House Amendment to Senate File 427 S-3117 Amend Senate File 427, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 724.1, subsection 1, paragraph 5 h, Code 2015, is amended by striking the paragraph. 6 Sec. 2. NEW SECTION . 724.1A Firearm suppressors 7 —— certification. 8 1. As used in this section, unless the context 9 otherwise requires: 10 a. “Certification” means the participation and 11 assent of the chief law enforcement officer of the 12 jurisdiction where the applicant resides or maintains 13 an address of record, that is necessary under federal 14 law for the approval of an application to make or 15 transfer a firearm suppressor. 16 b. “Chief law enforcement officer” means the county 17 sheriff, chief of police, or the designee of such 18 official, that the federal bureau of alcohol, tobacco, 19 firearms and explosives, or any successor agency, has 20 identified by regulation or has determined is otherwise 21 eligible to provide any required certification for 22 making or transferring a firearm suppressor. 23 c. “Firearm suppressor” means a mechanical device 24 specifically constructed and designed so that when 25 attached to a firearm silences, muffles, or suppresses 26 the sound when fired that is considered a “firearm 27 silencer” or “firearm muffler” as defined in 18 U.S.C. 28 §921. 29 2. a. A chief law enforcement officer is not 30 required to make any certification under this section 31 the chief law enforcement officer knows to be false, 32 but the chief law enforcement officer shall not 33 refuse, based on a generalized objection, to issue a 34 certification to make or transfer a firearm suppressor. 35 b. When the certification of the chief law 36 enforcement officer is required by federal law or 37 regulation for making or transferring a firearm 38 suppressor, the chief law enforcement officer 39 shall, within thirty days of receipt of a request 40 for certification, issue such certification if the 41 applicant is not prohibited by law from making or 42 transferring a firearm suppressor or is not the subject 43 of a proceeding that could result in the applicant 44 being prohibited by law from making or transferring 45 the firearm suppressor. If the chief law enforcement 46 officer does not issue a certification as required by 47 this section, the chief law enforcement officer shall 48 provide the applicant with a written notification of 49 the denial and the reason for the denial. 50 -1- SF427.1410.H (1) 86 md 1/ 14 #1.
c. A certification that has been approved under 1 this section grants the person the authority to make 2 or transfer a firearm suppressor as provided by state 3 and federal law. 4 3. An applicant whose request for certification 5 is denied may appeal the decision of the chief law 6 enforcement officer to the district court for the 7 county in which the applicant resides or maintains 8 an address of record. The court shall review the 9 decision of the chief law enforcement officer to deny 10 the certification de novo. If the court finds that 11 the applicant is not prohibited by law from making 12 or transferring the firearm suppressor, or is not the 13 subject of a proceeding that could result in such 14 prohibition, or that no substantial evidence supports 15 the decision of the chief law enforcement officer, the 16 court shall order the chief law enforcement officer 17 to issue the certification and award court costs and 18 reasonable attorney fees to the applicant. If the 19 court determines the applicant is not eligible to be 20 issued a certification, the court shall award court 21 costs and reasonable attorney fees to the political 22 subdivision of the state representing the chief law 23 enforcement officer. 24 4. In making a determination about whether to 25 issue a certification under subsection 2, a chief law 26 enforcement officer may conduct a criminal background 27 check, including an inquiry of the national instant 28 criminal background check system maintained by the 29 federal bureau of investigation or any successor 30 agency, but shall only require the applicant provide 31 as much information as is necessary to identify 32 the applicant for this purpose or to determine the 33 disposition of an arrest or proceeding relevant to the 34 eligibility of the applicant to lawfully possess or 35 receive a firearm suppressor. A chief law enforcement 36 officer shall not require access to or consent 37 to inspect any private premises as a condition of 38 providing a certification under this section. 39 5. A chief law enforcement officer and employees 40 of the chief law enforcement officer who act in good 41 faith are immune from liability arising from any act or 42 omission in making a certification as required by this 43 section. 44 Sec. 3. NEW SECTION . 724.1B Firearm suppressors 45 —— penalty. 46 1. A person shall not possess a firearm suppressor 47 in this state if such possession is knowingly in 48 violation of federal law. 49 2. A person who possesses a firearm suppressor in 50 -2- SF427.1410.H (1) 86 md 2/ 14
