S.F. _____ Section 1. Section 724.7, Code 2009, is amended to read as 1 follows: 2 724.7 Nonprofessional permit to carry weapons. 3 Any person who can reasonably justify going armed may be 4 issued a nonprofessional permit to carry weapons. The issuance 5 of a nonprofessional permit to carry weapons shall be by and at 6 the discretion of the issuing officer who shall, before issuing 7 the permit, determine that the requirements of sections 724.8 8 through 724.10 have been met. Such permits shall be on a form 9 prescribed and published by the commissioner of public safety, 10 which shall be readily distinguishable from the professional 11 permit, and shall identify the holder thereof, and state the 12 reason for the issuance of the permit, and the limits of the 13 authority granted by such permit. All permits so issued shall 14 be for a definite period as established by the issuing officer, 15 but in no event shall exceed a period of twelve months. 16 Sec. 2. Section 724.8, Code 2009, is amended to read as 17 follows: 18 724.8 Persons eligible for permit to carry weapons. 19 No A person shall not be issued a professional or 20 nonprofessional permit to carry weapons unless: 21 1. The person is eighteen years of age or older for 22 a professional permit or twenty-one years or older for a 23 nonprofessional permit . 24 2. The person has never been convicted of a felony. 25 3. The person is not addicted to the use of alcohol or any 26 controlled substance. 27 4. The person has no history of repeated acts of violence. 28 5. The issuing officer reasonably determines that the 29 applicant does not constitute a danger to any person. 30 6. The person has never been convicted of any crime defined 31 in chapter 708, except “assault” as defined in section 708.1 and 32 “harassment” as defined in section 708.7. 33 7. The person has not been committed to a mental institution 34 for purposes of 18 U.S.C. § 922(g)(4). 35 -1- LSB 5649XC (4) 83 rh/rj 1/ 14

S.F. _____ 8. The person is not subject to a protective order pursuant 1 to 18 U.S.C. § 922(g)(8) and has not been convicted of a 2 misdemeanor crime of domestic violence pursuant to 18 U.S.C. 3 § 922(g)(9). It is the intent of the general assembly that 4 violations of these federal laws be strictly enforced in the 5 courts of this state. 6 Sec. 3. Section 724.9, Code 2009, is amended to read as 7 follows: 8 724.9 Firearm Firearms training program. 9 1. A training program to qualify persons in the safe use of 10 firearms shall be provided by the issuing officer of permits, 11 as provided in section 724.11. 12 2. The course of instruction required for a person to apply 13 for a permit under this chapter shall qualify a person on a 14 firing range and shall be limited to a maximum of six hours in 15 length. The course of instruction shall include all of the 16 following: 17 a. Firearms safety in the classroom, at home, on the firing 18 range, and while carrying the firearm. 19 b. A physical demonstration performed by the applicant 20 that demonstrates the applicant’s ability to safely load and 21 unload a revolver or a semiautomatic pistol and the applicant’s 22 marksmanship. 23 c. The basic principles of marksmanship. 24 d. The law relating to firearms pursuant to this chapter. 25 e. The law relating to the justifiable use of force pursuant 26 to chapter 704. 27 f. A live fire shooting test administered to an applicant 28 pursuant to section 724.9A. 29 3. The commissioner of public safety shall approve the 30 training program, and or the county sheriff or the commissioner 31 of public safety conducting may conduct the training program 32 within their respective jurisdictions , or may contract 33 with a private organization or use the services of other 34 agencies, or may use a combination of the two, to provide 35 -2- LSB 5649XC (4) 83 rh/rj 2/ 14

