Senate File 427 S-3079 Amend Senate File 427 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 724.1, subsection 1, paragraph 4 h, Code 2015, is amended by striking the paragraph. 5 Sec. 2. NEW SECTION . 724.1A Firearm suppressors 6 —— certification. 7 1. As used in this section, unless the context 8 otherwise requires: 9 a. “Certification” means the participation and 10 assent of the chief law enforcement officer of the 11 jurisdiction where the applicant resides, that is 12 necessary under federal law for the approval of an 13 application to make or transfer a firearm suppressor. 14 b. “Chief law enforcement officer” means the county 15 sheriff, chief of police, or the designee of such 16 official, that the federal bureau of alcohol, tobacco, 17 firearms and explosives, or any successor agency, has 18 identified by regulation or has determined is otherwise 19 eligible to provide any required certification for 20 making or transferring a firearm suppressor. 21 c. “Firearm suppressor” means a mechanical device 22 specifically constructed and designed so that when 23 attached to a firearm silences, muffles, or suppresses 24 the sound when fired that is considered a “firearm 25 silencer” or “firearm muffler” as defined in 18 U.S.C. 26 §921. 27 2. a. A chief law enforcement officer is not 28 required to make any certification under this section 29 the chief law enforcement officer knows to be false, 30 but the chief law enforcement officer shall not 31 refuse, based on a generalized objection, to issue a 32 certification to make or transfer a firearm suppressor. 33 b. When the certification of the chief law 34 enforcement officer is required by federal law or 35 regulation for making or transferring a firearm 36 suppressor, the chief law enforcement officer 37 shall, within thirty days of receipt of a request 38 for certification, issue such certification if the 39 applicant is not prohibited by law from making or 40 transferring a firearm suppressor or is not the subject 41 of a proceeding that could result in the applicant 42 being prohibited by law from making or transferring 43 the firearm suppressor. If the chief law enforcement 44 officer does not issue a certification as required by 45 this section, the chief law enforcement officer shall 46 provide the applicant with a written notification of 47 the denial and the reason for the denial. 48 3. An applicant whose request for certification 49 is denied may appeal the decision of the chief law 50 -1- SF427.1185 (1) 86 jm/rj 1/ 15 #1.

enforcement officer to the district court for the 1 county in which the applicant resides. The court 2 shall review the decision of the chief law enforcement 3 officer to deny the certification de novo. If the 4 court finds that the applicant is not prohibited by law 5 from making or transferring the firearm suppressor, 6 or is not the subject of a proceeding that could 7 result in such prohibition, or that no substantial 8 evidence supports the decision of the chief law 9 enforcement officer, the court shall order the chief 10 law enforcement officer to issue the certification and 11 award court costs and reasonable attorney fees to the 12 applicant. If the court determines the applicant is 13 not eligible to be issued a certification, the court 14 shall award court costs and reasonable attorney fees to 15 the political subdivision of the state representing the 16 chief law enforcement officer. 17 4. In making a determination about whether to 18 issue a certification under subsection 2, a chief law 19 enforcement officer may conduct a criminal background 20 check, but shall only require the applicant provide 21 as much information as is necessary to identify 22 the applicant for this purpose or to determine the 23 disposition of an arrest or proceeding relevant to the 24 eligibility of the applicant to lawfully possess or 25 receive a firearm suppressor. A chief law enforcement 26 officer shall not require access to or consent 27 to inspect any private premises as a condition of 28 providing a certification under this section. 29 5. A chief law enforcement officer and employees 30 of the chief law enforcement officer who act in good 31 faith are immune from liability arising from any act or 32 omission in making a certification as required by this 33 section. 34 Sec. 3. NEW SECTION . 724.1B Firearm suppressors 35 —— penalty. 36 1. A person shall not possess a firearm suppressor 37 in this state unless authorized by federal law. 38 2. A person who possesses a firearm suppressor in 39 violation of subsection 1 commits a class “D” felony. 40 Sec. 4. Section 724.4, subsection 4, paragraph i, 41 Code 2015, is amended to read as follows: 42 i. (1) A person who has in the person’s immediate 43 possession and who displays to a peace officer on 44 demand a valid permit to carry weapons which has been 45 issued to the person, and whose conduct is within the 46 limits of that permit. A peace officer shall verify 47 through electronic means, if possible, the validity of 48 the person’s permit to carry weapons. 49 (2) A person commits a simple misdemeanor 50 -2- SF427.1185 (1) 86 jm/rj 2/ 15

