H.F. _____ Section 1. Section 724.11A, Code 2011, is amended to read 1 as follows: 2 724.11A Recognition. 3 A valid permit or license issued by another state to any 4 nonresident of this state shall be considered to be a valid 5 permit or license to carry weapons issued pursuant to this 6 chapter , except that such permit or license shall not be 7 considered to be a substitute for an annual permit to acquire 8 pistols or revolvers issued pursuant to section 724.15 . 9 Sec. 2. Section 724.16, Code 2011, is amended to read as 10 follows: 11 724.16 Annual permit to acquire required Pistol or revolver 12 —— transfer prohibited. 13 1. Except as otherwise provided in section 724.15, 14 subsection 2 , a person who acquires ownership of a pistol or 15 revolver without a valid annual permit to acquire pistols or 16 revolvers or a person who transfers ownership of a pistol 17 or revolver to a person who does not have in the person’s 18 possession a valid annual permit to acquire pistols or 19 revolvers is guilty of an aggravated misdemeanor. 20 2. A person who transfers ownership of a pistol or revolver 21 to a person that the transferor knows is prohibited by 22 section 724.15 724.26 from acquiring ownership of possessing, 23 receiving, or transporting a pistol or revolver commits a class 24 “D” felony. 25 Sec. 3. Section 724.21A, Code 2011, is amended to read as 26 follows: 27 724.21A Denial, suspension, or revocation of permit to carry 28 weapons or permit to acquire pistols or revolvers . 29 1. In any case where the sheriff or the commissioner of 30 public safety denies an application for or suspends or revokes 31 a permit to carry weapons , or an annual permit to acquire 32 pistols or revolvers, the sheriff or commissioner shall provide 33 a written statement of the reasons for the denial, suspension, 34 or revocation and the applicant or permit holder shall have the 35 -1- LSB 1170YC (4) 84 rh/rj 1/ 4

H.F. _____ right to appeal the denial, suspension, or revocation to an 1 administrative law judge in the department of inspections and 2 appeals within thirty days of receiving written notice of the 3 denial, suspension, or revocation. 4 2. The applicant or permit holder may file an appeal with 5 an administrative law judge by filing a copy of the denial, 6 suspension, or revocation notice with a written statement that 7 clearly states the applicant’s reasons rebutting the denial, 8 suspension, or revocation along with a fee of ten dollars. 9 Additional supporting information relevant to the proceedings 10 may also be included. 11 3. The administrative law judge shall, within forty-five 12 days of receipt of the request for an appeal, set a hearing 13 date. The hearing may be held by telephone or video conference 14 at the discretion of the administrative law judge. The 15 administrative law judge shall receive witness testimony and 16 other evidence relevant to the proceedings at the hearing. The 17 hearing shall be conducted pursuant to chapter 17A . 18 4. Upon conclusion of the hearing, the administrative law 19 judge shall order that the denial, suspension, or revocation 20 of the permit be either rescinded or sustained. An applicant, 21 permit holder, or issuing officer aggrieved by the final 22 judgment of the administrative law judge shall have the right 23 to judicial review in accordance with the terms of the Iowa 24 administrative procedure Act, chapter 17A . 25 5. The standard of review under this section shall be 26 clear and convincing evidence that the issuing officer’s 27 written statement of the reasons for the denial, suspension, or 28 revocation constituted probable cause to deny an application or 29 to suspend or revoke a permit. 30 6. The department of inspections and appeals shall adopt 31 rules pursuant to chapter 17A as necessary to carry out the 32 provisions of this section . 33 7. In any case where the issuing officer denies an 34 application for, or suspends or revokes a permit to carry 35 -2- LSB 1170YC (4) 84 rh/rj 2/ 4

H.F. _____ weapons , or an annual permit to acquire pistols or revolvers 1 solely because of an adverse determination by the national 2 instant criminal background check system, the applicant or 3 permit holder shall not seek relief under this section but 4 may pursue relief of the national instant criminal background 5 check system determination pursuant to Pub. L. No. 103-159, 6 sections 103(f) and (g) and 104 and 28 C.F.R. § 25.10, or other 7 applicable law. The outcome of such proceedings shall be 8 binding on the issuing officer. 9 Sec. 4. Section 724.27, subsection 1, unnumbered paragraph 10 1, Code 2011, is amended to read as follows: 11 The provisions of section sections 724.8 , section 724.15, 12 subsection 1 , and section 724.26 shall not apply to a person 13 who is eligible to have the person’s civil rights regarding 14 firearms restored under section 914.7 if any of the following 15 occur: 16 Sec. 5. REPEAL. Sections 724.15, 724.17, 724.18, 724.19, 17 724.20, and 724.21, Code 2011, are repealed. 18 EXPLANATION 19 This bill eliminates the requirement, pursuant to Code 20 section 724.15, that a person who acquires ownership of a 21 pistol or revolver must apply for and be issued an annual 22 permit to acquire a pistol or revolver unless certain 23 exceptions apply. 24 The bill amends Code section 724.16 relating to penalties 25 for acquiring or transferring ownership of a pistol or revolver 26 without a valid permit and provides that a person who transfers 27 ownership of a pistol or revolver to a person the transferor 28 knows is prohibited from possessing, receiving, or transporting 29 a pistol or revolver under Code section 724.26 is guilty of a 30 class “D” felony punishable by confinement for no more than 31 five years and a fine of between $750 and $7,500. 32 The bill repeals related Code sections relating to 33 permit-to-acquire applications (Code sections 724.17 and 34 724.18) and issuance requirements and procedures (Code sections 35 -3- LSB 1170YC (4) 84 rh/rj 3/ 4

H.F. _____ 724.19, 724.20, and 724.21). The bill makes conforming changes 1 to Code sections 724.11A (recognition of out-of-state permits), 2 724.21A (provisions relating to the denial, suspension, or 3 revocation of permits to acquire), and 724.27 (restoration of 4 citizenship rights to a person convicted of a felony). 5 Current law provides that a person who acquires ownership of 6 a pistol or revolver without a valid annual permit to acquire 7 pistols or revolvers or a person who transfers ownership of 8 a pistol or revolver to a person who does not have in the 9 person’s possession a valid annual permit to acquire pistols 10 or revolvers is guilty of an aggravated misdemeanor, and a 11 person who transfers ownership of a pistol or revolver to a 12 person that the transferor knows is prohibited from acquiring 13 ownership of a pistol or revolver commits a class “D” felony. 14 In addition, current law provides that a person who gives a 15 false name or presents false identification, or otherwise 16 knowingly gives false material information to one from whom the 17 person seeks to acquire a pistol or revolver commits a class 18 “D” felony. 19 -4- LSB 1170YC (4) 84 rh/rj 4/ 4