S.F. _____ such a training program that meets the standards specified in 1 subsection 2 . Any person eligible to be issued a permit to 2 carry weapons may enroll in such course. A fee sufficient to 3 cover the cost of the program may be charged to each person 4 attending. Certificates of completion, on a form prescribed 5 and published by the commissioner of public safety, shall 6 be issued by a qualified firearms safety instructor subject 7 to the restrictions of section 724.9B to each person who 8 successfully completes the program. No A person shall not be 9 issued either a professional or nonprofessional permit to 10 carry weapons unless the person has received a certificate of 11 completion or is a certified peace officer. No A peace officer 12 or correctional officer, except a certified peace officer, 13 shall not go armed with a pistol or revolver unless the officer 14 has received a certificate of completion, provided that this 15 requirement shall not apply to persons who are employed in this 16 state as peace officers on January 1, 1978 until July 1, 1978, 17 or to peace officers of other jurisdictions exercising their 18 legal duties within this state. 19 Sec. 4. NEW SECTION . 724.9A Live fire shooting test. 20 1. A live fire shooting test shall be administered in 21 the presence of a firearms safety instructor qualified under 22 section 724.9C to an applicant for a nonprofessional permit to 23 carry weapons. The live fire shooting test shall consist of 24 thirty rounds fired from a standing position or its equivalent 25 at a distance from a B-27 silhouette target or an FBI “Q” 26 target, ten rounds fired from a distance of five yards, ten 27 rounds fired from a distance of seven yards, and ten rounds 28 fired from a distance of ten yards. Two sets of five rounds 29 shall be fired consecutively at each designated distance 30 and each five-round string shall be fired within thirty 31 seconds. Twenty-one of the rounds fired must strike either the 32 eight-ring on the B-27 target or the smallest FBI “Q” target to 33 pass the live fire shooting test. 34 2. An applicant for a nonprofessional permit to carry 35 -3- LSB 5649XC (4) 83 rh/rj 3/ 14

S.F. _____ weapons may attempt to pass the live fire shooting test 1 administered pursuant to subsection 1 up to three times in 2 one day but must pass the shooting test within two weeks of 3 completing a firearms training program pursuant to section 4 724.9. An applicant who fails the live fire shooting test 5 within the requisite two-week period shall be required to 6 retake the firearms training program prior to again attempting 7 to pass the live fire shooting test. 8 3. The provisions of this section shall be implemented 9 uniformly throughout the state and shall constitute the 10 statewide standard for the course of instruction qualifying a 11 person shooting on a firing range pursuant to section 724.9. 12 Sec. 5. NEW SECTION . 724.9B Certificate of completion. 13 A qualified firearms safety instructor shall not issue a 14 certificate of completion to an applicant for a permit to carry 15 weapons who does any of the following: 16 1. Fails to demonstrate the requisite knowledge and 17 technique regarding the proper handling of a firearm. 18 2. Handles a firearm in a manner that, in the judgment of 19 the qualified firearms safety instructor, poses a danger to the 20 applicant or others. 21 3. Fails the live fire shooting test pursuant to the 22 requirements specified in section 724.9A. 23 Sec. 6. NEW SECTION . 724.9C Qualified firearms safety 24 instructor. 25 A firearms safety instructor shall be considered to be a 26 qualified firearms safety instructor if the instructor has any 27 of the following qualifications: 28 1. Is certified by the national rifle association as an 29 instructor in any course that provides basic instruction in 30 pistol marksmanship or in the use of pistols or revolvers for 31 personal protection. 32 2. Is certified as a firearms safety instructor by a local, 33 state, or federal governmental agency. 34 3. Is certified as a firearms safety instructor by 35 -4- LSB 5649XC (4) 83 rh/rj 4/ 14

