House File 2753 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2688)
(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:
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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 does any of the following:
3 2 1. Fails to follow the orders of the qualified firearms
3 3 safety instructor or the qualified firearms safety
3 4 instructor's designee.
3 5 2. Handles 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 restricts or denies an application for a permit
4 12 under this section, the sheriff or commissioner shall provide
4 13 a written statement of the reasons for the restriction or
4 14 denial.
4 15 2. The issuing officer shall collect a fee of ten thirty
4 16 dollars, except from a duly appointed peace officer or
4 17 correctional officer, for each permit issued. Renewal permits
4 18 or duplicate permits shall be issued for a fee of five
4 19 dollars. The issuing officer shall notify the commissioner of
4 20 public safety of the issuance of any permit at least monthly
4 21 and forward to the commissioner an amount equal to two dollars
4 22 for each permit issued and one dollar for each renewal or
4 23 duplicate permit issued. All such fees received by the
4 24 commissioner shall be paid to the treasurer of state and
4 25 deposited in the operating account of the department of public
4 26 safety to offset the cost of administering this chapter. Any
4 27 unspent balance as of June 30 of each year shall revert to the
4 28 general fund as provided by section 8.33.
4 29 Sec. 6. NEW SECTION. 724.11A RECIPROCITY.
4 30 A person possessing a valid out=of=state permit to carry a
4 31 weapon shall be entitled to the privileges and subject to the
4 32 restrictions prescribed by this chapter provided the state
4 33 that issued the license recognizes weapons permits issued in
4 34 Iowa.
4 35 Sec. 7. NEW SECTION. 724.13A IMMUNITY.
5 1 The sheriff or the commissioner of public safety shall not
5 2 be liable for damages in any civil action arising from the
5 3 alleged wrongful issuance, renewal, or failure to revoke a
5 4 permit to carry weapons provided that the sheriff or the
5 5 commissioner acted in good faith and without malice in
5 6 carrying out the sheriff's or the commissioner's official
5 7 duties.
5 8 Sec. 8. NEW SECTION. 724.21A HEARING ON RESTRICTION OR
5 9 DENIAL OF PERMIT TO CARRY WEAPONS.
5 10 1. In any case where the sheriff or the commissioner of
5 11 public safety restricts or denies an application for a permit
5 12 to carry weapons, the restricted or denied applicant shall
5 13 have the right to appeal the restriction or denial to the
5 14 commissioner of public safety within thirty days of receiving
5 15 written notice of the restriction or denial.
5 16 2. A restriction of or denial of an application for a
5 17 permit to carry weapons may be appealed by filing with the
5 18 commissioner of public safety a copy of the restriction or
5 19 denial and a written statement that clearly states the
5 20 applicant's reasons rebutting the restriction or denial along
5 21 with a fee of ten dollars. Additional information which may
5 22 be pertinent to the applicant's request for a permit should
5 23 also be included.
5 24 3. The commissioner of public safety shall grant an
5 25 aggrieved applicant an opportunity to be heard within forty=
5 26 five days of receipt of a request for an appeal. If the
5 27 sheriff is the issuing officer, the commissioner shall notify
5 28 the sheriff of the hearing and the sheriff shall participate
5 29 in the hearing. The hearing may be held by telephone
5 30 conference at the discretion of the commissioner of public
5 31 safety.
5 32 4. After the hearing, the commissioner of public safety
5 33 shall order that the denial of the application or the
5 34 restriction of the permit be either rescinded or sustained.
5 35 An applicant aggrieved by the final judgment of the
6 1 commissioner of public safety sustaining the restriction or
6 2 denial shall have the right to judicial review in accordance
6 3 with the terms of the Iowa administrative procedure Act,
6 4 chapter 17A.
6 5 Sec. 9. NEW SECTION. 724.21B ANNUAL REPORT == APPEALS
6 6 UPON DENIAL.
6 7 The department shall submit a report annually no later than
6 8 January 31 to the members of the general assembly as provided
6 9 in section 7A.11 concerning appeals filed from restrictions or
6 10 denials of permits to carry weapons. The report shall include
6 11 but not be limited to the number of appeals filed and the
6 12 number of successful and unsuccessful appeals by county, and
6 13 the number of applications for, restrictions of, and denials
6 14 of permits to carry weapons by county.
6 15 EXPLANATION
6 16 This bill relates to the issuance of weapons permits.
6 17 The bill provides that a nonprofessional permit to carry
6 18 weapons shall be issued for a three=year period and changes
6 19 the fee for a permit to carry weapons from $10 to $30.
