House File 2528 - Introduced HOUSE FILE 2528 BY McCARTHY (COMPANION TO 6267XS BY GRONSTAL) A BILL FOR An Act relating to permits to carry weapons and permits to 1 acquire pistols and revolvers including the dissemination of 2 information relating to persons suffering from mental and 3 substance abuse health-related disorders and the possession 4 of firearms and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6267YH (1) 83 rh/rj

H.F. 2528 Section 1. Section 22.7, Code Supplement 2009, is amended by 1 adding the following new subsection: 2 NEW SUBSECTION . 65. Personally identifiable information 3 relating to applicants or holders of nonprofessional permits 4 to carry weapons and permits to acquire pistols and revolvers 5 pursuant to chapter 724. Such information shall include but 6 not be limited to the name, social security number, date of 7 birth, driver’s license or other identification number, and 8 residential or business address of the applicant or permit 9 holder. This subsection does not apply to aggregate data 10 collected by the department relating to the issuance, denial, 11 revocation, and administration of such permits provided that 12 the release of such information does not reveal the identity of 13 any applicant or permit holder. 14 Sec. 2. Section 229.24, subsection 1, Code 2009, is amended 15 to read as follows: 16 1. All papers and records pertaining to any involuntary 17 hospitalization or application for involuntary hospitalization 18 of any person under this chapter, whether part of the permanent 19 record of the court or of a file in the department of human 20 services, are subject to inspection only upon an order of the 21 court for good cause shown. Nothing in this section shall 22 prohibit a hospital from complying with the requirements 23 of this chapter and of chapter 230 relative to financial 24 responsibility for the cost of care and treatment provided 25 a patient in that hospital, nor from properly billing any 26 responsible relative or third-party payer for such care and 27 treatment. 28 Sec. 3. Section 229.24, Code 2009, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 4. This section shall not prohibit any of 31 the following: 32 a. A hospital from complying with the requirements of this 33 chapter and of chapter 230 relative to financial responsibility 34 for the cost of care and treatment provided a patient in that 35 -1- LSB 6267YH (1) 83 rh/rj 1/ 24

H.F. 2528 hospital or from properly billing any responsible relative or 1 third-party payer for such care or treatment. 2 b. A court or the department of public safety from 3 forwarding to the federal bureau of investigation a copy of 4 an order issued under section 724.31, for the sole purpose 5 of updating the national instant criminal background system 6 database maintained by the federal bureau of investigation. 7 Sec. 4. NEW SECTION . 724.4C Possession or carrying of 8 firearms while under the influence. 9 1. Except as otherwise provided in this section, a 10 person under the influence of alcohol or an illegally used 11 or possessed controlled substance who knowingly possesses or 12 carries a loaded firearm on or about the person or within the 13 person’s immediate access and control while in a vehicle, 14 commits a serious misdemeanor. 15 2. If a person who is arrested pursuant to this section 16 has a permit to carry weapons issued pursuant to section 724.6 17 or 724.7, the issuing officer may suspend such permit pursuant 18 to section 724.13. The issuing officer may revoke such permit 19 pursuant to section 724.13 upon a conviction pursuant to this 20 section. 21 3. This section shall not apply to any of the following: 22 a. A person who possesses or carries a firearm while in the 23 person’s own dwelling or place of business or on land owned or 24 possessed by the person. 25 b. The transitory possession or use of a firearm during 26 an act committed in self-defense or in defense of another 27 person or any other act committed if legally justified or 28 excused, provided such possession or use lasts no longer than 29 is immediately necessary. 30 Sec. 5. Section 724.7, Code 2009, is amended to read as 31 follows: 32 724.7 Nonprofessional permit to carry weapons. 33 Any person who can reasonably justify going armed may is 34 not disqualified under section 724.8, who satisfies the 35 -2- LSB 6267YH (1) 83 rh/rj 2/ 24

