Senate File 2179 - Introduced SENATE FILE 2179 BY BOLKCOM A BILL FOR An Act relating to the sale or transfer of firearms, providing 1 penalties, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5913XS (1) 85 rh/rj
S.F. 2179 Section 1. NEW SECTION . 724.32 Sale or transfer of firearms 1 —— criminal history background check. 2 1. A person shall not sell or transfer a firearm to another 3 person without receiving verification from a federally licensed 4 firearms dealer that information on the prospective purchaser 5 or transferee has been submitted to the department of public 6 safety for a criminal history background check and that a 7 determination has been received by the department of public 8 safety that the prospective purchaser or transferee is not 9 prohibited under either state or federal law from possessing a 10 firearm. A criminal history background check conducted under 11 this section shall include an inquiry of the national instant 12 criminal background check system maintained by the federal 13 bureau of investigation. 14 2. A person who sells or transfers a firearm in violation of 15 this section is guilty of an aggravated misdemeanor. 16 3. A federally licensed firearms dealer may charge and 17 collect fees for obtaining criminal history record information 18 checks on behalf of sellers or transferors. 19 4. The department of public safety shall adopt rules 20 pursuant to chapter 17A as necessary to carry out the 21 provisions of this section. 22 Sec. 2. APPLICABILITY. This Act applies to the sale or 23 transfer of firearms on or after July 1, 2014. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the sale or transfer of firearms, 28 provides penalties, and includes applicability provisions. 29 The bill prohibits a person from selling or transferring a 30 firearm to another person without receiving verification from 31 a federally licensed firearms dealer that information on the 32 prospective purchaser or transferee has been submitted to the 33 department of public safety for a criminal history background 34 check and that a determination has been received by the 35 -1- LSB 5913XS (1) 85 rh/rj 1/ 2
S.F. 2179 department of public safety that the prospective purchaser or 1 transferee is not prohibited under either state or federal law 2 from possessing a firearm. A criminal history background check 3 under the bill includes an inquiry of the national instant 4 criminal background check system maintained by the federal 5 bureau of investigation. 6 The bill provides that a person who sells or transfers a 7 firearm in violation of this Code section is guilty of an 8 aggravated misdemeanor, punishable by confinement for no more 9 than two years and a fine of at least $625 but not more than 10 $6,250. 11 The bill provides that a federally licensed firearms dealer 12 may charge and collect fees for obtaining criminal history 13 record information checks on behalf of sellers and transferors 14 and the department of public safety shall adopt rules pursuant 15 to Code chapter 17A as necessary to carry out the provisions 16 of the bill. 17 The bill applies to the sale or transfer of firearms on or 18 after July 1, 2014. 19 -2- LSB 5913XS (1) 85 rh/rj 2/ 2