S-5083

   Amend House File 2314, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
VERIFICATION, TRAINING, AND APPEALS

   Section 1.  Section 724.4, subsection 4, paragraph i, Code 2016, is amended to read as follows:
   i.  (1)  A person who has in the person’s immediate possession and who displays to a peace officer on demand a valid permit to carry weapons which has been issued to the person, and whose conduct is within the limits of that permit.  A peace officer shall verify through electronic means, if possible, the validity of the person’s permit to carry weapons.
   (2)  A person commits a simple misdemeanor punishable as a scheduled violation pursuant to section 805.8C, subsection 11, if the person does not have in the person’s immediate possession a valid permit to carry weapons which has been issued to the person.
   (3)  A Except as provided in subparagraph (2), a person shall not be convicted of a violation of this section if the person produces at the person’s trial a permit to carry weapons which was valid at the time of the alleged offense and which would have brought the person’s conduct within this exception if the permit had been produced at the time of the alleged offense.
   Sec. 2.  Section 724.5, Code 2016, is amended to read as follows:
   724.5  Duty to carry or verify permit to carry weapons.
   1.  A person armed with a revolver, pistol, or pocket billy concealed upon the person shall have in the person’s immediate possession the permit provided for in section 724.4, subsection 4, paragraph “i”, and shall produce the permit for inspection at the request of a peace officer.
   2.  A peace officer shall verify through electronic means, if possible, the validity of the person’s permit to carry weapons.
   3.  Failure to so produce a permit is a simple misdemeanor, punishable as a scheduled violation pursuant to section 805.8C, subsection 12.
   Sec. 3.  Section 724.9, Code 2016, is amended to read as follows:
   724.9  Firearm training program.
   1.  An applicant for an initial permit to carry weapons shall demonstrate knowledge of firearm safety by any of the following means:
   a.  Completion of any national rifle association handgun safety training course that includes qualification on a firing range.
   b.  Completion of any handgun safety training course that includes qualification on a firing range available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body.
   c.  Completion of any handgun safety training course that includes qualification on a firing range offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement or security enforcement agency approved by the department of public safety.
   d.  Completion of small arms training while serving with the armed forces of the United States as evidenced by any of the following:.
   (1)  For personnel released or retired from active duty, possession of an honorable discharge or general discharge under honorable conditions.
   (2)  For personnel on active duty or serving in one of the national guard or reserve components of the armed forces of the United States, possession of a certificate of completion of basic training with a service record of successful completion of small arms training and qualification.
   e.  Completion of a law enforcement agency firearms training course that qualifies a peace officer to carry a firearm in the normal course of the peace officer’s duties.
   2.  a.  (1)  Beginning with the first renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, training is not required.
   (2)  If an applicant applies beyond the time period specified for a renewal in section 724.11, the applicant shall be required to complete training as specified in subsection 1.
   b.  (1)  Beginning with the second renewal of a permit issued after the calendar year 2010, and alternating renewals thereafter, an applicant is required to complete a handgun safety training course available to the general public offered by a law enforcement agency, community college, college, private or public institution or organization, or firearms training school, utilizing instructors certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. The handgun safety training course may be conducted over the internet in a live or web-based format, if completion of the course is verified by the instructor or provider of the course.
   (2)  If an applicant applies beyond the time period specified for a renewal in section 724.11, the applicant shall be required to complete training as specified in subsection 1.
   2.  3.  Evidence If training is required under this section, evidence of qualification under this section such training may be documented by any of the following:
   a.  A photocopy of a certificate of completion or any similar document indicating completion of any course or class identified in subsection 1 that was completed within twenty-four months prior to the date of the application.
   b.  An affidavit from the instructor, school, organization, or group that conducted or taught a course or class identified in subsection 1 that was completed within twenty-four months prior to the date of the application attesting to the completion of the course or class by the applicant.
   c.  A copy of any document indicating participation in any firearms shooting competition.
   c.  Possession of an honorable discharge or general discharge under honorable conditions issued any time prior to the date of the application for personnel released or retired from active duty in the armed forces of the United States. 
   d.  Possession of a certificate of completion of basic training with a service record of successful completion of small arms training issued prior to the date of the application, or other official documentation satisfactory to the issuing officer that was issued prior to the date of the application for personnel on active duty or serving in one of the national guard or reserve components of the armed forces of the United States.
   e.  The training for a renewal under this subsection must occur within a twenty-four-month period prior to the expiration of the applicant’s current permit, except that the twenty-four-month period limitation for training does not apply to an applicant who is able to demonstrate completion of small arms training as specified in section 724.9, subsection 1, paragraph “d”.
   3.  4.  An issuing officer shall not condition the issuance of a permit on training requirements that are not specified in or that exceed the requirements of this section.
   Sec. 4.  Section 724.11, subsections 1 and 3, Code 2016, are amended to read as follows:
   1.  Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications for professional permits to carry weapons for persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the sheriff or commissioner, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, for renewal of a permit the training program requirements in section 724.9, subsection 1, shall apply or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. Such training or qualification must occur within the twelve-month period prior to the expiration of the applicant’s current permit.
   3.  The issuing officer shall collect a fee of fifty dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of twenty-five dollars, provided the application for such renewal permit is received by the issuing officer at least no later than thirty days prior to after the expiration of the applicant’s current permit. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly as provided in section 724.11B, and forward to the commissioner an amount equal to ten dollars for each permit issued and five dollars for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Notwithstanding section 8.33, any unspent balance as of June 30 of each year shall not revert to the general fund of the state.
   Sec. 5.  NEW SECTION.  724.11B  Professional and nonprofessional permit to carry weapons —— durable copy.
   1.  Within fourteen days after the sheriff has issued an initial, renewal, or duplicate professional or nonprofessional permit to carry weapons, the sheriff shall transmit the permit holder’s information to the department of public safety. Within thirty days of the permit holder’s information being transmitted to the department of public safety, the department shall issue a more durable copy of the professional or nonprofessional permit to carry weapons to the permit holder.
   2.  The durable copy of the permit shall have a uniform appearance, size, and content prescribed and published by the commissioner of public safety. The permit shall contain the name of the permit holder and the effective date of the permit, but shall not contain the permit holder’s social security number or photograph and shall not contain information about a particular weapon or any ammunition as prescribed by section 724.7, subsection 1.
   3.  a.  A durable copy of the permit issued pursuant to this section shall be considered a valid permit.
   b.  The initial, renewal, or duplicate permit issued by the sheriff pursuant to section 724.7, subsection 1, shall not be considered a valid permit more than sixty days after issuance.
   Sec. 6.  NEW SECTION.  724.14  Professional and nonprofessional permit —— change of residence to another county.
   If a permit holder of a professional or nonprofessional permit to carry weapons changes residences from one county to another county after the issuance of the permit, the department of public safety shall by rule specify the procedure to transfer the regulation of the holder’s permit to another sheriff for the purposes of issuing a renewal or duplicate permit, or complying with section 724.13.
   Sec. 7.  Section 724.21A, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  If an applicant appeals the decision by the sheriff or commissioner to deny an application, or suspend or revoke a permit to carry weapons or a permit to acquire, and it is later determined the applicant is eligible to be issued or possess such a permit, the applicant shall be awarded costs related to the administrative proceeding and reasonable attorney fees if applicable. If the decision of the sheriff or commissioner to deny the application, or suspend or revoke the permit is upheld on appeal, the political subdivision of the state representing the sheriff or the commissioner shall be awarded costs related to the administrative proceeding and reasonable attorney fees if applicable.
   Sec. 8.  Section 805.8C, Code 2016, is amended by adding the following new subsections:
   NEW SUBSECTION.  11.  Duty to possess permit to carry weapons.  For violations of section 724.4, subsection 4, paragraph “i”, subparagraph (2), the scheduled fine is ten dollars.
   NEW SUBSECTION.  12.  Failure to produce permit to carry.  For violations of section 724.5, the scheduled fine is ten dollars.
DIVISION II
CONFIDENTIALITY

