House File 2314 - Introduced HOUSE FILE 2314 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2129) A BILL FOR An Act relating to the issuance and verification of, and the 1 transfer of records concerning permits to carry weapons 2 and the confidentiality of such records including the 3 confidentiality of records for such permits and for permits 4 to acquire pistols or revolvers, prohibiting fraudulent 5 transfers of firearms and ammunition, providing for a 6 fee and a penalty, and including effective date and 7 applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 5576HV (2) 86 jm/rj

H.F. 2314 DIVISION I 1 VERIFICATION AND TRAINING 2 Section 1. Section 724.5, Code 2016, is amended to read as 3 follows: 4 724.5 Duty to carry or verify permit to carry weapons. 5 1. A person armed with a revolver, pistol, or pocket billy 6 concealed upon the person shall have in the person’s immediate 7 possession the permit provided for in section 724.4, subsection 8 4 , paragraph “i” , and shall produce the permit for inspection at 9 the request of a peace officer. 10 2. A peace officer shall verify through electronic means, if 11 possible, the validity of the person’s permit to carry weapons. 12 3. Failure to so produce a permit is a simple misdemeanor , 13 punishable as a scheduled violation pursuant to section 805.8C, 14 subsection 11 . 15 Sec. 2. Section 724.7, subsection 1, Code 2016, is amended 16 to read as follows: 17 1. a. Any person who is not disqualified under section 18 724.8 , who satisfies the training requirements of section 19 724.9 , and who files an application in accordance with section 20 724.10 shall be issued a nonprofessional permit to carry 21 weapons. Such permits shall be on a form prescribed and 22 published by the commissioner of public safety, which shall 23 be readily distinguishable from the professional permit, and 24 shall identify the holder of the permit. Such permits shall 25 not be issued for a particular weapon and shall not contain 26 information about a particular weapon including the make, 27 model, or serial number of the weapon or any ammunition used 28 in that weapon. All permits so issued shall be for a period of 29 five years and shall be valid throughout the state except where 30 the possession or carrying of a firearm is prohibited by state 31 or federal law. 32 b. The department of public safety shall issue a more 33 durable copy of the nonprofessional permit to carry weapons to 34 the permit holder as provided in section 724.11B. 35 -1- LSB 5576HV (2) 86 jm/rj 1/ 15

H.F. 2314 Sec. 3. Section 724.9, Code 2016, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 1A. The handgun safety training course 3 required in subsection 1 may be conducted over the internet 4 in a live or web-based format, if completion of the course is 5 verified by the instructor or provider of the course. 6 Sec. 4. Section 724.11, subsections 1 and 3, Code 2016, are 7 amended to read as follows: 8 1. a. Applications for permits to carry weapons shall 9 be made to the sheriff of the county in which the applicant 10 resides. Applications for professional permits to carry 11 weapons for persons who are nonresidents of the state, or whose 12 need to go armed arises out of employment by the state, shall 13 be made to the commissioner of public safety. In either case, 14 the 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 18 1, do not apply to an applicant who is able to demonstrate 19 completion of small arms training as specified in section 20 724.9, subsection 1, paragraph “d” . For all other applicants 21 the training program requirements of section 724.9, subsection 22 1, must be satisfied within the twenty-four-month period prior 23 to the date of the application for the issuance of a permit. 24 b. (1) Prior to issuing a renewal, the sheriff or 25 commissioner shall determine the requirements of sections 26 724.6, 724.7, 724.8, and 724.10 and either of the following, as 27 applicable, have been satisfied: 28 (a) Beginning with the first renewal of a permit issued 29 after the calendar year 2010, and alternating renewals 30 thereafter, if a renewal applicant applies no later than thirty 31 days after expiration of the permit, the training program 32 requirements of section 724.9, subsection 1, do not apply. 33 (b) Beginning with the second renewal of a permit issued 34 after the calendar year 2010, and alternating renewals 35 -2- LSB 5576HV (2) 86 jm/rj 2/ 15

