House Amendment 8641
PAG LIN
1 1 Amend House File 2528 as follows:
1 2 #1. Page 1, by striking lines 1 through 14.
1 3 #2. Page 2, by striking lines 4 through 7 and
1 4 inserting <forwarding to the federal bureau of
1 5 investigation information that a person has been
1 6 disqualified from possessing, shipping, transporting,
1 7 or receiving a firearm pursuant to section 724.31.>
1 8 #3. Page 2, after line 7 by inserting:
1 9 <Sec. ___. Section 602.8102, Code 2009, is amended
1 10 by adding the following new subsection:
1 11 NEW SUBSECTION. 125A. Forward information that a
1 12 person has been disqualified from possessing, shipping,
1 13 transporting, or receiving a firearm pursuant to
1 14 section 724.31 to the department of public safety.>
1 15 #4. Page 2, by striking lines 10 through 30 and
1 16 inserting:
1 17 <A permit issued under this chapter is invalid if
1 18 the person to whom the permit is issued is intoxicated
1 19 as provided in section 321J.2, subsection 1.>
1 20 #5. Page 3, line 8, after <permit.> by inserting
1 21 <Such permits shall not be issued for a particular
1 22 weapon and shall not contain information about a
1 23 particular weapon including the make, model, or serial
1 24 number of the weapon or any ammunition used in that
1 25 weapon.>
1 26 #6. Page 3, by striking lines 24 and 25 and
1 27 inserting:
1 28 <3. 2. The person is not Is addicted to the use of
1 29 alcohol or any controlled substance.>
1 30 #7. Page 3, by striking line 26 and inserting:
1 31 <4. 3. The person has no history of repeated
1 32 acts of violence. Probable cause exists to believe,
1 33 based upon documented specific actions of the person,
1 34 where at least one of the actions occurred within two
1 35 years immediately preceding the date of the permit
1 36 application, that the person is likely to use a weapon
1 37 unlawfully or in such other manner as would endanger
1 38 the person's self or others.>>
1 39 #8. Page 3, line 29, by striking <2.> and inserting
1 40 4.>
1 41 #9. Page 3, line 30, by striking <3.> and inserting
1 42 5.>
1 43 #10. Page 3, line 33, after <708.7> by inserting
1 44 <not involving the use of a firearm or explosive>
1 45 #11. By striking page 3, line 34, through page 4,
1 46 line 31, and inserting:
1 47 <6. Is prohibited by federal law from shipping,
1 48 transporting, possessing, or receiving a firearm.>
1 49 #12. Page 5, by striking lines 2 and 3 and
1 50 inserting:
2 1 <a. Completion of any national rifle association
2 2 handgun safety training course.>
2 3 #13. Page 5, by striking line 4 and inserting:
2 4 b. Completion of any handgun safety training>
2 5 #14. Page 5, line 8, by striking <school> and
2 6 inserting <school,>
2 7 #15. Page 5, by striking lines 12 and 13 and
2 8 inserting:
2 9 <c. Completion of any handgun safety training
2 10 course offered for security guards,>
2 11 #16. Page 5, line 15, after <agency> by inserting
2 12 <approved by the department of public safety>
2 13 #17. Page 5, by striking lines 16 and 17.
2 14 #18. Page 5, line 18, by striking <e.> and inserting
2 15 d.>
2 16 #19. Page 5, by striking lines 29 through 32.
2 17 #20. Page 5, line 33, by striking <g.> and inserting
2 18 e.>
2 19 #21. Page 6, by striking lines 12 and 13.
