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: 3 TLSB 5852HZ 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 12definiteperiodas established by the issuing officer, but in 1 13 no event shall exceed a period of twelve monthsof three 1 14 years. 1 15 Sec. 2. Section 724.9, Code 2005, is amended to read as 1 16 follows: 1 17 724.9FIREARMFIREARMS TRAININGPROGRAMPROGRAMS. 1 18A 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 providesucha 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.NoA 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.NoA 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 applyto 2 29 persons who are employed in this state as peace officers on 2 30 January 1, 1978 until July 1, 1978, orto 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 724.9mayshall 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 oftenthirty 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. 8 35 LSB 5852HZ 81 9 1 rh:rj/sh/8