H.F. 2528 training requirements of section 724.9, and who files an 1 application in accordance with section 724.10 shall be issued a 2 nonprofessional permit to carry weapons. Such permits shall 3 be on a form prescribed and published by the commissioner of 4 public safety, which shall be readily distinguishable from the 5 professional permit, and shall identify the holder thereof, and 6 state the reason for the issuance of the permit, and the limits 7 of the authority granted by such permit of the permit . All 8 permits so issued shall be for a definite period as established 9 by the issuing officer, but in no event shall exceed a period 10 of twelve months five years and shall be valid throughout the 11 state except where the possession or carrying of a firearm is 12 prohibited by state or federal law . 13 Sec. 6. Section 724.8, Code 2009, is amended to read as 14 follows: 15 724.8 Persons eligible for permit to carry weapons. 16 No person shall be issued a professional or nonprofessional 17 permit to carry weapons unless shall be issued to a person who 18 is subject to any of the following : 19 1. The person is Is less than eighteen years of age or 20 older for a professional permit or less than twenty-one years 21 of age for a nonprofessional permit . 22 2. The person has never been convicted of a felony. 23 3. The person is not addicted to the use of alcohol or any 24 controlled substance. 25 4. The person has no history of repeated acts of violence. 26 5. The issuing officer reasonably determines that the 27 applicant does not constitute a danger to any person. 28 2. Is subject to the provisions of section 724.26. 29 6. 3. The person has never Has, within the previous three 30 years, been convicted of any crime serious or aggravated 31 misdemeanor defined in chapter 708 , except “assault” as defined 32 in section 708.1 and “harassment” as defined in section 708.7 . 33 4. Has been convicted in any court of a crime punishable 34 by imprisonment for a term exceeding one year as defined in 18 35 -3- LSB 6267YH (1) 83 rh/rj 3/ 24

H.F. 2528 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(d)(1) or 18 1 U.S.C. § 922(g)(1). 2 5. Is a fugitive from justice as defined in 18 U.S.C. § 3 921(a)(15), pursuant to 18 U.S.C. § 922(d)(2) or 18 U.S.C. § 4 922(g)(2). 5 6. Is an unlawful user of or addicted to any controlled 6 substance pursuant to 18 U.S.C. § 922(d)(3) or 18 U.S.C. § 7 922(g)(3). 8 7. Has been adjudicated seriously mentally impaired or been 9 committed to a mental institution for purposes of 18 U.S.C. § 10 922(d)(4) or 18 U.S.C. § 922(g)(4). 11 8. Is an alien illegally or unlawfully in the United States 12 or admitted to the United States under a nonimmigrant visa, 13 as those terms are used in 18 U.S.C. § 922(d)(5), 18 U.S.C. § 14 922(g)(5), or 18 U.S.C. § 922(y). 15 9. Has been discharged from the armed forces under 16 dishonorable conditions pursuant to 18 U.S.C. § 922(d)(6) or 17 18 U.S.C. § 922(g)(6). 18 10. Has renounced the person’s United States citizenship 19 pursuant to 18 U.S.C. § 922(d)(7) or 18 U.S.C. § 922(g)(7). 20 11. Is subject to a court order that restrains such person 21 from harassing, stalking, or threatening an intimate partner 22 or any child of the intimate partner, as defined in 18 U.S.C. § 23 921(a)(32), pursuant to 18 U.S.C. § 922(d)(8) or 18 U.S.C. § 24 922(g)(8). 25 12. Has been convicted of a misdemeanor crime of domestic 26 violence as defined in 18 U.S.C. § 921(a)(33), pursuant to 18 27 U.S.C. § 922(d)(9) or 18 U.S.C. § 922(g)(9). 28 13. Is under indictment for a crime punishable by 29 imprisonment for a term exceeding one year as defined in 18 30 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(n). 31 Sec. 7. Section 724.9, Code 2009, is amended by striking the 32 section and inserting in lieu thereof the following: 33 724.9 Firearm training program. 34 1. An applicant shall demonstrate knowledge of firearm 35 -4- LSB 6267YH (1) 83 rh/rj 4/ 24

