House File 2314 S-5083 Amend House File 2314, as passed by the House, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 VERIFICATION, TRAINING, AND APPEALS 6 Section 1. Section 724.4, subsection 4, paragraph 7 i, Code 2016, is amended to read as follows: 8 i. (1) A person who has in the person’s immediate 9 possession and who displays to a peace officer on 10 demand a valid permit to carry weapons which has been 11 issued to the person, and whose conduct is within the 12 limits of that permit. A peace officer shall verify 13 through electronic means, if possible, the validity of 14 the person’s permit to carry weapons. 15 (2) A person commits a simple misdemeanor 16 punishable as a scheduled violation pursuant to section 17 805.8C, subsection 11, if the person does not have in 18 the person’s immediate possession a valid permit to 19 carry weapons which has been issued to the person. 20 (3) A Except as provided in subparagraph (2), a 21 person shall not be convicted of a violation of this 22 section if the person produces at the person’s trial a 23 permit to carry weapons which was valid at the time of 24 the alleged offense and which would have brought the 25 person’s conduct within this exception if the permit 26 had been produced at the time of the alleged offense. 27 Sec. 2. Section 724.5, Code 2016, is amended to 28 read as follows: 29 724.5 Duty to carry or verify permit to carry 30 weapons. 31 1. A person armed with a revolver, pistol, or 32 pocket billy concealed upon the person shall have in 33 the person’s immediate possession the permit provided 34 for in section 724.4, subsection 4 , paragraph “i” , and 35 -1- HF2314.3024 (2) 86 jm/rj 1/ 12 #1.

shall produce the permit for inspection at the request 1 of a peace officer. 2 2. A peace officer shall verify through electronic 3 means, if possible, the validity of the person’s permit 4 to carry weapons. 5 3. Failure to so produce a permit is a simple 6 misdemeanor , punishable as a scheduled violation 7 pursuant to section 805.8C, subsection 12 . 8 Sec. 3. Section 724.9, Code 2016, is amended to 9 read as follows: 10 724.9 Firearm training program. 11 1. An applicant for an initial permit to carry 12 weapons shall demonstrate knowledge of firearm safety 13 by any of the following means: 14 a. Completion of any national rifle association 15 handgun safety training course that includes 16 qualification on a firing range . 17 b. Completion of any handgun safety training course 18 that includes qualification on a firing range available 19 to the general public offered by a law enforcement 20 agency, community college, college, private or public 21 institution or organization, or firearms training 22 school, utilizing instructors certified by the national 23 rifle association or the department of public safety 24 or another state’s department of public safety, state 25 police department, or similar certifying body. 26 c. Completion of any handgun safety training course 27 that includes qualification on a firing range offered 28 for security guards, investigators, special deputies, 29 or any division or subdivision of a law enforcement or 30 security enforcement agency approved by the department 31 of public safety. 32 d. Completion of small arms training while serving 33 with the armed forces of the United States as evidenced 34 by any of the following: . 35 -2- HF2314.3024 (2) 86 jm/rj 2/ 12

(1) For personnel released or retired from active 1 duty, possession of an honorable discharge or general 2 discharge under honorable conditions. 3 (2) For personnel on active duty or serving in 4 one of the national guard or reserve components of 5 the armed forces of the United States, possession of 6 a certificate of completion of basic training with a 7 service record of successful completion of small arms 8 training and qualification. 9 e. Completion of a law enforcement agency firearms 10 training course that qualifies a peace officer to carry 11 a firearm in the normal course of the peace officer’s 12 duties. 13 2. a. (1) Beginning with the first renewal of 14 a permit issued after the calendar year 2010, and 15 alternating renewals thereafter, training is not 16 required. 17 (2) If an applicant applies beyond the time 18 period specified for a renewal in section 724.11, the 19 applicant shall be required to complete training as 20 specified in subsection 1. 21 b. (1) Beginning with the second renewal of 22 a permit issued after the calendar year 2010, and 23 alternating renewals thereafter, an applicant is 24 required to complete a handgun safety training course 25 available to the general public offered by a law 26 enforcement agency, community college, college, private 27 or public institution or organization, or firearms 28 training school, utilizing instructors certified by the 29 national rifle association or the department of public 30 safety or another state’s department of public safety, 31 state police department, or similar certifying body. 32 The handgun safety training course may be conducted 33 over the internet in a live or web-based format, if 34 completion of the course is verified by the instructor 35 -3- HF2314.3024 (2) 86 jm/rj 3/ 12

