House File 2613 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HF 2092)
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 and
2 providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5285HV 82
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PAG LIN
1 1 Section 1. Section 229.24, subsection 1, Code 2007, is
1 2 amended to read as follows:
1 3 1. All Except as otherwise provided in this section, all
1 4 papers and records pertaining to any involuntary
1 5 hospitalization or application for involuntary hospitalization
1 6 of any person under this chapter, whether part of the
1 7 permanent record of the court or of a file in the department
1 8 of human services, are subject to inspection only upon an
1 9 order of the court for good cause shown. Nothing in this This
1 10 section shall not prohibit a hospital from complying with the
1 11 requirements of this chapter and of chapter 230 relative to
1 12 financial responsibility for the cost of care and treatment
1 13 provided a patient in that hospital, nor or from properly
1 14 billing any responsible relative or third=party payer for such
1 15 care and treatment.
1 16 Sec. 2. Section 229.24, Code 2007, is amended by adding
1 17 the following new subsection:
1 18 NEW SUBSECTION. 4. The clerk of the district court shall
1 19 provide to the department of public safety notice of all
1 20 adjudications of persons involuntarily committed to a mental
1 21 institution for inpatient or outpatient or other appropriate
1 22 treatment by reason of serious mental impairment under this
1 23 chapter. Such notice shall only be used by the department to
1 24 submit information to the national instant criminal background
1 25 system maintained by the federal bureau of investigation and
1 26 shall otherwise remain confidential.
1 27 Sec. 3. Section 724.7, Code 2007, is amended to read as
1 28 follows:
1 29 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.
1 30 Any A person who can reasonably justify going armed may
1 31 shall be issued a nonprofessional permit to carry weapons.
1 32 Such permits shall be on a form prescribed and published by
1 33 the commissioner of public safety, which shall be readily
1 34 distinguishable from the professional permit, and shall
1 35 identify the holder thereof, and state the reason for the
2 1 issuance of the permit, and the limits of the authority
2 2 granted by such permit. All permits so issued shall be for a
2 3 definite period as established by the issuing officer, but in
2 4 no event shall exceed a period of twelve months.
2 5 Sec. 4. Section 724.8, Code 2007, is amended to read as
2 6 follows:
2 7 724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS.
2 8 No A person shall not be issued a professional or
2 9 nonprofessional permit to carry weapons unless:
2 10 1. The person is eighteen years of age or older for a
2 11 professional permit or twenty=one years or older for a
2 12 nonprofessional permit.
2 13 2. The person has never been convicted of a felony.
2 14 3. The person is not addicted to the use of alcohol or any
2 15 controlled substance.
2 16 4. The person has no history of repeated acts of violence.
2 17 5. The issuing officer reasonably determines that the
2 18 applicant does not constitute a danger to any person.
2 19 6. The person has never been convicted of any crime
2 20 defined in chapter 708, except "assault" as defined in section
2 21 708.1 and "harassment" as defined in section 708.7.
2 22 7. The person has not been committed to a mental
2 23 institution for purposes of 18 U.S.C. } 922 (g)(4).
2 24 8. The person is not subject to a protective order
2 25 pursuant to 18 U.S.C. } 922(g)(8) and has not been convicted
2 26 of a misdemeanor crime of domestic violence pursuant to 18
2 27 U.S.C. } 922(g)(9). It is the intent of the general assembly
2 28 that violations of these federal laws be strictly enforced in
2 29 the courts of this state.
2 30 Sec. 5. Section 724.9, Code 2007, is amended to read as
2 31 follows:
2 32 724.9 FIREARM FIREARMS TRAINING PROGRAM.
2 33 A training program to qualify persons in the safe use of
2 34 firearms shall be provided by the issuing officer of permits,
2 35 as provided in section 724.11.
3 1 1. The commissioner of public safety shall establish
3 2 minimum standards for a training program designed to qualify
3 3 persons in the safe use of firearms and shall include a course
3 4 of instruction designed to qualify a person on a firing range.
3 5 The course of instruction shall be limited to a maximum of six
3 6 hours in length. The course of instruction shall include all
3 7 of the following:
3 8 a. Firearms safety in the classroom, at home, on the
3 9 firing range, and while carrying the firearm.
