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