or provider of the course. 1 (2) If an applicant applies beyond the time 2 period specified for a renewal in section 724.11, the 3 applicant shall be required to complete training as 4 specified in subsection 1. 5 2. 3. Evidence If training is required under 6 this section, evidence of qualification under this 7 section such training may be documented by any of the 8 following: 9 a. A photocopy of a certificate of completion or 10 any similar document indicating completion of any 11 course or class identified in subsection 1 that was 12 completed within twenty-four months prior to the date 13 of the application . 14 b. An affidavit from the instructor, school, 15 organization, or group that conducted or taught a 16 course or class identified in subsection 1 that was 17 completed within twenty-four months prior to the date 18 of the application attesting to the completion of the 19 course or class by the applicant. 20 c. A copy of any document indicating participation 21 in any firearms shooting competition. 22 c. Possession of an honorable discharge or general 23 discharge under honorable conditions issued any time 24 prior to the date of the application for personnel 25 released or retired from active duty in the armed 26 forces of the United States. 27 d. Possession of a certificate of completion of 28 basic training with a service record of successful 29 completion of small arms training issued prior 30 to the date of the application, or other official 31 documentation satisfactory to the issuing officer 32 that was issued prior to the date of the application 33 for personnel on active duty or serving in one of 34 the national guard or reserve components of the armed 35 -4- HF2314.3024 (2) 86 jm/rj 4/ 12

forces of the United States. 1 e. The training for a renewal under this subsection 2 must occur within a twenty-four-month period prior 3 to the expiration of the applicant’s current permit, 4 except that the twenty-four-month period limitation for 5 training does not apply to an applicant who is able 6 to demonstrate completion of small arms training as 7 specified in section 724.9, subsection 1, paragraph 8 “d” . 9 3. 4. An issuing officer shall not condition the 10 issuance of a permit on training requirements that are 11 not specified in or that exceed the requirements of 12 this section . 13 Sec. 4. Section 724.11, subsections 1 and 3, Code 14 2016, are amended to read as follows: 15 1. Applications for permits to carry weapons 16 shall be made to the sheriff of the county in which 17 the applicant resides. Applications for professional 18 permits to carry weapons for persons who are 19 nonresidents of the state, or whose need to go armed 20 arises out of employment by the state, shall be made 21 to the commissioner of public safety. In either case, 22 the sheriff or commissioner, before issuing the permit, 23 shall determine that the requirements of sections 24 724.6 to 724.10 have been satisfied. However, for 25 renewal of a permit the training program requirements 26 in section 724.9, subsection 1 , shall apply or the 27 renewal applicant may choose to qualify on a firing 28 range under the supervision of an instructor certified 29 by the national rifle association or the department of 30 public safety or another state’s department of public 31 safety, state police department, or similar certifying 32 body. Such training or qualification must occur within 33 the twelve-month period prior to the expiration of the 34 applicant’s current permit. 35 -5- HF2314.3024 (2) 86 jm/rj 5/ 12

3. The issuing officer shall collect a fee of fifty 1 dollars, except from a duly appointed peace officer or 2 correctional officer, for each permit issued. Renewal 3 permits or duplicate permits shall be issued for a 4 fee of twenty-five dollars, provided the application 5 for such renewal permit is received by the issuing 6 officer at least no later than thirty days prior to 7 after the expiration of the applicant’s current permit. 8 The issuing officer shall notify the commissioner of 9 public safety of the issuance of any permit at least 10 monthly as provided in section 724.11B, and forward to 11 the commissioner an amount equal to ten dollars for 12 each permit issued and five dollars for each renewal 13 or duplicate permit issued. All such fees received 14 by the commissioner shall be paid to the treasurer 15 of state and deposited in the operating account of 16 the department of public safety to offset the cost of 17 administering this chapter . Notwithstanding section 18 8.33 , any unspent balance as of June 30 of each year 19 shall not revert to the general fund of the state. 20 Sec. 5. NEW SECTION . 724.11B Professional and 21 nonprofessional permit to carry weapons —— durable copy. 22 1. Within fourteen days after the sheriff has 23 issued an initial, renewal, or duplicate professional 24 or nonprofessional permit to carry weapons, the sheriff 25 shall transmit the permit holder’s information to 26 the department of public safety. Within thirty days 27 of the permit holder’s information being transmitted 28 to the department of public safety, the department 29 shall issue a more durable copy of the professional or 30 nonprofessional permit to carry weapons to the permit 31 holder. 32 2. The durable copy of the permit shall have a 33 uniform appearance, size, and content prescribed and 34 published by the commissioner of public safety. The 35 -6- HF2314.3024 (2) 86 jm/rj 6/ 12