2 20 #22. Page 6, line 26, by striking <age> and
2 21 inserting <age date of birth>
2 22 #23. Page 7, by striking lines 11 through 15 and
2 23 inserting:
2 24 <3. A person who knowingly makes what the person
2 25 knows to be a false statement of material fact on
2 26 the an application submitted under this section or who
2 27 submits what the person knows to be any materially
2 28 falsified or forged documentation in connection with
2 29 such an application commits a class "D" felony.>
2 30 #24. Page 7, by striking line 21 and inserting
2 31 <Applications from for professional permits to carry
2 32 weapons for persons who are nonresidents of the state,>
2 33 #25. Page 7, by striking lines 27 through 29
2 34 and inserting <sections 724.6 to 724.10 have been
2 35 satisfied. However, for renewal of a permit the
2 36 training program requirements in section 724.9 may be
2 37 waived for renewal permits, subsection 1, shall apply
2 38 or the renewal applicant may choose to qualify on a
2 39 firing range under the supervision of an instructor
2 40 certified by the national rifle association or
2 41 the department of public safety or another state's
2 42 department of public safety, state police department,
2 43 or similar certifying body. Such training or
2 44 qualification must occur within the twelve=month period
2 45 prior to the expiration of the applicant's current
2 46 permit.>
2 47 #26. Page 7, before line 30 by inserting:
2 48 <1A. Neither the sheriff nor the commissioner shall
2 49 require an applicant for a permit to carry weapons to
2 50 provide information identifying a particular weapon in
3 1 the application including the make, model, or serial
3 2 number of the weapon or any ammunition used in that
3 3 particular weapon.>
3 4 #27. Page 7, line 30, by striking <ten> and
3 5 inserting <ten fifty>
3 6 #28. Page 7, line 33, by striking <five> and
3 7 inserting <five twenty=five>
3 8 #29. Page 8, by striking line 4 and inserting <equal
3 9 to two ten dollars for each permit issued and one
3 10 dollar five dollars>
3 11 #30. Page 8, line 10, after <shall> by inserting
3 12 <not>
3 13 #31. Page 8, by striking lines 12 through 26 and
3 14 inserting:
3 15 <3. The sheriff or commissioner of public safety
3 16 shall approve or deny an initial or renewal application
3 17 submitted under this section within thirty days of
3 18 receipt of the application. A person whose application
3 19 for a permit under this chapter is denied may seek
3 20 review of the denial under section 724.21A. The failure
3 21 to approve or deny an initial or renewal application
3 22 shall result in a decision of approval.>
3 23 #32. By striking page 8, line 27, through page 9,
3 24 line 5, and inserting:
3 25 <Sec. ___. NEW SECTION. 724.11A Recognition.
3 26 A valid permit or license issued by another state to
3 27 any nonresident of this state shall be considered to
3 28 be a valid permit or license to carry weapons issued
3 29 pursuant to this chapter, except that such permit or
3 30 license shall not be considered to be a substitute for
3 31 an annual permit to acquire pistols or revolvers issued
3 32 pursuant to section 724.15.>
3 33 #33. Page 9, line 8, after <weapons> by inserting <==
3 34 criminal history background check>
3 35 #34. Page 9, after line 31 by inserting:
3 36 <The issuing officer may annually conduct a
3 37 background check concerning a person issued a permit by
3 38 obtaining criminal history data from the department of
3 39 public safety.>
3 40 #35. Page 10, by striking lines 8 and 9 and
3 41 inserting:
3 42 <c. b. The person is not Is addicted to the use of
3 43 alcohol or a controlled substance.>
3 44 #36. Page 10, line 15, by striking <b.> and
3 45 inserting <c.>
3 46 #37. By striking page 10, line 16, through page 11,
3 47 line 13, and inserting:
3 48 <d. Is prohibited by federal law from shipping,
3 49 transporting, possessing, or receiving a firearm.>
3 50 #38. Page 12, by striking lines 4 through 7 and
4 1 inserting <revolvers during the period that the permit
4 2 remains valid. If the issuing officer determines
4 3 that the applicant has become disqualified under
4 4 the provisions of subsection 1, the issuing officer
4 5 may immediately invalidate revoke the permit and
4 6 shall provide a written statement of the reasons for
4 7 revocation, and the applicant shall have the right to
4 8 appeal the revocation as provided in section 724.21A.>
4 9 #39. Page 12, line 21, by striking <commissioner>
4 10 and inserting <issuing officer>
4 11 #40. Page 13, line 8, by striking <age> and
4 12 inserting <age date>
4 13 #41. Page 13, by striking lines 21 through 25 and
4 14 inserting <"D" felony. A person who makes what the
4 15 person knows to be a false statement of material fact
4 16 on an application submitted under this section or who
4 17 submits what the person knows to be any materially
4 18 falsified or forged documentation in connection with
4 19 such an application commits a class "D" felony.>
4 20 #42. By striking page 13, line 26, through page 14,
4 21 line 22, and inserting:
4 22 <Sec. ___. NEW SECTION. 724.21A Denial,
4 23 suspension, or revocation of permit to carry weapons or
4 24 permit to acquire pistols or revolvers.
