SENATE FILE 457

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1056)

A BILL FOR

An Act relating to the possession and carrying of weapons and persons prohibited from possessing or receiving firearms due to mental health court orders or judgments and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 483A.36, Code 2011, is amended to read as follows:
   483A.36  Manner of conveyance.
   A person, except as permitted by law, shall not have or carry a gun in or on a vehicle on a public highway, unless the gun is taken down or totally contained in a securely fastened case, and its barrels and attached magazines are unloaded.
   Sec. 2.  Section 724.4C, Code 2011, is amended by striking the section and inserting in lieu thereof the following:
   724.4C  Permit to carry —— validity —— intoxication.
   1.  A person, who carries a dangerous weapon of a type or in a manner that requires the person to hold a valid permit to carry weapons under circumstances which give reasonable grounds to believe that the person is intoxicated, is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs.
   2.  The withdrawal of the body substances and the test or tests shall be administered at the written request of a peace officer having reasonable grounds to believe that a person, who carries a dangerous weapon of a type or in a manner that requires a person to hold a valid permit to carry weapons, is intoxicated.
   3.
  a.  The peace officer shall determine which of the three substances, breath, blood, or urine, shall be tested.
   b.  Refusal to submit to a chemical test of urine or breath is deemed a refusal to submit. A refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test.
   c.  If the peace officer fails to offer a test within two hours after a preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a person shall not be required to submit to a test.
   4.  Notwithstanding subsection 3, if the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a blood or urine test shall be required even after another type of test has been administered. Refusal to submit to a chemical test of urine or blood requested under this subsection shall be considered a test refusal.
   5.  If a person refuses to submit to chemical testing, a test shall not be given, and the peace officer who requested such test shall properly document the refusal, and upon such refusal to test, a weapons permit issued under this chapter shall be invalid.
   Sec. 3.  Section 724.9, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Evidence of qualification under this section subsection 1 may be documented by any of the following:
   Sec. 4.  Section 724.9, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  In addition to the firearm safety requirement in subsection 1, an applicant for a new permit to carry weapons shall qualify on a firing range within twelve months prior to the application under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. This subsection shall not apply to renewal applications.
   NEW SUBSECTION.  2B.  Firearm training courses offered through the internet do not satisfy the training requirements set forth in this section.
   Sec. 5.  Section 724.10, subsection 2, Code 2011, is amended to read as follows:
   2.  The issuing officer, upon receipt of an initial a new or renewal application under this section, shall immediately conduct a background 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.
   Sec. 6.  Section 724.11, subsection 1, Code 2011, is amended to read as follows:
   1.  Applications for permits to carry weapons shall be made to the sheriff of the county in which the applicant resides. Applications for professional permits to carry weapons for persons who are nonresidents of the state, or whose need to go armed arises out of employment by the state, shall be made to the commissioner of public safety. In either case, the sheriff or commissioner, before issuing the permit, shall determine that the requirements of sections 724.6 to 724.10 have been satisfied. However, for renewal of a permit the training program requirements in section 724.9, subsection 1, shall apply or the renewal applicant may choose to qualify on a firing range under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. Such training or qualification must occur within the twelve-month period prior to the expiration of the applicant’s current permit.
   Sec. 7.  Section 724.11, subsection 4, Code 2011, is amended to read as follows:
   4.  The sheriff or commissioner of public safety shall approve or deny an initial a new or renewal application submitted under this section within thirty days of receipt of the application. A person whose application for a permit under this chapter is denied may seek review of the denial under section 724.21A. The failure to approve or deny an initial a new or renewal application shall result in a decision of approval.
   Sec. 8.  NEW SECTION.  724.20A  Criminal trespass —— carrying weapons.
   A person who possesses a valid permit to carry weapons who is convicted of a second or subsequent violation of section 716.8 due to the carrying of weapons where prohibited shall be subject to a permit revocation period of one year from the date of the conviction.
   Sec. 9.  Section 724.31, Code 2011, is amended to read as follows:
   724.31  Persons subject to mental and substance abuse health-related orders or commitments —— firearms —— restoration of rights —— reports prohibited from possessing or receiving firearms —— mental health court orders or judgments —— relief from disabilities —— report.
   1.  A court order or judgment referred to in subsection 2 that results in a prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) shall include information informing the person who is the subject of the order or judgment not to ship, possess, receive, or transport or cause the transport of firearms or ammunition. The clerk of the district court shall forward only such information as is necessary to identify a person subject to an order in subsection 2 such order or judgment to the department of public safety, which in turn shall forward the information to the federal bureau of investigation or its successor agency for the sole purpose of inclusion in the national instant criminal background check system database.
   2.  A court order or judgment that does any of the following is subject to this section:
   a.  Orders commitment pursuant to section 125.84.
   b.  Orders commitment pursuant to section 222.31.
   c.  Orders commitment pursuant to section 229.14.
   d.  Finds a defendant incompetent to stand trial pursuant to section 812.5.
   e.  Appoints a guardian or conservator pursuant to section 231E.6.
   f.  Finds a defendant not guilty by reason of insanity pursuant to section 701.4.
   3.
  a.  A person who is the subject of a court order listed in subsection 2 and who has been released from commitment an order or judgment that resulted in a prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) may petition the court that issued the order or the court in the county where the person residesno earlier than two years from the date of the issuance of the order for relief from the disabilities imposed by18 U.S.C. § 922(d)(4) and (g)(4) if all of the following apply:
   (1)  The order or judgment was issued by an Iowa court.
   (2)  The petition for relief from disabilities is filed at least two years after the issuance of the order or judgment that resulted in a prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4).
