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 acquire a pistol or revolver.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 724.11A, Code 2011, is amended to read as follows:
   724.11A  Recognition.
   A valid permit or license issued by another state to any nonresident of this state shall be considered to be a valid permit or license to carry weapons issued pursuant to this chapter, except that such permit or license shall not be considered to be a substitute for an annual permit to acquire pistols or revolvers issued pursuant to section 724.15.
   Sec. 2.  Section 724.21A, Code 2011, is amended to read as follows:
   724.21A  Denial, suspension, or revocation of permit to carry weapons or permit to acquire pistols or revolvers.
   1.  In any case where the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons,or an annual permit to acquire pistols or revolvers, the sheriff or commissioner shall provide a written statement of the reasons for the denial, suspension, or revocation and the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation to an administrative law judge in the department of inspections and appeals within thirty days of receiving written notice of the denial, suspension, or revocation.
   2.  The applicant or permit holder may file an appeal with an administrative law judge by filing a copy of the denial, suspension, or revocation notice with a written statement that clearly states the applicant’s reasons rebutting the denial, suspension, or revocation along with a fee of ten dollars. Additional supporting information relevant to the proceedings may also be included. 
   3.  The administrative law judge shall, within forty-five days of receipt of the request for an appeal, set a hearing date. The hearing may be held by telephone or video conference at the discretion of the administrative law judge. The administrative law judge shall receive witness testimony and other evidence relevant to the proceedings at the hearing. The hearing shall be conducted pursuant to chapter 17A.
   4.  Upon conclusion of the hearing, the administrative law judge shall order that the denial, suspension, or revocation of the permit be either rescinded or sustained. An applicant, permit holder, 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 standard of review under this section shall be clear and convincing evidence that the issuing officer’s written statement of the reasons for the denial, suspension, or revocation constituted probable cause to deny an application or to suspend or revoke a permit.
   6.  The department of inspections and appeals shall adopt rules pursuant to chapter 17A as necessary to carry out the provisions of this section.
   7.  In any case where the issuing officer denies an application for, or suspends or revokes a permit to carry weapons,or an annual permit to acquire pistols or revolvers solely because of an adverse determination by the national instant criminal background check system, the applicant or permit holder shall not seek relief under this section but may pursue relief of the national instant criminal background check system determination pursuant toPub. L. No. 103-159, sections 103(f) and(g) and104 and 28 C.F.R. § 25.10, or other applicable law. The outcome of such proceedings shall be binding on the issuing officer.
   Sec. 3.  Section 724.27, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The provisions of section sections 724.8, section 724.15, subsection 1, and section 724.26 shall not apply to a person who is eligible to have the person’s civil rights regarding firearms restored under section 914.7 if any of the following occur:
   Sec. 4.  REPEAL.  Sections 724.15, 724.16, 724.17, 724.18, 724.19, 724.20, and 724.21, Code 2011, are repealed.
EXPLANATION
   This bill eliminates the requirement, pursuant to Code section 724.15, that a person who acquires ownership of a pistol or revolver must apply for and be issued an annual permit to acquire a pistol or revolver unless certain exceptions apply.
   The bill repeals related Code sections relating to permit-to-acquire applications (Code sections 724.17 and 724.18), issuance requirements and procedures (Code sections 724.19, 724.20, and 724.21), and a related transfer of ownership and penalty provision (Code section 724.16). The bill makes conforming changes to Code sections 724.11A (recognition of out-of-state permits), 724.21A (provisions relating to the denial, suspension, or revocation of permits to acquire), and 724.27 (restoration of citizenship rights to a person convicted of a felony).
   Current law provides that a person who acquires ownership of a pistol or revolver without a valid annual permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person’s possession a valid annual permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor, and a person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited from acquiring ownership of a pistol or revolver commits a class “D” felony. In addition, current law provides that a person who gives a false name or presents false identification, or otherwise knowingly gives false material information to one from whom the person seeks to acquire a pistol or revolver commits a class “D” felony.