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