House File 2688 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HSB 721)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of permits to carry weapons.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5852HV 81
  4 rh/sh/8

PAG LIN



  1  1    Section 1.  Section 724.7, Code 2005, is amended to read as
  1  2 follows:
  1  3    724.7  NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
  1  4    Any person who can reasonably justify going armed may be
  1  5 issued a nonprofessional permit to carry weapons.  Such
  1  6 permits shall be on a form prescribed and published by the
  1  7 commissioner of public safety, which shall be readily
  1  8 distinguishable from the professional permit, and shall
  1  9 identify the holder thereof, and state the reason for the
  1 10 issuance of the permit, and the limits of the authority
  1 11 granted by such permit.  All permits so issued shall be for a
  1 12 definite period as established by the issuing officer, but in
  1 13 no event shall exceed a period of twelve months of three
  1 14 years.
  1 15    Sec. 2.  Section 724.9, Code 2005, is amended to read as
  1 16 follows:
  1 17    724.9  FIREARM FIREARMS TRAINING PROGRAM PROGRAMS.
  1 18    A training program to qualify persons in the safe use of
  1 19 firearms shall be provided by the issuing officer of permits,
  1 20 as provided in section 724.11.
  1 21    1.  The commissioner of public safety shall establish
  1 22 minimum standards for a training program designed to qualify
  1 23 persons in the safe use of firearms and shall include a course
  1 24 of instruction designed to qualify a person on a firing range.
  1 25 The program shall include at a minimum an eight=hour course of
  1 26 instruction.  The course of instruction shall include the
  1 27 following topics:
  1 28    a.  Firearms safety in the classroom, at home, on the
  1 29 firing range, and while carrying the firearm.
  1 30    b.  A physical demonstration performed by the applicant
  1 31 that demonstrates the applicant's ability to safely load and
  1 32 unload a revolver and a semiautomatic pistol and the
  1 33 applicant's marksmanship.
  1 34    c.  The basic principles of marksmanship.
  1 35    d.  The law relating to firearms pursuant to chapter 724.
  2  1    e.  The law relating to the justifiable use of force
  2  2 pursuant to chapter 704.
  2  3    f.  A live fire test administered to the applicant while in
  2  4 the presence of a qualified firearms safety instructor as
  2  5 defined in section 724.9B of twenty rounds from a standing
  2  6 position or its equivalent at a distance from a B=27
  2  7 silhouette target, or an equivalent target, of seven yards.
  2  8    2.  The commissioner of public safety shall approve the
  2  9 training program, and the county sheriff or the commissioner
  2 10 of public safety conducting the training program within their
  2 11 respective jurisdictions may contract with a private
  2 12 organization or use the services of other agencies, or may use
  2 13 a combination of the two, to provide such a training program
  2 14 that meets the minimum standards specified in subsection 1.
  2 15 Any person eligible to be issued a permit to carry weapons may
  2 16 enroll in such course.  A fee sufficient to cover the cost of
  2 17 the program may be charged to each person attending.
  2 18 Certificates of completion, on a form prescribed and published
  2 19 by the commissioner of public safety, shall be issued by a
  2 20 qualified firearms safety instructor subject to the
  2 21 restrictions of section 724.9A to each person who successfully
  2 22 completes the program.  No A person shall not be issued either
  2 23 a professional or nonprofessional permit unless the person has
  2 24 received a certificate of completion or is a certified peace
  2 25 officer.  No A peace officer or correctional officer, except a
  2 26 certified peace officer, shall not go armed with a pistol or
  2 27 revolver unless the officer has received a certificate of
  2 28 completion, provided that this requirement shall not apply to
  2 29 persons who are employed in this state as peace officers on
  2 30 January 1, 1978 until July 1, 1978, or to peace officers of
  2 31 other jurisdictions exercising their legal duties within this
  2 32 state.
  2 33    Sec. 3.  NEW SECTION.  724.9A  CERTIFICATE OF COMPLETION.
  2 34    A qualified firearms safety instructor shall not issue a
  2 35 certificate of completion to an applicant for a permit to
  3  1 carry weapons who fails to do any of the following:
  3  2    1.  Follow the orders of the qualified firearms safety
  3  3 instructor or the qualified firearms safety instructor's
  3  4 designee.
  3  5    2.  Handle a firearm in a manner that, in the judgment of
  3  6 the qualified firearms safety instructor, poses a danger to
  3  7 the applicant or others.
  3  8    3.  During the live fire testing portion of the training
  3  9 program, fails to hit the silhouette portion of the targets
  3 10 with at least eighteen rounds.
  3 11    Sec. 4.  NEW SECTION.  724.9B  QUALIFIED FIREARMS SAFETY
  3 12 INSTRUCTOR.
  3 13    A firearms safety instructor shall be considered to be a
  3 14 qualified firearms safety instructor if the instructor has any
  3 15 of the following qualifications:
  3 16    1.  Is a valid firearms safety instructor certified by the
  3 17 national rifle association holding a rating as a personal
  3 18 protection instructor or pistol marksmanship instructor.