   Sec. 9.  Section 724.23, Code 2016, is amended to read as follows:
   724.23  Records kept by commissioner and issuing officers.
   1.  The commissioner of public safety shall maintain a permanent record of all valid permits to carry weapons and of current permit revocations.
   2.  a.  Notwithstanding any other law or rule to the contrary, the commissioner of public safety and any issuing officer shall keep confidential personally identifiable information of applicants and holders of professional and nonprofessional permits to carry weapons and permits to acquire pistols or revolvers, including but not limited to the name, social security number, date of birth, residential or business address, and driver’s license or other identification number of the applicant or permit holder.
   b.  This subsection shall not prohibit the release of statistical information relating to the issuance, denial, revocation, or administration of professional and nonprofessional permits to carry weapons and permits to acquire pistols or revolvers, provided that the release of such information does not reveal the identity of any applicant or individual permit holder.
   c.  This subsection shall not prohibit the release of information to any law enforcement agency or any employee or agent thereof when necessary for the purpose of investigating a possible violation of law and probable cause exists, or for conducting a lawfully authorized background investigation.
   d.  This subsection shall not prohibit the release of information relating to the validity of a professional permit to carry weapons to an employer who requires an employee or an agent of the employer to possess a professional permit to carry weapons as part of the duties of the employee or agent.
   e.  (1)  (a)  This subsection shall not prohibit the release of the information described in subparagraph (2) to a member of the public who requests whether another person possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers. However, information described in subparagraph (2) regarding a person in whose favor either a no-contact order or a protective order, as defined in section 664A.1, has been issued and is still in effect, shall not be released pursuant to this paragraph “e”, if the person presents the order to the department of public safety or the issuing officer. Prior to the release of information described in subparagraph (2), the member of the public requesting the information shall appear in person and provide in writing to the department of public safety or the issuing officer the name of the member of the public, on a form prescribed by the department of public safety. Alternatively, a member of the public may request the information in writing by completing the form prescribed by the department of public safety and transmitting the form to the department or issuing officer. The request must include the name of the other person and at least one of the following identifiers pertaining to the other person:
   (i)  The date of birth of the person.
   (ii)  The address of the person.
   (iii)  The telephone number of the person, including any landline or wireless numbers.
   (b)  (i)  Except as provided in subparagraph subdivision (ii), the department or issuing officer shall keep a record of the person making the request.
   (ii)  If a person in whose favor either a no-contact order or a protective order, as defined in section 664A.1, has been issued and is still in effect, presents the order to the department of public safety or the issuing officer and requests whether another person who is the subject of the order possesses a professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers under this subparagraph (1), the department or issuing officer shall not keep a record of the person making the request or disclose the name of the person making the request.
   (2)  The information released by the department of public safety or issuing officer shall be limited to an acknowledgment as to whether or not the person currently possesses a valid professional or nonprofessional permit to carry weapons or a permit to acquire pistols or revolvers, the date such permit was issued, and whether the person has ever possessed such a permit that has been revoked or has expired and the date the permit was revoked or expired. No other information shall be released under this paragraph “e”.
   f.  Except as provided in paragraphs “b”, “c”, “d”, and “e”, the release of any confidential information under this section shall require a court order or the consent of the person whose personally identifiable information is the subject of the information request.
   g.  The department of public safety shall, by rule, establish a reasonable fee to cover the costs of complying with the release of information requests pursuant to this subsection.
   Sec. 10.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 11.  APPLICABILITY.  This division of this Act applies to holders of professional and nonprofessional permits to carry weapons and permits to acquire pistols or revolvers and to applicants for professional and nonprofessional permits to carry weapons and permits to acquire pistols or revolvers on or after the effective date of this division of this Act.
DIVISION III
FRAUDULENT TRANSFER

