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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