House Study Bill 721



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)


    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 5852YC 81
  4 rh/sh/8

PAG LIN



  1  1    Section 1.  Section 724.6, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  A person may shall be issued a permit to carry weapons
  1  4 when the person's employment in a private investigation
  1  5 business or private security business licensed under chapter
  1  6 80A, or a person's employment as a peace officer, correctional
  1  7 officer, security guard, bank messenger or other person
  1  8 transporting property of a value requiring security, or in
  1  9 police work, reasonably justifies that person going armed.
  1 10 The permit shall be on a form prescribed and published by the
  1 11 commissioner of public safety, shall identify the holder, and
  1 12 shall state the nature of the employment requiring the holder
  1 13 to go armed.  A permit so issued, other than to a peace
  1 14 officer, shall authorize the person to whom it is issued to go
  1 15 armed anywhere in the state, only while engaged in the
  1 16 employment, and while going to and from the place of the
  1 17 employment.  A permit issued to a certified peace officer
  1 18 shall authorize that peace officer to go armed anywhere in the
  1 19 state at all times.  Permits shall expire twelve months after
  1 20 the date when issued except that permits issued to peace
  1 21 officers and correctional officers are valid through the
  1 22 officer's period of employment unless otherwise canceled.
  1 23 When the employment is terminated, the holder of the permit
  1 24 shall surrender it to the issuing officer commissioner of
  1 25 public safety for cancellation.
  1 26    Sec. 2.  Section 724.7, Code 2005, is amended to read as
  1 27 follows:
  1 28    724.7  NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
  1 29    Any person who can reasonably justify going armed may shall
  1 30 be issued a nonprofessional permit to carry weapons.  Such
  1 31 permits shall be on a form prescribed and published by the
  1 32 commissioner of public safety, which shall be readily
  1 33 distinguishable from the professional permit, and shall
  1 34 identify the holder thereof, and state the reason for the
  1 35 issuance of the permit, and the limits of the authority
  2  1 granted by such permit.  All permits so issued shall be for a
  2  2 definite period as established by the issuing officer, but in
  2  3 no event shall exceed a period of twelve months of three
  2  4 years.
  2  5    Sec. 3.  Section 724.8, subsection 5, Code 2005, is amended
  2  6 to read as follows:
  2  7    5.  The issuing officer commissioner of public safety
  2  8 reasonably determines that the applicant does not constitute a
  2  9 danger to any person.
  2 10    Sec. 4.  Section 724.9, Code 2005, is amended to read as
  2 11 follows:
  2 12    724.9  FIREARM FIREARMS TRAINING PROGRAM PROGRAMS.
  2 13    A training program to qualify persons in the safe use of
  2 14 firearms shall be provided by the issuing officer of permits,
  2 15 as provided in section 724.11.
  2 16    1.  The commissioner of public safety shall establish
  2 17 minimum standards for a training program designed to qualify
  2 18 persons in the safe use of firearms and shall include a course
  2 19 of instruction designed to qualify a person on a firing range.
  2 20 The program shall include at a minimum an eight=hour course of
  2 21 instruction.  The course of instruction shall include the
  2 22 following topics:
  2 23    a.  Firearms safety in the classroom, at home, on the
  2 24 firing range, and while carrying the firearm.
  2 25    b.  A physical demonstration performed by the applicant
  2 26 that demonstrates the applicant's ability to safely load and
  2 27 unload a revolver and a semiautomatic pistol and the
  2 28 applicant's marksmanship.
  2 29    c.  The basic principles of marksmanship.
  2 30    d.  The law relating to firearms pursuant to chapter 724.
  2 31    e.  The law relating to the justifiable use of force
  2 32 pursuant to chapter 704.
  2 33    f.  A live fire test administered to the applicant while in
  2 34 the presence of a qualified firearms safety instructor as
  2 35 defined in section 724.9B of twenty rounds from a standing
  3  1 position or its equivalent at a distance from a B=27
  3  2 silhouette target, or an equivalent target, of seven yards.
  3  3    2.  The commissioner of public safety shall approve the
  3  4 training program, and the county sheriff or the commissioner
  3  5 of public safety conducting the training program within their
  3  6 respective jurisdictions may contract with a private
  3  7 organization or use the services of other agencies, or may use
  3  8 a combination of the two, to provide such a training program
  3  9 that meets the minimum standards specified in subsection 1.
  3 10 Any person eligible to be issued a permit to carry weapons may
  3 11 enroll in such course.  A fee sufficient to cover the cost of
  3 12 the program may be charged to each person attending.