S.F. _____ successful completion of a course approved by the department 1 of public safety. 2 4. Has successfully completed a firearms safety instructor 3 course given by or under the supervision of any state, county, 4 municipal, or federal law enforcement agency. 5 5. Is a certified police officer firearms safety 6 instructor. 7 6. Is a certified law enforcement academy firearms safety 8 instructor. 9 Sec. 7. Section 724.11, Code 2009, is amended to read as 10 follows: 11 724.11 Issuance of permit to carry weapons. 12 1. Applications for permits to carry weapons shall be made 13 to the sheriff of the county in which the applicant resides. 14 Applications from persons who are nonresidents of the state, 15 or whose need to go armed arises out of employment by the 16 state, shall be made to the commissioner of public safety. In 17 either case, the issuance of the permit shall be by and at the 18 discretion of the sheriff or commissioner, who shall, before 19 issuing the permit, determine that the requirements of sections 20 724.6 to 724.10 have been satisfied. However, the training 21 program requirements in section 724.9 may be waived for renewal 22 of nonprofessional permits and may be waived for issuance of a 23 nonprofessional permit that is restricted to the carrying of a 24 dangerous weapon other than a firearm . If the sheriff or the 25 commissioner denies an application for a permit or restricts a 26 permit under this section, unless such restriction is uniformly 27 applied to all nonprofessional permits issued pursuant to 28 standards published by the sheriff or the commissioner, the 29 sheriff or commissioner shall provide a written statement of 30 the reasons for the denial or the restriction to the applicant 31 by regular mail within twenty working days of the filing of the 32 application. 33 2. The issuing officer shall collect a fee of ten dollars, 34 except from a duly appointed peace officer or correctional 35 -5- LSB 5649XC (4) 83 rh/rj 5/ 14

S.F. _____ officer, for each permit issued. Renewal permits or duplicate 1 permits shall be issued for a fee of five dollars. The issuing 2 officer shall notify the commissioner of public safety of the 3 issuance of any permit at least monthly and forward to the 4 commissioner an amount equal to two dollars for each permit 5 issued and one dollar for each renewal or duplicate permit 6 issued. All such fees received by the commissioner shall be 7 paid to the treasurer of state and deposited in the operating 8 account of the department of public safety to offset the cost 9 of administering this chapter. Any Notwithstanding section 10 8.33, any unspent balance as of June 30 of each year shall 11 not revert to the general fund as provided by section 8.33 but 12 shall remain available to the department . 13 Sec. 8. NEW SECTION . 724.11A Reciprocity. 14 A person possessing a valid permit to carry weapons issued 15 by the person’s state of residence shall be entitled to the 16 privileges and subject to the restrictions prescribed in this 17 chapter provided the state that issued the license has been 18 designated as a Brady-alternative state pursuant to 18 U.S.C. 19 § 922(t)(3) as determined by the federal bureau of alcohol, 20 tobacco, firearms, and explosives. The department of public 21 safety shall post such information on the department’s internet 22 site. 23 Sec. 9. NEW SECTION . 724.14 Immunity. 24 The sheriff or the commissioner of public safety shall not be 25 liable for damages in any civil action arising from the alleged 26 wrongful issuance, renewal, or failure to revoke a permit to 27 carry weapons provided that the sheriff or the commissioner 28 acted reasonably and in good faith and in accordance with the 29 provisions of this chapter in carrying out the sheriff’s or the 30 commissioner’s official duties. 31 Sec. 10. Section 724.15, subsection 1, Code 2009, is amended 32 by adding the following new paragraphs: 33 NEW PARAGRAPH . g. The person has not been committed to a 34 mental institution for purposes of 18 U.S.C. § 922(g)(4). 35 -6- LSB 5649XC (4) 83 rh/rj 6/ 14

S.F. _____ NEW PARAGRAPH . h. The person is not subject to a protective 1 order pursuant to 18 U.S.C. § 922(g)(8) and has not been 2 convicted of a misdemeanor crime of domestic violence pursuant 3 to 18 U.S.C. § 922(g)(9). It is the intent of the general 4 assembly that violations of these federal laws be strictly 5 enforced in the courts of this state. 6 Sec. 11. NEW SECTION . 724.21A Hearing on denial or 7 restriction of permit to carry weapons. 8 1. In any case where the sheriff or the commissioner of 9 public safety denies an application for a permit to carry 10 weapons or issues a permit with a restriction, the denied 11 applicant or holder of a restricted permit shall have the right 12 to appeal the denial or restriction to an administrative law 13 judge in the department of inspections and appeals within 14 thirty days of receiving written notice of the denial or 15 restriction. 16 2. A denial of an application for a permit to carry weapons 17 or the issuance of a permit with a restriction may be appealed 18 by filing with an administrative law judge a copy of the 19 denial or the restricted permit with a written statement that 20 clearly states the applicant’s reasons rebutting the denial or 21 the restriction along with a fee of ten dollars. Additional 22 supporting information relevant to the application for a permit 23 may also be included. 24 3. The administrative law judge shall grant an aggrieved 25 applicant an opportunity to be heard within forty-five days of 26 receipt of the request for an appeal. The hearing may be held 27 by telephone conference at the discretion of the administrative 28 law judge. 29 4. Upon hearing, the administrative law judge shall order 30 that the denial of the application or restriction of the permit 31 be either rescinded or sustained. An applicant, holder of a 32 restricted permit, or issuing officer aggrieved by the final 33 judgment of the administrative law judge shall have the right 34 to judicial review in accordance with the terms of the Iowa 35 -7- LSB 5649XC (4) 83 rh/rj 7/ 14

