Senate
File
2379
-
Introduced
SENATE
FILE
2379
BY
GRONSTAL
(COMPANION
TO
6267YH
BY
McCARTHY
)
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
6267XS
(1)
83
rh/rj
S.F.
2379
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
6267XS
(1)
83
rh/rj
1/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
2/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
3/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
4/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
5/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
6/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
7/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
8/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
9/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
10/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
11/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
12/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
13/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
14/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
15/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
16/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
17/
24
S.F.
2379
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
6267XS
(1)
83
rh/rj
18/
24
S.F.
2379
mental
health-related
order
or
commitment
and
the
possession
of
1
firearms
by
such
a
person
under
new
Code
section
724.31
created
2
in
the
bill.
3
POSSESSION
OR
CARRYING
OF
FIREARMS
WHILE
UNDER
THE
4
INFLUENCE.
The
bill
creates
a
new
crime
relating
to
the
5
possession
or
carrying
of
firearms
while
under
the
influence
of
6
alcohol
or
an
illegally
used
or
possessed
controlled
substance
7
and
provides
certain
exemptions.
The
bill
makes
this
crime
a
8
serious
misdemeanor.
A
person
arrested
under
this
provision
in
9
the
bill
may
have
the
person’s
nonprofessional
or
professional
10
permit
to
carry
weapons
suspended
or
revoked.
A
serious
11
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
12
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
13
NONPROFESSIONAL
PERMIT
TO
CARRY
WEAPONS
——
ISSUANCE
——
14
RENEWAL
PERMITS.
The
bill
amends
current
law
relating
to
the
15
issuance
of
nonprofessional
permits
to
carry
weapons
to
provide
16
that
a
person
who
is
not
subject
to
the
disqualifying
criteria
17
in
Code
section
724.8
and
who
meets
the
training
requirements
18
of
Code
section
724.9,
as
amended
in
the
bill,
and
who
files
19
the
requisite
application
under
Code
section
724.10,
as
amended
20
in
the
bill,
shall
be
issued
such
a
permit
for
a
five-year
21
period.
Current
law
provides
that
even
if
certain
criteria
are
22
met
the
issuing
officer
has
the
discretion
to
decide
whether
a
23
permit
should
be
issued
to
the
applicant.
24
The
bill
provides
that
renewal
permits
or
duplicate
permits
25
to
carry
weapons
shall
be
issued
provided
the
application
26
for
such
renewal
permit
is
received
by
the
issuing
officer
27
at
least
30
days
prior
to
the
expiration
of
the
applicant’s
28
current
permit
and
the
sheriff
or
commissioner
of
public
29
safety
shall
approve
or
deny
an
initial
or
renewal
application
30
submitted
within
30
days
of
receipt
of
the
application.
If
the
31
issuing
officer
has
not
received
a
response
to
an
information
32
request
necessary
to
determine
the
applicant’s
eligibility
at
33
the
end
of
the
30-day
period
and
the
applicant
is
otherwise
34
qualified,
the
issuing
officer
shall
issue
a
conditional
permit
35
-19-
LSB
6267XS
(1)
83
rh/rj
19/
24
S.F.
2379
to
the
applicant,
which
shall
be
immediately
revoked
if
the
1
information
subsequently
received
indicates
the
applicant
is
2
ineligible
for
a
permit
and
the
application
is
denied.
A
3
person
whose
application
for
a
permit
to
carry
weapons
is
4
denied
may
seek
judicial
review
of
the
denial
under
Code
5
chapter
17A.
6
FIREARMS
TRAINING
PROGRAM.
The
bill
amends
current
law
7
relating
to
a
firearms
training
program
and
requires
an
8
applicant
to
demonstrate
knowledge
of
firearm
safety
through
9
completion
of
certain
firearms
safety
or
firearms
training
10
courses,
evidence
of
equivalent
experience
with
a
firearm
11
through
participation
in
an
organized
shooting
competition,
12
completion
of
a
small
arms
training
program
while
serving
with
13
the
armed
forces
of
the
United
States,
obtaining
or
previously
14
having
held
a
license
to
carry
a
firearm
in
this
state
or
any
15
political
subdivision
unless
such
license
has
been
revoked
for
16
cause,
or
completion
of
a
law
enforcement
firearms
training
17
program
that
qualifies
a
peace
officer
to
carry
a
firearm
in
18
the
normal
course
of
the
peace
officer’s
duties.
19
BACKGROUND
CHECKS.
The
bill
amends
Code
section
724.10
20
relating
to
background
checks
of
an
applicant
for
a
permit
to
21
carry
weapons.
The
bill
requires
the
issuing
officer,
upon
22
receipt
of
an
initial
or
renewal
application
for
a
permit
23
to
carry
weapons,
to
conduct
a
background
check
utilizing
24
any
available
state
and
federal
data
sources.