violation of subsection 1 commits a class “D” felony. 1 Sec. 4. Section 724.4, subsection 4, paragraph i, 2 Code 2015, is amended to read as follows: 3 i. (1) A person who has in the person’s immediate 4 possession and who displays to a peace officer on 5 demand a valid permit to carry weapons which has been 6 issued to the person, and whose conduct is within the 7 limits of that permit. A peace officer shall verify 8 through electronic means, if possible, the validity of 9 the person’s permit to carry weapons. 10 (2) A person commits a simple misdemeanor 11 punishable as a scheduled violation pursuant to section 12 805.8C, subsection 11, if the person does not have in 13 the person’s immediate possession a valid permit to 14 carry weapons which has been issued to the person. 15 (3) A Except as provided subparagraph (2), a 16 person shall not be convicted of a violation of this 17 section if the person produces at the person’s trial a 18 permit to carry weapons which was valid at the time of 19 the alleged offense and which would have brought the 20 person’s conduct within this exception if the permit 21 had been produced at the time of the alleged offense. 22 Sec. 5. Section 724.4B, subsection 2, paragraph a, 23 Code 2015, is amended to read as follows: 24 a. A person listed under section 724.4, subsection 25 4 , paragraphs “b” through “f” or “j” , or a certified 26 peace officer as specified in section 724.6, subsection 27 1 . 28 Sec. 6. Section 724.5, Code 2015, is amended to 29 read as follows: 30 724.5 Duty to carry or verify permit to carry 31 weapons. 32 1. A person armed with a revolver, pistol, or 33 pocket billy concealed upon the person shall have in 34 the person’s immediate possession the permit provided 35 for in section 724.4, subsection 4 , paragraph “i” , and 36 shall produce the permit for inspection at the request 37 of a peace officer. 38 2. A peace officer shall verify through electronic 39 means, if possible, the validity of the person’s permit 40 to carry weapons. 41 3. Failure to so produce a permit is a simple 42 misdemeanor , punishable as a scheduled violation 43 pursuant to section 805.8C, subsection 12 . 44 Sec. 7. Section 724.6, subsection 1, Code 2015, is 45 amended to read as follows: 46 1. A person may be issued a permit to carry weapons 47 when the person’s employment in a private investigation 48 business or private security business licensed under 49 chapter 80A , or a person’s employment as a peace 50 -3- SF427.1410.H (1) 86 md 3/ 14
officer, correctional officer, security guard, bank 1 messenger or other person transporting property of a 2 value requiring security, or in police work, reasonably 3 justifies that person going armed. The permit shall be 4 on a form prescribed and published by the commissioner 5 of public safety, shall identify the holder, and 6 shall state the nature of the employment requiring the 7 holder to go armed. A permit so issued, other than to 8 a peace officer, shall authorize the person to whom 9 it is issued to go armed anywhere in the state, only 10 while engaged in the employment, and while going to and 11 from the place of the employment. A permit issued to 12 a certified peace officer shall authorize that peace 13 officer to go armed anywhere in the state , including 14 a school as provided in section 724.4B, at all times. 15 Permits shall expire twelve months after the date when 16 issued except that permits issued to peace officers and 17 correctional officers are valid through the officer’s 18 period of employment unless otherwise canceled. When 19 the employment is terminated, the holder of the 20 permit shall surrender it to the issuing officer for 21 cancellation. 22 Sec. 8. Section 724.7, subsection 1, Code 2015, is 23 amended to read as follows: 24 1. Any person who is not disqualified under 25 section 724.8 , who satisfies the training requirements 26 of section 724.9 , if applicable, and who files an 27 application in accordance with section 724.10 shall be 28 issued a nonprofessional permit to carry weapons. Such 29 permits shall be on a form prescribed and published 30 by the commissioner of public safety, which shall be 31 readily distinguishable from the professional permit, 32 and shall identify the holder of the permit. Such 33 permits shall not be issued for a particular weapon 34 and shall not contain information about a particular 35 weapon including the make, model, or serial number of 36 the weapon or any ammunition used in that weapon. All 37 permits so issued shall be for a period of five years 38 and shall be valid throughout the state except where 39 the possession or carrying of a firearm is prohibited 40 by state or federal law. 41 Sec. 9. Section 724.9, Code 2015, is amended by 42 adding the following new subsection: 43 NEW SUBSECTION . 1A. The handgun safety training 44 course required in subsection 1 may be conducted 45 over the internet in a live or web-based format, if 46 completion of the course is verified by the instructor 47 or provider of the course. 48 Sec. 10. Section 724.11, subsections 1 and 3, Code 49 2015, are amended to read as follows: 50 -4- SF427.1410.H (1) 86 md 4/ 14