H.F. 2314 thereafter, if a renewal applicant applies no later than thirty 1 days after expiration of the permit, a renewal applicant 2 shall qualify for renewal by taking an online training course 3 certified by the national rifle association or the Iowa law 4 enforcement academy, and the training program requirements of 5 section 724.9, subsection 1, do not apply. 6 (2) If any renewal applicant applies more than thirty days 7 after the expiration of the permit, the permit requirements 8 of paragraph “a” apply to the applicant, and any subsequent 9 renewal of this permit shall be considered a first renewal for 10 purposes of subparagraph (1). However, the training program 11 requirements of section 724.9, subsection 1, do not apply to an 12 applicant who is able to demonstrate completion of small arms 13 training as specified in section 724.9, subsection 1, paragraph 14 “d” . For all other applicants, in lieu of the training program 15 requirements of section 724.9, subsection 1, the renewal 16 applicant may choose to qualify on a firing range under the 17 supervision of an instructor certified by the national rifle 18 association or the department of public safety or another 19 state’s department of public safety, state police department, 20 or similar certifying body. 21 (3) As an alternative to subparagraph (1), and if the 22 requirements of sections 724.6, 724.7, 724.8, and 724.10 have 23 been satisfied, a renewal applicant may choose to qualify, at 24 any renewal, under the training program requirements in section 25 724.9, subsection 1 , shall apply or the renewal applicant may 26 choose to qualify on a firing range under the supervision of 27 an instructor certified by the national rifle association or 28 the department of public safety or another state’s department 29 of public safety, state police department, or similar 30 certifying body. Such training or qualification must occur 31 within the twelve-month twenty-four-month period prior to the 32 expiration of the applicant’s current permit , except that 33 the twenty-four-month time period limitation for training or 34 qualification does not apply to an applicant who is able to 35 -3- LSB 5576HV (2) 86 jm/rj 3/ 15

H.F. 2314 demonstrate completion of small arms training as specified in 1 section 724.9, subsection 1, paragraph “d” . 2 3. The issuing officer shall collect a fee of fifty dollars, 3 except from a duly appointed peace officer or correctional 4 officer, for each permit issued. Renewal permits or duplicate 5 permits shall be issued for a fee of twenty-five dollars, 6 provided the application for such renewal permit is received by 7 the issuing officer at least no later than thirty days prior to 8 after the expiration of the applicant’s current permit. The 9 issuing officer shall notify the commissioner of public safety 10 of the issuance of any permit at least monthly as provided in 11 section 724.11B, and forward to the commissioner an amount 12 equal to ten dollars for each permit issued and five dollars 13 for each renewal or duplicate permit issued. All such fees 14 received by the commissioner shall be paid to the treasurer of 15 state and deposited in the operating account of the department 16 of public safety to offset the cost of administering this 17 chapter . Notwithstanding section 8.33 , any unspent balance as 18 of June 30 of each year shall not revert to the general fund of 19 the state. 20 Sec. 5. NEW SECTION . 724.11B Nonprofessional permit to 21 carry weapons —— durable copy. 22 1. Within fourteen days after the sheriff has issued an 23 initial, renewal, or duplicate nonprofessional permit to 24 carry weapons, the sheriff shall transmit the permit holder’s 25 information to the department of public safety. Within thirty 26 days of the permit holder’s information being transmitted to 27 the department of public safety, the department shall issue 28 a more durable copy of the nonprofessional permit to carry 29 weapons to the permit holder. 30 2. The durable copy of the permit shall have a uniform 31 appearance, size, and content prescribed and published by the 32 commissioner of public safety. The permit shall contain the 33 name of the permit holder and the effective date of the permit, 34 but shall not contain the permit holder’s social security 35 -4- LSB 5576HV (2) 86 jm/rj 4/ 15

