H-1243

   Amend  the amendment, H-1206, to House File 654, as follows:
   1.  Page 9, after line 24 by inserting: 
<DIVISION ___
CRIMINAL HISTORY BACKGROUND CHECKS

   Sec. ___.  NEW SECTION.  724.33  Sale or transfer of firearms —— criminal history background check.
   1.  Unless otherwise authorized by this chapter or federal law, a person shall not sell or transfer a firearm to another person without receiving verification from a licensed firearms dealer that information on the prospective purchaser or transferee has been submitted to the department of public safety for a criminal history background check and that a determination has been received by the department of public safety that the prospective purchaser or transferee is not prohibited under either state or federal law from possessing a firearm. A criminal history background check conducted under this section shall include an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation.
   2.  a.  Except as provided in paragraph “b”, a person who sells or transfers a firearm in violation of this section is guilty of an aggravated misdemeanor.
   b.  A person does not violate this section under any of the following circumstances:
   (1)  A sale or transfer of a firearm to a firearm buyback program sponsored by a law enforcement agency.
   (2)  A transfer of a firearm to another person during an act of justified self-defense or justified defense of another person, provided that the possession after the transfer lasts no longer than is immediately necessary to resolve the emergency.
   (3)  A transfer of a firearm between family members.
   (4)  The receipt of a firearm bequeathed to the recipient.
   3.  A licensed firearms dealer may charge and collect fees for obtaining criminal history record information checks on behalf of sellers or transferors.
   4.  The department of public safety shall adopt rules pursuant to chapter 17A as necessary to carry out the provisions of this section.
   5.  For purposes of this section, “licensed firearms dealer” means the same as defined in section 724.29A.
   Sec. ___.  APPLICABILITY.  This division of this Act applies to the sale or transfer of firearms on or after July 1, 2023.>
   ___.  Title page, line 1, by striking <and possession> and inserting <possession, sale, and transfer>
   ___.  Title page, line 2, after <locations,> by inserting <providing penalties,>
   ___.  Title page, line 3, after <date> by inserting <and applicability>>
   2.  By renumbering as necessary.

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BAETH of Polk