H.F. 2528 safety by any of the following means: 1 a. Completion of any national rifle association firearms 2 safety or firearms training course. 3 b. Completion of any firearms safety or firearms training 4 course available to the general public offered by a law 5 enforcement agency, community college, college, private or 6 public institution or organization, or firearms training 7 school utilizing instructors certified by the national rifle 8 association or the department of public safety or another 9 state’s department of public safety, state police department, 10 or similar certifying body. 11 c. Completion of any law enforcement firearms safety or 12 firearms training course or class offered for security guards, 13 investigators, special deputies, or any division or subdivision 14 of a law enforcement or security enforcement agency. 15 d. Evidence of equivalent experience with a firearm through 16 participation in any organized shooting competition. 17 e. Completion of small arms training while serving with the 18 armed forces of the United States as evidenced by any of the 19 following: 20 (1) For personnel released or retired from active duty, 21 possession of an honorable discharge or general discharge under 22 honorable conditions. 23 (2) For personnel on active duty or serving in one of the 24 national guard or reserve components of the armed forces of the 25 United States, possession of a certificate of completion of 26 basic training with a service record of successful completion 27 of small arms training and qualification. 28 f. Previously having held a license to carry a firearm in 29 this state, any political subdivision of this state, or in a 30 state recognized under section 724.11A, unless such license was 31 revoked for cause. 32 g. Completion of a law enforcement agency firearms training 33 course that qualifies a peace officer to carry a firearm in the 34 normal course of the peace officer’s duties. 35 -5- LSB 6267YH (1) 83 rh/rj 5/ 24

H.F. 2528 2. Evidence of qualification under this section may be 1 documented by any of the following: 2 a. A photocopy of a certificate of completion or any 3 similar document indicating completion of any course or class 4 identified in subsection 1. 5 b. An affidavit from the instructor, school, organization, 6 or group that conducted or taught a course or class identified 7 in subsection 1 attesting to the completion of the course or 8 class by the applicant. 9 c. A copy of any document indicating participation in any 10 firearms shooting competition. 11 d. A copy of a license described in subsection 1, paragraph 12 “f” . 13 3. An issuing officer shall not condition the issuance of a 14 permit on training requirements that are not specified in or 15 that exceed the requirements of this section. 16 Sec. 8. Section 724.10, Code 2009, is amended to read as 17 follows: 18 724.10 Application for permit to carry weapons —— criminal 19 history background check required. 20 1. A person shall not be issued a permit to carry weapons 21 unless the person has completed and signed an application on 22 a form to be prescribed and published by the commissioner of 23 public safety. The application shall state require only the 24 full name, driver’s license or nonoperator’s identification 25 card number, residence, place of birth, and age of the 26 applicant, and shall state whether the applicant has ever 27 been convicted of a felony, whether the person is addicted to 28 the use of alcohol or any controlled substance, and whether 29 the person has any history of mental illness or repeated 30 acts of violence meets the criteria specified in sections 31 724.8 and 724.9 . An applicant may provide the applicant’s 32 social security number if the applicant so chooses. The 33 applicant shall also display an identification card that bears 34 a distinguishing number assigned to the cardholder, the full 35 -6- LSB 6267YH (1) 83 rh/rj 6/ 24

H.F. 2528 name, date of birth, sex, residence address, and a brief 1 description and colored photograph of the cardholder. 2 2. The sheriff issuing officer, upon receipt of an 3 initial or renewal application under this section, shall 4 conduct immediately conduct a criminal history background check 5 concerning each applicant by obtaining criminal history data 6 from the department of public safety which shall include an 7 inquiry of the national instant criminal background system 8 maintained by the federal bureau of investigation or any 9 successor agency . 10 3. A person who knowingly makes a false statement of 11 material fact on the an application submitted under this 12 section or who knowingly submits any materially falsified or 13 forged document in connection with such application commits a 14 class “D” felony an aggravated misdemeanor . 15 Sec. 9. Section 724.11, Code 2009, is amended to read as 16 follows: 17 724.11 Issuance of permit to carry weapons. 18 1. Applications for permits to carry weapons shall be made 19 to the sheriff of the county in which the applicant resides. 20 Applications from persons who are nonresidents of the state, 21 or whose need to go armed arises out of employment by the 22 state, shall be made to the commissioner of public safety. In 23 either case, the issuance of the permit shall be by and at the 24 discretion of the sheriff or commissioner , who shall , before 25 issuing the permit, shall determine that the requirements of 26 sections 724.6 to 724.10 have been satisfied. However, the 27 training program requirements in section 724.9 may shall be 28 waived for renewal permits. 29 2. The issuing officer shall collect a fee of ten dollars, 30 except from a duly appointed peace officer or correctional 31 officer, for each permit issued. Renewal permits or duplicate 32 permits shall be issued for a fee of five dollars , provided the 33 application for such renewal permit is received by the issuing 34 officer at least thirty days prior to the expiration of the 35 -7- LSB 6267YH (1) 83 rh/rj 7/ 24