S.F. _____ administrative procedure Act, chapter 17A. 1 5. The losing party shall be required to pay the prevailing 2 party’s administrative costs incurred in an appeal pursuant to 3 this section. 4 Sec. 12. NEW SECTION . 724.31 Persons subject to mental and 5 substance abuse health-related orders, commitments, or findings 6 —— disabilities —— restoration of rights —— reports. 7 1. Subsequent to the issuance of a court order listed in 8 subsection 2, a court shall make a finding as to whether the 9 person who is the subject of the order is a person to whom the 10 provisions of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4) 11 apply, and if so, shall inform the person of the applicable 12 prohibitions and shall order the person not to ship, possess, 13 receive, or transport or cause the transport of firearms or 14 ammunition. The court shall also order the person to make 15 immediate arrangements for the disposition of any firearms or 16 ammunition owned or possessed by the person. If the person 17 is unable to make lawful disposition by other means, the 18 department of public safety may take custody of any firearms 19 or ammunition owned or possessed by the person for such time 20 as the order issued in subsection 2 remains in effect. The 21 clerk of the district court shall forward a copy of the 22 prohibition order to the department of public safety which in 23 turn shall forward a copy of the order to the federal bureau 24 of investigation or its successor agency for inclusion in the 25 national instant criminal background check system database. 26 2. A court order that does any of the following is subject 27 to this section: 28 a. Orders commitment or treatment pursuant to section 29 125.84. 30 b. Orders commitment pursuant to section 222.31. 31 c. Orders commitment or treatment pursuant to section 32 229.14. 33 d. Appoints a guardian or conservator pursuant to section 34 231E.6. 35 -8- LSB 5649XC (4) 83 rh/rj 8/ 14

S.F. _____ e. Grants a petition filed pursuant to section 597.6. 1 f. Issues an order pursuant to section 633.244. 2 g. Appoints a guardian pursuant to section 633.556. 3 h. Finds a defendant incompetent to stand trial pursuant to 4 section 812.5. 5 3. a. A person who is the subject of a court order listed 6 in subsection 2 may petition the court that issued the order 7 or the court in the county where the person resides to cancel 8 the order and to restore the person’s right to ship, possess, 9 receive, or transport or cause the transport of firearms or 10 ammunition. A copy of the petition shall also be served on 11 the director of human services and the county attorney at the 12 county attorney’s office of the county in which the original 13 order, commitment, or finding occurred and the director or the 14 county attorney may appear, support, object to, and present 15 evidence relevant to the relief sought by the petitioner. A 16 court considering a petition under this section shall receive 17 evidence concerning all of the following: 18 (1) The circumstances surrounding the original issuance of 19 the prohibition and disposition order pursuant to subsection 1. 20 (2) The petitioner’s mental health and criminal history. 21 (3) The petitioner’s reputation and character. 22 (4) Any changes in the petitioner’s condition or 23 circumstances since the order of prohibition relevant to the 24 relief sought. 25 b. The court shall grant a petition filed pursuant to 26 paragraph “a” if the court finds by a preponderance of the 27 evidence that the petitioner will not be likely to act in a 28 manner dangerous to the public safety and that the granting 29 of the relief would not be contrary to the public interest. 30 The petitioner may appeal a denial of the requested relief and 31 the review shall be de novo. A person may file a petition 32 for relief under this subsection not more than once every two 33 years. 34 c. If a court issues an order granting a petition for relief 35 -9- LSB 5649XC (4) 83 rh/rj 9/ 14

