HOUSE FILE 2116

BY  ALONS

A BILL FOR

An Act providing for an optional permit to acquire pistols or revolvers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.15, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Any person who desires to acquire ownership of any pistol or revolver shall first
 
shall not be required to obtain an annual permit
 
but may choose to apply for an annual permit. An annual permit shall be issued upon request to any resident of this state unless the person is subject to any of the following:
    Sec. 2.  Section 724.15, subsection 2, Code 2011, is amended by striking the subsection.
    Sec. 3.  Section 724.17, Code 2011, is amended to read as follows:
   724.17  Application for annual permit to acquire —— criminal history check required.
   The
 
If a person chooses to apply for an annual permit to acquire pistols or revolvers pursuant to section 724.15, the application for an annual permit to acquire pistols or revolvers may be made to the sheriff of the county of the applicant’s residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall require only the full name of the applicant, the driver’s license or nonoperator’s identification card number of the applicant, the residence of the applicant, and the date and place of birth of the applicant. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and colored photograph of the cardholder, or other identification as specified by rule of the department of public safety. The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background system maintained by the federal bureau of investigation or any successor agency. A person who makes what the person knows to be a false statement of material fact on an application submitted under this section or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony.
    Sec. 4.  Section 724.18, Code 2011, is amended to read as follows:
   724.18  Procedure for making application for annual permit to acquire.
   A person
 
who chooses to apply for an annual permit to acquire pistols or revolvers may personally request the sheriff to mail an application for an annual
 
the permit to acquire pistols or revolvers, and the sheriff shall immediately forward to such person an application for an annual permit to acquire pistols or revolvers. A person shall upon completion of the application personally deliver such application to the sheriff who shall note the period of validity on the application and shall immediately issue the annual permit to acquire pistols or revolvers to the applicant. For the purposes of this section the date of application shall be the date on which the sheriff received the completed application.
    Sec. 5.  REPEAL.  Section 724.16, Code 2011, is repealed.
EXPLANATION
   Current law requires a person who desires to purchase a pistol or revolver to first obtain an annual permit to acquire a pistol or revolver from the sheriff of the county where the person resides. An applicant who is not otherwise exempt from this requirement must meet certain minimum application requirements and must pass a criminal history background check.
   The bill eliminates the requirement that a person must obtain an annual permit to acquire a pistol or revolver, but instead makes it optional for a person who chooses to apply for such a permit, subject to the same application requirements.
   The bill makes a conforming repeal to Code section 724.16, relating to transfer penalties.