H.F. 2528 applicant’s current permit . The issuing officer shall notify 1 the commissioner of public safety of the issuance of any permit 2 at least monthly and forward to the commissioner an amount 3 equal to two dollars for each permit issued and one dollar 4 for each renewal or duplicate permit issued. All such fees 5 received by the commissioner shall be paid to the treasurer of 6 state and deposited in the operating account of the department 7 of public safety to offset the cost of administering this 8 chapter. Any Notwithstanding section 8.33, any unspent balance 9 as of June 30 of each year shall revert to the general fund as 10 provided by section 8.33 of the state . 11 3. The sheriff or commissioner of public safety shall 12 approve or deny an initial or renewal application submitted 13 under this section within thirty days of receipt of the 14 application. If the issuing officer has not received a 15 response to an information request necessary to determine the 16 applicant’s eligibility at the end of the thirty-day period 17 and the applicant is not otherwise disqualified, the issuing 18 officer shall issue a conditional permit to the applicant. 19 The conditional permit shall be readily distinguishable in 20 appearance from a five-year permit and shall be immediately 21 revoked if the information subsequently received indicates the 22 applicant is ineligible for a permit and the application is 23 denied. A person whose application for a permit under this 24 chapter is denied may seek review of the denial under section 25 724.21A. 26 Sec. 10. NEW SECTION . 724.11A Reciprocity. 27 1. The commissioner of public safety shall compare the 28 provisions of sections 724.7 and 724.8 with similar statutes of 29 other states to determine whether such state’s laws are similar 30 to or exceed the requirements of sections 724.7 and 724.8. 31 The commissioner shall seek a reciprocity agreement with each 32 state whose laws are similar to or exceed the requirements of 33 sections 724.7 and 724.8. 34 2. A valid nonprofessional permit or license to carry 35 -8- LSB 6267YH (1) 83 rh/rj 8/ 24

H.F. 2528 weapons recognized in this state pursuant to subsection 1 shall 1 have the same legal effect as a nonprofessional permit to carry 2 weapons issued under this chapter, except that such permit 3 shall not be considered to be a substitute for an annual permit 4 to acquire weapons issued pursuant to section 724.15. 5 Sec. 11. Section 724.13, Code 2009, is amended by striking 6 the section and inserting in lieu thereof the following: 7 724.13 Suspension or revocation of permit to carry weapons. 8 An issuing officer who finds that a person issued a permit 9 to carry weapons under this chapter has been arrested for a 10 disqualifying offense or is the subject of proceedings that 11 could lead to the person’s ineligibility for such permit may 12 immediately suspend such permit. An issuing officer proceeding 13 under this section shall immediately notify the permit holder 14 of the suspension by personal service or certified mail on a 15 form prescribed and published by the commissioner of public 16 safety and the suspension shall become effective upon the 17 permit holder’s receipt of such notice. If the suspension is 18 based on an arrest or a proceeding that does not result in a 19 disqualifying conviction or finding against the permit holder, 20 the issuing officer shall immediately reinstate the permit upon 21 receipt of proof of the matter’s final disposition. If the 22 arrest leads to a disqualifying conviction or the proceedings 23 to a disqualifying finding, the issuing officer shall revoke 24 the permit. The issuing officer may also revoke the permit of 25 a person whom the issuing officer later finds was not qualified 26 for such a permit at the time of issuance or who the officer 27 finds provided materially false information on the permit 28 application. A person aggrieved by a suspension or revocation 29 under this section make seek review of the decision pursuant 30 to section 724.21A. 31 Sec. 12. Section 724.15, Code 2009, is amended to read as 32 follows: 33 724.15 Annual permit to acquire pistols or revolvers. 34 1. Any person who acquires desires to acquire ownership of 35 -9- LSB 6267YH (1) 83 rh/rj 9/ 24