punishable as a scheduled violation pursuant to section 1 805.8C, subsection 11, if the person does not have in 2 the person’s immediate possession a valid permit to 3 carry weapons which has been issued to the person. 4 (3) A Except as provided in subparagraph (2), a 5 person shall not be convicted of a violation of this 6 section if the person produces at the person’s trial a 7 permit to carry weapons which was valid at the time of 8 the alleged offense and which would have brought the 9 person’s conduct within this exception if the permit 10 had been produced at the time of the alleged offense. 11 Sec. 5. Section 724.4B, subsection 2, paragraph a, 12 Code 2015, is amended to read as follows: 13 a. A person listed under section 724.4, subsection 14 4 , paragraphs “b” through “f” or “j” , or a certified 15 peace officer as specified in section 724.6, subsection 16 1 . 17 Sec. 6. Section 724.5, Code 2015, is amended to 18 read as follows: 19 724.5 Duty to carry or verify permit to carry 20 weapons. 21 1. A person armed with a revolver, pistol, or 22 pocket billy concealed upon the person shall have in 23 the person’s immediate possession the permit provided 24 for in section 724.4, subsection 4 , paragraph “i” , and 25 shall produce the permit for inspection at the request 26 of a peace officer. 27 2. A peace officer shall verify through electronic 28 means, if possible, the validity of the person’s permit 29 to carry weapons. 30 3. Failure to so produce a permit is a simple 31 misdemeanor , punishable as a scheduled violation 32 pursuant to section 805.8C, subsection 12 . 33 Sec. 7. Section 724.6, subsection 1, Code 2015, is 34 amended to read as follows: 35 1. A person may be issued a permit to carry weapons 36 when the person’s employment in a private investigation 37 business or private security business licensed under 38 chapter 80A , or a person’s employment as a peace 39 officer, correctional officer, security guard, bank 40 messenger or other person transporting property of a 41 value requiring security, or in police work, reasonably 42 justifies that person going armed. The permit shall be 43 on a form prescribed and published by the commissioner 44 of public safety, shall identify the holder, and 45 shall state the nature of the employment requiring the 46 holder to go armed. A permit so issued, other than to 47 a peace officer, shall authorize the person to whom 48 it is issued to go armed anywhere in the state, only 49 while engaged in the employment, and while going to and 50 -3- SF427.1185 (1) 86 jm/rj 3/ 15

from the place of the employment. A permit issued to 1 a certified peace officer shall authorize that peace 2 officer to go armed anywhere in the state , including 3 a school as provided in section 724.4B, at all times. 4 Permits shall expire twelve months after the date when 5 issued except that permits issued to peace officers and 6 correctional officers are valid through the officer’s 7 period of employment unless otherwise canceled. When 8 the employment is terminated, the holder of the 9 permit shall surrender it to the issuing officer for 10 cancellation. 11 Sec. 8. Section 724.7, subsection 1, Code 2015, is 12 amended to read as follows: 13 1. Any person who is not disqualified under 14 section 724.8 , who satisfies the training requirements 15 of section 724.9 , if applicable, and who files an 16 application in accordance with section 724.10 shall be 17 issued a nonprofessional permit to carry weapons. Such 18 permits shall be on a form prescribed and published 19 by the commissioner of public safety, which shall be 20 readily distinguishable from the professional permit, 21 and shall identify the holder of the permit. Such 22 permits shall not be issued for a particular weapon 23 and shall not contain information about a particular 24 weapon including the make, model, or serial number of 25 the weapon or any ammunition used in that weapon. All 26 permits so issued shall be for a period of five years 27 and shall be valid throughout the state except where 28 the possession or carrying of a firearm is prohibited 29 by state or federal law. 30 Sec. 9. Section 724.9, Code 2015, is amended to 31 read as follows: 32 724.9 Firearm training program. 