4 25 1. In any case where the sheriff or the
4 26 commissioner of public safety denies an application
4 27 for or suspends or revokes a permit to carry weapons
4 28 or an annual permit to acquire pistols or revolvers,
4 29 the sheriff or commissioner shall provide a written
4 30 statement of the reasons for the denial, suspension,
4 31 or revocation and the applicant or permit holder
4 32 shall have the right to appeal the denial, suspension,
4 33 or revocation to an administrative law judge in the
4 34 department of inspections and appeals within thirty
4 35 days of receiving written notice of the denial,
4 36 suspension, or revocation.
4 37 2. The applicant or permit holder may file an
4 38 appeal with an administrative law judge by filing a
4 39 copy of the denial, suspension, or revocation notice
4 40 with a written statement that clearly states the
4 41 applicant's reasons rebutting the denial, suspension,
4 42 or revocation along with a fee of ten dollars.
4 43 Additional supporting information relevant to the
4 44 proceedings may also be included.
4 45 3. The administrative law judge shall, within
4 46 forty=five days of receipt of the request for an
4 47 appeal, set a hearing date. The hearing may be held
4 48 by telephone or video conference at the discretion
4 49 of the administrative law judge. The administrative
4 50 law judge shall receive witness testimony and other
5 1 evidence relevant to the proceedings at the hearing.
5 2 The hearing shall be conducted pursuant to chapter 17A.
5 3 4. Upon conclusion of the hearing, the
5 4 administrative law judge shall order that the denial,
5 5 suspension, or revocation of the permit be either
5 6 rescinded or sustained. An applicant, permit holder,
5 7 or issuing officer aggrieved by the final judgment of
5 8 the administrative law judge shall have the right to
5 9 judicial review in accordance with the terms of the
5 10 Iowa administrative procedure Act, chapter 17A.
5 11 5. The standard of review under this section shall
5 12 be clear and convincing evidence that the issuing
5 13 officer's written statement of the reasons for the
5 14 denial, suspension, or revocation constituted probable
5 15 cause to deny an application or to suspend or revoke
5 16 a permit.
5 17 6. The department of inspections and appeals shall
5 18 adopt rules pursuant to chapter 17A as necessary to
5 19 carry out the provisions of this section.
5 20 7. In any case where the issuing officer denies an
5 21 application for, or suspends or revokes a permit to
5 22 carry weapons or an annual permit to acquire pistols or
5 23 revolvers solely because of an adverse determination
5 24 by the national instant criminal background check
5 25 system, the applicant or permit holder shall not seek
5 26 relief under this section but may pursue relief of
5 27 the national instant criminal background check system
5 28 determination pursuant to Pub. L. No. 103=159, sections
5 29 103(f) and (g) and 104 and 28 C.F.R. { 25.10, or other
5 30 applicable law. The outcome of such proceedings shall
5 31 be binding on the issuing officer.>
5 32 #43. Page 14, by striking lines 23 through 34.
