S.F. 457 Section 1. Section 483A.36, Code 2011, is amended to read 1 as follows: 2 483A.36 Manner of conveyance. 3 A person , except as permitted by law, shall not have or carry 4 a gun in or on a vehicle on a public highway, unless the gun is 5 taken down or totally contained in a securely fastened case, 6 and its barrels and attached magazines are unloaded. 7 Sec. 2. Section 724.4C, Code 2011, is amended by striking 8 the section and inserting in lieu thereof the following: 9 724.4C Permit to carry —— validity —— intoxication. 10 1. A person, who carries a dangerous weapon of a type or 11 in a manner that requires the person to hold a valid permit to 12 carry weapons under circumstances which give reasonable grounds 13 to believe that the person is intoxicated, is deemed to have 14 given consent to the withdrawal of specimens of the person’s 15 blood, breath, or urine and to a chemical test or tests of 16 the specimens for the purpose of determining the alcohol 17 concentration or presence of a controlled substance or other 18 drugs. 19 2. The withdrawal of the body substances and the test or 20 tests shall be administered at the written request of a peace 21 officer having reasonable grounds to believe that a person, 22 who carries a dangerous weapon of a type or in a manner that 23 requires a person to hold a valid permit to carry weapons, is 24 intoxicated. 25 3. a. The peace officer shall determine which of the three 26 substances, breath, blood, or urine, shall be tested. 27 b. Refusal to submit to a chemical test of urine or breath 28 is deemed a refusal to submit. A refusal to submit to a 29 chemical test of blood is not deemed a refusal to submit, but 30 in that case, the peace officer shall then determine which one 31 of the other two substances shall be tested and shall offer the 32 test. 33 c. If the peace officer fails to offer a test within two 34 hours after a preliminary screening test is administered or 35 -1- LSB 1849SV (6) 84 rh/rj 1/ 9

S.F. 457 refused or the arrest is made, whichever occurs first, a person 1 shall not be required to submit to a test. 2 4. Notwithstanding subsection 3, if the peace officer has 3 reasonable grounds to believe that the person was under the 4 influence of a controlled substance, a drug other than alcohol, 5 or a combination of alcohol and another drug, a blood or urine 6 test shall be required even after another type of test has been 7 administered. Refusal to submit to a chemical test of urine 8 or blood requested under this subsection shall be considered a 9 test refusal. 10 5. If a person refuses to submit to chemical testing, a test 11 shall not be given, and the peace officer who requested such 12 test shall properly document the refusal, and upon such refusal 13 to test, a weapons permit issued under this chapter shall be 14 invalid. 15 Sec. 3. Section 724.9, subsection 2, unnumbered paragraph 16 1, Code 2011, is amended to read as follows: 17 Evidence of qualification under this section subsection 1 18 may be documented by any of the following: 19 Sec. 4. Section 724.9, Code 2011, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 2A. In addition to the firearm safety 22 requirement in subsection 1, an applicant for a new permit to 23 carry weapons shall qualify on a firing range within twelve 24 months prior to the application under the supervision of an 25 instructor certified by the national rifle association or the 26 department of public safety or another state’s department of 27 public safety, state police department, or similar certifying 28 body. This subsection shall not apply to renewal applications. 29 NEW SUBSECTION . 2B. Firearm training courses offered 30 through the internet do not satisfy the training requirements 31 set forth in this section. 32 Sec. 5. Section 724.10, subsection 2, Code 2011, is amended 33 to read as follows: 34 2. The issuing officer, upon receipt of an initial a new 35 -2- LSB 1849SV (6) 84 rh/rj 2/ 9

