H.F. 2043 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2016, is amended by striking the paragraph. 2 Sec. 2. NEW SECTION . 724.1A Firearm suppressors —— 3 certification. 4 1. As used in this section, unless the context otherwise 5 requires: 6 a. “Certification” means the participation and assent of 7 the chief law enforcement officer of the jurisdiction where the 8 applicant resides or maintains an address of record, that is 9 necessary under federal law for the approval of an application 10 to make or transfer a firearm suppressor. 11 b. “Chief law enforcement officer” means the county sheriff, 12 chief of police, or the designee of such official, that the 13 federal bureau of alcohol, tobacco, firearms and explosives, 14 or any successor agency, has identified by regulation or has 15 determined is otherwise eligible to provide any required 16 certification for making or transferring a firearm suppressor. 17 c. “Firearm suppressor” means a mechanical device 18 specifically constructed and designed so that when attached to 19 a firearm it silences, muffles, or suppresses the sound when 20 fired and that is considered a “firearm silencer” or “firearm 21 muffler” as defined in 18 U.S.C. §921. 22 2. a. A chief law enforcement officer is not required 23 to make any certification under this section the chief law 24 enforcement officer knows to be false, but the chief law 25 enforcement officer shall not refuse, based on a generalized 26 objection, to issue a certification to make or transfer a 27 firearm suppressor. 28 b. When the certification of the chief law enforcement 29 officer is required by federal law or regulation for making or 30 transferring a firearm suppressor, the chief law enforcement 31 officer shall, within thirty days of receipt of a request for 32 certification, issue such certification if the applicant is 33 not prohibited by law from making or transferring a firearm 34 suppressor or is not the subject of a proceeding that could 35 -1- LSB 5071YH (4) 86 jm/rj 1/ 5

H.F. 2043 result in the applicant being prohibited by law from making 1 or transferring the firearm suppressor. If the chief law 2 enforcement officer does not issue a certification as required 3 by this section, the chief law enforcement officer shall 4 provide the applicant with a written notification of the denial 5 and the reason for the denial. 6 c. A certification that has been approved under this section 7 grants the person the authority to make or transfer a firearm 8 suppressor as provided by state and federal law. 9 3. An applicant whose request for certification is denied 10 may appeal the decision of the chief law enforcement officer 11 to the district court for the county in which the applicant 12 resides or maintains an address of record. The court shall 13 review the decision of the chief law enforcement officer to 14 deny the certification de novo. If the court finds that the 15 applicant is not prohibited by law from making or transferring 16 the firearm suppressor, and is not the subject of a proceeding 17 that could result in such prohibition, or that no substantial 18 evidence supports the decision of the chief law enforcement 19 officer, the court shall order the chief law enforcement 20 officer to issue the certification and award court costs and 21 reasonable attorney fees to the applicant. If the court 22 determines the applicant is not eligible to be issued a 23 certification, the court shall award court costs and reasonable 24 attorney fees to the political subdivision of the state 25 representing the chief law enforcement officer. 26 4. In making a determination about whether to issue a 27 certification under subsection 2, a chief law enforcement 28 officer may conduct a criminal background check, including 29 an inquiry of the national instant criminal background check 30 system maintained by the federal bureau of investigation or 31 any successor agency, but shall only require the applicant to 32 provide as much information as is necessary to identify the 33 applicant for this purpose or to determine the disposition of 34 an arrest or proceeding relevant to the eligibility of the 35 -2- LSB 5071YH (4) 86 jm/rj 2/ 5