1. a. Applications for permits to carry weapons 1 shall be made to the sheriff of the county in which 2 the applicant resides. Applications for professional 3 permits to carry weapons for persons who are 4 nonresidents of the state, or whose need to go armed 5 arises out of employment by the state, shall be made 6 to the commissioner of public safety. In either case, 7 the sheriff or commissioner, before issuing the permit, 8 shall determine that the requirements of sections 724.6 9 to 724.10 have been satisfied. However, for renewal of 10 a permit the training program requirements in section 11 724.9, subsection 1, do not apply to an applicant 12 who is able to demonstrate completion of small arms 13 training as specified in section 724.9, subsection 1, 14 paragraph “d” . For all other applicants the training 15 program requirements of section 724.9, subsection 1, 16 must be satisfied within the twenty-four-month period 17 prior to the date of the application for the issuance 18 of a permit. 19 b. (1) Prior to issuing a renewal, the sheriff 20 or commissioner shall determine the requirements of 21 sections 724.6, 724.7, 724.8, and 724.10 and either of 22 the following, as applicable, have been satisfied: 23 (a) Beginning with the first renewal of a permit 24 issued after the calendar year 2010, and alternating 25 renewals thereafter, if a renewal applicant applies 26 within thirty days prior to the expiration of the 27 permit or within thirty days after expiration of the 28 permit, the training program requirements of section 29 724.9, subsection 1, do not apply. 30 (b) Beginning with the second renewal of a permit 31 issued after the calendar year 2010, and alternating 32 renewals thereafter, if a renewal applicant applies 33 within thirty days prior to the expiration of the 34 permit or within thirty days after expiration of the 35 permit, a renewal applicant shall qualify for renewal 36 by taking an online training course certified by the 37 national rifle association or the Iowa law enforcement 38 academy, and the training program requirements of 39 section 724.9, subsection 1, do not apply. 40 (2) If any renewal applicant applies more than 41 thirty days after the expiration of the permit, the 42 permit requirements of paragraph “a” apply to the 43 applicant, and any subsequent renewal of this permit 44 shall be considered a first renewal for purposes 45 of subparagraph (1). However, the training program 46 requirements of section 724.9, subsection 1, do not 47 apply to an applicant who is able to demonstrate 48 completion of small arms training as specified in 49 section 724.9, subsection 1, paragraph “d” . For all 50 -5- SF427.1410.H (1) 86 md 5/ 14
other applicants, in lieu of the training program 1 requirements of section 724.9, subsection 1, the 2 renewal applicant may choose to qualify on a firing 3 range under the supervision of an instructor certified 4 by the national rifle association or the department of 5 public safety or another state’s department of public 6 safety, state police department, or similar certifying 7 body. 8 (3) As an alternative to subparagraph (1), and if 9 the requirements of sections 724.6, 724.7, 724.8, and 10 724.10 have been satisfied, a renewal applicant may 11 choose to qualify, at any renewal, under the training 12 program requirements in section 724.9, subsection 1 , 13 shall apply or the renewal applicant may choose to 14 qualify on a firing range under the supervision of an 15 instructor certified by the national rifle association 16 or the department of public safety or another 17 state’s department of public safety, state police 18 department, or similar certifying body. Such training 19 or qualification must occur within the twelve-month 20 twenty-four-month period prior to the expiration 21 of the applicant’s current permit , except that the 22 twenty-four-month time period limitation for training 23 or qualification does not apply to an applicant who is 24 able to demonstrate completion of small arms training 25 as specified in section 724.9, subsection 1, paragraph 26 “d” . 