Senate File 207 - Introduced
SENATE FILE
BY CONNOLLY, DVORSKY,
LUNDBY, and TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting the unauthorized possession of semiautomatic
2 assault weapons without a permit, providing and applying
3 certain penalties, and including a transition provision for
4 weapons possessed upon the effective date of the Act.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2000XS 81
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PAG LIN
1 1 Section 1. Section 724.1, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8A. A semiautomatic assault weapon as
1 4 defined in section 724.1A.
1 5 Sec. 2. NEW SECTION. 724.1A SEMIAUTOMATIC ASSAULT WEAPON
1 6 DEFINED.
1 7 1. "Semiautomatic assault weapon" means any of the
1 8 following:
1 9 a. A semiautomatic rifle that has the capability to accept
1 10 a detachable ammunition magazine and that has any of the
1 11 following:
1 12 (1) A pistol grip or thumbhole stock.
1 13 (2) A forward grip or any feature capable of functioning
1 14 as a protruding grip that can be held by the nontrigger hand.
1 15 (3) A shroud attached to the barrel, or that partially or
1 16 completely encircles the barrel, allowing the user to hold the
1 17 firearm with the nontrigger hand without being burned, but
1 18 excluding a slide that encloses the barrel.
1 19 (4) A folding or telescoping stock.
1 20 (5) A threaded barrel.
1 21 b. A semiautomatic rifle that has the capability to accept
1 22 a detachable ammunition magazine that was originally designed
1 23 and produced for a military assault rifle.
1 24 c. A semiautomatic pistol that has the capability to
1 25 accept a detachable ammunition magazine and any of the
1 26 following:
1 27 (1) A second grip or any feature capable of functioning as
1 28 a protruding grip that can be held by the nontrigger hand.
1 29 (2) A shroud attached to the barrel, or that partially or
1 30 completely encircles the barrel, allowing the user to hold the
1 31 firearm with the nontrigger hand without being burned, but
1 32 excluding a slide that encloses the barrel.
1 33 (3) A threaded barrel.
1 34 (4) A folding or telescoping stock.
1 35 (5) The capability to accept a detachable ammunition
2 1 magazine at any location outside the pistol grip.
2 2 d. A semiautomatic shotgun that has any of the following:
2 3 (1) The capability to accept a detachable ammunition
2 4 magazine.
2 5 (2) A pistol grip.
2 6 (3) A folding or telescoping stock.
2 7 e. A shotgun with a revolving cylinder.
2 8 f. A conversion kit, part, or combination of parts, from
2 9 which a semiautomatic assault weapon can be assembled if the
2 10 parts are in the possession of or under the control of the
2 11 same person.
2 12 g. A frame or receiver that is identical to, or based
2 13 substantially on, the frame or receiver of a semiautomatic
2 14 assault weapon described in paragraphs "a" through "e".
2 15 2. "Semiautomatic assault weapon" does not include any of
2 16 the following:
2 17 a. A firearm that is manually operated by a bolt, pump,
2 18 lever, or slide action.
2 19 b. A firearm that has been rendered permanently
2 20 inoperable.
2 21 3. The commissioner of public safety shall maintain a list
2 22 of semiautomatic assault weapons as defined by this section.
2 23 Sec. 3. NEW SECTION. 724.1B APPLICATION FOR PERMIT TO
2 24 POSSESS SEMIAUTOMATIC ASSAULT WEAPONS.
2 25 1. An application for a permit to possess a semiautomatic
2 26 assault weapon shall be made in person to the sheriff of the
2 27 county in which the applicant resides and shall be on a form
2 28 prescribed and published by the commissioner of public safety.
2 29 The application shall state the full name of the applicant,
2 30 the driver's license or nonoperator's identification card
2 31 number of the applicant, the residence of the applicant, and
2 32 the age of the applicant. The application shall also identify
2 33 the make, model, and serial number of each semiautomatic
2 34 assault weapon to be covered by the permit. The applicant
2 35 shall also display a photo identification card that bears a
3 1 distinguishing number assigned to the cardholder, the full
3 2 name, date of birth, sex, and residence address or other
3 3 identification as specified by rule of the department of
3 4 public safety. A person who knowingly makes a false statement
3 5 of material fact on the application commits a class "D"
3 6 felony.
3 7 Sec. 4. NEW SECTION. 724.1C PERMIT TO POSSESS
3 8 SEMIAUTOMATIC ASSAULT WEAPONS == ELIGIBILITY.