permit shall contain the name of the permit holder 1 and the effective date of the permit, but shall not 2 contain the permit holder’s social security number or 3 photograph and shall not contain information about a 4 particular weapon or any ammunition as prescribed by 5 section 724.7, subsection 1. 6 3. a. A durable copy of the permit issued pursuant 7 to this section shall be considered a valid permit. 8 b. The initial, renewal, or duplicate permit issued 9 by the sheriff pursuant to section 724.7, subsection 1, 10 shall not be considered a valid permit more than sixty 11 days after issuance. 12 Sec. 6. NEW SECTION . 724.14 Professional and 13 nonprofessional permit —— change of residence to another 14 county. 15 If a permit holder of a professional or 16 nonprofessional permit to carry weapons changes 17 residences from one county to another county after the 18 issuance of the permit, the department of public safety 19 shall by rule specify the procedure to transfer the 20 regulation of the holder’s permit to another sheriff 21 for the purposes of issuing a renewal or duplicate 22 permit, or complying with section 724.13. 23 Sec. 7. Section 724.21A, Code 2016, is amended by 24 adding the following new subsection: 25 NEW SUBSECTION . 8. If an applicant appeals the 26 decision by the sheriff or commissioner to deny an 27 application, or suspend or revoke a permit to carry 28 weapons or a permit to acquire, and it is later 29 determined the applicant is eligible to be issued 30 or possess such a permit, the applicant shall be 31 awarded costs related to the administrative proceeding 32 and reasonable attorney fees if applicable. If the 33 decision of the sheriff or commissioner to deny the 34 application, or suspend or revoke the permit is upheld 35 -7- HF2314.3024 (2) 86 jm/rj 7/ 12

on appeal, the political subdivision of the state 1 representing the sheriff or the commissioner shall be 2 awarded costs related to the administrative proceeding 3 and reasonable attorney fees if applicable. 4 Sec. 8. Section 805.8C, Code 2016, is amended by 5 adding the following new subsections: 6 NEW SUBSECTION . 11. Duty to possess permit to carry 7 weapons. For violations of section 724.4, subsection 8 4, paragraph “i” , subparagraph (2), the scheduled fine 9 is ten dollars. 10 NEW SUBSECTION . 12. Failure to produce permit to 11 carry. For violations of section 724.5, the scheduled 12 fine is ten dollars. 13 DIVISION II 14 CONFIDENTIALITY 15 Sec. 9. Section 724.23, Code 2016, is amended to 16 read as follows: 17 724.23 Records kept by commissioner and issuing 18 officers . 19 1. The commissioner of public safety shall maintain 20 a permanent record of all valid permits to carry 21 weapons and of current permit revocations. 22 2. a. Notwithstanding any other law or rule to 23 the contrary, the commissioner of public safety and 24 any issuing officer shall keep confidential personally 25 identifiable information of applicants and holders 26 of professional and nonprofessional permits to carry 27 weapons and permits to acquire pistols or revolvers, 28 including but not limited to the name, social security 29 number, date of birth, residential or business address, 30 and driver’s license or other identification number of 31 the applicant or permit holder. 32 b. This subsection shall not prohibit the release 33 of statistical information relating to the issuance, 34 denial, revocation, or administration of professional 35 -8- HF2314.3024 (2) 86 jm/rj 8/ 12

and nonprofessional permits to carry weapons and 1 permits to acquire pistols or revolvers, provided that 2 the release of such information does not reveal the 3 identity of any applicant or individual permit 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 probable cause exists, or for conducting a lawfully 9 authorized background investigation. 10 d. This subsection shall not prohibit the 11 release of information relating to the validity of a 12 professional permit to carry weapons to an employer who 13 requires an employee or an agent of the employer to 14 possess a professional permit to carry weapons as part 15 of the duties of the employee or agent. 16 e. (1) (a) This subsection shall not prohibit 17 the release of the information described in 18 subparagraph (2) to a member of the public who requests 19 whether another person possesses a professional or 20 nonprofessional permit to carry weapons or a permit to 21 acquire pistols or revolvers. However, information 22 described in subparagraph (2) regarding a person in 23 whose favor either a no-contact order or a protective 24 order, as defined in section 664A.1, has been issued 25 and is still in effect, shall not be released pursuant 26 to this paragraph “e” , if the person presents the 27 order to the department of public safety or the 28 issuing officer. Prior to the release of information 29 described in subparagraph (2), the member of the public 30 requesting the information shall appear in person and 31 provide in writing to the department of public safety 32 or the issuing officer the name of the member of the 33 public, on a form prescribed by the department of 34 public safety. Alternatively, a member of the public 35 -9- HF2314.3024 (2) 86 jm/rj 9/ 12