  3 13 Certificates of completion, on a form prescribed and published
  3 14 by the commissioner of public safety, shall be issued by a
  3 15 qualified firearms safety instructor subject to the
  3 16 restrictions of section 724.9A to each person who successfully
  3 17 completes the program.  No A person shall not be issued either
  3 18 a professional or nonprofessional permit unless the person has
  3 19 received a certificate of completion or is a certified peace
  3 20 officer.  No A peace officer or correctional officer, except a
  3 21 certified peace officer, shall not go armed with a pistol or
  3 22 revolver unless the officer has received a certificate of
  3 23 completion, provided that this requirement shall not apply to
  3 24 persons who are employed in this state as peace officers on
  3 25 January 1, 1978 until July 1, 1978, or to peace officers of
  3 26 other jurisdictions exercising their legal duties within this
  3 27 state.
  3 28    Sec. 5.  NEW SECTION.  724.9A  CERTIFICATE OF COMPLETION.
  3 29    A qualified firearms safety instructor shall not issue a
  3 30 certificate of completion to an applicant for a permit to
  3 31 carry weapons who fails to do any of the following:
  3 32    1.  Follow the orders of the qualified firearms safety
  3 33 instructor or the qualified firearms safety instructor's
  3 34 designee.
  3 35    2.  Handle a firearm in a manner that, in the judgment of
  4  1 the qualified firearms safety instructor, poses a danger to
  4  2 the applicant or others.
  4  3    3.  During the live fire testing portion of the training
  4  4 program, fails to hit the silhouette portion of the targets
  4  5 with at least fifteen rounds.
  4  6    Sec. 6.  NEW SECTION.  724.9B  QUALIFIED FIREARMS SAFETY
  4  7 INSTRUCTOR.
  4  8    A firearms safety instructor shall be considered to be a
  4  9 qualified firearms safety instructor if the instructor has any
  4 10 of the following qualifications:
  4 11    1.  Is a valid firearms safety instructor certified by the
  4 12 national rifle association holding a rating as a personal
  4 13 protection instructor or pistol marksmanship instructor.
  4 14    2.  Submits a photocopy of a certificate of completion of a
  4 15 firearms safety instructor course offered by a local, state,
  4 16 or federal governmental agency.
  4 17    3.  Submits a photocopy of a certificate of completion of a
  4 18 firearms safety instructor course approved by the department
  4 19 of public safety.
  4 20    4.  Has successfully completed a firearms safety instructor
  4 21 course given by or under the supervision of any state, county,
  4 22 municipal, or federal law enforcement agency.
  4 23    5.  Is a certified police officer firearms safety
  4 24 instructor.
  4 25    6.  Is a certified law enforcement academy firearms safety
  4 26 instructor.
  4 27    Sec. 7.  Section 724.11, Code 2005, is amended to read as
  4 28 follows:
  4 29    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS.
  4 30    Applications for permits to carry weapons shall be made to
  4 31 the sheriff of the county in which the applicant resides.
  4 32 Applications from persons who are nonresidents of the state,
  4 33 or whose need to go armed arises out of employment by the
  4 34 state, shall be made to the commissioner of public safety.  In
  4 35 either case, the The issuance of the permit shall be by and at
  5  1 the discretion of the sheriff or commissioner, who shall,
  5  2 before issuing the permit, determine that issue the permit
  5  3 after determining the requirements of sections 724.6 to 724.10
  5  4 have been satisfied.  However, the training program
  5  5 requirements in section 724.9 may shall be waived for renewal
  5  6 permits.  The issuing officer commissioner shall collect a fee
  5  7 of ten thirty dollars, except from a duly appointed peace
  5  8 officer or correctional officer, for each permit issued.
  5  9 Renewal permits or duplicate permits shall be issued for a fee
  5 10 of five dollars.  The issuing officer shall notify the
  5 11 commissioner of public safety shall keep a monthly record of
  5 12 the issuance of any permit at least monthly and forward to the
  5 13 commissioner an amount equal to and shall collect an
  5 14 additional fee of two dollars for each permit issued and one
  5 15 dollar for each renewal or duplicate permit issued.  All such
  5 16 fees received by the commissioner shall be paid to the
  5 17 treasurer of state and deposited in the operating account of
  5 18 the department of public safety to offset the cost of
  5 19 administering this chapter.  Any unspent balance as of June 30
  5 20 of each year shall revert to the general fund as provided by
  5 21 section 8.33.
  5 22    Sec. 8.  NEW SECTION.  724.11A  RECIPROCITY.
  5 23    A person possessing a valid out=of=state permit to carry a
  5 24 weapon shall be entitled to the privileges and subject to the
  5 25 restrictions prescribed by this chapter provided the state
  5 26 that issued the license recognizes weapons permits issued in
  5 27 Iowa.
  5 28    Sec. 9.  Section 724.13, Code 2005, is amended to read as
  5 29 follows:
  5 30    724.13  REVOCATION OF PERMIT TO CARRY WEAPONS.