H.F. 2314 number or photograph and shall not contain information about a 1 particular weapon or any ammunition as prescribed by section 2 724.7, subsection 1. 3 3. A durable copy of the permit issued pursuant to this 4 section shall be considered a valid permit in addition to 5 the permit issued by the sheriff pursuant to section 724.7, 6 subsection 1. 7 Sec. 6. NEW SECTION . 724.14 Nonprofessional permit —— 8 change of residence to another county. 9 If a permit holder of a nonprofessional permit to carry 10 weapons changes residences from one county to another county 11 after the issuance of the permit, the department of public 12 safety shall by rule specify the procedure to transfer the 13 regulation of the holder’s permit to another sheriff for the 14 purposes of issuing a renewal or duplicate permit, or complying 15 with section 724.13. 16 Sec. 7. Section 805.8C, Code 2016, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 11. Failure to produce permit to carry. For 19 violations of section 724.5, the scheduled fine is ten dollars. 20 DIVISION II 21 CONFIDENTIALITY 22 Sec. 8. Section 724.23, Code 2016, is amended to read as 23 follows: 24 724.23 Records kept by commissioner and issuing officers . 25 1. The commissioner of public safety shall maintain a 26 permanent record of all valid permits to carry weapons and of 27 current permit revocations. 28 2. a. Notwithstanding any other law or rule to the 29 contrary, the commissioner of public safety and any issuing 30 officer shall keep confidential personally identifiable 31 information of applicants and holders of nonprofessional 32 permits to carry weapons and permits to acquire pistols or 33 revolvers, including but not limited to the name, social 34 security number, date of birth, residential or business 35 -5- LSB 5576HV (2) 86 jm/rj 5/ 15

H.F. 2314 address, and driver’s license or other identification number of 1 the applicant or permit holder. 2 b. This subsection shall not prohibit the release of 3 statistical information relating to the issuance, denial, 4 revocation, or administration of nonprofessional permits to 5 carry weapons and permits to acquire pistols or revolvers, 6 provided that the release of such information does not reveal 7 the identity of any applicant or individual permit holder. 8 c. This subsection shall not prohibit the release of 9 information to any law enforcement agency or any employee or 10 agent thereof when necessary for the purpose of investigating 11 a possible violation of law and probable cause exists, or for 12 conducting a lawfully authorized background investigation. 13 d. This subsection shall not prohibit the release of 14 information relating to the validity of a professional permit 15 to carry weapons to an employer who requires an employee or an 16 agent of the employer to possess a professional permit to carry 17 weapons as part of the duties of the employee or agent. 18 e. (1) (a) This subsection shall not prohibit the release 19 of the information described in subparagraph (2) to a member 20 of the public who requests whether another person possesses a 21 professional or nonprofessional permit to carry weapons or a 22 permit to acquire pistols or revolvers. However, information 23 described in subparagraph (2) regarding a person in whose favor 24 either a no-contact order or a protective order, as defined in 25 section 664A.1, has been issued and is still in effect, shall 26 not be released pursuant to this paragraph “e” , if the person 27 presents the order to the department of public safety or the 28 issuing officer. Prior to the release of information described 29 in subparagraph (2), the member of the public requesting the 30 information shall appear in person and provide in writing to 31 the department of public safety or the issuing officer the 32 name of the member of the public, on a form prescribed by the 33 department of public safety. Alternatively, a member of the 34 public may request the information in writing by completing 35 -6- LSB 5576HV (2) 86 jm/rj 6/ 15

H.F. 2314 the form prescribed by the department of public safety and 1 transmitting the form to the department or issuing officer. 2 The request must include the name of the other person and at 3 least one of the following identifiers pertaining to the other 4 person: 5 (i) The date of birth of the person. 6 (ii) The address of the person. 7 (iii) The telephone number of the person, including any 8 landline or wireless numbers. 9 (b) (i) Except as provided in subparagraph subdivision 10 (ii), the department or issuing officer shall keep a record of 11 the person making the request. 12 (ii) If a person in whose favor either a no-contact order 13 or a protective order, as defined in section 664A.1, has 14 been issued and is still in effect, presents the order to 15 the department of public safety or the issuing officer and 16 requests whether another person who is the subject of the order 17 possesses a professional or nonprofessional permit to carry 18 weapons or a permit to acquire pistols or revolvers under this 19 subparagraph (1), the department or issuing officer shall not 20 keep a record of the person making the request or disclose the 21 name of the person making the request. 22 (2) The information released by the department of public 23 safety or issuing officer shall be limited to an acknowledgment 24 as to whether or not the person currently possesses a valid 25 professional or nonprofessional permit to carry weapons or a 26 permit to acquire pistols or revolvers, the date such permit 27 was issued, and whether the person has ever possessed such a 28 permit that has been revoked or has expired and the date the 29 permit was revoked or expired. No other information shall be 30 released under this paragraph “e” . 31 f. Except as provided in paragraphs “b” , “c” , “d” , and “e” , 32 the release of any confidential information under this section 33 shall require a court order or the consent of the person whose 34 personally identifiable information is the subject of the 35 -7- LSB 5576HV (2) 86 jm/rj 7/ 15