3 9 The sheriff shall conduct a criminal background check of an
3 10 applicant for a permit to possess a semiautomatic assault
3 11 weapon to determine whether the applicant is prohibited from
3 12 possessing a firearm under federal or state law. The sheriff
3 13 of the county in which the applicant resides shall issue a
3 14 permit to an applicant who is not prohibited by law from
3 15 possessing firearms and who satisfies all of the following
3 16 requirements:
3 17 1. The person applying for a permit to possess a
3 18 semiautomatic assault weapon is one of the following:
3 19 a. Is eighteen years of age or older and is applying for
3 20 permission to possess a semiautomatic rifle or shotgun.
3 21 b. Is twenty=one years of age or older and is applying for
3 22 permission to possess a semiautomatic pistol.
3 23 2. The person has never been convicted of a felony.
3 24 3. The person is not addicted to the use of alcohol or any
3 25 controlled substance.
3 26 4. The person has no history of repeated acts of violence.
3 27 5. The person has never been convicted of a crime defined
3 28 in chapter 708.
3 29 6. The person has never been adjudged mentally
3 30 incompetent.
3 31 Sec. 5. NEW SECTION. 724.1D PERMIT TO POSSESS
3 32 SEMIAUTOMATIC ASSAULT WEAPONS == ISSUANCE == REVOCATION.
3 33 1. A permit to possess a semiautomatic assault weapon
3 34 shall be on a form prescribed and published by the
3 35 commissioner of public safety. The permit shall contain the
4 1 name and residence of the permit holder, the make, model, and
4 2 serial number of the semiautomatic assault weapon covered by
4 3 the permit, and the period of time covered by the permit. A
4 4 permit to possess a semiautomatic assault weapon shall be
4 5 valid for a period of three years from the effective date of
4 6 issuance or renewal. The sheriff shall collect a fee of ten
4 7 dollars for each new or renewal permit issued. The sheriff
4 8 shall forward a copy of each permit to the commissioner of
4 9 public safety.
4 10 2. The issuing sheriff shall revoke a permit to possess a
4 11 semiautomatic assault weapon if the sheriff learns that any of
4 12 the conditions required for the issuance of the permit as
4 13 stated in section 724.1C have ceased to exist, or if the
4 14 sheriff learns that the permit was improperly issued. If the
4 15 issuing sheriff revokes a permit, the sheriff shall notify the
4 16 permit holder of the revocation on a form prescribed and
4 17 published by the commissioner of public safety, and shall
4 18 forward a copy of the revocation to the commissioner of public
4 19 safety. The permit holder shall have seven days from receipt
4 20 of the revocation notification to surrender possession of all
4 21 semiautomatic assault weapons covered by the permit by any of
4 22 the following methods:
4 23 a. Removal of the semiautomatic assault weapon from this
4 24 state.
4 25 b. Rendering the semiautomatic assault weapon permanently
4 26 inoperable.
4 27 c. Delivering the semiautomatic assault weapon to an
4 28 appropriate law enforcement agency for destruction.
4 29 Sec. 6. NEW SECTION. 724.1E SEMIAUTOMATIC ASSAULT
4 30 WEAPONS RECORDS.
4 31 The commissioner of public safety shall maintain a
4 32 permanent record of all current permits to possess
4 33 semiautomatic assault weapons and of current permit
4 34 revocations.
4 35 Sec. 7. NEW SECTION. 724.1F POSSESSION OF SEMIAUTOMATIC
5 1 ASSAULT WEAPON PRIOR TO JULY 1, 2005.
5 2 A person who, prior to July 1, 2005, legally possessed a
5 3 semiautomatic assault weapon as defined in section 724.1A
5 4 shall have until September 15, 2005, to do any of the
5 5 following without being subject to prosecution:
5 6 1. Obtain a permit to possess a semiautomatic assault
5 7 weapon pursuant to section 724.1C.
5 8 2. Remove the semiautomatic assault weapon from this
5 9 state.
5 10 3. Render the semiautomatic assault weapon permanently
5 11 inoperable.
5 12 4. Deliver the semiautomatic assault weapon to an
5 13 appropriate law enforcement agency for destruction.
5 14 Sec. 8. Section 724.3, Code 2005, is amended to read as
5 15 follows:
5 16 724.3 UNAUTHORIZED POSSESSION OF OFFENSIVE WEAPONS.
5 17 Any Except as otherwise provided in section 724.1F, a
5 18 person, other than a person authorized herein, who knowingly
5 19 possesses an offensive weapon commits a class "D" felony.
5 20 EXPLANATION
5 21 This bill prohibits the unauthorized possession of
5 22 semiautomatic assault weapons without a permit, creates a
5 23 penalty, and applies certain penalties for offensive weapons
5 24 violations contained in Code chapter 724 relating to weapons.