33 1. An applicant for an initial permit to carry 34 weapons shall demonstrate knowledge of firearm safety 35 by any of the following means: 36 a. Completion of any national rifle association 37 handgun safety training course. 38 b. Completion of any handgun safety training course 39 available to the general public offered by a law 40 enforcement agency, community college, college, private 41 or public institution or organization, or firearms 42 training school, utilizing instructors certified by the 43 national rifle association or the department of public 44 safety or another state’s department of public safety, 45 state police department, or similar certifying body. 46 c. Completion of any handgun safety training course 47 offered for security guards, investigators, special 48 deputies, or any division or subdivision of a law 49 enforcement or security enforcement agency approved by 50 -4- SF427.1185 (1) 86 jm/rj 4/ 15

the department of public safety. 1 d. Completion of small arms training while serving 2 with the armed forces of the United States as evidenced 3 by any of the following: . 4 (1) For personnel released or retired from active 5 duty, possession of an honorable discharge or general 6 discharge under honorable conditions. 7 (2) For personnel on active duty or serving in 8 one of the national guard or reserve components of 9 the armed forces of the United States, possession of 10 a certificate of completion of basic training with a 11 service record of successful completion of small arms 12 training and qualification. 13 e. Completion of a law enforcement agency firearms 14 training course that qualifies a peace officer to carry 15 a firearm in the normal course of the peace officer’s 16 duties. 17 2. a. Beginning with the first renewal of a permit 18 issued after the calendar year 2010, and alternating 19 renewals thereafter, training is not required unless 20 the applicant applies outside of the time periods 21 specified for a renewal in section 724.11. 22 b. Beginning with the second renewal of a permit 23 issued after the calendar year 2010, and alternating 24 renewals thereafter, an applicant is required to 25 complete training or shall qualify under either of the 26 following: 27 (1) Any training option specified in subsection 1. 28 (2) On a firing range under the supervision of an 29 instructor certified by the national rifle association 30 or the department of public safety or another state’s 31 department of public safety, state police department, 32 or similar certifying body. 33 2. 3. Evidence If training or qualification is 34 required under this section, evidence of such training 35 or qualification under this section may be documented 36 by any of the following: 37 a. A photocopy of a certificate of completion or 38 any similar document indicating completion of any 39 course or class identified in subsection 1 that was 40 completed within twenty-four months prior to the date 41 of the application . 42 b. An affidavit from the instructor, school, 43 organization, or group that conducted or taught a 44 course or class identified in subsection 1 that was 45 completed within twenty-four months prior to the date 46 of the application attesting to the completion of the 47 course or class by the applicant. 48 c. A copy of any document indicating participation 49 in any firearms shooting competition. 50 -5- SF427.1185 (1) 86 jm/rj 5/ 15