H.F. 2314 information request. 1 g. The department of public safety shall, by rule, establish 2 a reasonable fee to cover the costs of complying with the 3 release of information requests pursuant to this subsection. 4 Sec. 9. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 Sec. 10. APPLICABILITY. This division of this Act applies 8 to holders of nonprofessional permits to carry weapons and 9 permits to acquire pistols or revolvers and to applicants for 10 nonprofessional permits to carry weapons and permits to acquire 11 pistols or revolvers on or after the effective date of this 12 division of this Act. 13 DIVISION III 14 FRAUDULENT TRANSFER 15 Sec. 11. NEW SECTION . 724.29A Fraudulent transfer of 16 firearms or ammunition. 17 1. For purposes of this section: 18 a. “Ammunition” means any cartridge, shell, or projectile 19 designed for use in a firearm. 20 b. “Licensed firearms dealer” means a person who is licensed 21 pursuant to 18 U.S.C. §923 to engage in the business of dealing 22 in firearms. 23 c. “Materially false information” means information that 24 portrays an illegal transaction as legal or a legal transaction 25 as illegal. 26 d. “Private seller” means a person who sells or offers for 27 sale any firearm or ammunition. 28 2. A person who knowingly solicits, persuades, encourages, 29 or entices a licensed firearms dealer or private seller of 30 firearms or ammunition to transfer a firearm or ammunition 31 under circumstances that the person knows would violate the 32 laws of this state or of the United States commits a class “D” 33 felony. 34 3. A person who knowingly provides materially false 35 -8- LSB 5576HV (2) 86 jm/rj 8/ 15

H.F. 2314 information to a licensed firearms dealer or private seller of 1 firearms or ammunition with the intent to deceive the firearms 2 dealer or seller about the legality of a transfer of a firearm 3 or ammunition commits a class “D” felony. 4 4. Any person who willfully procures another to engage in 5 conduct prohibited by this section shall be held accountable 6 as a principal. 7 5. This section does not apply to a law enforcement officer 8 acting in the officer’s official capacity or to a person acting 9 at the direction of such law enforcement officer. 10 DIVISION IV 11 RULES 12 Sec. 12. NEW SECTION . 724.32 Rules. 13 The department of public safety shall adopt rules pursuant 14 to chapter 17A to administer this chapter. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the issuance and verification of, and 19 the transfer of records concerning nonprofessional permits 20 to carry weapons and the confidentiality of records for such 21 permits and for permits to acquire pistols or revolvers, and 22 including effective date and applicability provisions. 23 POSSESSION AND VERIFICATION OF PERMIT TO CARRY WEAPONS —— 24 FINE. The bill under Code section 724.5 makes it a simple 25 misdemeanor punishable by a $10 scheduled fine if a person 26 armed with a revolver, pistol, or pocket billy concealed upon 27 the person does not possess the permit to carry weapons in the 28 immediate possession of the person, and fails to produce such 29 permit for inspection upon the request of a peace officer. 30 The bill specifies that a peace officer shall verify through 31 electronic means, if possible, the validity of the person’s 32 permit to carry weapons. Current law provides that if a 33 person commits such a violation the person commits a simple 34 misdemeanor. 35 -9- LSB 5576HV (2) 86 jm/rj 9/ 15

