Senate File 427 S-3086 Amend Senate File 427 as follows: 1 1. By striking page 1, line 1, through page 3, line 2 8, 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 or maintains 12 an address of record, that is necessary under federal 13 law for the approval of an application to make or 14 transfer a firearm suppressor. 15 b. “Chief law enforcement officer” means the county 16 sheriff, chief of police, or the designee of such 17 official, that the federal bureau of alcohol, tobacco, 18 firearms and explosives, or any successor agency, has 19 identified by regulation or has determined is otherwise 20 eligible to provide any required certification for 21 making or transferring a firearm suppressor. 22 c. “Firearm suppressor” means a mechanical device 23 specifically constructed and designed so that when 24 attached to a firearm silences, muffles, or suppresses 25 the sound when fired that is considered a “firearm 26 silencer” or “firearm muffler” as defined in 18 U.S.C. 27 §921. 28 2. a. A chief law enforcement officer is not 29 required to make any certification under this section 30 the chief law enforcement officer knows to be false, 31 but the chief law enforcement officer shall not 32 refuse, based on a generalized objection, to issue a 33 certification to make or transfer a firearm suppressor. 34 b. When the certification of the chief law 35 enforcement officer is required by federal law or 36 regulation for making or transferring a firearm 37 suppressor, the chief law enforcement officer 38 shall, within thirty days of receipt of a request 39 for certification, issue such certification if the 40 applicant is not prohibited by law from making or 41 transferring a firearm suppressor or is not the subject 42 of a proceeding that could result in the applicant 43 being prohibited by law from making or transferring 44 the firearm suppressor. If the chief law enforcement 45 officer does not issue a certification as required by 46 this section, the chief law enforcement officer shall 47 provide the applicant with a written notification of 48 the denial and the reason for the denial. 49 c. A certification that has been approved under 50 -1- SF427.1263 (2) 86 jm/rj 1/ 4 #1.

this section grants the person the authority to make 1 or transfer a firearm suppressor as provided by state 2 and federal law. 3 3. An applicant whose request for certification 4 is denied may appeal the decision of the chief law 5 enforcement officer to the district court for the 6 county in which the applicant resides or maintains 7 an address of record. The court shall review the 8 decision of the chief law enforcement officer to deny 9 the certification de novo. If the court finds that 10 the applicant is not prohibited by law from making 11 or transferring the firearm suppressor, or is not the 12 subject of a proceeding that could result in such 13 prohibition, or that no substantial evidence supports 14 the decision of the chief law enforcement officer, the 15 court shall order the chief law enforcement officer 16 to issue the certification and award court costs and 17 reasonable attorney fees to the applicant. If the 18 court determines the applicant is not eligible to be 19 issued a certification, the court shall award court 20 costs and reasonable attorney fees to the political 21 subdivision of the state representing the chief law 22 enforcement officer. 23 4. In making a determination about whether to 24 issue a certification under subsection 2, a chief law 25 enforcement officer may conduct a criminal background 26 check, including an inquiry of the national instant 27 criminal background check system maintained by the 28 federal bureau of investigation or any successor 29 agency, but shall only require the applicant provide 30 as much information as is necessary to identify 31 the applicant for this purpose or to determine the 32 disposition of an arrest or proceeding relevant to the 33 eligibility of the applicant to lawfully possess or 34 receive a firearm suppressor. A chief law enforcement 35 officer shall not require access to or consent 36 to inspect any private premises as a condition of 37 providing a certification under this section. 38 5. A chief law enforcement officer and employees 39 of the chief law enforcement officer who act in good 40 faith are immune from liability arising from any act or 41 omission in making a certification as required by this 42 section. 43 Sec. 3. NEW SECTION . 724.1B Firearm suppressors 44 —— penalty. 45 1. A person shall not possess a firearm suppressor 46 in this state if such possession is knowingly in 47 violation of federal law. 48 2. A person who possesses a firearm suppressor in 49 violation of subsection 1 commits a class “D” felony. > 50 -2- SF427.1263 (2) 86 jm/rj 2/ 4

______________________________ BILL ANDERSON ______________________________ JERRY BEHN ______________________________ RICK BERTRAND ______________________________ MICHAEL BREITBACH ______________________________ JAKE CHAPMAN ______________________________ MARK CHELGREN ______________________________ MARK COSTELLO ______________________________ BILL DIX ______________________________ RANDY FEENSTRA ______________________________ JULIAN GARRETT ______________________________ DENNIS GUTH ______________________________ DAVID JOHNSON ______________________________ TIM L. KAPUCIAN -3- SF427.1263 (2) 86 jm/rj 3/ 4

______________________________ TIM KRAAYENBRINK ______________________________ KEN ROZENBOOM ______________________________ CHARLES SCHNEIDER ______________________________ JASON SCHULTZ ______________________________ MARK SEGEBART ______________________________ TOM SHIPLEY ______________________________ AMY SINCLAIR ______________________________ ROBY SMITH ______________________________ JACK WHITVER ______________________________ BRAD ZAUN ______________________________ DAN ZUMBACH -4- SF427.1263 (2) 86 jm/rj 4/ 4