c. Possession of an honorable discharge or general 1 discharge under honorable conditions issued any time 2 prior to the date of the application for personnel 3 released or retired from active duty in the armed 4 forces of the United States. 5 d. Possession of a certificate of completion of 6 basic training with a service record of successful 7 completion of small arms training and qualification 8 issued prior to the date of the application, or other 9 official documentation satisfactory to the issuing 10 officer that was issued prior to the date of the 11 application for personnel on active duty or serving in 12 one of the national guard or reserve components of the 13 armed forces of the United States. 14 e. A qualification certificate, qualification 15 card, or affidavit from an instructor certified by the 16 national rifle association or the department of public 17 safety or another state’s department of public safety, 18 state police department, or similar certifying body 19 attesting that the applicant for renewal has qualified 20 on a firing range within twenty-four months prior to 21 the date of the application. 22 3. 4. An issuing officer shall not condition the 23 issuance of a permit on training requirements that are 24 not specified in or that exceed the requirements of 25 this section . 26 5. The handgun safety training course required 27 in subsection 1 may be conducted over the internet 28 in a live or web-based format, if completion of the 29 course is verified by the instructor or provider of the 30 course. 31 Sec. 10. Section 724.10, subsections 1 and 2, Code 32 2015, are amended to read as follows: 33 1. a. A person shall not be issued a permit to 34 carry weapons unless the person has completed and 35 signed an application on a form to be prescribed and 36 published by the commissioner of public safety. The 37 application shall require only the full name, driver’s 38 license or nonoperator’s identification card number, 39 residence, place of birth, and date of birth of the 40 applicant, and shall state whether the applicant meets 41 the criteria specified in sections 724.8 and 724.9 . An 42 applicant may provide the applicant’s social security 43 number if the applicant so chooses. The applicant 44 shall also display an identification card that bears 45 a distinguishing number assigned to the cardholder, 46 the full name, date of birth, sex, residence address, 47 and a brief description and colored photograph of the 48 cardholder. 49 b. If the applicant is not a United States citizen, 50 -6- SF427.1185 (1) 86 jm/rj 6/ 15

the application shall, in addition to the information 1 specified in paragraph “a” , require the applicant’s 2 country of citizenship, any alien or admission 3 number issued by the United States immigration and 4 customs enforcement or any successor agency, and, 5 if applicable, the basis for any exception claimed 6 pursuant to 18 U.S.C. §922(y). 7 2. The issuing officer, upon receipt of an initial 8 or renewal application under this section , shall 9 immediately conduct a background check concerning 10 each applicant by obtaining criminal history data 11 from the department of public safety which shall 12 include an inquiry of the national instant criminal 13 background check system maintained by the federal 14 bureau of investigation or any successor agency 15 and an immigration alien query through a database 16 maintained by the United States immigration and customs 17 enforcement or any successor agency if the applicant is 18 not a United States citizen . 19 Sec. 11. Section 724.11, subsections 1 and 3, Code 20 2015, are amended to read as follows: 21 1. Applications for permits to carry weapons 22 shall be made to the sheriff of the county in which 23 the applicant resides. Applications for professional 24 permits to carry weapons for persons who are 25 nonresidents of the state, or whose need to go armed 26 arises out of employment by the state, shall be made 27 to the commissioner of public safety. In either case, 28 the sheriff or commissioner, before issuing the permit, 29 shall determine that the requirements of sections 30 724.6 to 724.10 have been satisfied. However, for 31 renewal of a permit the training program requirements 32 in section 724.9, subsection 1 , shall apply or the 33 renewal applicant may choose to qualify on a firing 34 range under the supervision of an instructor certified 35 by the national rifle association or the department of 36 public safety or another state’s department of public 37 safety, state police department, or similar certifying 38 body. Such training or qualification must occur within 39 the twelve-month period prior to the expiration of the 40 applicant’s current permit. An applicant for renewal of 41 a permit shall apply within thirty days prior to the 42 expiration of the permit or within thirty days after 43 the expiration of the permit; otherwise the applicant 44 shall be considered an applicant for an initial permit 45 under subsection 3 and section 724.9, subsection 1. 46 3. The issuing officer shall collect a fee of 47 fifty dollars for an initial permit , except from a 48 duly appointed peace officer or correctional officer, 49 for each permit issued. Renewal permits or duplicate 50 -7- SF427.1185 (1) 86 jm/rj 7/ 15