H.F. 2314 DURABLE COPY OF PERMIT. The bill requires that the 1 department of public safety, in addition to the sheriff issuing 2 a nonprofessional permit to carry weapons, issue a durable 3 copy of the nonprofessional permit to carry weapons to the 4 permit holder. The bill provides that within 14 days after 5 the sheriff has issued an initial, renewal, or duplicate 6 permit to carry weapons, the sheriff shall transmit the permit 7 holder’s information to the department of public safety for the 8 department to issue the permit holder a more durable copy of 9 the permit. The bill requires the department of public safety 10 to issue the more durable copy of the permit to the permit 11 holder within 30 days of the permit holder’s information being 12 transmitted to the department. The bill also provides that 13 the durable copy of the permit issued pursuant to the bill 14 shall be considered a valid permit in addition to the permit 15 issued by the sheriff. The bill specifies that the durable 16 copy of the permit shall have a uniform appearance, size, 17 and content prescribed and published by the commissioner of 18 public safety and shall contain the name of the permit holder 19 and the effective date of the permit, but shall not contain 20 the permit holder’s social security number or photograph and 21 shall not contain information about a particular weapon or any 22 ammunition. 23 INTERNET HANDGUN SAFETY TRAINING COURSE. The bill provides 24 in Code section 724.9 that the handgun safety training course 25 required to obtain a permit to carry under Code section 724.11 26 may be conducted over the internet in a live or web-based 27 format, as long as completion of the course is verified by the 28 instructor or provider of the course. 29 ISSUANCE OF PERMIT TO CARRY OR RENEWAL —— TRAINING 30 REQUIREMENTS. Under current law, prior to issuing any renewal 31 of a permit to carry weapons, the sheriff or commissioner under 32 Code section 724.11 shall determine if the requirements of Code 33 sections 724.6, 724.7, 724.8, 724.9, and 724.10 have been met. 34 The bill provides for additional or alternative requirements 35 -10- LSB 5576HV (2) 86 jm/rj 10/ 15

H.F. 2314 under certain circumstances. 1 The bill provides that beginning with the first renewal of 2 a permit issued after the calendar year 2010, and alternating 3 renewals thereafter, if a renewal applicant applies no later 4 than 30 days after expiration of the permit, the training 5 requirements of Code section 724.9(1) do not apply. 6 The bill provides that beginning with the second renewal of 7 a permit issued after the calendar year 2010, and alternating 8 renewals thereafter, if a renewal applicant applies no 9 later than 30 days after expiration of the permit, a renewal 10 applicant shall qualify by taking an online training course 11 certified by the national rifle association or the Iowa law 12 enforcement academy, and the training program requirements of 13 Code section 724.9(1) do not apply. 14 If any renewal applicant applies more than 30 days after 15 the expiration of the permit, the bill specifies the training 16 program requirements in Code section 724.9(1) do apply to the 17 applicant, and any subsequent renewal of this permit shall be 18 considered a first renewal for purposes of determining the 19 training requirements. 20 The bill specifies that the training program requirements 21 in Code section 724.9(1) do not apply to a renewal applicant 22 who is able to demonstrate completion of small arms training 23 (military) as specified in Code section 724.9(1)(d). For all 24 other renewal applicants who have applied more than 30 days 25 after the expiration of the permit, the bill allows, in lieu of 26 the training program requirements in Code section 724.9(1), the 27 renewal applicant to choose to qualify on a firing range under 28 the supervision of an instructor certified by the national 29 rifle association or the department of public safety or another 30 state’s department of public safety, state police department, 31 or similar certifying body. 32 As an alternative, a renewal applicant, under the bill, may 33 choose to qualify at any renewal, under the training program 34 requirements in Code section 724.9(1), or the renewal applicant 35 -11- LSB 5576HV (2) 86 jm/rj 11/ 15