   b.  A copy of the petition shall also be served on the director of human services and the county attorney at the county attorney’s office of the county in which the original order occurred, and the director or the county attorney may appear, support, object to, and present evidence relevant to the relief sought by the petitioner. A court considering a petition under this section shall receive evidence concerning all of the following:
   (1)  The circumstances surrounding the original issuance of the order in subsection 2 or judgment that resulted in a prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922 (d)(4) and (g)(4).
   (2)  The petitioner’s record, which must include, at a minimum, the petitioner’s mental health and criminal history.
   (3)  The petitioner’s reputation and, developed, at a minimum, through character witness statements, testimony, and other character evidence.
   (4)  Any changes in the petitioner’s condition or circumstances since the issuance of the order in subsection 2or judgment that resulted in a prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) that are relevant to the relief sought.
   b.  c.  The court shall grant a petition filed pursuant to paragraph“a” if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to the public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief and the review shall be de novo. A person may file a petition for relief under this subsection not more than once every two years.
   c.  d.  If a court issues an order granting a petition for relief under paragraph “b” “c”, the clerk of the district court shall immediately forward only such information as is necessary to identify a person granted relief to the department of public safety which, upon receipt, shall immediately forward such information as is necessary to the federal bureau of investigation or its successor agency to update the national instant criminal background check system database with the relief from disabilities.
   Sec. 10.  APPLICABILITY.  The state court administrator shall coordinate with the department of public safety to forward only such information from the judicial branch as is necessary to identify a person subject to an order or judgment specified in section 724.31, subsection 2, for any such order or judgment that was issued prior to January 1, 2011, and which is available electronically in the Iowa court information system. Such information shall be forwarded to the department of public safety, which in turn shall forward the information to the federal bureau of investigation or its successor agency for the sole purpose of inclusion in the national instant criminal background check system database, as soon as practical, but not later than four months after the effective date of this Act. Within five days of completion of the forwarding of information required by this section of this Act, the department of public safety shall give notice to the Iowa Code editor that the requirements of this section of this Act have been fulfilled.
   Sec. 11.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to permits to carry weapons and annual permits to acquire pistols and revolvers.
   The bill provides that a person shall not have or carry a gun in or on a vehicle on a public highway, unless the gun is contained in a securely fastened case, and its barrels and attached magazines are unloaded.
   The bill provides that a person, who carries a dangerous weapon of a type or in a manner that requires the person to hold a valid permit to carry weapons under circumstances which give reasonable grounds to believe that the person is intoxicated, is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs. The withdrawal of the body substances and the test or tests shall be administered at the written request of a peace officer having reasonable grounds to believe that a person, who carries a dangerous weapon of a type or in a manner that requires a person to hold a valid permit to carry weapons, is intoxicated. Refusal to submit to a chemical test of urine or breath is deemed a refusal to submit. A refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test. If the peace officer fails to offer a test within two hours after a preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a person shall not be required to submit to a test. If the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a blood or urine test shall be required even after another type of test has been administered. Refusal to submit to such a chemical test of urine or blood shall be considered a test refusal. If a person refuses to submit to chemical testing, a test shall not be given, and the peace officer who requested such test shall document the refusal, and upon such refusal to test, a weapons permit issued under Code chapter 724 shall be invalid.
   The bill amends current firearm training requirements an applicant for a new permit to carry weapons must satisfy to be issued a permit to carry weapons under Code chapter 724 to include the requirement that such applicant qualify on a firing range within 12 months prior to the application under the supervision of an instructor certified by the national rifle association or the department of public safety or another state’s department of public safety, state police department, or similar certifying body. This requirement applies to only new applicants and not renewal applicants. The bill specifies that internet firearm training courses do not satisfy the firearm training requirements in Code section 724.9.
   The bill provides that a person who possesses a valid permit to carry weapons, and who is convicted of a second or subsequent violation of Code section 716.8 relating to trespass due to the carrying of weapons where prohibited, shall be subject to a permit revocation period of one year from the date of the conviction.
   The bill amends Code section 724.31 relating to prohibiting a person who is subject to a mental or substance abuse related court order or commitment order from shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4) and relating to the restoration of the person’s right to ship, possess, receive, or transport, or cause the transport of firearms or ammunition upon the person’s petition to the court for relief. The bill includes a person who is subject to a guardianship or conservatorship and a criminal defendant found guilty by reason of insanity as persons who are subject to the current prohibition against shipping, possessing, receiving, or transporting or causing the transport of firearms or ammunition pursuant to 18 U.S.C. § 922(d)(4) and (g)(4). The bill further specifies factors required for a petition for relief as well as factors the court may consider in determining whether to grant the requested relief.
   The bill requires the state court administrator to coordinate with the department of public safety to forward only such information from the judicial branch as is necessary to identify a person subject to an order or judgment specified in Code section 724.31, as amended in the bill, for any such order or judgment that was issued prior to January 1, 2011, and which is available electronically in the Iowa court information system. Such information shall be forwarded to the department of public safety, which in turn shall forward the information to the federal bureau of investigation for inclusion in the national instant criminal background check system database. The bill also requires the department of public safety to give notice to the Iowa Code editor that such requirements have been fulfilled.
   The bill takes effect upon enactment.