  3 19    2.  Submits a photocopy of a certificate of completion of a
  3 20 firearms safety instructor course offered by a local, state,
  3 21 or federal governmental agency.
  3 22    3.  Submits a photocopy of a certificate of completion of a
  3 23 firearms safety instructor course approved by the department
  3 24 of public safety.
  3 25    4.  Has successfully completed a firearms safety instructor
  3 26 course given by or under the supervision of any state, county,
  3 27 municipal, or federal law enforcement agency.
  3 28    5.  Is a certified police officer firearms safety
  3 29 instructor.
  3 30    6.  Is a certified law enforcement academy firearms safety
  3 31 instructor.
  3 32    Sec. 5.  Section 724.11, Code 2005, is amended to read as
  3 33 follows:
  3 34    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS.
  3 35    1.  Applications for permits to carry weapons shall be made
  4  1 to the sheriff of the county in which the applicant resides.
  4  2 Applications from persons who are nonresidents of the state,
  4  3 or whose need to go armed arises out of employment by the
  4  4 state, shall be made to the commissioner of public safety.  In
  4  5 either case, the issuance of the permit shall be by and at the
  4  6 discretion of the sheriff or commissioner, who shall, before
  4  7 issuing the permit, determine that the requirements of
  4  8 sections 724.6 to 724.10 have been satisfied.  However, the
  4  9 training program requirements in section 724.9 may shall be
  4 10 waived for renewal permits.  If the sheriff or the
  4 11 commissioner denies an application for a permit under this
  4 12 section, the sheriff or commissioner shall provide a written
  4 13 statement of the reasons for the denial.
  4 14    2.  The issuing officer shall collect a fee of ten thirty
  4 15 dollars, except from a duly appointed peace officer or
  4 16 correctional officer, for each permit issued.  Renewal permits
  4 17 or duplicate permits shall be issued for a fee of five
  4 18 dollars.  The issuing officer shall notify the commissioner of
  4 19 public safety of the issuance of any permit at least monthly
  4 20 and forward to the commissioner an amount equal to two dollars
  4 21 for each permit issued and one dollar for each renewal or
  4 22 duplicate permit issued.  All such fees received by the
  4 23 commissioner shall be paid to the treasurer of state and
  4 24 deposited in the operating account of the department of public
  4 25 safety to offset the cost of administering this chapter.  Any
  4 26 unspent balance as of June 30 of each year shall revert to the
  4 27 general fund as provided by section 8.33.
  4 28    Sec. 6.  NEW SECTION.  724.11A  RECIPROCITY.
  4 29    A person possessing a valid out=of=state permit to carry a
  4 30 weapon shall be entitled to the privileges and subject to the
  4 31 restrictions prescribed by this chapter provided the state
  4 32 that issued the license recognizes weapons permits issued in
  4 33 Iowa.
  4 34    Sec. 7.  NEW SECTION.  724.13A  IMMUNITY.
  4 35    The commissioner of public safety shall not be liable for
  5  1 damages in any civil action arising from the alleged wrongful
  5  2 issuance, renewal, or failure to revoke a permit to carry
  5  3 weapons provided that the commissioner acted in good faith and
  5  4 without malice in carrying out the commissioner's official
  5  5 duties.
  5  6    Sec. 8.  NEW SECTION.  724.21A  HEARING ON DENIAL OF PERMIT
  5  7 TO CARRY WEAPONS.
  5  8    1.  In any case where the sheriff or the commissioner of
  5  9 public safety denies an application for a permit to carry
  5 10 weapons, the denied applicant shall have the right to appeal
  5 11 the denial to the commissioner of public safety within thirty
  5 12 days of receiving written notice of the denial.
  5 13    2.  A denial of an application for a permit to carry
  5 14 weapons may be appealed by filing with the commissioner of
  5 15 public safety a copy of the denial and a written statement
  5 16 that clearly states the applicant's reasons rebutting the
  5 17 denial along with a fee of ten dollars.  Additional
  5 18 information which may be pertinent to the applicant's request
  5 19 for a permit should also be included.
  5 20    3.  The commissioner of public safety shall grant an
  5 21 aggrieved applicant an opportunity to be heard within forty=
  5 22 five days of receipt of a request for an appeal.  The hearing
  5 23 may be held by telephone conference at the discretion of the
  5 24 commissioner of public safety.
  5 25    4.  After the hearing, the commissioner of public safety
  5 26 shall order that the denial of the application be either
  5 27 rescinded or sustained.  An applicant aggrieved by the final
  5 28 judgment of the commissioner of public safety sustaining the
  5 29 denial shall have the right to judicial review in accordance
  5 30 with the terms of the Iowa administrative procedure Act,
  5 31 chapter 17A.
  5 32    Sec. 9.  NEW SECTION.  724.21B  ANNUAL REPORT == APPEALS
  5 33 UPON DENIAL.