27 3. The issuing officer shall collect a fee of fifty 28 dollars, except from a duly appointed peace officer or 29 correctional officer, for each permit issued. Renewal 30 permits or duplicate permits shall be issued for a fee 31 of twenty-five dollars, provided the application for 32 such renewal permit is received by the issuing officer 33 at least within thirty days prior to the expiration 34 of the applicant’s current permit or within thirty 35 days after such expiration . The issuing officer 36 shall notify the commissioner of public safety of the 37 issuance of any permit at least monthly and forward to 38 the commissioner an amount equal to ten dollars for 39 each permit issued and five dollars for each renewal 40 or duplicate permit issued. All such fees received 41 by the commissioner shall be paid to the treasurer 42 of state and deposited in the operating account of 43 the department of public safety to offset the cost of 44 administering this chapter . Notwithstanding section 45 8.33 , any unspent balance as of June 30 of each year 46 shall not revert to the general fund of the state. 47 Sec. 11. Section 724.11, Code 2015, is amended by 48 adding the following new subsection: 49 NEW SUBSECTION . 5. The initial or renewal permit 50 -6- SF427.1410.H (1) 86 md 6/ 14
shall have a uniform appearance, size, and content 1 prescribed and published by the commissioner of public 2 safety. The permit shall contain the name of the 3 permittee and the effective date of the permit, but 4 shall not contain the permittee’s social security 5 number. Such a permit shall not be issued for a 6 particular weapon and shall not contain information 7 about a particular weapon including the make, model, 8 or serial number of the weapon, or any ammunition used 9 in that weapon. 10 Sec. 12. Section 724.11A, Code 2015, is amended to 11 read as follows: 12 724.11A Recognition. 13 A valid permit or license issued by another state to 14 any nonresident of this state shall be considered to 15 be a valid permit or license to carry weapons issued 16 pursuant to this chapter , except that such permit or 17 license shall not be considered to be a substitute for 18 an annual a permit to acquire pistols or revolvers 19 issued pursuant to section 724.15 this chapter . 20 Sec. 13. Section 724.15, subsections 1, 2, and 3, 21 Code 2015, are amended to read as follows: 22 1. Any person who desires to acquire ownership of 23 any pistol or revolver shall first obtain an annual 24 a permit. An annual A permit shall be issued upon 25 request to any resident of this state unless the person 26 is subject to any of the following: 27 a. Is less than twenty-one years of age. 28 b. Is subject to the provisions of section 724.26 . 29 c. Is prohibited by federal law from shipping, 30 transporting, possessing, or receiving a firearm. 31 2. Any person who acquires ownership of a pistol or 32 revolver shall not be required to obtain an annual a 33 permit if any of the following apply: 34 a. The person transferring the pistol or revolver 35 and the person acquiring the pistol or revolver are 36 licensed firearms dealers under federal law. 37 b. The pistol or revolver acquired is an antique 38 firearm, a collector’s item, a device which is not 39 designed or redesigned for use as a weapon, a device 40 which is designed solely for use as a signaling, 41 pyrotechnic, line-throwing, safety, or similar device, 42 or a firearm which is unserviceable by reason of being 43 unable to discharge a shot by means of an explosive 44 and is incapable of being readily restored to a firing 45 condition. 46 c. The person acquiring the pistol or revolver is 47 authorized to do so on behalf of a law enforcement 48 agency. 49 d. The person has obtained a valid permit to carry 50 -7- SF427.1410.H (1) 86 md 7/ 14
weapons, as provided in section 724.11 . 1 e. The person transferring the pistol or revolver 2 and the person acquiring the pistol or revolver 3 are related to one another within the second degree 4 of consanguinity or affinity unless the person 5 transferring the pistol or revolver knows that the 6 person acquiring the pistol or revolver would be 7 disqualified from obtaining a permit. 8 3. The annual permit to acquire pistols or 9 revolvers shall authorize the permit holder to acquire 10 one or more pistols or revolvers during the period 11 that the permit remains valid. If the issuing officer 12 determines that the applicant has become disqualified 13 under the provisions of subsection 1 , the issuing 14 officer may immediately revoke the permit and shall 15 provide a written statement of the reasons for 16 revocation, and the applicant shall have the right to 17 appeal the revocation as provided in section 724.21A . 18 Sec. 14. Section 724.16, Code 2015, is amended to 19 read as follows: 20 724.16 Annual permit Permit to acquire required —— 21 transfer prohibited. 