permits shall be issued for a fee of twenty-five 1 dollars, provided the application for such renewal 2 permit is received by the issuing officer at least 3 within thirty days prior to the expiration of the 4 applicant’s current permit or within thirty days after 5 such expiration . The issuing officer shall notify the 6 commissioner of public safety of the issuance of any 7 permit at least monthly and forward to the commissioner 8 an amount equal to ten dollars for each permit issued 9 and five dollars for each renewal or duplicate permit 10 issued. All such fees received by the commissioner 11 shall be paid to the treasurer of state and deposited 12 in the operating account of the department of public 13 safety to offset the cost of administering this 14 chapter . Notwithstanding section 8.33 , any unspent 15 balance as of June 30 of each year shall not revert to 16 the general fund of the state. 17 Sec. 12. Section 724.11, Code 2015, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION . 5. The initial or renewal permit 20 shall have a uniform appearance, size, and content 21 prescribed and published by the commissioner of public 22 safety. The permit shall contain the name of the 23 permittee and the effective date of the permit, but 24 shall not contain the permittee’s social security 25 number. Such a permit shall not be issued for a 26 particular weapon and shall not contain information 27 about a particular weapon including the make, model, 28 or serial number of the weapon, or any ammunition used 29 in that weapon. 30 Sec. 13. Section 724.11A, Code 2015, is amended to 31 read as follows: 32 724.11A Recognition. 33 A valid permit or license issued by another state to 34 any nonresident of this state shall be considered to 35 be a valid permit or license to carry weapons issued 36 pursuant to this chapter , except that such permit or 37 license shall not be considered to be a substitute for 38 an annual a permit to acquire pistols or revolvers 39 issued pursuant to section 724.15 . 40 Sec. 14. Section 724.15, subsections 1, 2, and 3, 41 Code 2015, are amended to read as follows: 42 1. Any person who desires to acquire ownership of 43 any pistol or revolver shall first obtain an annual 44 a permit. An annual A permit shall be issued upon 45 request to any resident of this state unless the person 46 is subject to any of the following: 47 a. Is less than twenty-one years of age. 48 b. Is subject to the provisions of section 724.26 . 49 c. Is prohibited by federal law from shipping, 50 -8- SF427.1185 (1) 86 jm/rj 8/ 15

transporting, possessing, or receiving a firearm. 1 2. Any person who acquires ownership of a pistol or 2 revolver shall not be required to obtain an annual a 3 permit if any of the following apply: 4 a. The person transferring the pistol or revolver 5 and the person acquiring the pistol or revolver are 6 licensed firearms dealers under federal law. 7 b. The pistol or revolver acquired is an antique 8 firearm, a collector’s item, a device which is not 9 designed or redesigned for use as a weapon, a device 10 which is designed solely for use as a signaling, 11 pyrotechnic, line-throwing, safety, or similar device, 12 or a firearm which is unserviceable by reason of being 13 unable to discharge a shot by means of an explosive 14 and is incapable of being readily restored to a firing 15 condition. 16 c. The person acquiring the pistol or revolver is 17 authorized to do so on behalf of a law enforcement 18 agency. 19 d. The person has obtained a valid permit to carry 20 weapons, as provided in section 724.11 . 21 e. The person transferring the pistol or revolver 22 and the person acquiring the pistol or revolver 23 are related to one another within the second degree 24 of consanguinity or affinity unless the person 25 transferring the pistol or revolver knows that the 26 person acquiring the pistol or revolver would be 27 disqualified from obtaining a permit. 28 3. The annual permit to acquire pistols or 29 revolvers shall authorize the permit holder to acquire 30 one or more pistols or revolvers during the period 31 that the permit remains valid. If the issuing officer 32 determines that the applicant has become disqualified 33 under the provisions of subsection 1 , the issuing 34 officer may immediately revoke the permit and shall 35 provide a written statement of the reasons for 36 revocation, and the applicant shall have the right to 37 appeal the revocation as provided in section 724.21A . 