SSB 3149 (LSB 5649XC (4) 83)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN)

A BILL FOR

An Act relating to the issuance of permits to carry weapons and permits to acquire pistols or revolvers including persons subject to mental and substance abuse health-related orders, and providing an effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.7, Code 2009, is amended to read as follows:
   724.7  Nonprofessional permit to carry weapons.

   Any person who can reasonably justify going armed may be issued a nonprofessional permit to carry weapons.  The issuance of a nonprofessional permit to carry weapons shall be by and at the discretion of the issuing officer who shall, before issuing the permit, determine that the requirements of sections 724.8 through 724.10 have been met. Such permits shall be on a form prescribed and published by the commissioner of public safety, which shall be readily distinguishable from the professional permit, and shall identify the holder thereof, and state the reason for the issuance of the permit, and the limits of the authority granted by such permit. All permits so issued shall be for a definite period as established by the issuing officer, but in no event shall exceed a period of twelve months.
    Sec. 2.  Section 724.8, Code 2009, is amended to read as follows:
   724.8  Persons eligible for permit to carry weapons.

   No A person shall not be issued a professional or nonprofessional permit to carry weapons unless:

   1.  The person is eighteen years of age or older for a professional permit or twenty-one years or older for a nonprofessional permit.
   2.  The person has never been convicted of a felony.
   3.  The person is not addicted to the use of alcohol or any controlled substance.
   4.  The person has no history of repeated acts of violence.
   5.  The issuing officer reasonably determines that the applicant does not constitute a danger to any person.
   6.  The person has never been convicted of any crime defined in chapter 708, except “assault” as defined in section 708.1 and “harassment” as defined in section 708.7.
   7.  The person has not been committed to a mental institution for purposes of 18 U.S.C. § 922(g)(4).
   8.  The person is not subject to a protective order pursuant to 18 U.S.C. § 922(g)(8) and has not been convicted of a misdemeanor crime of domestic violence pursuant to 18 U.S.C.

§ 922(g)(9). It is the intent of the general assembly that violations of these federal laws be strictly enforced in the courts of this state.
    Sec. 3.  Section 724.9, Code 2009, is amended to read as follows:
   724.9  Firearm Firearms training program.
   1.  A training program to qualify persons in the safe use of firearms shall be provided by the issuing officer of permits, as provided in section 724.11.
   2.  The course of instruction required for a person to apply for a permit under this chapter shall qualify a person on a firing range and shall be limited to a maximum of six hours in length. The course of instruction shall include all of the following:
   a.  Firearms safety in the classroom, at home, on the firing range, and while carrying the firearm.
   b.  A physical demonstration performed by the applicant that demonstrates the applicant’s ability to safely load and unload a revolver or a semiautomatic pistol and the applicant’s marksmanship.
   c.  The basic principles of marksmanship.
   d.  The law relating to firearms pursuant to this chapter.
   e.  The law relating to the justifiable use of force pursuant to chapter 704.
   f.  A live fire shooting test administered to an applicant pursuant to section 724.9A.
   3.  The commissioner of public safety shall approve the training program, and or the county sheriff or the commissioner of public safety conducting may conduct the training program within their respective jurisdictions, or may contract with a private organization or use the services of other agencies, or may use a combination of the two, to provide such a training program that meets the standards specified in subsection 2. Any person eligible to be issued a permit to carry weapons may enroll in such course. A fee sufficient to cover the cost of the program may be charged to each person attending. Certificates of completion, on a form prescribed and published by the commissioner of public safety, shall be issued by a qualified firearms safety instructor subject to the restrictions of section 724.9B to each person who successfully completes the program. No A person shall not be issued either a professional or nonprofessional permit to carry weapons unless the person has received a certificate of completion or is a certified peace officer. No A peace officer or correctional officer, except a certified peace officer, shall not go armed with a pistol or revolver unless the officer has received a certificate of completion, provided that this requirement shall not apply to persons who are employed in this state as peace officers on January 1, 1978 until July 1, 1978, or to peace officers of other jurisdictions exercising their legal duties within this state.
    Sec. 4.  NEW SECTION.  724.9A  Live fire shooting test.
   1.  A live fire shooting test shall be administered in the presence of a firearms safety instructor qualified under section 724.9C to an applicant for a nonprofessional permit to carry weapons. The live fire shooting test shall consist of thirty rounds fired from a standing position or its equivalent at a distance from a B-27 silhouette target or an FBI “Q” target, ten rounds fired from a distance of five yards, ten rounds fired from a distance of seven yards, and ten rounds fired from a distance of ten yards. Two sets of five rounds shall be fired consecutively at each designated distance and each five-round string shall be fired within thirty seconds. Twenty-one of the rounds fired must strike either the eight-ring on the B-27 target or the smallest FBI “Q” target to pass the live fire shooting test.
   2.  An applicant for a nonprofessional permit to carry weapons may attempt to pass the live fire shooting test administered pursuant to subsection 1 up to three times in one day but must pass the shooting test within two weeks of completing a firearms training program pursuant to section 724.9. An applicant who fails the live fire shooting test within the requisite two-week period shall be required to retake the firearms training program prior to again attempting to pass the live fire shooting test.
   3.  The provisions of this section shall be implemented uniformly throughout the state and shall constitute the statewide standard for the course of instruction qualifying a person shooting on a firing range pursuant to section 724.9.
    Sec. 5.  NEW SECTION.  724.9B  Certificate of completion.