H.F. 2528 any pistol or revolver shall first obtain an annual permit. 1 An annual permit shall not be issued upon request to any 2 person resident of this state unless the person is subject to 3 any of the following : 4 a. The person is Is less than twenty-one years of age or 5 older . 6 b. The person has never been convicted of a felony. 7 c. The person is not addicted to the use of alcohol or a 8 controlled substance. 9 d. The person has no history of repeated acts of violence. 10 e. The person has never been convicted of a crime defined in 11 chapter 708 , except “assault” as defined in section 708.1 and 12 “harassment” as defined in section 708.7 . 13 f. The person has never been adjudged mentally incompetent. 14 b. Is subject to the provisions of section 724.26. 15 c. Has been convicted in any court of a crime punishable 16 by imprisonment for a term exceeding one year as defined in 18 17 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(d)(1) or 18 18 U.S.C. § 922(g)(1). 19 d. Is a fugitive from justice as defined in 18 U.S.C. § 20 921(a)(15), pursuant to 18 U.S.C. § 922(d)(2) or 18 U.S.C. § 21 922(g)(2). 22 e. Is an unlawful user of or addicted to any controlled 23 substance pursuant to 18 U.S.C. § 922(d)(3) or 18 U.S.C. § 24 922(g)(3). 25 f. Has been adjudicated seriously mentally impaired or been 26 committed to a mental institution for purposes of 18 U.S.C. § 27 922(d)(4) or 18 U.S.C. § 922(g)(4). 28 g. Is an alien illegally or unlawfully in the United States 29 or admitted to the United States under a nonimmigrant visa, 30 as those terms are used in 18 U.S.C. § 922(d)(5), 18 U.S.C. § 31 922(g)(5), or 18 U.S.C. § 922(y). 32 h. Has been discharged from the armed forces under 33 dishonorable conditions pursuant to 18 U.S.C. § 922(d)(6) or 34 18 U.S.C. § 922(g)(6). 35 -10- LSB 6267YH (1) 83 rh/rj 10/ 24

H.F. 2528 i. Has renounced the person’s United States citizenship 1 pursuant to 18 U.S.C. § 922(d)(7) or 18 U.S.C. § 922(g)(7). 2 j. Is subject to a court order that restrains such person 3 from harassing, stalking, or threatening an intimate partner 4 or any child of the intimate partner as defined in 18 U.S.C. § 5 921(a)(32), pursuant to 18 U.S.C. § 922(d)(8) or 18 U.S.C. § 6 922(g)(8). 7 k. Has been convicted of a misdemeanor crime of domestic 8 violence as defined in 18 U.S.C. § 921(a)(33), pursuant to 18 9 U.S.C. § 922(d)(9) or 18 U.S.C. § 922(g)(9). 10 l. Is under indictment for a crime punishable by 11 imprisonment for a term exceeding one year as defined in 18 12 U.S.C. § 921(a)(20), pursuant to 18 U.S.C. § 922(n). 13 2. Any person who acquires ownership of a pistol or revolver 14 shall not be required to obtain an annual permit if any of the 15 following apply : 16 a. The person transferring the pistol or revolver and the 17 person acquiring the pistol or revolver are licensed firearms 18 dealers under federal law ; . 19 b. The pistol or revolver acquired is an antique firearm, a 20 collector’s item, a device which is not designed or redesigned 21 for use as a weapon, a device which is designed solely for use 22 as a signaling, pyrotechnic, line-throwing, safety, or similar 23 device, or a firearm which is unserviceable by reason of being 24 unable to discharge a shot by means of an explosive and is 25 incapable of being readily restored to a firing condition ; or . 26 c. The person acquiring the pistol or revolver is authorized 27 to do so on behalf of a law enforcement agency. 28 d. The person has obtained a valid permit to carry weapons, 29 as provided in section 724.11. 30 e. The person transferring the pistol or revolver and the 31 person acquiring the pistol or revolver are related to one 32 another within the second degree of consanguinity or affinity 33 unless the person transferring the pistol or revolver knows 34 that the person acquiring the pistol or revolver would be 35 -11- LSB 6267YH (1) 83 rh/rj 11/ 24