5 25 The bill defines a semiautomatic assault weapon as an
5 26 offensive weapon under Code section 724.1 and defines a
5 27 semiautomatic assault weapon to include a semiautomatic rifle,
5 28 pistol, or shotgun with certain characteristics, a shotgun
5 29 with certain characteristics, a conversion kit, part, or
5 30 combination of parts from which a semiautomatic weapon can be
5 31 assembled, and a frame or receiver that is identical to or
5 32 based substantially on the frame or receiver or a
5 33 semiautomatic assault weapon. The bill excludes a firearm
5 34 that is manually operated by a bolt, pump, lever, or slide
5 35 action and a firearm that has been rendered permanently
6 1 inoperable from the definition of a semiautomatic assault
6 2 weapon.
6 3 The bill prohibits a person from possessing a semiautomatic
6 4 assault weapon, other than a person who has a permit to
6 5 possess a semiautomatic assault weapon, or whose duties or
6 6 lawful activities require or permit such possession pursuant
6 7 to Code section 724.2. The bill provides that a person must
6 8 apply in person to the sheriff of the county in which the
6 9 person resides for a permit to possess a semiautomatic assault
6 10 weapon and specifies certain information that must be
6 11 contained in the permit application. The sheriff shall
6 12 conduct a criminal background check of a person who applies
6 13 for a permit to determine whether the person is prohibited
6 14 from possessing a firearm under federal or state law, and if
6 15 not prohibited, the sheriff shall issue a permit to a person
6 16 who satisfies certain requirements.
6 17 The bill further provides certain information that shall be
6 18 contained in the permit to possess semiautomatic assault
6 19 weapons. Such a permit shall be valid for a period of three
6 20 years from the effective date of issue or renewal. The
6 21 sheriff shall collect a fee of $10 for each new or renewal
6 22 permit and shall forward a copy of each permit to possess
6 23 semiautomatic assault weapons to the commissioner of public
6 24 safety. The sheriff shall revoke any such permit when the
6 25 sheriff learns that any of the conditions required for the
6 26 issuance of that permit have ceased to exist or when the
6 27 sheriff learns that the permit was improperly issued.
6 28 The bill provides that the commissioner of public safety
6 29 shall maintain a permanent record of all current permits to
6 30 possess semiautomatic assault weapons and of current permit
6 31 revocations.
6 32 The bill provides that a person who, prior to July 1, 2005,
6 33 legally possesses a semiautomatic assault weapon as defined in
6 34 Code section 724.1A shall have until September 15, 2005, to do
6 35 any of the following without being subject to prosecution:
7 1 1. Obtain a permit to possess semiautomatic assault
7 2 weapons pursuant to Code section 724.1B.
7 3 2. Remove the semiautomatic assault weapon from this
7 4 state.
7 5 3. Render the semiautomatic assault weapon permanently
7 6 inoperable.
7 7 4. Deliver the semiautomatic assault weapon to an
7 8 appropriate law enforcement agency for destruction.
7 9 The bill provides that a person who knowingly makes a false
7 10 statement of material fact on the application to possess a
7 11 semiautomatic assault weapon commits a class "D" felony.
7 12 The bill subjects a person who unlawfully possesses a
7 13 semiautomatic assault weapon as an offensive weapon (Code
7 14 section 724.3), a person who goes armed with, carries, or
7 15 transports a semiautomatic assault weapon as a firearm on
7 16 school grounds (Code section 724.4B), and a person who is a
7 17 felon in possession of a semiautomatic assault weapon as a
7 18 firearm or offensive weapon (Code section 724.26) to a class
7 19 "D" felony, subjects a person who intentionally discharges a
7 20 semiautomatic assault weapon as a firearm in a reckless manner
7 21 (Code section 724.30) to a simple misdemeanor, an aggravated
7 22 misdemeanor, a class "D" felony, or a class "C" felony
7 23 depending on the type of injury that occurs, subjects a person
7 24 who allows a child under the age of 14 access to a loaded
7 25 semiautomatic assault weapon as a firearm to a serious
7 26 misdemeanor (Code section 724.22, subsection 7), and subjects
7 27 a person who sells a device that increases the rate of fire of
7 28 a semiautomatic assault weapon as a firearm to an aggravated
7 29 misdemeanor (Code section 724.29).
7 30 A simple misdemeanor is punishable by confinement for no
7 31 more than 30 days or a fine of at least $50 but not more than
7 32 $500 or by both. A serious misdemeanor is punishable by
7 33 confinement for no more than one year and a fine of at least
7 34 $250 but not more than $1,500. An aggravated misdemeanor is
7 35 punishable by confinement for no more than two years and a
8 1 fine of at least $500 but not more than $5,000. A class "D"
8 2 felony is punishable by confinement for no more than five
8 3 years and a fine of at least $750 but not more than $7,500. A
8 4 class "C" felony is punishable by confinement for no more than
8 5 10 years and a fine of at least $1,000 but not more than
8 6 $10,000.
8 7 LSB 2000XS 81
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