   A qualified firearms safety instructor shall not issue a certificate of completion to an applicant for a permit to carry weapons who does any of the following:

   1.  Fails to demonstrate the requisite knowledge and technique regarding the proper handling of a firearm.
   2.  Handles a firearm in a manner that, in the judgment of the qualified firearms safety instructor, poses a danger to the applicant or others.
   3.  Fails the live fire shooting test pursuant to the requirements specified in section 724.9A.
    Sec. 6.  NEW SECTION.  724.9C  Qualified firearms safety instructor.

   A firearms safety instructor shall be considered to be a qualified firearms safety instructor if the instructor has any of the following qualifications:

   1.  Is certified by the national rifle association as an instructor in any course that provides basic instruction in pistol marksmanship or in the use of pistols or revolvers for personal protection.
   2.  Is certified as a firearms safety instructor by a local, state, or federal governmental agency.
   3.  Is certified as a firearms safety instructor by successful completion of a course approved by the department of public safety.
   4.  Has successfully completed a firearms safety instructor course given by or under the supervision of any state, county, municipal, or federal law enforcement agency.
   5.  Is a certified police officer firearms safety instructor.
   6.  Is a certified law enforcement academy firearms safety instructor.
    Sec. 7.  Section 724.11, Code 2009, is amended to read as follows:
   724.11  Issuance of permit to carry weapons.
   1.  Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications from persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the issuance of the permit shall be by and at the discretion of the sheriff or commissioner, who shall, before issuing the permit, determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, the training program requirements in section 724.9 may be waived for renewal of nonprofessional permits and may be waived for issuance of a nonprofessional permit that is restricted to the carrying of a dangerous weapon other than a firearm.  If the sheriff or the commissioner denies an application for a permit or restricts a permit under this section, unless such restriction is uniformly applied to all nonprofessional permits issued pursuant to standards published by the sheriff or the commissioner, the sheriff or commissioner shall provide a written statement of the reasons for the denial or the restriction to the applicant by regular mail within twenty working days of the filing of the application. 
   2.  The issuing officer shall collect a fee of ten dollars, except from a duly appointed peace officer or correctional officer, for each permit issued. Renewal permits or duplicate permits shall be issued for a fee of five dollars. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to two dollars for each permit issued and one dollar for each renewal or duplicate permit issued. All such fees received by the commissioner shall be paid to the treasurer of state and deposited in the operating account of the department of public safety to offset the cost of administering this chapter. Any Notwithstanding section 8.33, any unspent balance as of June 30 of each year shall not revert to the general fund as provided by section 8.33 but shall remain available to the department.
    Sec. 8.  NEW SECTION.  724.11A  Reciprocity.  

   A person possessing a valid permit to carry weapons issued by the person’s state of residence shall be entitled to the privileges and subject to the restrictions prescribed in this chapter provided the state that issued the license has been designated as a Brady-alternative state pursuant to 18 U.S.C. § 922(t)(3) as determined by the federal bureau of alcohol, tobacco, firearms, and explosives. The department of public safety shall post such information on the department’s internet site.
    Sec. 9.  NEW SECTION.  724.14  Immunity.  