  5 31    The issuing officer commissioner of public safety may
  5 32 revoke any permit to carry weapons when the officer
  5 33 commissioner learns that any of the conditions required for
  5 34 the issuance of that permit as stated in sections 724.6 to
  5 35 724.10 have ceased to exist, or when the officer commissioner
  6  1 learns that that permit was improperly issued.  When the
  6  2 issuing officer commissioner revokes a permit, the officer
  6  3 commissioner shall notify the permit holder of such revocation
  6  4 on a form prescribed and published by the commissioner of
  6  5 public safety, and shall forward a copy of the form to the
  6  6 commissioner of public safety commissioner's office.  From the
  6  7 time the permit holder receives notice of revocation, the
  6  8 permit shall cease to have any force or effect.  Permit
  6  9 revocations may be reviewed by writ of certiorari.
  6 10    Sec. 10.  NEW SECTION.  724.13A  IMMUNITY.
  6 11    The commissioner of public safety shall not be liable for
  6 12 damages in any civil action arising from the alleged wrongful
  6 13 issuance, renewal, or failure to revoke a permit to carry
  6 14 weapons provided that the commissioner acted in good faith and
  6 15 without malice in carrying out the commissioner's official
  6 16 duties.
  6 17                           EXPLANATION
  6 18    This bill relates to the issuance of weapons permits.
  6 19    Current law provides that a county sheriff in the county in
  6 20 which an applicant for a weapons permit resides, or the
  6 21 commissioner of public safety if the applicant is a
  6 22 nonresident of the state, has discretion in determining
  6 23 whether or not to issue a concealed weapons permit to an
  6 24 applicant after the sheriff or the commissioner determines the
  6 25 applicant meets certain requirements.  The bill eliminates
  6 26 that discretion and provides that the commissioner of public
  6 27 safety and not the sheriff of the county in which the
  6 28 applicant for a permit to carry weapons resides shall issue a
  6 29 permit to carry weapons upon determining that the requirements
  6 30 have been satisfied.  The bill provides that the training
  6 31 program requirements shall be waived for renewal permits.
  6 32    The bill changes the fee for a permit to carry weapons from
  6 33 $10 to $30.
  6 34    The bill provides that a nonprofessional permit to carry
  6 35 weapons shall be issued for a three=year period.  Current law
  7  1 allows the permit to be issued for a period determined by the
  7  2 commissioner of public safety or the sheriff not to exceed one
  7  3 year.
  7  4    The bill amends current law relating to a firearms training
  7  5 program.  The bill provides that the commissioner of public
  7  6 safety shall establish minimum firearms safety standards.  The
  7  7 bill specifies that the commissioner of public safety shall
  7  8 establish certain minimum training standards relating to the
  7  9 qualifications of persons in the safe use of firearms and
  7 10 shall include a course of instruction designed to qualify a
  7 11 person on a firing range.
  7 12    The bill provides that a qualified firearms safety
  7 13 instructor shall issue a certificate of completion to a person
  7 14 who successfully completes the training program, including
  7 15 certain specific requirements relating to live fire ammunition
  7 16 testing on a firing range.  The bill specifically provides
  7 17 that a person who does not follow the orders of the qualified
  7 18 firearms safety instructor, handles a firearm in a manner that
  7 19 poses a danger to the applicant or others, or who, during the
  7 20 live fire testing portion of the training program, fails to
  7 21 hit the silhouette portion of the targets with at least 15
  7 22 rounds, shall not be issued a certificate of completion.
  7 23 Under the bill, an applicant for a permit to carry weapons
  7 24 shall not be issued a permit to carry weapons unless the
  7 25 applicant has received a certificate of completion or is a
  7 26 certified peace officer.
  7 27    The bill defines a qualified firearms safety instructor as
  7 28 a person who meets any of the following qualifications:
  7 29    1.  Is a valid firearms safety instructor certified by the
  7 30 national rifle association holding a rating as a personal
  7 31 protection instructor or pistol marksmanship instructor.
  7 32    2.  Submits a photocopy of a certificate of completion of a
  7 33 firearms safety instructor course offered by a local, state,
  7 34 or federal governmental agency.
  7 35    3.  Submits a photocopy of a certificate of completion of a
  8  1 firearms safety instructor course approved by the department
  8  2 of public safety.
  8  3    4.  Has successfully completed a firearms safety instructor
  8  4 course given by or under the supervision of any state, county,
  8  5 municipal, or federal law enforcement agency.
  8  6    5.  Is a certified police officer firearms safety
  8  7 instructor.
  8  8    6.  Is a certified law enforcement academy firearms safety
  8  9 instructor.
  8 10    The bill provides that a person possessing a valid out=of=
  8 11 state permit to carry a weapon shall be entitled to the
  8 12 privileges and subject to the restrictions prescribed by this
  8 13 chapter provided that the state that issued the license
  8 14 recognizes weapons permits issued in Iowa.
  8 15    The bill further provides that the commissioner of public
  8 16 safety shall not be liable for damages in any civil action
  8 17 arising from the alleged wrongful issuance, renewal, or
  8 18 failure to revoke a permit to carry weapons provided that the
  8 19 commissioner acted in good faith and without malice in
  8 20 carrying out the commissioner's official duties.
  8 21 LSB 5852YC 81
  8 22 rh:rj/sh/8.1