Senate File 264 - Introduced SENATE FILE 264 BY SORENSON , HAMERLINCK , ANDERSON , CHELGREN , WHITVER , ERNST , and BEHN (COMPANION TO LSB 1783HH BY ALONS) A BILL FOR An Act eliminating the requirement of an annual permit to 1 acquire a pistol or revolver. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1783SS (5) 84 rh/rj

S.F. 264 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 724.21A, Code 2011, is amended to read as 10 follows: 11 724.21A Denial, suspension, or revocation of permit to carry 12 weapons or permit to acquire pistols or revolvers . 13 1. In any case where the sheriff or the commissioner of 14 public safety denies an application for or suspends or revokes 15 a permit to carry weapons , or an annual permit to acquire 16 pistols or revolvers, the sheriff or commissioner shall provide 17 a written statement of the reasons for the denial, suspension, 18 or revocation and the applicant or permit holder shall have the 19 right to appeal the denial, suspension, or revocation to an 20 administrative law judge in the department of inspections and 21 appeals within thirty days of receiving written notice of the 22 denial, suspension, or revocation. 23 2. The applicant or permit holder may file an appeal with 24 an administrative law judge by filing a copy of the denial, 25 suspension, or revocation notice with a written statement that 26 clearly states the applicant’s reasons rebutting the denial, 27 suspension, or revocation along with a fee of ten dollars. 28 Additional supporting information relevant to the proceedings 29 may also be included. 30 3. The administrative law judge shall, within forty-five 31 days of receipt of the request for an appeal, set a hearing 32 date. The hearing may be held by telephone or video conference 33 at the discretion of the administrative law judge. The 34 administrative law judge shall receive witness testimony and 35 -1- LSB 1783SS (5) 84 rh/rj 1/ 3

S.F. 264 other evidence relevant to the proceedings at the hearing. The 1 hearing shall be conducted pursuant to chapter 17A . 2 4. Upon conclusion of the hearing, the administrative law 3 judge shall order that the denial, suspension, or revocation 4 of the permit be either rescinded or sustained. An applicant, 5 permit holder, or issuing officer aggrieved by the final 6 judgment of the administrative law judge shall have the right 7 to judicial review in accordance with the terms of the Iowa 8 administrative procedure Act, chapter 17A . 9 5. The standard of review under this section shall be 10 clear and convincing evidence that the issuing officer’s 11 written statement of the reasons for the denial, suspension, or 12 revocation constituted probable cause to deny an application or 13 to suspend or revoke a permit. 14 6. The department of inspections and appeals shall adopt 15 rules pursuant to chapter 17A as necessary to carry out the 16 provisions of this section . 17 7. In any case where the issuing officer denies an 18 application for, or suspends or revokes a permit to carry 19 weapons , or an annual permit to acquire pistols or revolvers 20 solely because of an adverse determination by the national 21 instant criminal background check system, the applicant or 22 permit holder shall not seek relief under this section but 23 may pursue relief of the national instant criminal background 24 check system determination pursuant to Pub. L. No. 103-159, 25 sections 103(f) and (g) and 104 and 28 C.F.R. § 25.10, or other 26 applicable law. The outcome of such proceedings shall be 27 binding on the issuing officer. 28 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph 29 1, Code 2011, is amended to read as follows: 30 The provisions of section sections 724.8 , section 724.15, 31 subsection 1 , and section 724.26 shall not apply to a person 32 who is eligible to have the person’s civil rights regarding 33 firearms restored under section 914.7 if any of the following 34 occur: 35 -2- LSB 1783SS (5) 84 rh/rj 2/ 3

S.F. 264 Sec. 4. REPEAL. Sections 724.15, 724.16, 724.17, 724.18, 1 724.19, 724.20, and 724.21, Code 2011, are repealed. 2 EXPLANATION 3 This bill eliminates the requirement, pursuant to Code 4 section 724.15, that a person who acquires ownership of a 5 pistol or revolver must apply for and be issued an annual 6 permit to acquire a pistol or revolver unless certain 7 exceptions apply. 8 The bill repeals related Code sections relating to 9 permit-to-acquire applications (Code sections 724.17 and 10 724.18), issuance requirements and procedures (Code sections 11 724.19, 724.20, and 724.21), and a related transfer of 12 ownership and penalty provision (Code section 724.16). The 13 bill makes conforming changes to Code sections 724.11A 14 (recognition of out-of-state permits), 724.21A (provisions 15 relating to the denial, suspension, or revocation of permits to 16 acquire), and 724.27 (restoration of citizenship rights to a 17 person convicted of a felony). 18 Current law provides that a person who acquires ownership of 19 a pistol or revolver without a valid annual permit to acquire 20 pistols or revolvers or a person who transfers ownership of 21 a pistol or revolver to a person who does not have in the 22 person’s possession a valid annual permit to acquire pistols 23 or revolvers is guilty of an aggravated misdemeanor, and a 24 person who transfers ownership of a pistol or revolver to a 25 person that the transferor knows is prohibited from acquiring 26 ownership of a pistol or revolver commits a class “D” felony. 27 In addition, current law provides that a person who gives a 28 false name or presents false identification, or otherwise 29 knowingly gives false material information to one from whom the 30 person seeks to acquire a pistol or revolver commits a class 31 “D” felony. 32 -3- LSB 1783SS (5) 84 rh/rj 3/ 3