   The sheriff or the commissioner of public safety shall not be liable for damages in any civil action arising from the alleged wrongful issuance, renewal, or failure to revoke a permit to carry weapons provided that the sheriff or the commissioner acted reasonably and in good faith and in accordance with the provisions of this chapter in carrying out the sheriff’s or the commissioner’s official duties.
    Sec. 10.  Section 724.15, subsection 1, Code 2009, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  g.  The person has not been committed to a mental institution for purposes of 18 U.S.C. § 922(g)(4).
   NEW PARAGRAPH.  h.  The person is not subject to a protective order pursuant to 18 U.S.C. § 922(g)(8) and has not been convicted of a misdemeanor crime of domestic violence pursuant to 18 U.S.C. § 922(g)(9). It is the intent of the general assembly that violations of these federal laws be strictly enforced in the courts of this state.
    Sec. 11.  NEW SECTION.  724.21A  Hearing on denial or restriction of permit to carry weapons.  
   1.  In any case where the sheriff or the commissioner of public safety denies an application for a permit to carry weapons or issues a permit with a restriction, the denied applicant or holder of a restricted permit shall have the right to appeal the denial or restriction to an administrative law judge in the department of inspections and appeals within thirty days of receiving written notice of the denial or restriction.
   2.  A denial of an application for a permit to carry weapons or the issuance of a permit with a restriction may be appealed by filing with an administrative law judge a copy of the denial or the restricted permit with a written statement that clearly states the applicant’s reasons rebutting the denial or the restriction along with a fee of ten dollars. Additional supporting information relevant to the application for a permit may also be included.
   3.  The administrative law judge shall grant an aggrieved applicant an opportunity to be heard within forty-five days of receipt of the request for an appeal. The hearing may be held by telephone conference at the discretion of the administrative law judge.
   4.  Upon hearing, the administrative law judge shall order that the denial of the application or restriction of the permit be either rescinded or sustained. An applicant, holder of a restricted permit, or issuing officer aggrieved by the final judgment of the administrative law judge shall have the right to judicial review in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
   5.  The losing party shall be required to pay the prevailing party’s administrative costs incurred in an appeal pursuant to this section.
    Sec. 12.  NEW SECTION.  724.31  Persons subject to mental and substance abuse health-related orders, commitments, or findings