S.F. 457 or renewal application under this section , shall immediately 1 conduct a background check concerning each applicant by 2 obtaining criminal history data from the department of public 3 safety which shall include an inquiry of the national instant 4 criminal background system maintained by the federal bureau of 5 investigation or any successor agency. 6 Sec. 6. Section 724.11, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. Applications for permits to carry weapons shall be made 9 to the sheriff of the county in which the applicant resides. 10 Applications for professional permits to carry weapons for 11 persons who are nonresidents of the state, or whose need to 12 go armed arises out of employment by the state, shall be made 13 to the commissioner of public safety. In either case, the 14 sheriff or commissioner, before issuing the permit, shall 15 determine that the requirements of sections 724.6 to 724.10 16 have been satisfied. However, for renewal of a permit the 17 training program requirements in section 724.9, subsection 1, 18 shall apply or the renewal applicant may choose to qualify on a 19 firing range under the supervision of an instructor certified 20 by the national rifle association or the department of public 21 safety or another state’s department of public safety, state 22 police department, or similar certifying body. Such training 23 or qualification must occur within the twelve-month period 24 prior to the expiration of the applicant’s current permit. 25 Sec. 7. Section 724.11, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. The sheriff or commissioner of public safety shall 28 approve or deny an initial a new or renewal application 29 submitted under this section within thirty days of receipt of 30 the application. A person whose application for a permit under 31 this chapter is denied may seek review of the denial under 32 section 724.21A . The failure to approve or deny an initial 33 a new or renewal application shall result in a decision of 34 approval. 35 -3- LSB 1849SV (6) 84 rh/rj 3/ 9

S.F. 457 Sec. 8. NEW SECTION . 724.20A Criminal trespass —— carrying 1 weapons. 2 A person who possesses a valid permit to carry weapons who 3 is convicted of a second or subsequent violation of section 4 716.8 due to the carrying of weapons where prohibited shall be 5 subject to a permit revocation period of one year from the date 6 of the conviction. 7 Sec. 9. Section 724.31, Code 2011, is amended to read as 8 follows: 9 724.31 Persons subject to mental and substance abuse 10 health-related orders or commitments —— firearms —— restoration 11 of rights —— reports prohibited from possessing or receiving 12 firearms —— mental health court orders or judgments —— relief 13 from disabilities —— report . 14 1. A court order or judgment referred to in subsection 2 15 that results in a prohibition against shipping, possessing, 16 receiving, or transporting or causing the transport of firearms 17 or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) 18 shall include information informing the person who is the 19 subject of the order or judgment not to ship, possess, receive, 20 or transport or cause the transport of firearms or ammunition. 21 The clerk of the district court shall forward only such 22 information as is necessary to identify a person subject to an 23 order in subsection 2 such order or judgment to the department 24 of public safety, which in turn shall forward the information 25 to the federal bureau of investigation or its successor agency 26 for the sole purpose of inclusion in the national instant 27 criminal background check system database. 28 2. A court order or judgment that does any of the following 29 is subject to this section : 30 a. Orders commitment pursuant to section 125.84 . 31 b. Orders commitment pursuant to section 222.31 . 32 c. Orders commitment pursuant to section 229.14 . 33 d. Finds a defendant incompetent to stand trial pursuant to 34 section 812.5 . 35 -4- LSB 1849SV (6) 84 rh/rj 4/ 9