H.F. 2528 ineligible to obtain disqualified from obtaining a permit. 1 3. The annual permit to acquire pistols or revolvers shall 2 authorize the permit holder to acquire one or more pistols or 3 revolvers during the period that the permit remains valid. If 4 the issuing officer determines that the applicant has become 5 disqualified under the provisions of subsection 1 , the issuing 6 officer may immediately invalidate the permit. 7 4. An issuing officer who finds that a person issued a 8 permit to acquire pistols or revolvers under this chapter 9 has been arrested for a disqualifying offense or who is 10 the subject of proceedings that could lead to the person’s 11 ineligibility for such permit may immediately suspend such 12 permit. An issuing officer proceeding under this subsection 13 shall immediately notify the permit holder of the suspension 14 by personal service or certified mail on a form prescribed 15 and published by the commissioner of public safety and the 16 suspension shall become effective upon the permit holder’s 17 receipt of such notice. If the suspension is based on an 18 arrest or a proceeding that does not result in a disqualifying 19 conviction or finding against the permit holder, the 20 commissioner shall immediately reinstate the permit upon 21 receipt of proof of the matter’s final disposition. If the 22 arrest leads to a disqualifying conviction or the proceedings 23 to a disqualifying finding, the issuing officer shall revoke 24 the permit. The issuing officer may also revoke the permit of 25 a person whom the issuing officer later finds was not qualified 26 for such a permit at the time of issuance or who the officer 27 finds provided materially false information on the permit 28 application. A person aggrieved by a suspension or revocation 29 under this subsection may seek review of the decision, pursuant 30 to section 724.21A. 31 Sec. 13. Section 724.17, Code 2009, is amended to read as 32 follows: 33 724.17 Application for annual permit to acquire —— criminal 34 history check required. 35 -12- LSB 6267YH (1) 83 rh/rj 12/ 24

H.F. 2528 The application for an annual permit to acquire pistols 1 or revolvers may be made to the sheriff of the county of 2 the applicant’s residence and shall be on a form prescribed 3 and published by the commissioner of public safety. The 4 application shall state require only the full name of the 5 applicant, the driver’s license or nonoperator’s identification 6 card number of the applicant, the residence of the applicant, 7 and the age and place of birth of the applicant. The 8 applicant shall also display an identification card that 9 bears a distinguishing number assigned to the cardholder, 10 the full name, date of birth, sex, residence address, and 11 brief description and colored photograph of the cardholder, or 12 other identification as specified by rule of the department 13 of public safety. The sheriff shall conduct a criminal 14 history check concerning each applicant by obtaining criminal 15 history data from the department of public safety which shall 16 include an inquiry of the national instant criminal background 17 system maintained by the federal bureau of investigation or 18 any successor agency . A person who knowingly makes a false 19 statement of material fact on the application commits a class 20 “D” felony. A person who knowingly makes a false statement 21 of material fact on an application submitted under this 22 section or who knowingly submits any materially falsified or 23 forged document in connection with such application commits an 24 aggravated misdemeanor. 25 Sec. 14. NEW SECTION . 724.21A Hearing on denial, 26 suspension, or revocation of permit to carry weapons and permits 27 to acquire pistols or revolvers. 28 1. In any case where the sheriff or the commissioner of 29 public safety denies an application for or suspends or revokes 30 a permit to carry weapons or an annual permit to acquire 31 pistols or revolvers, the applicant or permit holder shall have 32 the right to appeal the denial, suspension, or revocation of 33 the permit to an administrative law judge in the department of 34 inspections and appeals within thirty days of receiving written 35 -13- LSB 6267YH (1) 83 rh/rj 13/ 24