H.F. 2043 applicant to lawfully possess or receive a firearm suppressor. 1 A chief law enforcement officer shall not require access to 2 or consent to inspect any private premises as a condition of 3 providing a certification under this section. 4 5. A chief law enforcement officer and employees of the 5 chief law enforcement officer who act in good faith are immune 6 from liability arising from any act or omission in making a 7 certification as required by this section. 8 Sec. 3. NEW SECTION . 724.1B Firearm suppressors —— penalty. 9 1. A person shall not possess a firearm suppressor in this 10 state if such possession is knowingly in violation of federal 11 law. 12 2. A person who possesses a firearm suppressor in violation 13 of subsection 1 commits a class “D” felony. 14 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 15 immediate importance, takes effect upon enactment. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the possession and transferring of 20 firearm suppressors. 21 FIREARM SUPPRESSORS. Current Iowa law provides that a 22 mechanical device specifically constructed and designed so that 23 when attached to a firearm it silences, muffles, or suppresses 24 the sound when fired is an offensive weapon. Under Code 25 section 724.3, any person who knowingly possesses an offensive 26 weapon commits a class “D” felony, punishable by confinement 27 for no more than five years and a fine of at least $750 but not 28 more than $7,500. 29 The bill strikes a provision in Code section 724.1(1)(h) 30 that classifies a firearm suppressor as an offensive weapon. 31 By striking this provision, a firearm suppressor is legal to 32 possess in the state. 33 The bill also creates in new Code section 724.1A, a process 34 whereby a person may apply to the chief law enforcement officer 35 -3- LSB 5071YH (4) 86 jm/rj 3/ 5

H.F. 2043 of the jurisdiction where the person resides or maintains an 1 address of record for a certification to make or transfer a 2 firearm suppressor. The bill defines “firearm suppressor” to 3 mean a mechanical device specifically constructed and designed 4 so that when attached to a firearm it silences, muffles, or 5 suppresses the sound when fired and that is considered a 6 “firearm silencer” or “firearm muffler” as defined in 18 U.S.C. 7 §921. 8 The bill specifies that a chief law enforcement officer 9 shall not refuse to provide certification, based on a 10 generalized objection, to an applicant requesting to make 11 or transfer a firearm suppressor. If a person applies for 12 certification to make or transfer a firearm suppressor with 13 the chief law enforcement officer, the bill requires the chief 14 law enforcement officer to issue the certification within 30 15 days of receiving such an application unless the applicant 16 is prohibited by law from making or transferring a firearm 17 suppressor or the applicant is the subject of a proceeding that 18 could result in the applicant being prohibited by law from 19 making or transferring a firearm suppressor. If the chief 20 law enforcement officer does not issue a certification under 21 the bill, the chief law enforcement officer shall provide the 22 applicant a written notification of the denial and the reason 23 for the denial. If the certification has been approved by the 24 chief law enforcement officer under the bill, the applicant 25 has the authority to make or transfer a firearm suppressor as 26 provided by state and federal law. 27 If the applicant’s request for certification is denied, 28 the bill specifies that the applicant may appeal the decision 29 to the district court for the county in which the applicant 30 resides or maintains an address of record. The bill specifies 31 that the court shall review the decision of the chief law 32 enforcement officer to deny the certification de novo. If the 33 court finds that the applicant is not prohibited by law from 34 making or transferring a firearm suppressor, and is not the 35 -4- LSB 5071YH (4) 86 jm/rj 4/ 5

H.F. 2043 subject of a proceeding that could result in such prohibition, 1 or that no substantial evidence supports the decision of the 2 chief law enforcement officer, the bill requires the court 3 to order the chief law enforcement officer to issue the 4 certification and award court costs and reasonable attorney 5 fees to the applicant. If the court determines the applicant 6 is not eligible to be issued a certification, the bill requires 7 the court to award court costs and reasonable attorney fees to 8 the political subdivision of the state representing the chief 9 law enforcement officer. 10 In making a determination about whether to issue a 11 certification under the bill, a chief law enforcement officer 12 may conduct a criminal background check, but shall only require 13 the applicant to provide as much information as is necessary 14 to identify the applicant for this purpose or to determine 15 the disposition of an arrest or proceeding relevant to the 16 eligibility of the applicant to lawfully make or transfer a 17 firearm suppressor. The bill prohibits a chief law enforcement 18 officer from requiring access to any private premises as a 19 condition of providing a certification under this new Code 20 section. 21 A chief law enforcement officer and employees of the chief 22 law enforcement officer who act in good faith are immune 23 from liability arising from any act or omission in making a 24 certification under the bill. 25 The bill provides that a person commits a class “D” felony if 26 the person possesses a firearm suppressor and such possession 27 is knowingly in violation of federal law. 28 The bill takes effect upon enactment. 29 -5- LSB 5071YH (4) 86 jm/rj 5/ 5