6 20 Current law allows the permit to be issued for a period
6 21 determined by the commissioner of public safety or the sheriff
6 22 not to exceed one year.
6 23 The bill provides that if the sheriff or commissioner
6 24 restricts or denies an application for a concealed weapons
6 25 permit, the sheriff or commissioner shall provide a written
6 26 statement of the reasons for the denial.
6 27 The bill amends current law relating to a firearms training
6 28 program. The bill provides that the commissioner of public
6 29 safety shall establish minimum firearms safety standards. The
6 30 bill specifies that the commissioner of public safety shall
6 31 establish certain minimum training standards relating to the
6 32 qualifications of persons in the safe use of firearms and
6 33 shall include a course of instruction designed to qualify a
6 34 person on a firing range.
6 35 The bill provides that a qualified firearms safety
7 1 instructor shall issue a certificate of completion to a person
7 2 who successfully completes the training program, including
7 3 certain specific requirements relating to live fire ammunition
7 4 testing on a firing range. The bill specifically provides
7 5 that a person who does not follow the orders of the qualified
7 6 firearms safety instructor, handles a firearm in a manner that
7 7 poses a danger to the applicant or others, or who, during the
7 8 live fire testing portion of the training program, fails to
7 9 hit the silhouette portion of the targets with at least 18
7 10 rounds, shall not be issued a certificate of completion.
7 11 Under the bill, an applicant for a permit to carry weapons
7 12 shall not be issued a permit to carry weapons unless the
7 13 applicant has received a certificate of completion or is a
7 14 certified peace officer.
7 15 The bill defines a qualified firearms safety instructor as
7 16 a person who meets any of the following qualifications:
7 17 1. Is a valid firearms safety instructor certified by the
7 18 national rifle association holding a rating as a personal
7 19 protection instructor or pistol marksmanship instructor.
7 20 2. Submits a photocopy of a certificate of completion of a
7 21 firearms safety instructor course offered by a local, state,
7 22 or federal governmental agency.
7 23 3. Submits a photocopy of a certificate of completion of a
7 24 firearms safety instructor course approved by the department
7 25 of public safety.
7 26 4. Has successfully completed a firearms safety instructor
7 27 course given by or under the supervision of any state, county,
7 28 municipal, or federal law enforcement agency.
7 29 5. Is a certified police officer firearms safety
7 30 instructor.
7 31 6. Is a certified law enforcement academy firearms safety
7 32 instructor.
7 33 The bill provides that a person possessing a valid out=of=
7 34 state permit to carry a weapon shall be entitled to the
7 35 privileges and subject to the restrictions prescribed by this
8 1 chapter provided that the state that issued the license
8 2 recognizes weapons permits issued in Iowa.
8 3 The bill provides that the sheriff or the commissioner of
8 4 public safety shall not be liable for damages in any civil
8 5 action arising from the alleged wrongful issuance, renewal, or
8 6 failure to revoke a permit to carry weapons provided that the
8 7 sheriff or commissioner acted in good faith and without malice
8 8 in carrying out the sheriff's or commissioner's official
8 9 duties.
8 10 The bill further provides a right of appeal in cases where
8 11 the sheriff or the commissioner of public safety restricts or
8 12 denies an application for a permit to carry weapons. The bill
8 13 provides that an applicant who has been issued a restricted
8 14 permit or who has been denied a permit to carry weapons shall,
8 15 within 30 days of receiving written notice of the restriction
8 16 or denial, file a copy of the restriction or denial along with
8 17 a written statement that states the applicant's reasons
8 18 rebutting the restriction or denial with a $10 fee. The bill
8 19 provides that the commissioner of public safety shall grant an
8 20 aggrieved applicant an opportunity for a hearing within 45
8 21 days of receipt of a request for an appeal, and that the
8 22 hearing may be held by telephone conference. After the
8 23 hearing, the commissioner shall order that the restriction or
8 24 denial of the permit be either rescinded or sustained. An
8 25 aggrieved applicant shall have the right to judicial review in
8 26 accordance with the Iowa administrative procedure Act.
8 27 The bill further provides that the department of public
8 28 safety shall submit an annual report no later than January 31
8 29 to the members of the general assembly concerning appeals
8 30 filed from restrictions or denials of permits to carry
8 31 weapons, including the number of appeals filed, both
8 32 successfully and unsuccessfully, by county, and the number of
8 33 applications for, restrictions of, and denials of permits to
8 34 carry weapons by county.
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