38 Sec. 15. Section 724.16, Code 2015, is amended to 39 read as follows: 40 724.16 Annual permit Permit to acquire required —— 41 transfer prohibited. 42 1. Except as otherwise provided in section 724.15, 43 subsection 2 , a person who acquires ownership of a 44 pistol or revolver without a valid annual permit to 45 acquire pistols or revolvers or a person who transfers 46 ownership of a pistol or revolver to a person who does 47 not have in the person’s possession a valid annual 48 permit to acquire pistols or revolvers is guilty of an 49 aggravated misdemeanor. 50 -9- SF427.1185 (1) 86 jm/rj 9/ 15

2. A person who transfers ownership of a pistol 1 or revolver to a person that the transferor knows is 2 prohibited by section 724.15 from acquiring ownership 3 of a pistol or revolver commits a class “D” felony. 4 Sec. 16. Section 724.17, Code 2015, is amended to 5 read as follows: 6 724.17 Application for annual permit to acquire —— 7 criminal history check required. 8 1. The application for an annual a permit to 9 acquire pistols or revolvers may be made to the sheriff 10 of the county of the applicant’s residence and shall be 11 on a form prescribed and published by the commissioner 12 of public safety. 13 a. The If an applicant is a United States citizen, 14 the application shall require only the full name of 15 the applicant, the driver’s license or nonoperator’s 16 identification card number of the applicant, the 17 residence of the applicant, and the date and place of 18 birth of the applicant. 19 b. If the applicant is not a United States citizen, 20 the application shall, in addition to the information 21 specified in paragraph “a” , require the applicant’s 22 country of citizenship, any alien or admission 23 number issued by the United States immigration and 24 customs enforcement or any successor agency, and, 25 if applicable, the basis for any exception claimed 26 pursuant to 18 U.S.C. §922(y). 27 c. The applicant shall also display an 28 identification card that bears a distinguishing number 29 assigned to the cardholder, the full name, date of 30 birth, sex, residence address, and brief description 31 and colored photograph of the cardholder, or other 32 identification as specified by rule of the department 33 of public safety. 34 2. The sheriff shall conduct a criminal history 35 check concerning each applicant by obtaining criminal 36 history data from the department of public safety 37 which shall include an inquiry of the national instant 38 criminal background check system maintained by the 39 federal bureau of investigation or any successor agency 40 and an immigration alien query through a database 41 maintained by the United States immigration and customs 42 enforcement or any successor agency if the applicant is 43 not a United States citizen . 44 3. A person who makes what the person knows to be 45 a false statement of material fact on an application 46 submitted under this section or who submits what the 47 person knows to be any materially falsified or forged 48 documentation in connection with such an application 49 commits a class “D” felony. 50 -10- SF427.1185 (1) 86 jm/rj 10/ 15

Sec. 17. Section 724.18, Code 2015, is amended to 1 read as follows: 2 724.18 Procedure for making application for annual 3 permit to acquire. 4 A person may personally request the sheriff to 5 mail an application for an annual a permit to acquire 6 pistols or revolvers, and the sheriff shall immediately 7 forward to such person an application for an annual 8 a permit to acquire pistols or revolvers. A person 9 shall upon completion of the application personally 10 deliver file such application to with the sheriff who 11 shall note the period of validity on the application 12 and shall immediately issue the annual permit to 13 acquire pistols or revolvers to the applicant. For the 14 purposes of this section the date of application shall 15 be the date on which the sheriff received the completed 16 application. 17 Sec. 18. Section 724.19, Code 2015, is amended to 18 read as follows: 19 724.19 Issuance of annual permit to acquire. 