House File 135 - Introduced



                                       HOUSE FILE       
                                       BY  REICHERT


    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 1905HH 83
  4 rh/rj/5

PAG LIN



  1  1    Section 1.  Section 724.7, Code 2009, 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 2009, 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 2009, is amended to read as
  1 32 follows:
  1 33    724.9  FIREARM FIREARMS TRAINING PROGRAM.
  1 34    1.  A training program to qualify persons in the safe use
  1 35 of firearms shall be provided by the issuing officer of
  2  1 permits, as provided in section 724.11.
  2  2    2.  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    3.  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 2.  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 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 2009, 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.
  8  3    The bill provides that a person possessing a valid
  8  4 out=of=state permit to carry a weapon shall be entitled to the
  8  5 privileges and subject to the restrictions prescribed provided
  8  6 the state that issued the license has training requirements
  8  7 that are equal to or greater than the training requirements
  8  8 prescribed by Code chapter 724.  The department of public
  8  9 safety is required to determine which states qualify as
  8 10 reciprocal states, maintain an up=to=date list of such states,
  8 11 and post such information on the department's internet site.
  8 12    The bill provides that the sheriff or the commissioner of
  8 13 public safety shall not be liable for damages in any civil
  8 14 action arising from the alleged wrongful issuance, renewal, or
  8 15 failure to revoke a permit to carry weapons provided that the
  8 16 sheriff or the commissioner acted in good faith and without
  8 17 malice in carrying out the sheriff's or the commissioner's
  8 18 official duties.
  8 19 LSB 1905HH 83
  8 20 rh/rj/5