S.F. 457 e. Appoints a guardian or conservator pursuant to section 1 231E.6. 2 f. Finds a defendant not guilty by reason of insanity 3 pursuant to section 701.4. 4 3. a. A person who is the subject of a court order listed 5 in subsection 2 and who has been released from commitment 6 an order or judgment that resulted in a prohibition against 7 shipping, possessing, receiving, or transporting or causing 8 the transport of firearms or ammunition pursuant to 18 U.S.C. 9 § 922(d)(4) and (g)(4) may petition the court that issued the 10 order or the court in the county where the person resides no 11 earlier than two years from the date of the issuance of the 12 order for relief from the disabilities imposed by 18 U.S.C. § 13 922(d)(4) and (g)(4) if all of the following apply: 14 (1) The order or judgment was issued by an Iowa court . 15 (2) The petition for relief from disabilities is filed at 16 least two years after the issuance of the order or judgment 17 that resulted in a prohibition against shipping, possessing, 18 receiving, or transporting or causing the transport of firearms 19 or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4). 20 b. A copy of the petition shall also be served on the 21 director of human services and the county attorney at the 22 county attorney’s office of the county in which the original 23 order occurred, and the director or the county attorney may 24 appear, support, object to, and present evidence relevant to 25 the relief sought by the petitioner. A court considering a 26 petition under this section shall receive evidence concerning 27 all of the following: 28 (1) The circumstances surrounding the original issuance 29 of the order in subsection 2 or judgment that resulted in 30 a prohibition against shipping, possessing, receiving, or 31 transporting or causing the transport of firearms or ammunition 32 pursuant to 18 U.S.C. § 922 (d)(4) and (g)(4) . 33 (2) The petitioner’s record, which must include, at a 34 minimum, the petitioner’s mental health and criminal history. 35 -5- LSB 1849SV (6) 84 rh/rj 5/ 9

S.F. 457 (3) The petitioner’s reputation and , developed, at a 1 minimum, through character witness statements, testimony, and 2 other character evidence . 3 (4) Any changes in the petitioner’s condition or 4 circumstances since the issuance of the order in subsection 5 2 or judgment that resulted in a prohibition against shipping, 6 possessing, receiving, or transporting or causing the transport 7 of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and 8 (g)(4) that are relevant to the relief sought. 9 b. c. The court shall grant a petition filed pursuant to 10 paragraph “a” if the court finds by a preponderance of the 11 evidence that the petitioner will not be likely to act in a 12 manner dangerous to the public safety and that the granting 13 of the relief would not be contrary to the public interest. 14 The petitioner may appeal a denial of the requested relief and 15 the review shall be de novo. A person may file a petition 16 for relief under this subsection not more than once every two 17 years. 18 c. d. If a court issues an order granting a petition for 19 relief under paragraph “b” “c” , the clerk of the district 20 court shall immediately forward only such information as is 21 necessary to identify a person granted relief to the department 22 of public safety which, upon receipt, shall immediately forward 23 such information as is necessary to the federal bureau of 24 investigation or its successor agency to update the national 25 instant criminal background check system database with the 26 relief from disabilities. 27 Sec. 10. APPLICABILITY. The state court administrator 28 shall coordinate with the department of public safety to 29 forward only such information from the judicial branch as 30 is necessary to identify a person subject to an order or 31 judgment specified in section 724.31, subsection 2, for any 32 such order or judgment that was issued prior to January 1, 33 2011, and which is available electronically in the Iowa court 34 information system. Such information shall be forwarded to 35 -6- LSB 1849SV (6) 84 rh/rj 6/ 9

S.F. 457 the department of public safety, which in turn shall forward 1 the information to the federal bureau of investigation or its 2 successor agency for the sole purpose of inclusion in the 3 national instant criminal background check system database, as 4 soon as practical, but not later than four months after the 5 effective date of this Act. Within five days of completion of 6 the forwarding of information required by this section of this 7 Act, the department of public safety shall give notice to the 8 Iowa Code editor that the requirements of this section of this 9 Act have been fulfilled. 10 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 11 immediate importance, takes effect upon enactment. 12 EXPLANATION 13 This bill relates to permits to carry weapons and annual 14 permits to acquire pistols and revolvers. 15 The bill provides that a person shall not have or carry a 16 gun in or on a vehicle on a public highway, unless the gun is 17 contained in a securely fastened case, and its barrels and 18 attached magazines are unloaded. 19 The bill provides that a person, who carries a dangerous 20 weapon of a type or in a manner that requires the person to hold 21 a valid permit to carry weapons under circumstances which give 22 reasonable grounds to believe that the person is intoxicated, 23 is deemed to have given consent to the withdrawal of specimens 24 of the person’s blood, breath, or urine and to a chemical test 25 or tests of the specimens for the purpose of determining the 26 alcohol concentration or presence of a controlled substance or 27 other drugs. The withdrawal of the body substances and the 28 test or tests shall be administered at the written request of 29 a peace officer having reasonable grounds to believe that a 30 person, who carries a dangerous weapon of a type or in a manner 31 that requires a person to hold a valid permit to carry weapons, 32 is intoxicated. Refusal to submit to a chemical test of urine 33 or breath is deemed a refusal to submit. A refusal to submit 34 to a chemical test of blood is not deemed a refusal to submit, 35 -7- LSB 1849SV (6) 84 rh/rj 7/ 9