20 The annual permit to acquire pistols or revolvers 21 shall be issued to the applicant immediately upon 22 completion of the application unless the applicant is 23 disqualified under the provisions of section 724.15 24 and or 724.17. The permit shall be on a form have a 25 uniform appearance, size, and content prescribed and 26 published by the commissioner of public safety. The 27 permit shall contain the name of the permittee , the 28 residence of the permittee, and the effective date 29 of the permit , but shall not contain the permittee’s 30 social security number . Such a permit shall not be 31 issued for a particular pistol or revolver and shall 32 not contain information about a particular pistol or 33 revolver including the make, model, or serial number of 34 the pistol or revolver, or any ammunition used in such 35 a pistol or revolver. 36 Sec. 19. Section 724.20, Code 2015, is amended to 37 read as follows: 38 724.20 Validity of annual permit to acquire pistols 39 or revolvers. 40 The permit shall be valid throughout the state and 41 shall be valid three days after the date of application 42 and shall be invalid one year five years after the date 43 of application. 44 Sec. 20. Section 724.21A, subsections 1 and 7, Code 45 2015, are amended to read as follows: 46 1. In any case where the sheriff or the 47 commissioner of public safety denies an application 48 for or suspends or revokes a permit to carry weapons 49 or an annual a permit to acquire pistols or revolvers, 50 -11- SF427.1185 (1) 86 jm/rj 11/ 15

the sheriff or commissioner shall provide a written 1 statement of the reasons for the denial, suspension, 2 or revocation and the applicant or permit holder 3 shall have the right to appeal the denial, suspension, 4 or revocation to an administrative law judge in the 5 department of inspections and appeals within thirty 6 days of receiving written notice of the denial, 7 suspension, or revocation. 8 7. In any case where the issuing officer denies an 9 application for, or suspends or revokes a permit to 10 carry weapons or an annual a permit to acquire pistols 11 or revolvers solely because of an adverse determination 12 by the national instant criminal background check 13 system, the applicant or permit holder shall not seek 14 relief under this section but may pursue relief of 15 the national instant criminal background check system 16 determination pursuant to Pub. L. No. 103-159, sections 17 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other 18 applicable law. The outcome of such proceedings shall 19 be binding on the issuing officer. 20 Sec. 21. Section 724.21A, Code 2015, is amended by 21 adding the following new subsection: 22 NEW SUBSECTION . 8. If an applicant appeals the 23 decision by the sheriff or commissioner to deny an 24 application, or suspend or revoke a permit to carry 25 weapons or a permit to acquire, and it is later 26 determined the applicant is eligible to be issued 27 or possess such a permit, the applicant shall be 28 awarded costs related to the administrative proceeding 29 and reasonable attorney fees if applicable. If the 30 decision of the sheriff or commissioner to deny the 31 application, or suspend or revoke the permit is upheld 32 on appeal, the political subdivision of the state 33 representing the sheriff or the commissioner shall be 34 awarded costs related to the administrative proceeding 35 and reasonable attorney fees if applicable. 36 Sec. 22. Section 724.23, Code 2015, is amended to 37 read as follows: 38 724.23 Records kept by commissioner and issuing 39 officers . 40 1. a. The commissioner of public safety shall 41 maintain a permanent record of all valid permits to 42 carry weapons and of current permit revocations. 43 b. The permanent record shall be kept in a 44 searchable database that is accessible on a statewide 45 basis for the circumstances described in subsection 2, 46 paragraph “b” , “c” , “d” , or “e” . 47 2. a. Notwithstanding any other law or rule to 48 the contrary, the commissioner of public safety and 49 any issuing officer shall keep confidential personally 50 -12- SF427.1185 (1) 86 jm/rj 12/ 15