—— disabilities —— restoration of rights —— reports.
   1.  Subsequent to the issuance of a court order listed in subsection 2, a court shall make a finding as to whether the person who is the subject of the order is a person to whom the provisions of 18 U.S.C. § 922(d)(4) or 18 U.S.C. § 922(g)(4) apply, and if so, shall inform the person of the applicable prohibitions and shall order the person not to ship, possess, receive, or transport or cause the transport of firearms or ammunition. The court shall also order the person to make immediate arrangements for the disposition of any firearms or ammunition owned or possessed by the person. If the person is unable to make lawful disposition by other means, the department of public safety may take custody of any firearms or ammunition owned or possessed by the person for such time as the order issued in subsection 2 remains in effect. The clerk of the district court shall forward a copy of the prohibition order to the department of public safety which in turn shall forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
   2.  A court order that does any of the following is subject to this section:
   a.  Orders commitment or treatment pursuant to section 125.84.
   b.  Orders commitment pursuant to section 222.31.
   c.  Orders commitment or treatment pursuant to section 229.14.
   d.  Appoints a guardian or conservator pursuant to section 231E.6.
   e.  Grants a petition filed pursuant to section 597.6.
   f.  Issues an order pursuant to section 633.244.
   g.  Appoints a guardian pursuant to section 633.556.
   h.  Finds a defendant incompetent to stand trial pursuant to section 812.5.
   3.  a.  A person who is the subject of a court order listed in subsection 2 may petition the court that issued the order or the court in the county where the person resides to cancel the order and to restore the person’s right to ship, possess, receive, or transport or cause the transport of firearms or ammunition. A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney’s office of the county in which the original order, commitment, or finding occurred and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner. A court considering a petition under this section shall receive evidence concerning all of the following:
   (1)  The circumstances surrounding the original issuance of the prohibition and disposition order pursuant to subsection 1.
   (2)  The petitioner’s mental health and criminal history.
   (3)  The petitioner’s reputation and character.
   (4)  Any changes in the petitioner’s condition or circumstances since the order of prohibition relevant to the relief sought.
   b.  The court shall grant a petition filed pursuant to paragraph “a” if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief and the review shall be de novo. A person may file a petition for relief under this subsection not more than once every two years.
   c.  If a court issues an order granting a petition for relief under paragraph “b”, the clerk of the district court shall immediately forward a copy of the order to the department of public safety which, upon receipt, shall immediately forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
EXPLANATION
   This bill relates to the issuance of weapons permits.
   The bill provides that a person who is at least 21 and who meets additional eligibility requirements shall be issued, at the discretion of the issuing officer, a nonprofessional permit to carry weapons. The bill provides that persons who have been committed to a mental institution under federal law or persons who are subject to protective orders or who have been convicted of a misdemeanor crime of domestic violence under federal law are all ineligible for a permit to carry weapons and a permit to acquire pistols or revolvers. 
   The bill amends current law relating to a firearms training program. Firearms training program requirements shall be waived for renewal of nonprofessional permits to carry weapons and may be waived for issuance of a nonprofessional permit that is restricted to the carrying of a dangerous weapon other than a firearm. The bill provides that the course of instruction required for a person to apply for a permit to carry weapons shall qualify a person on a firing range and shall be limited to a maximum of six hours. The bill further provides a statewide standard designed to qualify an applicant for a nonprofessional permit to carry weapons shooting on a firing range.
   The bill provides that a qualified firearms safety instructor shall issue a certificate of completion to a person who successfully completes the training program, including the completion of the requirements relating to live fire ammunition testing on a firing range. The bill specifically provides that a person who handles a firearm in a manner that poses a danger to the applicant or others, or who fails to pass the live fire testing portion of the training program shall not be issued a certificate of completion. An applicant for a permit to carry weapons shall not be issued a permit to carry weapons unless the applicant has received a certificate of completion or is a certified peace officer.
   The bill defines a qualified firearms safety instructor as a person who meets any of the following qualifications:
   1. Is certified by the national rifle association as an instructor in any course that provides basic instruction in pistol marksmanship or in the use of pistols or revolvers for personal protection.
   2. Is certified as a firearms safety instructor by a local, state, or federal governmental agency.
   3. Is certified as a firearms safety instructor by successful completion of a course approved by the department of public safety.
   4. Has successfully completed a firearms safety instructor course given by or under the supervision of any state, county, municipal, or federal law enforcement agency.
   5. Is a certified police officer firearms safety instructor.
   6. Is a certified law enforcement academy firearms safety instructor.
   The bill provides that if the sheriff or commissioner restricts or denies an application for a concealed weapons permit, the sheriff or commissioner shall provide a written statement of the reasons for the restriction or denial.
   The bill provides that a person possessing a valid permit to carry weapons issued by the person’s state of residence shall be entitled to the privileges and subject to the restrictions prescribed in Code chapter 724 provided the state that issued the license has been designated as a Brady-alternative state pursuant to 18 U.S.C. § 922(t)(3) as determined by the federal bureau of alcohol, tobacco, firearms, and explosives. The department of public safety shall post such information on the department’s internet site.
   The bill provides that the sheriff or the commissioner of public safety shall not be liable for damages in any civil action arising from the alleged wrongful issuance, renewal, or failure to revoke a permit to carry weapons provided that the sheriff or the commissioner acted reasonably and in good faith and in accordance with provisions of Code chapter 724 in carrying out the sheriff’s or the commissioner’s official duties.
   The bill provides an administrative review procedure for an applicant who has been denied a permit to carry concealed weapons or who has had a restriction placed on the permit. The denied applicant or restricted holder of the permit may file an appeal of the denial to an administrative law judge in the department of inspections and appeals within 30 days of receiving written notice of the denial or restriction. The applicant must then file a copy of the denial or the restricted permit and a written statement that clearly states the applicant’s reasons rebutting the denial or restriction along with a fee of $10. The administrative law judge shall grant an aggrieved applicant an opportunity to be heard within 45 days of receipt of the request for an appeal. An applicant, holder of a restricted permit, or issuing officer aggrieved by the final judgment of the administrative law judge shall have the right to judicial review in accordance with the terms of the Iowa administrative procedure Act, Code chapter 17A. The losing party is required to pay the costs of the appeal.
   The bill provides that subsequent to a court order that orders commitment or treatment pursuant to Code section 125.84 (chemical substance abuse), Code section 222.31 (mental retardation), or Code section 229.14 (mental health), appoints a guardian or conservator pursuant to Code section 231E.6 (appointment of state or local substitute decision maker), grants a petition filed pursuant to Code section 597.6 (conveyance of property due to mental illness), issues an order pursuant to Code section 633.244 (incompetent spouse), appoints a guardian pursuant to Code section 633.556, or finds a defendant incompetent to stand trial pursuant to Code section 812.5, a court shall make a finding as to whether the person who is the subject of the order is subject to a federal firearms prohibition under federal law (18 U.S.C. § 922(d)(4) or (g)(4)), and if so, shall inform the person of the applicable prohibitions and shall order the person not to possess, receive, or transport or cause to transport a firearm or offensive weapon. The court shall also order the person to make immediate arrangements for the disposition of any firearms or ammunition owned or possessed by the person. If the person is unable to make lawful disposition by other means, the department of public safety may take custody of any firearms or ammunition owned or possessed by the person for such time as the order remains in effect. The clerk of the district court shall forward a copy of the order to the department of public safety which in turn shall forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.
   A person who is the subject of any of the underlying orders may petition the court that issued the order or the court in the county where the person resides to cancel the order and to restore the person’s right to ship, possess, receive, or transport or cause the transport of firearms or ammunition. A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney’s office of the county in which the original order, commitment, or finding occurred and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner. The court shall grant a petition if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief and the review shall be de novo. A person may file a petition for relief not more than once every two years. When a court issues an order granting a petition for relief, the clerk of the district court shall immediately forward a copy of the order to the department of public safety which, upon receipt, shall immediately forward a copy of the order to the federal bureau of investigation or its successor agency for inclusion in the national instant criminal background check system database.