspension, or revocation of the permit be either
9 35 rescinded or sustained. An applicant, permit holder,
9 36 or issuing officer aggrieved by the final judgment of
9 37 the administrative law judge shall have the right to
9 38 judicial review in accordance with the terms of the
9 39 Iowa administrative procedure Act, chapter 17A.
9 40 Sec. ___. Section 724.25, subsection 1, Code 2009,
9 41 is amended to read as follows:
9 42 1. As used in sections 724.8, subsection 2,
9 43 and section 724.26, the word "felony" means any offense
9 44 punishable in the jurisdiction where it occurred
9 45 by imprisonment for a term exceeding one year, but
9 46 does not include any offense, other than an offense
9 47 involving a firearm or explosive, classified as a
9 48 misdemeanor under the laws of the state and punishable
9 49 by a term of imprisonment of two years or less.
9 50 Sec. ___. Section 724.27, Code 2009, is amended to
10 1 read as follows:
10 2 724.27 Offenders' rights restored.
10 3 1. The provisions of section 724.8, subsection
10 4 2, section 724.15, subsection 1, paragraphs "b" and
10 5 "e", and section 724.26 shall not apply to a person who
10 6 is eligible to have the person's civil rights regarding
10 7 firearms restored under section 914.7 and who is
10 8 pardoned or has had the person's civil rights restored
10 9 by the President of the United States or the chief
10 10 executive of a state and who is expressly authorized
10 11 by the President of the United States or such chief
10 12 executive to receive, transport, or possess firearms or
10 13 destructive devices. if any of the following occur:
10 14 a. The person is pardoned by the President of the
10 15 United States or the chief executive of a state for a
10 16 disqualifying conviction.
10 17 b. The person's civil rights have been restored
10 18 after a disqualifying conviction, commitment, or
10 19 adjudication.
10 20 c. The person's conviction for a disqualifying
10 21 offense has been expunged.
10 22 2. Subsection 1 shall not apply to a person whose
10 23 pardon, restoration of civil rights, or expungement of
10 24 conviction expressly forbids the person to receive,
10 25 transport, or possess firearms or destructive devices.>
10 26 #2. By renumbering as necessary.
PAULSEN of Linn
HF2531.2775 (3) 83
sc/nh
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