3 10 b. A physical demonstration performed by the applicant
3 11 that demonstrates the applicant's ability to safely load and
3 12 unload a revolver or a semiautomatic pistol and the
3 13 applicant's marksmanship.
3 14 c. The basic principles of marksmanship.
3 15 d. The law relating to firearms pursuant to this chapter.
3 16 e. The law relating to the justifiable use of force
3 17 pursuant to chapter 704.
3 18 f. A live fire shooting test administered to an applicant
3 19 pursuant to section 724.9A.
3 20 2. The commissioner of public safety shall approve the
3 21 training program, and the county sheriff or the commissioner
3 22 of public safety conducting the training program within their
3 23 respective jurisdictions may contract with a private
3 24 organization or use the services of other agencies, or may use
3 25 a combination of the two, to provide such a training program
3 26 that meets the standards specified in subsection 1. Any
3 27 person eligible to be issued a permit to carry weapons may
3 28 enroll in such course. A fee sufficient to cover the cost of
3 29 the program may be charged to each person attending.
3 30 Certificates of completion, on a form prescribed and published
3 31 by the commissioner of public safety, shall be issued by a
3 32 qualified firearms safety instructor subject to the
3 33 restrictions of section 724.9B to each person who successfully
3 34 completes the program. No A person shall not be issued either
3 35 a professional or nonprofessional permit unless the person has
4 1 received a certificate of completion or is a certified peace
4 2 officer. No A peace officer or correctional officer, except a
4 3 certified peace officer, shall not go armed with a pistol or
4 4 revolver unless the officer has received a certificate of
4 5 completion, provided that this requirement shall not apply to
4 6 persons who are employed in this state as peace officers on
4 7 January 1, 1978 until July 1, 1978, or to peace officers of
4 8 other jurisdictions exercising their legal duties within this
4 9 state.
4 10 Sec. 6. NEW SECTION. 724.9A LIVE FIRE SHOOTING TEST.
4 11 1. A live fire shooting test shall be administered in the
4 12 presence of a firearms safety instructor qualified under
4 13 section 724.9C to an applicant for a nonprofessional permit to
4 14 carry weapons. The live fire shooting test shall consist of
4 15 thirty rounds fired from a standing position or its equivalent
4 16 at a distance from a B=27 silhouette target or an FBI "Q"
4 17 target, ten rounds fired from a distance of five yards, ten
4 18 rounds fired from a distance of seven yards, and ten rounds
4 19 fired from a distance of ten yards. Two sets of five rounds
4 20 shall be fired consecutively at each designated distance and
4 21 each five=round string shall be fired within thirty seconds.
4 22 Twenty=one of the rounds fired must strike either the
4 23 eight=ring on the B=27 target or the smallest FBI "Q" target
4 24 to pass the live fire shooting test.
4 25 2. An applicant for a nonprofessional permit to carry
4 26 weapons may attempt to pass the live fire shooting test
4 27 administered pursuant to subsection 1 up to three times in one
4 28 day but must pass the shooting test within two weeks of
4 29 completing a firearms training program pursuant to section
4 30 724.9. An applicant who fails the live fire shooting test
4 31 within the requisite two=week period shall be required to
4 32 retake the firearms training program prior to again attempting
4 33 to pass the live fire shooting test.
4 34 3. The provisions of this section shall be implemented
4 35 uniformly throughout the state and shall constitute the
5 1 statewide standard for the course of instruction qualifying a
5 2 person to shoot on a firing range pursuant to section 724.9.
5 3 Sec. 7. NEW SECTION. 724.9B CERTIFICATE OF COMPLETION.
5 4 A qualified firearms safety instructor shall not issue a
5 5 certificate of completion to an applicant for a permit to
5 6 carry weapons who does any of the following:
5 7 1. Fails to demonstrate the requisite knowledge and
5 8 technique regarding the proper handling of a firearm.
5 9 2. Handles a firearm in a manner that, in the judgment of
5 10 the qualified firearms safety instructor, poses a danger to
5 11 the applicant or others.
5 12 3. Fails the live fire shooting test pursuant to the
5 13 requirements specified in section 724.9A.
5 14 Sec. 8. NEW SECTION. 724.9C QUALIFIED FIREARMS SAFETY
5 15 INSTRUCTOR.