S.F. 457 but in that case, the peace officer shall then determine which 1 one of the other two substances shall be tested and shall offer 2 the test. If the peace officer fails to offer a test within 3 two hours after a preliminary screening test is administered or 4 refused or the arrest is made, whichever occurs first, a person 5 shall not be required to submit to a test. If the peace officer 6 has reasonable grounds to believe that the person was under the 7 influence of a controlled substance, a drug other than alcohol, 8 or a combination of alcohol and another drug, a blood or urine 9 test shall be required even after another type of test has 10 been administered. Refusal to submit to such a chemical test 11 of urine or blood shall be considered a test refusal. If a 12 person refuses to submit to chemical testing, a test shall not 13 be given, and the peace officer who requested such test shall 14 document the refusal, and upon such refusal to test, a weapons 15 permit issued under Code chapter 724 shall be invalid. 16 The bill amends current firearm training requirements an 17 applicant for a new permit to carry weapons must satisfy to 18 be issued a permit to carry weapons under Code chapter 724 19 to include the requirement that such applicant qualify on a 20 firing range within 12 months prior to the application under 21 the supervision of an instructor certified by the national 22 rifle association or the department of public safety or another 23 state’s department of public safety, state police department, 24 or similar certifying body. This requirement applies to only 25 new applicants and not renewal applicants. The bill specifies 26 that internet firearm training courses do not satisfy the 27 firearm training requirements in Code section 724.9. 28 The bill provides that a person who possesses a valid 29 permit to carry weapons, and who is convicted of a second or 30 subsequent violation of Code section 716.8 relating to trespass 31 due to the carrying of weapons where prohibited, shall be 32 subject to a permit revocation period of one year from the date 33 of the conviction. 34 The bill amends Code section 724.31 relating to prohibiting 35 -8- LSB 1849SV (6) 84 rh/rj 8/ 9

S.F. 457 a person who is subject to a mental or substance abuse related 1 court order or commitment order from shipping, possessing, 2 receiving, or transporting or causing the transport of firearms 3 or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) and 4 relating to the restoration of the person’s right to ship, 5 possess, receive, or transport, or cause the transport of 6 firearms or ammunition upon the person’s petition to the court 7 for relief. The bill includes a person who is subject to a 8 guardianship or conservatorship and a criminal defendant found 9 guilty by reason of insanity as persons who are subject to the 10 current prohibition against shipping, possessing, receiving, or 11 transporting or causing the transport of firearms or ammunition 12 pursuant to 18 U.S.C. § 922(d)(4) and (g)(4). The bill further 13 specifies factors required for a petition for relief as well as 14 factors the court may consider in determining whether to grant 15 the requested relief. 16 The bill requires the state court administrator to 17 coordinate with the department of public safety to forward only 18 such information from the judicial branch as is necessary to 19 identify a person subject to an order or judgment specified 20 in Code section 724.31, as amended in the bill, for any such 21 order or judgment that was issued prior to January 1, 2011, and 22 which is available electronically in the Iowa court information 23 system. Such information shall be forwarded to the department 24 of public safety, which in turn shall forward the information 25 to the federal bureau of investigation for inclusion in the 26 national instant criminal background check system database. 27 The bill also requires the department of public safety to give 28 notice to the Iowa Code editor that such requirements have been 29 fulfilled. 30 The bill takes effect upon enactment. 31 -9- LSB 1849SV (6) 84 rh/rj 9/ 9