S.F. _____ under paragraph “b” , the clerk of the district court shall 1 immediately forward a copy of the order to the department of 2 public safety which, upon receipt, shall immediately forward a 3 copy of the order to the federal bureau of investigation or its 4 successor agency for inclusion in the national instant criminal 5 background check system database. 6 EXPLANATION 7 This bill relates to the issuance of weapons permits. 8 The bill provides that a person who is at least 21 and who 9 meets additional eligibility requirements shall be issued, at 10 the discretion of the issuing officer, a nonprofessional permit 11 to carry weapons. The bill provides that persons who have been 12 committed to a mental institution under federal law or persons 13 who are subject to protective orders or who have been convicted 14 of a misdemeanor crime of domestic violence under federal law 15 are all ineligible for a permit to carry weapons and a permit 16 to acquire pistols or revolvers. 17 The bill amends current law relating to a firearms training 18 program. Firearms training program requirements shall be 19 waived for renewal of nonprofessional permits to carry weapons 20 and may be waived for issuance of a nonprofessional permit that 21 is restricted to the carrying of a dangerous weapon other than 22 a firearm. The bill provides that the course of instruction 23 required for a person to apply for a permit to carry weapons 24 shall qualify a person on a firing range and shall be limited 25 to a maximum of six hours. The bill further provides a 26 statewide standard designed to qualify an applicant for a 27 nonprofessional permit to carry weapons shooting on a firing 28 range. 29 The bill provides that a qualified firearms safety 30 instructor shall issue a certificate of completion to a person 31 who successfully completes the training program, including the 32 completion of the requirements relating to live fire ammunition 33 testing on a firing range. The bill specifically provides that 34 a person who handles a firearm in a manner that poses a danger 35 -10- LSB 5649XC (4) 83 rh/rj 10/ 14

S.F. _____ to the applicant or others, or who fails to pass the live fire 1 testing portion of the training program shall not be issued a 2 certificate of completion. An applicant for a permit to carry 3 weapons shall not be issued a permit to carry weapons unless 4 the applicant has received a certificate of completion or is a 5 certified peace officer. 6 The bill defines a qualified firearms safety instructor as a 7 person who meets any of the following qualifications: 8 1. Is certified by the national rifle association as an 9 instructor in any course that provides basic instruction in 10 pistol marksmanship or in the use of pistols or revolvers for 11 personal protection. 12 2. Is certified as a firearms safety instructor by a local, 13 state, or federal governmental agency. 14 3. Is certified as a firearms safety instructor by 15 successful completion of a course approved by the department 16 of public safety. 17 4. Has successfully completed a firearms safety instructor 18 course given by or under the supervision of any state, county, 19 municipal, or federal law enforcement agency. 20 5. Is a certified police officer firearms safety 21 instructor. 22 6. Is a certified law enforcement academy firearms safety 23 instructor. 24 The bill provides that if the sheriff or commissioner 25 restricts or denies an application for a concealed weapons 26 permit, the sheriff or commissioner shall provide a written 27 statement of the reasons for the restriction or denial. 28 The bill provides that a person possessing a valid permit to 29 carry weapons issued by the person’s state of residence shall 30 be entitled to the privileges and subject to the restrictions 31 prescribed in Code chapter 724 provided the state that issued 32 the license has been designated as a Brady-alternative state 33 pursuant to 18 U.S.C. § 922(t)(3) as determined by the federal 34 bureau of alcohol, tobacco, firearms, and explosives. The 35 -11- LSB 5649XC (4) 83 rh/rj 11/ 14