5 16 A firearms safety instructor shall be considered to be a
5 17 qualified firearms safety instructor if the instructor has any
5 18 of the following qualifications:
5 19 1. Is a valid firearms safety instructor certified by the
5 20 national rifle association holding a rating as a personal
5 21 protection instructor or pistol marksmanship instructor.
5 22 2. Submits a photocopy of a certificate of completion of a
5 23 firearms safety instructor course offered by a local, state,
5 24 or federal governmental agency and approved by the department
5 25 of public safety.
5 26 3. Submits a photocopy of a certificate of completion of a
5 27 firearms safety instructor course approved by the department
5 28 of public safety.
5 29 4. Has successfully completed a firearms safety instructor
5 30 course given by or under the supervision of any state, county,
5 31 municipal, or federal enforcement agency.
5 32 5. Is a certified police officer firearms safety
5 33 instructor.
5 34 6. Is a certified law enforcement academy firearms safety
5 35 instructor.
6 1 Sec. 9. Section 724.11, Code 2007, is amended to read as
6 2 follows:
6 3 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.
6 4 1. Applications for permits to carry weapons shall be made
6 5 to the sheriff of the county in which the applicant resides.
6 6 Applications from persons who are nonresidents of the state,
6 7 or whose need to go armed arises out of employment by the
6 8 state, shall be made to the commissioner of public safety. In
6 9 either case, the issuance of the permit shall be by and at the
6 10 discretion of the sheriff or commissioner, who shall, before
6 11 issuing the permit, determine that the requirements of
6 12 sections 724.6 to 724.10 have been satisfied. However, the
6 13 training program requirements in section 724.9 may shall be
6 14 waived for renewal permits. If the sheriff or the
6 15 commissioner restricts or denies an application for a permit
6 16 under this section, the sheriff or commissioner shall provide
6 17 a written statement of the reasons for the restriction or the
6 18 denial to the applicant by certified mail within fifteen
6 19 working days of the filing of the application.
6 20 2. The issuing officer shall collect a fee of ten dollars,
6 21 except from a duly appointed peace officer or correctional
6 22 officer, for each permit issued. Renewal permits or duplicate
6 23 permits shall be issued for a fee of five dollars. The
6 24 issuing officer shall notify the commissioner of public safety
6 25 of the issuance of any permit at least monthly and forward to
6 26 the commissioner an amount equal to two dollars for each
6 27 permit issued and one dollar for each renewal or duplicate
6 28 permit issued. All such fees received by the commissioner
6 29 shall be paid to the treasurer of state and deposited in the
6 30 operating account of the department of public safety to offset
6 31 the cost of administering this chapter. Any unspent balance
6 32 as of June 30 of each year shall revert to the general fund as
6 33 provided by section 8.33.
6 34 Sec. 10. NEW SECTION. 724.11A RECIPROCITY.
6 35 A person possessing a valid permit issued by another state
7 1 to carry a weapon shall be entitled to the privileges and
7 2 subject to the restrictions prescribed in this chapter
7 3 provided the state that issued the license has training
7 4 requirements that are equal to or greater than the training
7 5 requirements prescribed by this chapter. The department of
7 6 public safety shall determine which states qualify as
7 7 reciprocal states, shall maintain an up=to=date list of such
7 8 states, and shall post such information on the department's
7 9 internet site.
7 10 Sec. 11. NEW SECTION. 724.14 IMMUNITY.
7 11 The sheriff or the commissioner of public safety shall not
7 12 be liable for damages in any civil action arising from the
7 13 alleged wrongful issuance, renewal, or failure to revoke a
7 14 permit to carry weapons provided that the sheriff or the
7 15 commissioner acted reasonably and in good faith and in
7 16 accordance with the provisions of this chapter in carrying out
7 17 the sheriff's or the commissioner's official duties.
7 18 Sec. 12. EFFECTIVE DATE. The sections of this Act
7 19 amending section 229.24 take effect January 1, 2009.
7 20 EXPLANATION
7 21 This bill relates to the issuance of weapons permits.
7 22 The bill provides that a person who is at least 21 and who
7 23 meets additional requirements specified in Code section 724.8
7 24 shall be issued a nonprofessional permit to carry weapons.
