House File 2092 - Introduced
HOUSE FILE
BY BAUDLER, WATTS, WINDSCHITL,
PETTENGILL, HUSEMAN, TYMESON,
TJEPKES, CHAMBERS, REICHERT,
DE BOEF, DEYOE, KAUFMANN, WORTHAN,
GAYMAN, GRASSLEY, DOLECHECK,
RASMUSSEN, ALONS, S. OLSON, SANDS,
HORBACH, FORRISTALL, VAN FOSSEN,
MAY, HOFFMAN, HEATON, LUKAN,
DRAKE, SODERBERG, SCHICKEL,
GRANZOW, QUIRK, ARNOLD, D. TAYLOR,
STRUYK, BOAL, WISE, BELL, MERTZ,
WHITAKER, and RANTS
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 5285YH 82
4 rh/rj/5
PAG LIN
1 1 Section 1. Section 724.7, Code 2007, is amended to read as
1 2 follows:
1 3 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
1 4 Any A person who can reasonably justify going armed may
1 5 shall be issued a nonprofessional permit to carry weapons.
1 6 Such permits shall be on a form prescribed and published by
1 7 the 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 12 definite period as established by the issuing officer, but in
1 13 no event shall exceed a period of twelve months.
1 14 Sec. 2. Section 724.8, Code 2007, is amended to read as
1 15 follows:
1 16 724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS.
1 17 No A person shall not be issued a professional or
1 18 nonprofessional permit to carry weapons unless:
1 19 1. The person is eighteen years of age or older for a
1 20 professional permit or twenty=one years or older for a
1 21 nonprofessional permit.
1 22 2. The person has never been convicted of a felony.
1 23 3. The person is not addicted to the use of alcohol or any
1 24 controlled substance.
1 25 4. The person has no history of repeated acts of violence.
1 26 5. The issuing officer reasonably determines that the
1 27 applicant does not constitute a danger to any person.
1 28 6. The person has never been convicted of any crime
1 29 defined in chapter 708, except "assault" as defined in section
1 30 708.1 and "harassment" as defined in section 708.7.
1 31 Sec. 3. Section 724.9, Code 2007, is amended to read as
1 32 follows:
1 33 724.9 FIREARM FIREARMS TRAINING PROGRAM.
1 34 A training program to qualify persons in the safe use of
1 35 firearms shall be provided by the issuing officer of permits,
2 1 as provided in section 724.11.
2 2 1. The commissioner of public safety shall establish
2 3 minimum standards for a training program designed to qualify
2 4 persons in the safe use of firearms and shall include a course
2 5 of instruction designed to qualify a person on a firing range.
2 6 The course of instruction shall be limited to a maximum of six
2 7 hours in length. The course of instruction shall include all
2 8 of the following:
2 9 a. Firearms safety in the classroom, at home, on the
2 10 firing range, and while carrying the firearm.
2 11 b. A physical demonstration performed by the applicant
2 12 that demonstrates the applicant's ability to safely load and
2 13 unload a revolver or a semiautomatic pistol and the
2 14 applicant's marksmanship.
2 15 c. The basic principles of marksmanship.
2 16 d. The law relating to firearms pursuant to this chapter.
2 17 e. The law relating to the justifiable use of force
2 18 pursuant to chapter 704.
2 19 f. A live fire shooting test administered to an applicant
2 20 pursuant to section 724.9A.
2 21 2. The commissioner of public safety shall approve the
2 22 training program, and the county sheriff or the commissioner
2 23 of public safety conducting the training program within their
2 24 respective jurisdictions may contract with a private
2 25 organization or use the services of other agencies, or may use
2 26 a combination of the two, to provide such a training program
2 27 that meets the standards specified in subsection 1. Any
2 28 person eligible to be issued a permit to carry weapons may
2 29 enroll in such course. A fee sufficient to cover the cost of
2 30 the program may be charged to each person attending.
2 31 Certificates of completion, on a form prescribed and published
2 32 by the commissioner of public safety, shall be issued by a
2 33 qualified firearms safety instructor subject to the
2 34 restrictions of section 724.9B to each person who successfully
2 35 completes the program. No A person shall not be issued either
3 1 a professional or nonprofessional permit unless the person has
3 2 received a certificate of completion or is a certified peace
3 3 officer. No A peace officer or correctional officer, except a
3 4 certified peace officer, shall not go armed with a pistol or
3 5 revolver unless the officer has received a certificate of
3 6 completion, provided that this requirement shall not apply to
3 7 persons who are employed in this state as peace officers on
3 8 January 1, 1978 until July 1, 1978, or to peace officers of
3 9 other jurisdictions exercising their legal duties within this
3 10 state.
3 11 Sec. 4. NEW SECTION. 724.9A LIVE FIRE SHOOTING TEST.
