House File 161 - Introduced
HOUSE FILE
BY SHOULTZ, BERRY, MASCHER,
FORD, HOGG, FOEGE,
JOCHUM, HEDDENS, T. TAYLOR,
WESSEL-KROESCHELL, LENSING,
HUNTER, and MADDOX
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the sale or transfer of firearms between
2 unlicensed persons at a gun show held on state property and
3 providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1411YH 81
6 rh/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 724.31 TRANSFER OF FIREARMS
1 2 BETWEEN UNLICENSED PERSONS AT A GUN SHOW.
1 3 1. a. The sale, lease, or other transfer of firearms
1 4 between two or more unlicensed persons at a gun show held on
1 5 state property shall be conducted through a federally licensed
1 6 firearm dealer on the premises of the gun show and shall
1 7 comply with all applicable federal and state laws. The dealer
1 8 may charge a transfer fee not to exceed ten dollars.
1 9 b. This subsection does not apply to the sale, lease, or
1 10 other transfer of firearms where the firearm acquired is an
1 11 antique firearm, a collector's item, a device which is not
1 12 designed or redesigned for use as a firearm, a device which is
1 13 designed solely for use as a signaling, pyrotechnic, line=
1 14 throwing, safety, or similar device, or a firearm which is
1 15 unserviceable by reason of being unable to discharge a shot by
1 16 means of an explosive and is incapable of being readily
1 17 restored to a firing condition.
1 18 2. An unlicensed vendor at a gun show held on state
1 19 property who sells, leases, or transfers a firearm to an
1 20 unlicensed person, or an unlicensed person who acquires a
1 21 firearm from an unlicensed vendor without the sale, lease, or
1 22 transfer conducted by a federally licensed firearm dealer,
1 23 commits an aggravated misdemeanor.
1 24 3. An unlicensed vendor at a gun show held on state
1 25 property who sells, leases, or transfers a firearm to an
1 26 unlicensed person who the transferor knows or has reason to
1 27 know is prohibited from possessing firearms under federal or
1 28 state law commits a class "D" felony.
1 29 4. As used in this section, the term "gun show" means the
1 30 entire premises of a event or function, including but not
1 31 limited to parking areas for the event or function that is
1 32 sponsored to foster, in whole or in part, the sale, lease, or
1 33 other transfer at which at least one of the following applies:
1 34 a. Twenty=five or more firearms are offered or exhibited
1 35 for sale or transfer.
2 1 b. Not less that three gun show vendors exhibit, sell,
2 2 offer for sale, transfer, or exchange firearms.
2 3 EXPLANATION
2 4 This bill creates new Code section 724.31, relating to the
2 5 sale or transfer of firearms between unlicensed persons at a
2 6 gun show held on state property and providing penalties.
2 7 The bill provides that the sale, lease, or other transfer
2 8 of firearms between two or more persons at a gun show held on
2 9 state property shall be conducted through a federally licensed
2 10 firearm dealer on the premises of the gun show and shall
2 11 comply with all applicable federal and state laws. The bill
2 12 excludes transfers involving antique firearms, collector's
2 13 items, a device not designed or redesigned for use as a
2 14 firearm, a device designed solely for use as a signaling,
2 15 pyrotechnic, line=throwing, safety, or similar device, or a
2 16 firearm which is unserviceable. The bill provides that a
2 17 firearm dealer may charge a transfer fee not to exceed $10.
2 18 The bill further provides that an unlicensed vendor at a
2 19 gun show held on state property who sells, leases, or
2 20 transfers a firearm to an unlicensed person, or an unlicensed
2 21 person who acquires a firearm from an unlicensed vendor
2 22 without going through a federally licensed firearm dealer,
2 23 commits an aggravated misdemeanor. An aggravated misdemeanor
2 24 is punishable by confinement for no more than two years and a
2 25 fine of at least $500 but not more than $5,000. An unlicensed
2 26 vendor at a gun show held on state property who sells, leases,
2 27 or transfers a firearm to an unlicensed person who the
2 28 transferor knows or has reason to know is prohibited from
2 29 possessing firearms commits a class "D" felony. A class "D"
2 30 felony is punishable by confinement for no more than five
2 31 years and a fine of at least $750 but not more than $7,500.
2 32 The bill further provides a definition of "gun show" to
2 33 mean the entire premises of an event or function, including
2 34 but not limited to parking areas for the event or function
2 35 that is sponsored to foster, in whole or in part, the sale,
3 1 lease, or other transfer at which either 25 or more firearms
3 2 are offered or exhibited for sale or transfer, or not less
3 3 than three gun show vendors exhibit, sell, offer for sale,
3 4 transfer, or exchange firearms.
3 5 LSB 1411YH 81
3 6 rh:rj/gg/14