7 25 The bill provides that persons who have been committed to a
7 26 mental institution under federal law or persons who are
7 27 subject to protective orders or who have been convicted of a
7 28 misdemeanor crime of domestic violence under federal law are
7 29 all ineligible for a permit to carry weapons.
7 30 The bill amends current law relating to a firearms training
7 31 program. The bill requires the commissioner of public safety
7 32 to establish minimum firearms safety standards. The bill
7 33 specifies that the commissioner shall establish certain
7 34 training standards relating to the qualifications of persons
7 35 in the safe use of firearms. The bill further provides a
8 1 statewide standard designed to qualify an applicant for a
8 2 nonprofessional permit to carry weapons to shoot on a firing
8 3 range.
8 4 The bill provides that a qualified firearms safety
8 5 instructor shall issue a certificate of completion to a person
8 6 who successfully completes the training program, including the
8 7 completion of the requirements relating to live fire
8 8 ammunition testing on a firing range. The bill specifically
8 9 provides that a person who does not follow the orders of the
8 10 qualified firearms safety instructor, handles a firearm in a
8 11 manner that poses a danger to the applicant or others, or who
8 12 fails to pass the live fire testing portion of the training
8 13 program shall not be issued a certificate of completion. An
8 14 applicant for a permit to carry weapons shall not be issued a
8 15 permit to carry weapons unless the applicant has received a
8 16 certificate of completion or is a certified peace officer.
8 17 The bill defines a qualified firearms safety instructor as
8 18 a person who meets any of the following qualifications:
8 19 1. Is a valid firearms safety instructor certified by the
8 20 national rifle association holding a rating as a personal
8 21 protection instructor or pistol marksmanship instructor.
8 22 2. Submits a photocopy of a certificate of completion of a
8 23 firearms safety instructor course offered by a local, state,
8 24 or federal governmental agency and approved by the department
8 25 of public safety.
8 26 3. Submits a photocopy of a certificate of completion of a
8 27 firearms safety instructor course approved by the department
8 28 of public safety.
8 29 4. Has successfully completed a firearms safety instructor
8 30 course given by or under the supervision of any state, county,
8 31 municipal, or federal enforcement agency.
8 32 5. Is a certified police officer firearms safety
8 33 instructor.
8 34 6. Is a certified law enforcement academy firearms safety
8 35 instructor.
9 1 The bill provides that if the sheriff or commissioner
9 2 restricts or denies an application for a concealed weapons
9 3 permit, the sheriff or commissioner shall provide a written
9 4 statement of the reasons for the restriction or denial. The
9 5 bill increases the portion of the fee the issuing officer
9 6 sends to the commissioner of public safety from $2 to $5 for
9 7 each permit issued and from $1 to $2 for each renewal or
9 8 duplicate permit issued.
9 9 The bill provides that a person possessing a valid
9 10 out=of=state permit to carry a weapon shall be entitled to the
9 11 privileges and subject to the restrictions prescribed provided
9 12 the state that issued the license has training requirements
9 13 that are equal to or greater than the training requirements
9 14 prescribed by Code chapter 724. The department of public
9 15 safety is required to determine which states qualify as
9 16 reciprocal states, maintain an up=to=date list of such states,
9 17 and post such information on the department's internet site.
9 18 The bill provides that the sheriff or the commissioner of
9 19 public safety shall not be liable for damages in any civil
9 20 action arising from the alleged wrongful issuance, renewal, or
9 21 failure to revoke a permit to carry weapons provided that the
9 22 sheriff or the commissioner acted reasonably and in good faith
9 23 and in accordance with provisions of Code chapter 724 in
9 24 carrying out the sheriff's or the commissioner's official
9 25 duties.
9 26 The bill requires the clerk of the district court to
9 27 provide to the department of public safety notice of all
9 28 adjudications of persons involuntarily committed to a mental
9 29 institution for inpatient or outpatient or other appropriate
9 30 treatment by reasons of serious mental impairment under Code
9 31 chapter 229. This notice shall only be used by the department
9 32 of public safety to submit information to the national instant
9 33 criminal background system maintained by the federal bureau of
9 34 investigation and shall otherwise remain confidential. This
9 35 provision of the bill takes effect January 1, 2009.
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