S.F. _____ department of public safety shall post such information on the 1 department’s internet site. 2 The bill provides that the sheriff or the commissioner of 3 public safety shall not be liable for damages in any civil 4 action arising from the alleged wrongful issuance, renewal, 5 or failure to revoke a permit to carry weapons provided that 6 the sheriff or the commissioner acted reasonably and in good 7 faith and in accordance with provisions of Code chapter 724 8 in carrying out the sheriff’s or the commissioner’s official 9 duties. 10 The bill provides an administrative review procedure for 11 an applicant who has been denied a permit to carry concealed 12 weapons or who has had a restriction placed on the permit. 13 The denied applicant or restricted holder of the permit may 14 file an appeal of the denial to an administrative law judge 15 in the department of inspections and appeals within 30 days 16 of receiving written notice of the denial or restriction. 17 The applicant must then file a copy of the denial or the 18 restricted permit and a written statement that clearly states 19 the applicant’s reasons rebutting the denial or restriction 20 along with a fee of $10. The administrative law judge shall 21 grant an aggrieved applicant an opportunity to be heard within 22 45 days of receipt of the request for an appeal. An applicant, 23 holder of a restricted permit, or issuing officer aggrieved by 24 the final judgment of the administrative law judge shall have 25 the right to judicial review in accordance with the terms of 26 the Iowa administrative procedure Act, Code chapter 17A. The 27 losing party is required to pay the costs of the appeal. 28 The bill provides that subsequent to a court order that 29 orders commitment or treatment pursuant to Code section 30 125.84 (chemical substance abuse), Code section 222.31 31 (mental retardation), or Code section 229.14 (mental health), 32 appoints a guardian or conservator pursuant to Code section 33 231E.6 (appointment of state or local substitute decision 34 maker), grants a petition filed pursuant to Code section 597.6 35 -12- LSB 5649XC (4) 83 rh/rj 12/ 14

S.F. _____ (conveyance of property due to mental illness), issues an 1 order pursuant to Code section 633.244 (incompetent spouse), 2 appoints a guardian pursuant to Code section 633.556, or 3 finds a defendant incompetent to stand trial pursuant to Code 4 section 812.5, a court shall make a finding as to whether 5 the person who is the subject of the order is subject to a 6 federal firearms prohibition under federal law (18 U.S.C. § 7 922(d)(4) or (g)(4)), and if so, shall inform the person of 8 the applicable prohibitions and shall order the person not to 9 possess, receive, or transport or cause to transport a firearm 10 or offensive weapon. The court shall also order the person to 11 make immediate arrangements for the disposition of any firearms 12 or ammunition owned or possessed by the person. If the person 13 is unable to make lawful disposition by other means, the 14 department of public safety may take custody of any firearms or 15 ammunition owned or possessed by the person for such time as 16 the order remains in effect. The clerk of the district court 17 shall forward a copy of the order to the department of public 18 safety which in turn shall forward a copy of the order to the 19 federal bureau of investigation or its successor agency for 20 inclusion in the national instant criminal background check 21 system database. 22 A person who is the subject of any of the underlying orders 23 may petition the court that issued the order or the court in 24 the county where the person resides to cancel the order and 25 to restore the person’s right to ship, possess, receive, or 26 transport or cause the transport of firearms or ammunition. A 27 copy of the petition shall also be served on the director of 28 human services and the county attorney at the county attorney’s 29 office of the county in which the original order, commitment, 30 or finding occurred and the director or the county attorney may 31 appear, support, object to, and present evidence relevant to 32 the relief sought by the petitioner. The court shall grant a 33 petition if the court finds by a preponderance of the evidence 34 that the petitioner will not be likely to act in a manner 35 -13- LSB 5649XC (4) 83 rh/rj 13/ 14

S.F. _____ dangerous to the public safety and that the granting of the 1 relief would not be contrary to the public interest. The 2 petitioner may appeal a denial of the requested relief and the 3 review shall be de novo. A person may file a petition for 4 relief not more than once every two years. When a court issues 5 an order granting a petition for relief, the clerk of the 6 district court shall immediately forward a copy of the order 7 to the department of public safety which, upon receipt, shall 8 immediately forward a copy of the order to the federal bureau 9 of investigation or its successor agency for inclusion in the 10 national instant criminal background check system database. 11 -14- LSB 5649XC (4) 83 rh/rj 14/ 14