In
addition,
25
the
bill
provides
that
a
person
who
knowingly
gives
a
false
26
name
or
presents
false
identification
or
otherwise
knowingly
27
gives
false
material
information
in
connection
with
an
28
application
for
a
permit
to
carry
weapons
commits
an
aggravated
29
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
30
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
31
$625
but
not
more
than
$6,250.
32
RECIPROCITY.
The
bill
creates
a
reciprocity
provision
33
requiring
the
commissioner
of
public
safety
to
compare
the
34
relevant
provisions
relating
to
the
issuance
of
a
permit
to
35
-20-
LSB
6267XS
(1)
83
rh/rj
20/
24
S.F.
2379
carry
weapons
with
similar
statutes
of
other
states
in
which
1
reciprocity
is
requested
to
determine
whether
such
state’s
laws
2
are
similar
to
or
exceed
the
requirements
of
Iowa
law.
In
3
addition,
the
bill
allows
the
commissioner
of
public
safety
to
4
seek
a
reciprocity
agreement
with
each
state
whose
laws
are
5
similar
to
or
exceed
the
Iowa
requirements.
6
SUSPENSION
OR
REVOCATION
OF
PERMITS
TO
CARRY.
The
bill
7
amends
current
law
relating
to
the
revocation
of
permits
to
8
carry
by
providing
that
an
issuing
officer
who
finds
that
9
a
person
who
has
been
issued
a
permit
to
carry
weapons
has
10
been
arrested
for
a
disqualifying
offense
or
is
the
subject
11
of
proceedings
that
could
lead
to
the
person’s
ineligibility
12
for
such
permit
may
immediately
suspend
such
permit.
If
the
13
suspension
is
based
on
an
arrest
or
a
proceeding
that
does
14
not
result
in
a
disqualifying
conviction
or
finding
against
15
the
permit
holder,
the
issuing
officer
shall
immediately
16
reinstate
the
permit
upon
receipt
of
proof
of
the
matter’s
17
final
disposition.
If
the
arrest
leads
to
a
disqualifying
18
conviction
or
the
proceedings
to
a
disqualifying
finding,
the
19
issuing
officer
shall
revoke
the
permit.
The
issuing
officer
20
may
also
revoke
the
permit
of
a
person
whom
the
issuing
officer
21
later
finds
was
not
qualified
for
such
a
permit
at
the
time
of
22
issuance
or
who
the
officer
finds
provided
materially
false
23
information
on
the
permit
application.
A
person
aggrieved
by
24
a
suspension
or
revocation
under
this
Code
section
may
seek
25
review
of
the
decision
pursuant
to
an
administrative
review
26
process
under
the
bill.
27
ADMINISTRATIVE
REVIEW
——
DENIAL,
SUSPENSION,
OR
REVOCATION.
28
The
bill
provides
an
administrative
review
procedure
in
any
29
case
where
the
sheriff
or
the
commissioner
of
public
safety
30
denies
an
application
for
or
suspends
or
revokes
a
permit
31
to
carry
weapons
or
an
annual
permit
to
acquire
pistols
or
32
revolvers
and
provides
that
the
applicant
or
permit
holder
33
shall
have
the
right
to
appeal
the
denial,
suspension,
or
34
revocation
of
the
permit
to
an
administrative
law
judge
in
35
-21-
LSB
6267XS
(1)
83
rh/rj
21/
24
S.F.
2379
the
department
of
inspections
and
appeals
within
30
days
1
of
receiving
written
notice
of
the
denial,
suspension,
or
2
revocation.
The
applicant
or
permit
holder
may
file
an
3
appeal
with
an
administrative
law
judge
by
filing
a
copy
of
4
the
denial,
suspension,
or
revocation
notice
with
a
written
5
statement
that
clearly
states
the
applicant’s
reasons
rebutting
6
the
denial,
suspension,
or
revocation
along
with
a
fee
of
$10.
7
The
administrative
law
judge
shall
grant
an
aggrieved
applicant
8
an
opportunity
to
be
heard
within
45
days
of
receipt
of
the
9
appeal
request
and
the
hearing
may
be
held
by
telephone
or
10
video
conference
at
the
discretion
of
the
administrative
law
11
judge.
The
administrative
law
judge
shall
receive
witness
12
testimony
and
other
evidence
relevant
to
the
proceedings
at
the
13
hearing.
Upon
conclusion
of
the
hearing,
the
administrative
14
law
judge
shall
order
that
the
denial,
suspension,
or
15
revocation
of
the
permit
be
either
rescinded
or
sustained.
An
16
applicant,
permit
holder,
or
issuing
officer
aggrieved
by
the
17
final
judgment
of
the
administrative
law
judge
shall
have
the
18
right
to
judicial
review
in
accordance
with
the
terms
of
the
19
Iowa
administrative
procedure
Act
pursuant
to
Code
chapter
17A.
20
PERMITS
TO
ACQUIRE
PISTOLS
OR
REVOLVERS
——
ISSUANCE
——
21
PERMIT
REVOCATIONS.