5 33 #44. Page 15, lines 34 and 35, by striking <orders,
5 34 commitments, or findings == disabilities> and inserting
5 35 orders or commitments == firearms>
5 36 #45. Page 16, by striking lines 1 through 19 and
5 37 inserting:
5 38 <1. A court order referred to in subsection 2 shall
5 39 include information informing the person who is the
5 40 subject of the order not to ship, possess, receive,
5 41 or transport or cause the transport of firearms or
5 42 ammunition. The clerk of the district court shall
5 43 forward only such information as is necessary to
5 44 identify a person subject to an order in subsection
5 45 2 to the department of public safety, which in turn
5 46 shall forward the information to the federal bureau
5 47 of investigation or its successor agency for the sole
5 48 purpose of inclusion in the national instant criminal
5 49 background check system database.>
5 50 #46. Page 16, line 22, by striking <or treatment>
6 1 #47. Page 16, line 25, by striking <or treatment>
6 2 #48. Page 16, by striking lines 27 through 31.
6 3 #49. Page 16, line 32, by striking <h.> and
6 4 inserting <d.>
6 5 #50. By striking page 16, line 34, through page 17,
6 6 line 34, and inserting:
6 7 <3. a. A person who is the subject of a court
6 8 order listed in subsection 2 and who has been released
6 9 from commitment may petition the court that issued
6 10 the order or the court in the county where the person
6 11 resides no earlier than two years from the date of the
6 12 issuance of the order for relief from the disabilities
6 13 imposed by 18 U.S.C. section 922(d)(4) and (g)(4).
6 14 A copy of the petition shall also be served on the
6 15 director of human services and the county attorney at
6 16 the county attorney's office of the county in which
6 17 the original order occurred, and the director or the
6 18 county attorney may appear, support, object to, and
6 19 present evidence relevant to the relief sought by the
6 20 petitioner. A court considering a petition under this
6 21 section shall receive evidence concerning all of the
6 22 following:
6 23 (1) The circumstances surrounding the original
6 24 issuance of the order in subsection 2.
6 25 (2) The petitioner's mental health and criminal
6 26 history.
6 27 (3) The petitioner's reputation and character.
6 28 (4) Any changes in the petitioner's condition
6 29 or circumstances since the issuance of the order in
6 30 subsection 2 that are relevant to the relief sought.
6 31 b. The court shall grant a petition filed pursuant
6 32 to paragraph "a" if the court finds by a preponderance
6 33 of the evidence that the petitioner will not be likely
6 34 to act in a manner dangerous to the public safety and
6 35 that the granting of the relief would not be contrary
6 36 to the public interest. The petitioner may appeal a
6 37 denial of the requested relief and the review shall be
6 38 de novo. A person may file a petition for relief under
6 39 this subsection not more than once every two years.
6 40 c. If a court issues an order granting a petition
6 41 for relief under paragraph "b", the clerk of the
6 42 district court shall immediately forward only such
6 43 information as is necessary to identify a person
6 44 granted relief to the department of public safety
6 45 which, upon receipt, shall immediately forward such
6 46 information as is necessary to the federal bureau of
6 47 investigation or its successor agency to update the
6 48 national instant criminal background check system
6 49 database with the relief from disabilities.>
6 50 #51. Page 17, after line 34 by inserting:
7 1 <Sec. ___. TRANSITION PROVISIONS. A permit issued
7 2 under chapter 724 prior to January 1, 2011, remains
7 3 effective and continues in effect as issued for the
7 4 twelve=month period following its issuance. This Act
7 5 does not preclude the permit holder from seeking to
7 6 renew the permit under this Act prior to the expiration
7 7 of the twelve=month period.
7 8 Sec. ___. EFFECTIVE DATE. This Act takes effect
7 9 January 1, 2011.>
7 10 #52. Title page, line 5, after <penalties> by
7 11 inserting <and an effective date>
7 12 #53. By renumbering as necessary.
COMMITTEE ON PUBLIC SAFETY
LYKAM of Scott, Chairperson
HF2528.2971 (1) 83
rj/nh
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