  5 34    The department shall submit a report annually no later than
  5 35 January 31 to the members of the general assembly as provided
  6  1 in section 7A.11 concerning appeals filed from denials of
  6  2 permits to carry weapons.  The report shall include but not be
  6  3 limited to the number of appeals filed and the number of
  6  4 successful and unsuccessful appeals by county, and the number
  6  5 of applications and denials of permits to carry weapons by
  6  6 county.
  6  7                           EXPLANATION
  6  8    This bill relates to the issuance of weapons permits.
  6  9    The bill provides that a nonprofessional permit to carry
  6 10 weapons shall be issued for a three=year period and changes
  6 11 the fee for a permit to carry weapons from $10 to $30.
  6 12 Current law allows the permit to be issued for a period
  6 13 determined by the commissioner of public safety or the sheriff
  6 14 not to exceed one year.
  6 15    The bill provides that if the sheriff or commissioner
  6 16 denies an application for a concealed weapons permit, the
  6 17 sheriff or commissioner shall provide a written statement of
  6 18 the reasons for the denial.
  6 19    The bill amends current law relating to a firearms training
  6 20 program.  The bill provides that the commissioner of public
  6 21 safety shall establish minimum firearms safety standards.  The
  6 22 bill specifies that the commissioner of public safety shall
  6 23 establish certain minimum training standards relating to the
  6 24 qualifications of persons in the safe use of firearms and
  6 25 shall include a course of instruction designed to qualify a
  6 26 person on a firing range.
  6 27    The bill provides that a qualified firearms safety
  6 28 instructor shall issue a certificate of completion to a person
  6 29 who successfully completes the training program, including
  6 30 certain specific requirements relating to live fire ammunition
  6 31 testing on a firing range.  The bill specifically provides
  6 32 that a person who does not follow the orders of the qualified
  6 33 firearms safety instructor, handles a firearm in a manner that
  6 34 poses a danger to the applicant or others, or who, during the
  6 35 live fire testing portion of the training program, fails to
  7  1 hit the silhouette portion of the targets with at least 18
  7  2 rounds, shall not be issued a certificate of completion.
  7  3 Under the bill, an applicant for a permit to carry weapons
  7  4 shall not be issued a permit to carry weapons unless the
  7  5 applicant has received a certificate of completion or is a
  7  6 certified peace officer.
  7  7    The bill defines a qualified firearms safety instructor as
  7  8 a person who meets any of the following qualifications:
  7  9    1.  Is a valid firearms safety instructor certified by the
  7 10 national rifle association holding a rating as a personal
  7 11 protection instructor or pistol marksmanship instructor.
  7 12    2.  Submits a photocopy of a certificate of completion of a
  7 13 firearms safety instructor course offered by a local, state,
  7 14 or federal governmental agency.
  7 15    3.  Submits a photocopy of a certificate of completion of a
  7 16 firearms safety instructor course approved by the department
  7 17 of public safety.
  7 18    4.  Has successfully completed a firearms safety instructor
  7 19 course given by or under the supervision of any state, county,
  7 20 municipal, or federal law enforcement agency.
  7 21    5.  Is a certified police officer firearms safety
  7 22 instructor.
  7 23    6.  Is a certified law enforcement academy firearms safety
  7 24 instructor.
  7 25    The bill provides that a person possessing a valid out=of=
  7 26 state permit to carry a weapon shall be entitled to the
  7 27 privileges and subject to the restrictions prescribed by this
  7 28 chapter provided that the state that issued the license
  7 29 recognizes weapons permits issued in Iowa.
  7 30    The bill provides that the commissioner of public safety
  7 31 shall not be liable for damages in any civil action arising
  7 32 from the alleged wrongful issuance, renewal, or failure to
  7 33 revoke a permit to carry weapons provided that the
  7 34 commissioner acted in good faith and without malice in
  7 35 carrying out the commissioner's official duties.
  8  1    The bill further provides a right of appeal in cases where
  8  2 the sheriff or the commissioner of public safety denies an
  8  3 application for a permit to carry weapons.  The bill provides
  8  4 that an applicant who has been denied a permit to carry
  8  5 weapons shall, within 30 days of receiving written notice of
  8  6 the denial, file a copy of the denial along with a written
  8  7 statement that states the applicant's reasons rebutting the
  8  8 denial with a $10 fee.  The bill provides that the
  8  9 commissioner of public safety shall grant an aggrieved
  8 10 applicant an opportunity for a hearing within 45 days of
  8 11 receipt of a request for an appeal, and that the hearing may
  8 12 be held by telephone conference.  After the hearing, the
  8 13 commissioner shall order that the denial of the application be
  8 14 either rescinded or sustained.  An aggrieved applicant shall
  8 15 have the right to judicial review in accordance with the Iowa
  8 16 administrative procedure Act.
  8 17    The bill further provides that the department of public
  8 18 safety shall submit an annual report no later than January 31
  8 19 to the members of the general assembly concerning appeals
  8 20 filed from denials of permits to carry weapons, including the
  8 21 number of appeals filed, both successfully and unsuccessfully,
  8 22 by county, and the number of applications and denials of
  8 23 permits to carry weapons by county.
  8 24 LSB 5852HV 81
  8 25 rh:rj/sh/8