Senate File 2090 - Introduced



                                      SENATE FILE       
                                      BY  McKIBBEN, IVERSON, LAMBERTI,
                                          JOHNSON, KETTERING, ZIEMAN,
                                          BEHN, and HAHN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of weapons permits by a county
  2    sheriff or the commissioner of public safety.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5505XS 81
  5 rh/gg/14

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 for cancellation.
  1 25    Sec. 2.  Section 724.7, Code 2005, is amended to read as
  1 26 follows:
  1 27    724.7  NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
  1 28    Any person who can reasonably justify going armed may shall
  1 29 be issued a nonprofessional permit to carry weapons.  Such
  1 30 permits shall be on a form prescribed and published by the
  1 31 commissioner of public safety, which shall be readily
  1 32 distinguishable from the professional permit, and shall
  1 33 identify the holder thereof, and state the reason for the
  1 34 issuance of the permit, and the limits of the authority
  1 35 granted by such permit.  All permits so issued shall be for a
  2  1 definite period as established by the issuing officer, but in
  2  2 no event shall exceed a period of twelve months.
  2  3    Sec. 3.  Section 724.11, Code 2005, is amended to read as
  2  4 follows:
  2  5    724.11  ISSUANCE OF PERMIT TO CARRY WEAPONS.
  2  6    Applications for permits to carry weapons shall be made to
  2  7 the sheriff of the county in which the applicant resides.
  2  8 Applications from persons who are nonresidents of the state,
  2  9 or whose need to go armed arises out of employment by the
  2 10 state, shall be made to the commissioner of public safety.  In
  2 11 either case, the issuance of the permit shall be by and at the
  2 12 discretion of the sheriff or commissioner, who shall, before
  2 13 issuing issue the permit, determine that if the sheriff or
  2 14 commissioner determines that the requirements of sections
  2 15 724.6 to 724.10 have been satisfied.  However, the training
  2 16 program requirements in section 724.9 may be waived for
  2 17 renewal permits.  The issuing officer shall collect a fee of
  2 18 ten dollars, except from a duly appointed peace officer or
  2 19 correctional officer, for each permit issued.  Renewal permits
  2 20 or duplicate permits shall be issued for a fee of five
  2 21 dollars.  The issuing officer shall notify the commissioner of
  2 22 public safety of the issuance of any permit at least monthly
  2 23 and forward to the commissioner an amount equal to two dollars
  2 24 for each permit issued and one dollar for each renewal or
  2 25 duplicate permit issued.  All such fees received by the
  2 26 commissioner shall be paid to the treasurer of state and
  2 27 deposited in the operating account of the department of public
  2 28 safety to offset the cost of administering this chapter.  Any
  2 29 unspent balance as of June 30 of each year shall revert to the
  2 30 general fund as provided by section 8.33.
  2 31                           EXPLANATION
  2 32    This bill relates to the issuance of weapons permits by a
  2 33 county sheriff or the commissioner of public safety.
  2 34    Current law provides that a county sheriff in the county in
  2 35 which an applicant for a weapons permit resides, or the
  3  1 commissioner of public safety, if the applicant is a
  3  2 nonresident of the state, has discretion in determining
  3  3 whether or not to issue a concealed weapons permit to an
  3  4 applicant after the sheriff or the commissioner determines the
  3  5 applicant meets certain requirements.  The bill eliminates
  3  6 that discretion and provides that the county sheriff or the
  3  7 commissioner of public safety shall issue a permit to carry
  3  8 weapons upon determining that the requirements have been
  3  9 satisfied.
  3 10 LSB 5505XS 81
  3 11 rh:rj/gg/14.1