3 12 1. A live fire shooting test shall be administered in the
3 13 presence of a firearms safety instructor qualified under
3 14 section 724.9C to an applicant for a nonprofessional permit to
3 15 carry weapons. The live fire shooting test shall consist of
3 16 thirty rounds fired from a standing position or its equivalent
3 17 at a distance from a B=27 silhouette target or an FBI "Q"
3 18 target, ten rounds fired from a distance of five yards, ten
3 19 rounds fired from a distance of seven yards, and ten rounds
3 20 fired from a distance of ten yards. Two sets of five rounds
3 21 shall be fired consecutively at each designated distance and
3 22 each five=round string shall be fired within thirty seconds.
3 23 Twenty=one of the rounds fired must strike either the
3 24 eight=ring on the B=27 target or the smallest FBI "Q" target
3 25 to pass the live fire shooting test.
3 26 2. An applicant for a nonprofessional permit to carry
3 27 weapons may attempt to pass the live fire shooting test
3 28 administered pursuant to subsection 1 up to three times in one
3 29 day but must pass the shooting test within two weeks of
3 30 completing a firearms training program pursuant to section
3 31 724.9. An applicant who fails the live fire shooting test
3 32 within the requisite two=week period shall be required to
3 33 retake the firearms training program prior to again attempting
3 34 to pass the live fire shooting test.
3 35 3. The provisions of this section shall be implemented
4 1 uniformly throughout the state and shall constitute the
4 2 statewide standard for the course of instruction qualifying a
4 3 person to shoot on a firing range pursuant to section 724.9.
4 4 Sec. 5. NEW SECTION. 724.9B CERTIFICATE OF COMPLETION.
4 5 A qualified firearms safety instructor shall not issue a
4 6 certificate of completion to an applicant for a permit to
4 7 carry weapons who does any of the following:
4 8 1. Fails to demonstrate the requisite knowledge and
4 9 technique regarding the proper handling of a firearm.
4 10 2. Handles a firearm in a manner that, in the judgment of
4 11 the qualified firearms safety instructor, poses a danger to
4 12 the applicant or others.
4 13 3. Fails the live fire shooting test pursuant to the
4 14 requirements specified in section 724.9A.
4 15 Sec. 6. NEW SECTION. 724.9C QUALIFIED FIREARMS SAFETY
4 16 INSTRUCTOR.
4 17 A firearms safety instructor shall be considered to be a
4 18 qualified firearms safety instructor if the instructor has any
4 19 of the following qualifications:
4 20 1. Is a valid firearms safety instructor certified by the
4 21 national rifle association holding a rating as a personal
4 22 protection instructor or pistol marksmanship instructor.
4 23 2. Submits a photocopy of a certificate of completion of a
4 24 firearms safety instructor course offered by a local, state,
4 25 or federal governmental agency and approved by the department
4 26 of public safety.
4 27 3. Submits a photocopy of a certificate of completion of a
4 28 firearms safety instructor course approved by the department
4 29 of public safety.
4 30 4. Has successfully completed a firearms safety instructor
4 31 course given by or under the supervision of any state, county,
4 32 municipal, or federal enforcement agency.
4 33 5. Is a certified police officer firearms safety
4 34 instructor.
4 35 6. Is a certified law enforcement academy firearms safety
5 1 instructor.
5 2 Sec. 7. Section 724.11, Code 2007, is amended to read as
5 3 follows:
5 4 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.
5 5 1. Applications for permits to carry weapons shall be made
5 6 to the sheriff of the county in which the applicant resides.
5 7 Applications from persons who are nonresidents of the state,
5 8 or whose need to go armed arises out of employment by the
5 9 state, shall be made to the commissioner of public safety. In
5 10 either case, the issuance of the permit shall be by and at the
5 11 discretion of the sheriff or commissioner, who shall, before
5 12 issuing the permit, determine that the requirements of
5 13 sections 724.6 to 724.10 have been satisfied. However, the
5 14 training program requirements in section 724.9 may shall be
5 15 waived for renewal permits. If the sheriff or the
5 16 commissioner restricts or denies an application for a permit
5 17 under this section, the sheriff or commissioner shall provide
5 18 a written statement of the reasons for the restriction or the
5 19 denial to the applicant by certified mail within fifteen
5 20 working days of the filing of the application.
5 21 2. The issuing officer shall collect a fee of ten dollars,
5 22 except from a duly appointed peace officer or correctional
5 23 officer, for each permit issued. Renewal permits or duplicate
5 24 permits shall be issued for a fee of five dollars. The
5 25 issuing officer shall notify the commissioner of public safety
5 26 of the issuance of any permit at least monthly and forward to
5 27 the commissioner an amount equal to two dollars for each
5 28 permit issued and one dollar for each renewal or duplicate
5 29 permit issued. All such fees received by the commissioner
5 30 shall be paid to the treasurer of state and deposited in the
5 31 operating account of the department of public safety to offset
5 32 the cost of administering this chapter. Any unspent balance
5 33 as of June 30 of each year shall revert to the general fund as
5 34 provided by section 8.33.