22 1. Except as otherwise provided in section 724.15, 23 subsection 2 , a person who acquires ownership of a 24 pistol or revolver without a valid annual permit to 25 acquire pistols or revolvers or a person who transfers 26 ownership of a pistol or revolver to a person who does 27 not have in the person’s possession a valid annual 28 permit to acquire pistols or revolvers is guilty of an 29 aggravated misdemeanor. 30 2. A person who transfers ownership of a pistol 31 or revolver to a person that the transferor knows is 32 prohibited by section 724.15 from acquiring ownership 33 of a pistol or revolver commits a class “D” felony. 34 Sec. 15. Section 724.17, Code 2015, is amended to 35 read as follows: 36 724.17 Application for annual permit to acquire —— 37 criminal history check required. 38 1. The application for an annual a permit to 39 acquire pistols or revolvers may be made to the sheriff 40 of the county of the applicant’s residence and shall be 41 on a form prescribed and published by the commissioner 42 of public safety. 43 a. The If an applicant is a United States citizen, 44 the application shall require only the full name of 45 the applicant, the driver’s license or nonoperator’s 46 identification card number of the applicant, the 47 residence of the applicant, and the date and place of 48 birth of the applicant. 49 b. If the applicant is not a United States citizen, 50 -8- SF427.1410.H (1) 86 md 8/ 14
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 c. The applicant shall also display an 8 identification card that bears a distinguishing number 9 assigned to the cardholder, the full name, date of 10 birth, sex, residence address, and brief description 11 and colored photograph of the cardholder, or other 12 identification as specified by rule of the department 13 of public safety. 14 2. The sheriff shall conduct a criminal history 15 check concerning each applicant by obtaining criminal 16 history data from the department of public safety 17 which shall include an inquiry of the national instant 18 criminal background check system maintained by the 19 federal bureau of investigation or any successor agency 20 and an immigration alien query through a database 21 maintained by the United States immigration and customs 22 enforcement or any successor agency if the applicant is 23 not a United States citizen . 24 3. A person who makes what the person knows to be 25 a false statement of material fact on an application 26 submitted under this section or who submits what the 27 person knows to be any materially falsified or forged 28 documentation in connection with such an application 29 commits a class “D” felony. 30 Sec. 16. Section 724.18, Code 2015, is amended to 31 read as follows: 32 724.18 Procedure for making application for annual 33 permit to acquire. 34 A person may personally request the sheriff to 35 mail an application for an annual a permit to acquire 36 pistols or revolvers, and the sheriff shall immediately 37 forward to such person an application for an annual 38 a permit to acquire pistols or revolvers. A person 39 shall upon completion of the application personally 40 deliver file such application to with the sheriff who 41 shall note the period of validity on the application 42 and shall immediately issue the annual permit to 43 acquire pistols or revolvers to the applicant. For the 44 purposes of this section the date of application shall 45 be the date on which the sheriff received the completed 46 application. 47 Sec. 17. Section 724.19, Code 2015, is amended to 48 read as follows: 49 724.19 Issuance of annual permit to acquire. 50 -9- SF427.1410.H (1) 86 md 9/ 14
The annual permit to acquire pistols or revolvers 1 shall be issued to the applicant immediately upon 2 completion of the application unless the applicant is 3 disqualified under the provisions of section 724.15 and 4 or 724.17. The permit shall be on a form have a 5 uniform appearance, size, and content prescribed and 6 published by the commissioner of public safety. The 7 permit shall contain the name of the permittee , the 8 residence of the permittee, and the effective date 9 of the permit , but shall not contain the permittee’s 10 social security number . Such a permit shall not be 11 issued for a particular pistol or revolver and shall 12 not contain information about a particular pistol or 13 revolver including the make, model, or serial number of 14 the pistol or revolver, or any ammunition used in such 15 a pistol or revolver. 16 Sec. 18. Section 724.20, Code 2015, is amended to 17 read as follows: 18 724.20 Validity of annual permit to acquire pistols 19 or revolvers. 20 The permit shall be valid throughout the state and 21 shall be valid three days after the date of application 22 and shall be invalid one year five years after the date 23 of application. 