House File 76HOUSE FILE BY HUNTER, WESSEL=KROESCHELL, LENSING, and D. TAYLOR Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the sale or transfer of firearms between 2 unlicensed persons at a gun show held on state property and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1715HH 82 6 rh/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 724.31 TRANSFER OF FIREARMS 1 2 BETWEEN UNLICENSED PERSONS AT A GUN SHOW. 1 3 1. a. The sale, lease, or other transfer of firearms 1 4 between two or more unlicensed persons at a gun show held on 1 5 state property shall be conducted through a federally licensed 1 6 firearm dealer on the premises of the gun show and shall 1 7 comply with all applicable federal and state laws. The dealer 1 8 may charge a transfer fee not to exceed ten dollars. 1 9 b. This subsection does not apply to the sale, lease, or 1 10 other transfer of firearms where the firearm acquired is an 1 11 antique firearm, a collector's item, a device not designed or 1 12 redesigned for use as a firearm, a device designed solely for 1 13 use as a signaling, pyrotechnic, line=throwing, safety, or 1 14 similar device, or a firearm unserviceable by reason of being 1 15 unable to discharge a shot by means of an explosive and 1 16 incapable of being readily restored to a firing condition. 1 17 2. An unlicensed vendor at a gun show held on state 1 18 property who sells, leases, or transfers a firearm to an 1 19 unlicensed person, or an unlicensed person who acquires a 1 20 firearm from an unlicensed vendor without the sale, lease, or 1 21 transfer being conducted by a federally licensed firearm 1 22 dealer, commits an aggravated misdemeanor. 1 23 3. An unlicensed vendor at a gun show held on state 1 24 property who sells, leases, or transfers a firearm to an 1 25 unlicensed person who the transferor knows or has reason to 1 26 know is prohibited from possessing firearms under federal or 1 27 state law commits a class "D" felony. 1 28 4. As used in this section, the term "gun show" means the 1 29 entire premises of an event or function, including but not 1 30 limited to parking areas for the event or function that is 1 31 sponsored to foster, in whole or in part, the sale, lease, or 1 32 other transfer at which at least one of the following applies: 1 33 a. Twenty=five or more firearms are offered or exhibited 1 34 for sale or transfer. 1 35 b. Not less that three gun show vendors exhibit, sell, 2 1 offer for sale, transfer, or exchange firearms. 2 2 EXPLANATION 2 3 This bill creates new Code section 724.31, relating to the 2 4 sale or transfer of firearms between unlicensed persons at a 2 5 gun show held on state property and providing penalties. 2 6 The bill provides that the sale, lease, or other transfer 2 7 of firearms between two or more persons at a gun show held on 2 8 state property shall be conducted through a federally licensed 2 9 firearm dealer on the premises of the gun show and shall 2 10 comply with all applicable federal and state laws. The bill 2 11 excludes transfers involving antique firearms, collector's 2 12 items, a device not designed or redesigned for use as a 2 13 firearm, a device designed solely for use as a signaling, 2 14 pyrotechnic, line=throwing, safety, or similar device, or a 2 15 firearm that is unserviceable. The bill provides that a 2 16 firearm dealer may charge a transfer fee not to exceed $10. 2 17 The bill further provides that an unlicensed vendor at a 2 18 gun show held on state property who sells, leases, or 2 19 transfers a firearm to an unlicensed person, or an unlicensed 2 20 person who acquires a firearm from an unlicensed vendor 2 21 without going through a federally licensed firearm dealer, 2 22 commits an aggravated misdemeanor. An aggravated misdemeanor 2 23 is punishable by confinement for no more than two years and a 2 24 fine of at least $625 but not more than $6,250. An unlicensed 2 25 vendor at a gun show held on state property who sells, leases, 2 26 or transfers a firearm to an unlicensed person who the 2 27 transferor knows or has reason to know is prohibited from 2 28 possessing firearms commits a class "D" felony. A class "D" 2 29 felony is punishable by confinement for no more than five 2 30 years and a fine of at least $750 but not more than $7,500. 2 31 The bill further provides a definition of "gun show" to 2 32 mean the entire premises of an event or function, including 2 33 but not limited to parking areas for the event or function 2 34 that is sponsored to foster, in whole or in part, the sale, 2 35 lease, or other transfer at which either 25 or more firearms 3 1 are offered or exhibited for sale or transfer, or not less 3 2 than three gun show vendors exhibit, sell, offer for sale, 3 3 transfer, or exchange firearms. 3 4 LSB 1715HH 82 3 5 rh:rj/gg/14