House File 654 H-1243 Amend the amendment, H-1206, to House File 654, as follows: 1 1. Page 9, after line 24 by inserting: 2 < DIVISION ___ 3 CRIMINAL HISTORY BACKGROUND CHECKS 4 Sec. ___. NEW SECTION . 724.33 Sale or transfer of firearms 5 —— criminal history background check. 6 1. Unless otherwise authorized by this chapter or federal 7 law, a person shall not sell or transfer a firearm to another 8 person without receiving verification from a licensed firearms 9 dealer that information on the prospective purchaser or 10 transferee has been submitted to the department of public 11 safety for a criminal history background check and that a 12 determination has been received by the department of public 13 safety that the prospective purchaser or transferee is not 14 prohibited under either state or federal law from possessing a 15 firearm. A criminal history background check conducted under 16 this section shall include an inquiry of the national instant 17 criminal background check system maintained by the federal 18 bureau of investigation. 19 2. a. Except as provided in paragraph “b” , a person who 20 sells or transfers a firearm in violation of this section is 21 guilty of an aggravated misdemeanor. 22 b. A person does not violate this section under any of the 23 following circumstances: 24 (1) A sale or transfer of a firearm to a firearm buyback 25 program sponsored by a law enforcement agency. 26 (2) A transfer of a firearm to another person during an 27 act of justified self-defense or justified defense of another 28 person, provided that the possession after the transfer 29 lasts no longer than is immediately necessary to resolve the 30 emergency. 31 (3) A transfer of a firearm between family members. 32 (4) The receipt of a firearm bequeathed to the recipient. 33 3. A licensed firearms dealer may charge and collect fees 34 for obtaining criminal history record information checks on 35 -1- H 1206.1701 (3) 90 js/rh 1/ 2 #1.
behalf of sellers or transferors. 1 4. The department of public safety shall adopt rules 2 pursuant to chapter 17A as necessary to carry out the 3 provisions of this section. 4 5. For purposes of this section, “licensed firearms dealer” 5 means the same as defined in section 724.29A. 6 Sec. ___. APPLICABILITY. This division of this Act applies 7 to the sale or transfer of firearms on or after July 1, 2023. > 8 ___. Title page, line 1, by striking < and possession > and 9 inserting < possession, sale, and transfer > 10 ___. Title page, line 2, after < locations, > by inserting 11 < providing penalties, > 12 ___. Title page, line 3, after < date > by inserting < and 13 applicability >> 14 2. By renumbering as necessary. 15 ______________________________ BAETH of Polk -2- H 1206.1701 (3) 90 js/rh 2/ 2 #2.