24 Sec. 19. Section 724.21A, subsections 1 and 7, Code 25 2015, are amended to read as follows: 26 1. In any case where the sheriff or the 27 commissioner of public safety denies an application 28 for or suspends or revokes a permit to carry weapons 29 or an annual a permit to acquire pistols or revolvers, 30 the sheriff or commissioner shall provide a written 31 statement of the reasons for the denial, suspension, 32 or revocation and the applicant or permit holder 33 shall have the right to appeal the denial, suspension, 34 or revocation to an administrative law judge in the 35 department of inspections and appeals within thirty 36 days of receiving written notice of the denial, 37 suspension, or revocation. 38 7. In any case where the issuing officer denies an 39 application for, or suspends or revokes a permit to 40 carry weapons or an annual a permit to acquire pistols 41 or revolvers solely because of an adverse determination 42 by the national instant criminal background check 43 system, the applicant or permit holder shall not seek 44 relief under this section but may pursue relief of 45 the national instant criminal background check system 46 determination pursuant to Pub. L. No. 103-159, sections 47 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other 48 applicable law. The outcome of such proceedings shall 49 be binding on the issuing officer. 50 -10- SF427.1410.H (1) 86 md 10/ 14
Sec. 20. Section 724.21A, Code 2015, is amended by 1 adding the following new subsection: 2 NEW SUBSECTION . 8. If an applicant appeals the 3 decision by the sheriff or commissioner to deny an 4 application, or suspend or revoke a permit to carry 5 weapons or a permit to acquire, and it is later 6 determined the applicant is eligible to be issued or 7 possess such a permit, the applicant shall be awarded 8 court costs and reasonable attorney fees. If the 9 decision of the sheriff or commission to deny the 10 application, or suspend or revoke the permit is upheld 11 on appeal, the political subdivision of the state 12 representing the sheriff or the commissioner shall be 13 awarded court costs and reasonable attorney fees. 14 Sec. 21. Section 724.22, subsection 5, Code 2015, 15 is amended to read as follows: 16 5. A parent or guardian or spouse who is twenty-one 17 years of age or older, of a person fourteen years of 18 age but less than below the age of twenty-one may 19 allow the person to possess a pistol or revolver or 20 the ammunition therefor for any lawful purpose while 21 under the direct supervision of the parent or guardian 22 or spouse who is twenty-one years of age or older, or 23 while the person receives instruction in the proper use 24 thereof from an instructor twenty-one years of age or 25 older, with the consent of such parent, guardian or 26 spouse. 27 Sec. 22. Section 724.23, Code 2015, is amended to 28 read as follows: 29 724.23 Records kept by commissioner and issuing 30 officers . 31 1. a. The commissioner of public safety shall 32 maintain a permanent record of all valid permits to 33 carry weapons and of current permit revocations. 34 b. The permanent record shall be kept in a 35 searchable database that is accessible on a statewide 36 basis for the circumstances described in subsection 2, 37 paragraph “b” , “c” , “d” , or “e” . 38 2. a. Notwithstanding any other law or rule to 39 the contrary, the commissioner of public safety and 40 any issuing officer shall keep confidential personally 41 identifiable information of holders of permits to 42 carry weapons and permits to acquire, including but not 43 limited to the name, social security number, date of 44 birth, residential or business address, and driver’s 45 license or other identification number of the applicant 46 or permit holder. 47 b. This subsection shall not prohibit the 48 release of statistical information relating to the 49 issuance, denial, revocation, or administration of 50 -11- SF427.1410.H (1) 86 md 11/ 14
nonprofessional permits to carry weapons and permits to 1 acquire, provided that the release of such information 2 does not reveal the identity of any individual permit 3 holder. 4 c. This subsection shall not prohibit the release 5 of information to any law enforcement agency or any 6 employee or agent thereof when necessary for the 7 purpose of investigating a possible violation of law 8 and when probable cause exists, or to determine the 9 validity of a permit, or for conducting a lawfully 10 authorized background investigation. 11 d. This subsection shall not prohibit the 12 release of information relating to the validity of a 13 professional permit to carry weapons to an employer who 14 requires an employee or an agent of the employer to 15 possess a professional permit to carry weapons as part 16 of the duties of the employee or agent. 