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