House File 207
HOUSE FILE
BY GREIMANN and FORD
(COMPANION TO LSB 2187SS BY HATCH)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the private sale or transfer of firearms
2 between unlicensed persons and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2187HH 80
5 rh/cl/14
PAG LIN
1 1 Section 1. NEW SECTION. 724.31 TRANSFER OF FIREARMS
1 2 BETWEEN UNLICENSED PERSONS.
1 3 1. The private sale, lease, or other transfer of firearms
1 4 between two or more unlicensed persons shall be conducted
1 5 through a federally licensed firearm dealer and shall comply
1 6 with all applicable federal and state laws. The dealer may
1 7 charge a transfer fee not to exceed ten dollars. This
1 8 subsection does not apply to the sale, lease, or other
1 9 transfer of firearms in any of the following situations:
1 10 a. The person transferring the firearm or the person
1 11 acquiring the firearm is a licensed firearm dealer under
1 12 federal law.
1 13 b. The firearm acquired is an antique firearm, a
1 14 collector's item, a device which is not designed or redesigned
1 15 for use as a firearm, a device which is designed solely for
1 16 use as a signaling, pyrotechnic, line=throwing, safety, or
1 17 similar device, or a firearm which is unserviceable by reason
1 18 of being unable to discharge a shot by means of an explosive
1 19 and is incapable of being readily restored to a firing
1 20 condition.
1 21 c. The person acquiring the firearm is authorized to do so
1 22 on behalf of a law enforcement agency.
1 23 d. The person transferring the firearm and the person
1 24 acquiring the firearm are related to one another within the
1 25 second degree of consanguinity or affinity, unless the person
1 26 transferring the firearm knows that the person acquiring the
1 27 firearm would be ineligible to obtain a firearm under federal
1 28 or state law.
1 29 2. An unlicensed person who sells, leases, or transfers a
1 30 firearm to another unlicensed person, or an unlicensed person
1 31 who acquires a firearm from another unlicensed person, without
1 32 the sale, lease, or transfer conducted by a federally licensed
1 33 firearm dealer, commits an aggravated misdemeanor.
1 34 3. A person who sells, leases, or transfers a firearm to
1 35 another person, who the transferor knows or has reason to know
2 1 is prohibited from possessing firearms under federal or state
2 2 law, commits a class "D" felony.
2 3 EXPLANATION
2 4 This bill creates new Code section 724.31, relating to the
2 5 sale of firearms between unlicensed persons and providing
2 6 penalties.
2 7 The bill provides that a private sale, lease, or other
2 8 transfer of firearms between two or more persons shall be
2 9 conducted through a federally licensed firearm dealer. The
2 10 bill specifically excludes transfers of firearms between
2 11 persons where one person is a federally licensed firearm
2 12 dealer, transfers of firearms to persons authorized to do so
2 13 on behalf of a law enforcement agency, and transfers of
2 14 firearms between relatives, unless the relative transferring
2 15 the firearm knows or has reason to know the person to whom the
2 16 transfer is made would be ineligible to obtain a firearm under
2 17 state or federal law. The bill further excludes antique
2 18 firearms, collector's items, a device not designed or
2 19 redesigned for use as a firearm, a device designed solely for
2 20 use as a signaling, pyrotechnic, line=throwing, safety, or
2 21 similar device, or a firearm which is unserviceable.
2 22 The bill further provides that an unlicensed person who
2 23 sells, leases, or transfers a firearm to another unlicensed
2 24 person, or an unlicensed person who acquires a firearm from
2 25 another unlicensed person, without going through a federally
2 26 licensed firearm dealer commits an aggravated misdemeanor. An
2 27 aggravated misdemeanor is punishable by confinement for no
2 28 more than two years and a fine of at least $500 but not more
2 29 than $5,000. A person who sells, leases, or transfers a
2 30 firearm to another individual who the transferor knows or has
2 31 reason to know is prohibited from possessing firearms commits
2 32 a class "D" felony. A class "D" felony is punishable by
2 33 confinement for no more than five years and a fine of at least
2 34 $750 but not more than $7,500.
2 35 LSB 2187HH 80
3 1 rh/cl/14