5 35 Sec. 8. NEW SECTION. 724.11A RECIPROCITY.
6 1 A person possessing a valid permit issued by another state
6 2 to carry a weapon shall be entitled to the privileges and
6 3 subject to the restrictions prescribed in this chapter
6 4 provided the state that issued the license has training
6 5 requirements that are equal to or greater than the training
6 6 requirements prescribed by this chapter. The department of
6 7 public safety shall determine which states qualify as
6 8 reciprocal states, shall maintain an up=to=date list of such
6 9 states, and shall post such information on the department's
6 10 internet site.
6 11 Sec. 9. NEW SECTION. 724.14 IMMUNITY.
6 12 The sheriff or the commissioner of public safety shall not
6 13 be liable for damages in any civil action arising from the
6 14 alleged wrongful issuance, renewal, or failure to revoke a
6 15 permit to carry weapons provided that the sheriff or the
6 16 commissioner acted in good faith and without malice in
6 17 carrying out the sheriff's or the commissioner's official
6 18 duties.
6 19 EXPLANATION
6 20 This bill relates to the issuance of weapons permits.
6 21 The bill provides that a person who is at least 21 and who
6 22 meets additional requirements specified in Code section 724.8
6 23 shall be issued a nonprofessional permit to carry weapons.
6 24 Current law provides that a person who is 18 who can
6 25 reasonably justify going armed and who meets the requisite
6 26 statutory requirements may be issued a nonprofessional permit
6 27 to carry weapons.
6 28 The bill amends current law relating to a firearms training
6 29 program. The bill requires the commissioner of public safety
6 30 to establish minimum firearms safety standards. The bill
6 31 specifies that the commissioner shall establish certain
6 32 training standards relating to the qualifications of persons
6 33 in the safe use of firearms. The bill further provides a
6 34 statewide standard designed to qualify an applicant for a
6 35 nonprofessional permit to carry weapons to shoot on a firing
7 1 range.
7 2 The bill provides that a qualified firearms safety
7 3 instructor shall issue a certificate of completion to a person
7 4 who successfully completes the training program, including the
7 5 completion of the requirements relating to live fire
7 6 ammunition testing on a firing range. The bill specifically
7 7 provides that a person who does not follow the orders of the
7 8 qualified firearms safety instructor, handles a firearm in a
7 9 manner that poses a danger to the applicant or others, or who
7 10 fails to pass the live fire testing portion of the training
7 11 program shall not be issued a certificate of completion. An
7 12 applicant for a permit to carry weapons shall not be issued a
7 13 permit to carry weapons unless the applicant has received a
7 14 certificate of completion or is a 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 and approved by the department
7 23 of public safety.
7 24 3. Submits a photocopy of a certificate of completion of a
7 25 firearms safety instructor course approved by the department
7 26 of public safety.
7 27 4. Has successfully completed a firearms safety instructor
7 28 course given by or under the supervision of any state, county,
7 29 municipal, or federal enforcement agency.
7 30 5. Is a certified police officer firearms safety
7 31 instructor.
7 32 6. Is a certified law enforcement academy firearms safety
7 33 instructor.
7 34 The bill provides that if the sheriff or commissioner
7 35 restricts or denies an application for a concealed weapons
8 1 permit, the sheriff or commissioner shall provide a written
8 2 statement of the reasons for the restriction or denial. The
8 3 bill increases the portion of the fee the issuing officer
8 4 sends to the commissioner of public safety from $2 to $5 for
8 5 each permit issued and from $1 to $2 for each renewal or
8 6 duplicate permit issued.
8 7 The bill provides that a person possessing a valid
8 8 out=of=state permit to carry a weapon shall be entitled to the
8 9 privileges and subject to the restrictions prescribed provided
8 10 the state that issued the license has training requirements
8 11 that are equal to or greater than the training requirements
8 12 prescribed by Code chapter 724. The department of public
8 13 safety is required to determine which states qualify as
8 14 reciprocal states, maintain an up=to=date list of such states,
8 15 and post such information on the department's internet site.
8 16 The bill provides that the sheriff or the commissioner of
8 17 public safety shall not be liable for damages in any civil
8 18 action arising from the alleged wrongful issuance, renewal, or
8 19 failure to revoke a permit to carry weapons provided that the
8 20 sheriff or the commissioner acted in good faith and without
8 21 malice in carrying out the sheriff's or the commissioner's
8 22 official duties.
8 23 LSB 5285YH 82
8 24 rh/rj/5