H.F. 2528 notice of the denial, suspension, or revocation. 1 2. The applicant or permit holder may file an appeal with 2 an administrative law judge by filing a copy of the denial, 3 suspension, or revocation notice with a written statement that 4 clearly states the applicant’s reasons rebutting the denial, 5 suspension, or revocation along with a fee of ten dollars. 6 Additional supporting information relevant to the proceedings 7 may also be included. 8 3. The administrative law judge shall grant an aggrieved 9 applicant an opportunity to be heard within forty-five days 10 of receipt of the request for an appeal. The hearing may be 11 held by telephone or video conference at the discretion of the 12 administrative law judge. The administrative law judge shall 13 receive witness testimony and other evidence relevant to the 14 proceedings at the hearing. 15 4. Upon conclusion of the hearing, the administrative law 16 judge shall order that the denial, suspension, or revocation 17 of the permit be either rescinded or sustained. An applicant, 18 permit holder, or issuing officer aggrieved by the final 19 judgment of the administrative law judge shall have the right 20 to judicial review in accordance with the terms of the Iowa 21 administrative procedure Act, chapter 17A. 22 Sec. 15. Section 724.23, Code 2009, is amended to read as 23 follows: 24 724.23 Records kept by commissioner. 25 The commissioner of public safety shall maintain a permanent 26 record of all valid permits to carry weapons and of current 27 permit revocations. Information that would personally identify 28 applicants or holders of nonprofessional permits to carry 29 weapons or permits to acquire pistols or revolvers including 30 but not limited to the person’s name, social security number, 31 date of birth, driver’s license or other identification number, 32 and residential or business address shall be kept confidential 33 pursuant to section 22.7. 34 Sec. 16. Section 724.25, subsection 1, Code 2009, is amended 35 -14- LSB 6267YH (1) 83 rh/rj 14/ 24

H.F. 2528 to read as follows: 1 1. As used in sections 724.8, subsection 2 , and section 2 724.26, the word “felony” means any offense punishable in the 3 jurisdiction where it occurred by imprisonment for a term 4 exceeding one year, but does not include any offense, other 5 than an offense involving a firearm or explosive, classified as 6 a misdemeanor under the laws of the state and punishable by a 7 term of imprisonment of two years or less. 8 Sec. 17. Section 724.27, Code 2009, is amended to read as 9 follows: 10 724.27 Offenders’ rights restored. 11 1. The provisions of section 724.8 , subsection 2 , section 12 724.15, subsection 1, paragraphs “b” and “e” , and section 13 724.26 shall not apply to a person who is eligible to have 14 the person’s civil rights regarding firearms restored under 15 section 914.7 and who is pardoned or has had the person’s civil 16 rights restored by the President of the United States or the 17 chief executive of a state and who is expressly authorized by 18 the President of the United States or such chief executive 19 to receive, transport, or possess firearms or destructive 20 devices. if any of the following occur: 21 a. The person is pardoned by the President of the United 22 States or the chief executive of a state for a disqualifying 23 conviction. 24 b. The person’s civil rights have been restored after a 25 disqualifying conviction, commitment, or adjudication. 26 c. The person’s conviction for a disqualifying offense has 27 been expunged. 28 2. Subsection 1 shall not apply to a person whose pardon, 29 restoration of civil rights, or expungement of conviction 30 expressly forbids the person to receive, transport, or possess 31 firearms or destructive devices. 32 Sec. 18. NEW SECTION . 724.31 Persons subject to mental and 33 substance abuse health-related orders, commitments, or findings 34 —— disabilities —— restoration of rights —— reports. 35 -15- LSB 6267YH (1) 83 rh/rj 15/ 24

H.F. 2528 1. Subsequent to the issuance of a court order listed in 1 subsection 2, a court shall make a finding as to whether the 2 person who is the subject of the order is a person to whom the 3 provisions of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4) 4 apply, and if so, shall inform the person of the applicable 5 prohibitions and shall order the person not to ship, possess, 6 receive, or transport or cause the transport of firearms or 7 ammunition. The court shall also order the person to make 8 immediate arrangements for the disposition of any firearms or 9 ammunition owned or possessed by the person. If the person 10 is unable to make lawful disposition by other means, the 11 department of public safety may take custody of any firearms 12 or ammunition owned or possessed by the person for such time 13 as the order issued in subsection 2 remains in effect. The 14 clerk of the district court shall forward a copy of the 15 prohibition order to the department of public safety which in 16 turn shall forward a copy of the order to the federal bureau 17 of investigation or its successor agency for inclusion in the 18 national instant criminal background check system database. 19 2. A court order that does any of the following is subject 20 to this section: 21 a. Orders commitment or treatment pursuant to section 22 125.84. 23 b. Orders commitment pursuant to section 222.31. 24 c. Orders commitment or treatment pursuant to section 25 229.14. 26 d. Appoints a guardian or conservator pursuant to section 27 231E.6. 28 e. Grants a petition filed pursuant to section 597.6. 29 f. Issues an order pursuant to section 633.244. 30 g. Appoints a guardian pursuant to section 633.556. 31 h. Finds a defendant incompetent to stand trial pursuant to 32 section 812.5. 33 3. a. A person who is the subject of a court order listed 34 in subsection 2 may petition the court that issued the order 35 -16- LSB 6267YH (1) 83 rh/rj 16/ 24

