Senate File 2039 - Introduced
SENATE FILE
BY ANGELO
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the sale of certain seized rifles and shotguns
2 by county law enforcement agencies at a public auction.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5088XS 82
5 rh/nh/5
PAG LIN
1 1 Section 1. Section 809.21, Code 2007, is amended to read
1 2 as follows:
1 3 809.21 SALE OF CERTAIN AMMUNITION AND FIREARMS.
1 4 1. Ammunition Except as provided in subsection 2,
1 5 ammunition and firearms which are not illegal and which are
1 6 not offensive weapons as defined by section 724.1 may be sold
1 7 by the department of public safety at public auction. The
1 8 department of public safety may sell at public auction
1 9 forfeited legal weapons received from the director of the
1 10 department of natural resources, except that rifles and
1 11 shotguns shall be retained by the department of natural
1 12 resources for disposal according to its rules.
1 13 2. Rifles and shotguns which are not illegal and which are
1 14 not offensive weapons as defined by section 724.1 may be sold
1 15 by the county law enforcement agency seizing such rifles or
1 16 shotguns at public auction.
1 17 3. The sale of ammunition or firearms pursuant to this
1 18 section shall be made only to federally licensed firearms
1 19 dealers or to persons who have a permit to purchase the
1 20 firearms. Persons who have not obtained a permit may bid on
1 21 firearms at the public auction. However, persons who bid
1 22 without a permit must post a fifty percent of purchase price
1 23 deposit with the commissioner of public safety, or the county
1 24 law enforcement agency, as applicable, on any winning bid. No
1 25 transfer of firearms may be made to a person bidding without a
1 26 permit until such time as the person has obtained a permit.
1 27 If the person is unable to produce a permit within two weeks
1 28 from the date of the auction, the person shall forfeit the
1 29 fifty percent deposit to the department of public safety, or
1 30 the county law enforcement agency, as applicable.
1 31 4. a. All proceeds of a public auction held pursuant to
1 32 this section subsection 1, less department expenses reasonably
1 33 incurred, shall be deposited in the general fund of the state.
1 34 The department of public safety shall be reimbursed from the
1 35 proceeds for the reasonable expenses incurred in selling the
2 1 property at the auction.
2 2 b. All proceeds of a public auction held pursuant to
2 3 subsection 2, less expenses reasonably incurred, shall be
2 4 retained by the appropriate county treasurer for deposit in
2 5 the general fund of the county.
2 6 EXPLANATION
2 7 This bill relates to the sale of certain seized rifles and
2 8 shotguns by county law enforcement agencies at a public
2 9 auction.
2 10 The bill provides that rifles and shotguns which are not
2 11 illegal and which are not offensive weapons as defined by Code
2 12 section 724.1 may be sold by the county law enforcement agency
2 13 seizing such rifles or shotguns. All proceeds of such a
2 14 public auction shall be retained by the appropriate county
2 15 treasurer for deposit in the general fund of the county.
2 16 LSB 5088XS 82
2 17 rh/nh/5