   Sec. 12.  NEW SECTION.  724.29A  Fraudulent transfer of firearms or ammunition.
   1.  For purposes of this section:
   a.  “Ammunition” means any cartridge, shell, or projectile designed for use in a firearm.
   b.  “Licensed firearms dealer” means a person who is licensed pursuant to 18 U.S.C. §923 to engage in the business of dealing in firearms. 
   c.  “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal.
   d.  “Private seller” means a person who sells or offers for sale any firearm or ammunition.
   2.  A person who knowingly solicits, persuades, encourages, or entices a licensed firearms dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances that the person knows would violate the laws of this state or of the United States commits a class “D” felony.
   3.  A person who knowingly provides materially false information to a licensed firearms dealer or private seller of firearms or ammunition with the intent to deceive the firearms dealer or seller about the legality of a transfer of a firearm or ammunition commits a class “D” felony.
   4.  Any person who willfully procures another to engage in conduct prohibited by this section shall be held accountable as a principal.
   5.  This section does not apply to a law enforcement officer acting in the officer’s official capacity or to a person acting at the direction of such law enforcement officer.
DIVISION IV
RULES

   Sec. 13.  NEW SECTION.  724.32  Rules.
   The department of public safety shall adopt rules pursuant to chapter 17A to administer this chapter.>

______________________________
COMMITTEE ON JUDICIARY

STEVEN J. SODDERS, CHAIRPERSON