identifiable information of holders of permits to 1 carry weapons and permits to acquire, including but not 2 limited to the name, social security number, date of 3 birth, residential or business address, and driver’s 4 license or other identification number of the applicant 5 or permit holder. 6 b. This subsection shall not prohibit the 7 release of statistical information relating to the 8 issuance, denial, revocation, or administration of 9 nonprofessional permits to carry weapons and permits to 10 acquire, provided that the release of such information 11 does not reveal the identity of any individual permit 12 holder. 13 c. This subsection shall not prohibit the release 14 of information to any law enforcement agency or any 15 employee or agent thereof when necessary for the 16 purpose of investigating a possible violation of law 17 and when probable cause exists, or to determine the 18 validity of a permit, or for conducting a lawfully 19 authorized background investigation. 20 d. This subsection shall not prohibit the 21 release of information relating to the validity of a 22 professional permit to carry weapons to an employer who 23 requires an employee or an agent of the employer to 24 possess a professional permit to carry weapons as part 25 of the duties of the employee or agent. 26 e. (1) This subsection shall not prohibit the 27 release of the information described in subparagraph 28 (2) to a member of the public if the person, in writing 29 or in person, requests whether another person has a 30 professional or nonprofessional permit to carry weapons 31 or a permit to acquire. The request must include 32 the name of the other person and at least one of the 33 following identifiers pertaining to the other person: 34 (a) The date of birth of the person. 35 (b) The address of the person. 36 (c) The telephone number of the person, including 37 any landline or wireless numbers. 38 (2) The information released by the department 39 of public safety or issuing officer shall be limited 40 to an acknowledgment as to whether or not the person 41 currently possesses a valid permit to carry weapons or 42 a permit to acquire, the date such permit was issued, 43 and whether the person has ever possessed such a permit 44 that has been revoked or has expired and the date the 45 permit was revoked or expired. No other information 46 shall be released under this paragraph “e” . 47 f. Except as provided in paragraphs “b” , “c” , “d” , 48 or “e” , the release of any confidential information 49 under this section shall require a court order or the 50 -13- SF427.1185 (1) 86 jm/rj 13/ 15

consent of the person whose personally identifiable 1 information is the subject of the information request. 2 Sec. 23. NEW SECTION . 724.29A Fraudulent purchase 3 of firearms or ammunition. 4 1. For purposes of this section: 5 a. “Ammunition” means any cartridge, shell, or 6 projectile designed for use in a firearm. 7 b. “Licensed firearms dealer” means a person who is 8 licensed pursuant to 18 U.S.C. §923 to engage in the 9 business of dealing in firearms. 10 c. “Materially false information” means information 11 that portrays an illegal transaction as legal or a 12 legal transaction as illegal. 13 d. “Private seller” means a person who sells or 14 offers for sale any firearm or ammunition. 15 2. A person who knowingly solicits, persuades, 16 encourages, or entices a licensed firearms dealer or 17 private seller of firearms or ammunition to transfer 18 a firearm or ammunition under circumstances that the 19 person knows would violate the laws of this state or of 20 the United States commits a class “D” felony. 21 3. A person who knowingly provides materially 22 false information to a licensed firearms dealer or 23 private seller of firearms or ammunition with the 24 intent to deceive the firearms dealer or seller about 25 the legality of a transfer of a firearm or ammunition 26 commits a class “D” felony. 27 4. Any person who willfully procures another to 28 engage in conduct prohibited by this section shall be 29 held accountable as a principal. 30 5. This section does not apply to a law enforcement 31 officer acting in the officer’s official capacity 32 or to a person acting at the direction of such law 33 enforcement officer. 34 Sec. 24. NEW SECTION . 724.32 Rules. 35 The department of public safety shall adopt rules 36 pursuant to chapter 17A to administer this chapter. 37 Sec. 25. Section 805.8C, Code 2015, is amended by 38 adding the following new subsections: 39 NEW SUBSECTION . 11. Duty to possess permit to carry 40 weapons. For violations of section 724.4, subsection 41 4, paragraph “i” , subparagraph (2), the scheduled fine 42 is ten dollars. 43 NEW SUBSECTION . 12. Failure to produce permit to 44 carry. For violations of section 724.5, the scheduled 45 fine is ten dollars. 46 Sec. 26. EFFECTIVE UPON ENACTMENT. The following 47 provision or provisions of this Act, being deemed of 48 immediate importance, take effect upon enactment: 49 1. The section of this Act amending section 724.1, 50 -14- SF427.1185 (1) 86 jm/rj 14/ 15