H.F. 2528 or the court in the county where the person resides to cancel 1 the order and to restore the person’s right to ship, possess, 2 receive, or transport or cause the transport of firearms or 3 ammunition. A copy of the petition shall also be served on 4 the director of human services and the county attorney at the 5 county attorney’s office of the county in which the original 6 order, commitment, or finding occurred and the director or the 7 county attorney may appear, support, object to, and present 8 evidence relevant to the relief sought by the petitioner. A 9 court considering a petition under this section shall receive 10 evidence concerning all of the following: 11 (1) The circumstances surrounding the original issuance of 12 the prohibition and disposition order pursuant to subsection 1. 13 (2) The petitioner’s mental health and criminal history. 14 (3) The petitioner’s reputation and character. 15 (4) Any changes in the petitioner’s condition or 16 circumstances since the order of prohibition relevant to the 17 relief sought. 18 b. The court shall grant a petition filed pursuant to 19 paragraph “a” if the court finds by a preponderance of the 20 evidence that the petitioner will not be likely to act in a 21 manner dangerous to the public safety and that the granting 22 of the relief would not be contrary to the public interest. 23 The petitioner may appeal a denial of the requested relief and 24 the review shall be de novo. A person may file a petition 25 for relief under this subsection not more than once every two 26 years. 27 c. If a court issues an order granting a petition for relief 28 under paragraph “b” , the clerk of the district court shall 29 immediately forward a copy of the order to the department of 30 public safety which, upon receipt, shall immediately forward a 31 copy of the order to the federal bureau of investigation or its 32 successor agency for inclusion in the national instant criminal 33 background check system database. 34 EXPLANATION 35 -17- LSB 6267YH (1) 83 rh/rj 17/ 24

H.F. 2528 This bill relates to permits to carry weapons and permits 1 to acquire pistols and revolvers including the dissemination 2 of information relating to persons suffering from mental and 3 substance abuse health-related disorders and the possession of 4 firearms. 5 PERSONALLY IDENTIFIABLE INFORMATION —— PERMITS TO CARRY 6 WEAPONS AND PERMITS TO ACQUIRE PISTOLS AND REVOLVERS. The 7 bill adds a provision in Code section 22.7 making personally 8 identifiable information of applicants or holders of 9 nonprofessional permits to carry weapons and annual permits to 10 acquire pistols or revolvers in Code chapter 724 confidential 11 unless otherwise ordered by a court, by the lawful custodian of 12 the records, or by another person duly authorized to release 13 such information. Such information includes but is not limited 14 to the name, social security number or other identification 15 number, date of birth, and residential or business address of 16 the applicant or permit holder. This provision does not apply 17 to aggregate data collected by the department of public safety 18 relating to the issuance, denial, revocation, or administration 19 of such permits, provided applicant or holder identities are 20 not revealed. The bill makes a corresponding amendment to Code 21 section 724.23 relating to records of permits to carry weapons 22 including permit revocations maintained by the commissioner of 23 public safety. 24 CONFIDENTIALITY OF RECORDS OF INVOLUNTARY HOSPITAL 25 PROCEEDINGS. The bill provides that although all papers and 26 records pertaining to any involuntary hospitalization or 27 application for involuntary hospitalization of any person 28 under Code chapter 229, whether part of the permanent record 29 of the court or of a file in the department of human services, 30 are subject to public inspection only upon an order of the 31 court for good cause shown, this prohibition does not prevent 32 a court or the department of public safety from forwarding 33 to the federal bureau of investigation a copy of an order 34 issued by a court relating to a person who is the subject of a 35 -18- LSB 6267YH (1) 83 rh/rj 18/ 24