The
bill
amends
Code
section
724.13
22
relating
to
the
issuance
of
permits
to
acquire
pistols
or
23
revolvers
and
provides
the
same
procedure
for
such
permit
24
denials,
suspensions,
and
revocations
as
previously
indicated
25
for
denials,
suspensions,
and
revocations
of
permits
to
carry
26
weapons.
27
RESTORATION
OF
RIGHTS
——
FIREARMS.
The
bill
makes
28
conforming
changes
relating
to
the
restoration
of
the
right
29
to
possess
a
firearm
under
Code
section
724.27
and
provides
30
that
a
person
whose
pardon,
restoration
of
civil
rights,
or
31
expungement
of
conviction
expressly
forbids
the
person
to
32
receive,
transport,
or
possess
firearms
is
ineligible
to
have
33
the
person’s
civil
rights
regarding
firearms
restored.
34
PERSONS
SUBJECT
TO
MENTAL
AND
SUBSTANCE
ABUSE
HEALTH-RELATED
35
-22-
LSB
6267XS
(1)
83
rh/rj
22/
24
S.F.
2379
ORDERS
——
RESTORATION
OF
RIGHTS
——
REPORTING.
The
bill
1
provides
that
subsequent
to
a
court
order
that
orders
2
commitment
or
treatment
pursuant
to
Code
section
125.84
3
(chemical
substance
abuse),
Code
section
222.31
(mental
4
retardation),
or
Code
section
229.14
(mental
health),
appoints
5
a
guardian
or
conservator
pursuant
to
Code
section
231E.6
6
(appointment
of
state
or
local
substitute
decision
maker),
7
grants
a
petition
filed
pursuant
to
Code
section
597.6
8
(conveyance
of
property
due
to
mental
illness),
issues
an
9
order
pursuant
to
Code
section
633.244
(incompetent
spouse),
10
appoints
a
guardian
pursuant
to
Code
section
633.556,
or
11
finds
a
defendant
incompetent
to
stand
trial
pursuant
to
Code
12
section
812.5,
a
court
shall
make
a
finding
as
to
whether
13
the
person
who
is
the
subject
of
the
order
is
subject
to
a
14
federal
firearms
prohibition
under
federal
law
(18
U.S.C.
§
15
922(d)(4)
or
(g)(4)),
and
if
so,
shall
inform
the
person
of
16
the
applicable
prohibitions
and
shall
order
the
person
not
to
17
possess,
receive,
or
transport
or
cause
to
transport
a
firearm
18
or
offensive
weapon.
The
court
shall
also
order
the
person
to
19
make
immediate
arrangements
for
the
disposition
of
any
firearms
20
or
ammunition
owned
or
possessed
by
the
person.
If
the
person
21
is
unable
to
make
lawful
disposition
by
other
means,
the
22
department
of
public
safety
may
take
custody
of
any
firearms
or
23
ammunition
owned
or
possessed
by
the
person
for
such
time
as
24
the
order
remains
in
effect.
The
clerk
of
the
district
court
25
shall
forward
a
copy
of
the
order
to
the
department
of
public
26
safety
which
in
turn
shall
forward
a
copy
of
the
order
to
the
27
federal
bureau
of
investigation
or
its
successor
agency
for
28
inclusion
in
the
national
instant
criminal
background
check
29
system
database.
30
A
person
who
is
the
subject
of
any
of
the
underlying
orders
31
may
petition
the
court
that
issued
the
order
or
the
court
in
32
the
county
where
the
person
resides
to
cancel
the
order
and
33
to
restore
the
person’s
right
to
ship,
possess,
receive,
or
34
transport
or
cause
the
transport
of
firearms
or
ammunition.
A
35
-23-
LSB
6267XS
(1)
83
rh/rj
23/
24
S.F.
2379
copy
of
the
petition
shall
also
be
served
on
the
director
of
1
human
services
and
the
county
attorney
at
the
county
attorney’s
2
office
of
the
county
in
which
the
original
order,
commitment,
3
or
finding
occurred
and
the
director
or
the
county
attorney
may
4
appear,
support,
object
to,
and
present
evidence
relevant
to
5
the
relief
sought
by
the
petitioner.
The
court
shall
grant
a
6
petition
if
the
court
finds
by
a
preponderance
of
the
evidence
7
that
the
petitioner
will
not
be
likely
to
act
in
a
manner
8
dangerous
to
the
public
safety
and
that
the
granting
of
the
9
relief
would
not
be
contrary
to
the
public
interest.
The
10
petitioner
may
appeal
a
denial
of
the
requested
relief
and
the
11
review
shall
be
de
novo.
A
person
may
file
a
petition
for
12
relief
not
more
than
once
every
two
years.
When
a
court
issues
13
an
order
granting
a
petition
for
relief,
the
clerk
of
the
14
district
court
shall
immediately
forward
a
copy
of
the
order
15
to
the
department
of
public
safety
which,
upon
receipt,
shall
16
immediately
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
-24-
LSB
6267XS
(1)
83
rh/rj
24/
24