may request the information in writing by completing 1 the form prescribed by the department of public 2 safety and transmitting the form to the department or 3 issuing officer. The request must include the name 4 of the other person and at least one of the following 5 identifiers pertaining to the other person: 6 (i) The date of birth of the person. 7 (ii) The address of the person. 8 (iii) The telephone number of the person, including 9 any landline or wireless numbers. 10 (b) (i) Except as provided in subparagraph 11 subdivision (ii), the department or issuing officer 12 shall keep a record of the person making the request. 13 (ii) If a person in whose favor either a no-contact 14 order or a protective order, as defined in section 15 664A.1, has been issued and is still in effect, 16 presents the order to the department of public safety 17 or the issuing officer and requests whether another 18 person who is the subject of the order possesses a 19 professional or nonprofessional permit to carry weapons 20 or a permit to acquire pistols or revolvers under this 21 subparagraph (1), the department or issuing officer 22 shall not keep a record of the person making the 23 request or disclose the name of the person making the 24 request. 25 (2) The information released by the department 26 of public safety or issuing officer shall be limited 27 to an acknowledgment as to whether or not the 28 person currently possesses a valid professional or 29 nonprofessional permit to carry weapons or a permit 30 to acquire pistols or revolvers, the date such permit 31 was issued, and whether the person has ever possessed 32 such a permit that has been revoked or has expired and 33 the date the permit was revoked or expired. No other 34 information shall be released under this paragraph “e” . 35 -10- HF2314.3024 (2) 86 jm/rj 10/ 12

f. Except as provided in paragraphs “b” , “c” , “d” , 1 and “e” , the release of any confidential information 2 under this section shall require a court order or the 3 consent of the person whose personally identifiable 4 information is the subject of the information request. 5 g. The department of public safety shall, by 6 rule, establish a reasonable fee to cover the costs 7 of complying with the release of information requests 8 pursuant to this subsection. 9 Sec. 10. EFFECTIVE UPON ENACTMENT. This division 10 of this Act, being deemed of immediate importance, 11 takes effect upon enactment. 12 Sec. 11. APPLICABILITY. This division of this Act 13 applies to holders of professional and nonprofessional 14 permits to carry weapons and permits to acquire pistols 15 or revolvers and to applicants for professional and 16 nonprofessional permits to carry weapons and permits to 17 acquire pistols or revolvers on or after the effective 18 date of this division of this Act. 19 DIVISION III 20 FRAUDULENT TRANSFER 21 Sec. 12. NEW SECTION . 724.29A Fraudulent transfer 22 of firearms or ammunition. 23 1. For purposes of this section: 24 a. “Ammunition” means any cartridge, shell, or 25 projectile designed for use in a firearm. 26 b. “Licensed firearms dealer” means a person who is 27 licensed pursuant to 18 U.S.C. §923 to engage in the 28 business of dealing in firearms. 29 c. “Materially false information” means information 30 that portrays an illegal transaction as legal or a 31 legal transaction as illegal. 32 d. “Private seller” means a person who sells or 33 offers for sale any firearm or ammunition. 34 2. A person who knowingly solicits, persuades, 35 -11- HF2314.3024 (2) 86 jm/rj 11/ 12

encourages, or entices a licensed firearms dealer or 1 private seller of firearms or ammunition to transfer 2 a firearm or ammunition under circumstances that the 3 person knows would violate the laws of this state or of 4 the United States commits a class “D” felony. 5 3. A person who knowingly provides materially 6 false information to a licensed firearms dealer or 7 private seller of firearms or ammunition with the 8 intent to deceive the firearms dealer or seller about 9 the legality of a transfer of a firearm or ammunition 10 commits a class “D” felony. 11 4. Any person who willfully procures another to 12 engage in conduct prohibited by this section shall be 13 held accountable as a principal. 14 5. This section does not apply to a law enforcement 15 officer acting in the officer’s official capacity 16 or to a person acting at the direction of such law 17 enforcement officer. 18 DIVISION IV 19 RULES 20 Sec. 13. NEW SECTION . 724.32 Rules. 21 The department of public safety shall adopt rules 22 pursuant to chapter 17A to administer this chapter. > 23 ______________________________ COMMITTEE ON JUDICIARY STEVEN J. SODDERS, CHAIRPERSON -12- HF2314.3024 (2) 86 jm/rj 12/ 12