17 e. (1) This subsection shall not prohibit the 18 release of the information described in subparagraph 19 (3) to a member of the public if the person, in writing 20 or in person, requests whether another person has a 21 professional or nonprofessional permit to carry weapons 22 or a permit to acquire. The request must include 23 the name of the other person and at least one of the 24 following identifiers pertaining to the other person: 25 (a) The date of birth of the person. 26 (b) The address of the person. 27 (c) The telephone number of the person, including 28 any landline or wireless numbers. 29 (2) Prior to the release of information under this 30 paragraph “e” , the member of the public requesting the 31 information shall provide the department of public 32 safety or issuing officer with the name of the person 33 requesting the information and the reason for the 34 request in writing even if the person appears in person 35 to request such information. The department or issuing 36 officer shall keep a record of the person making the 37 request and the reason for such a request. 38 (3) 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 -12- SF427.1410.H (1) 86 md 12/ 14
consent of the person whose personally identifiable 1 information is the subject of the information request. 2 Sec. 23. Section 724.27, subsection 1, unnumbered 3 paragraph 1, Code 2015, is amended to read as follows: 4 The provisions of section 724.8 , section 724.15, 5 subsection 1 2 , and section 724.26 shall not apply to 6 a person who is eligible to have the person’s civil 7 rights regarding firearms restored under section 914.7 8 if any of the following occur: 9 Sec. 24. NEW SECTION . 724.29A Fraudulent purchase 10 of firearms or ammunition. 11 1. For purposes of this section: 12 a. “Ammunition” means any cartridge, shell, or 13 projectile designed for use in a firearm. 14 b. “Licensed firearms dealer” means a person who is 15 licensed pursuant to 18 U.S.C. §923 to engage in the 16 business of dealing in firearms. 17 c. “Materially false information” means information 18 that portrays an illegal transaction as legal or a 19 legal transaction as illegal. 20 d. “Private seller” means a person who sells or 21 offers for sale any firearm or ammunition. 22 2. A person who knowingly solicits, persuades, 23 encourages, or entices a licensed firearms dealer or 24 private seller of firearms or ammunition to transfer 25 a firearm or ammunition under circumstances that the 26 person knows would violate the laws of this state or of 27 the United States commits a class “D” felony. 28 3. A person who knowingly provides materially 29 false information to a licensed firearms dealer or 30 private seller of firearms or ammunition with the 31 intent to deceive the firearms dealer or seller about 32 the legality of a transfer of a firearm or ammunition 33 commits a class “D” felony. 34 4. Any person who willfully procures another to 35 engage in conduct prohibited by this section shall be 36 held accountable as a principal. 37 5. This section does not apply to a law enforcement 38 officer acting in the officer’s official capacity 39 or to a person acting at the direction of such law 40 enforcement officer. 41 Sec. 25. NEW SECTION . 724.32 Rules. 42 The department of public safety shall adopt rules 43 pursuant to chapter 17A to administer this chapter. 44 Sec. 26. Section 805.8C, Code 2015, is amended by 45 adding the following new subsections: 46 NEW SUBSECTION . 11. Duty to possess permit to carry 47 weapons. For violations of section 724.4, subsection 48 4, paragraph “i” , subparagraph (2), the scheduled fine 49 is ten dollars. 50 -13- SF427.1410.H (1) 86 md 13/ 14
NEW SUBSECTION . 12. Failure to produce permit to 1 carry. For violations of section 724.5, the scheduled 2 fine is ten dollars. 3 Sec. 27. EFFECTIVE UPON ENACTMENT. The following 4 provision or provisions of this Act, being deemed of 5 immediate importance, take effect upon enactment: 6 1. The section of this Act amending section 724.1, 7 subsection 1, paragraph “h”. 8 2. The section of this Act enacting new section 9 724.1A. 10 3. The section of this Act amending section 724.22. 11 4. The section of this Act amending section 724.23, 12 subsection 2. 13 5. The section of this Act amending section 14 724.29A. 15 6. The applicability section of this Act. 16 Sec. 28. APPLICABILITY. The section of this 17 Act amending section 724.23 applies to holders of 18 nonprofessional permits to carry weapons and permits to 19 acquire firearms and to applicants for nonprofessional 20 permits to carry weapons and permits to acquire 21 firearms on or after the effective date of that section 22 of this Act. > 23 2. Title page, by striking lines 1 and 2 and 24 inserting < An Act relating to the manufacture, 25 acquisition, sale, and use of firearms and suppressors, 26 providing penalties, and including effective date and 27 applicability provisions. > 28 -14- SF427.1410.H (1) 86 md 14/ 14