H.F. 2314 may choose to qualify on a firing range under the supervision 1 of an instructor certified by the national rifle association 2 or the department of public safety or another state’s 3 department of public safety, state police department, or 4 similar certifying body. Such training or qualification must 5 occur within the 24-month period prior to the expiration of 6 the applicant’s current permit, except that the 24-month time 7 period limitation to complete the training or qualification 8 does not apply to an applicant who is able to demonstrate 9 completion of small arms training (military) as specified in 10 Code section 724.9(1)(d). 11 RENEWAL FEE. The bill does not increase or decrease the 12 fee for a renewal of a permit to carry weapons but does allow 13 a renewal applicant to pay the $25 renewal application fee if 14 the renewal applicant applies no later than 30 days after such 15 expiration. Current law requires that in order to be assessed 16 the $25 renewal application fee, the renewal applicant must 17 apply at least 30 days prior to the expiration of the permit to 18 carry weapons. 19 TRANSFER OF REGULATION OF PERMIT. The bill specifies that 20 the department of public safety shall by rule specify the 21 procedure to transfer the regulation of a nonprofessional 22 permit holder’s permit to another sheriff for the purposes of 23 issuing a renewal or duplicate permit, or complying with Code 24 section 724.13 relating to permit suspensions and revocations 25 and criminal history background checks, if the permit holder 26 has changed residences from one county to another county since 27 the issuance of the permit. 28 CONFIDENTIALITY. The bill provides in Code section 29 724.23 that, notwithstanding any other law or rule to the 30 contrary, the commissioner of public safety and any issuing 31 officer (county sheriff) shall keep confidential personally 32 identifiable information of applicants and holders of 33 nonprofessional permits to carry weapons and permits to 34 acquire pistols or revolvers. The release of any confidential 35 -12- LSB 5576HV (2) 86 jm/rj 12/ 15

H.F. 2314 information, except as otherwise provided in the bill, requires 1 a court order or the consent of the person whose personally 2 identifiable information is the subject of the information 3 request. 4 EXCEPTIONS TO CONFIDENTIALITY —— RELEASE OF PERMIT 5 INFORMATION. The bill does not prohibit release of statistical 6 information relating to the issuance, denial, revocation, or 7 administration of nonprofessional permits to carry weapons and 8 permits to acquire pistols or revolvers if such information 9 does not reveal the identity of any individual applicant or 10 permit holder, the release of information to a law enforcement 11 agency investigating a violation of law where probable cause 12 exists, the release for purposes of conducting a background 13 check, or the release of information relating to the validity 14 of a professional permit to carry weapons to an employer who 15 requires an employee or an agent of the employer to possess a 16 professional permit to carry weapons as part of the duties of 17 the employee or agent. 18 The bill also permits the release of confidential 19 information to a member of the public, if the person in writing 20 or in person, requests whether another person possesses a 21 professional or nonprofessional permit to carry weapons or a 22 permit to acquire pistols or revolvers. 23 However, information regarding a person in whose favor 24 either a no-contact order or protective order has been issued 25 and is still in effect, shall not be released, if the person 26 presents the order to the department of public safety or 27 issuing officer. 28 Prior to the release of the information under the bill, 29 the member of the public requesting the information must 30 provide the department of public safety or issuing officer 31 with the member’s name in writing and on a form prescribed by 32 the department of public safety even if the person appears in 33 person to request such information. The bill requires the 34 request to include the name of the other person and one of 35 -13- LSB 5576HV (2) 86 jm/rj 13/ 15

H.F. 2314 the following personal identifiers: the date of birth of the 1 person, the address of the person, or the telephone number of 2 the person. The bill requires the department of public safety 3 or issuing officer to keep a record of the person making the 4 request. 5 However, if a person in whose favor either a no-contact 6 order or protective order has been issued and is still in 7 effect, presents the order to the department of public safety 8 or the issuing officer and requests whether another person 9 who is the subject of the order possesses a professional or 10 nonprofessional permit to carry weapons or a permit to acquire 11 pistols or revolvers, the department shall not keep a record 12 of the person making the request or disclose the name of the 13 person making the request. 14 The bill provides that the information released by 15 the department of public safety shall be limited to an 16 acknowledgment as to whether the person possesses a 17 professional or nonprofessional permit to carry weapons or a 18 permit to acquire pistols or revolvers, the date such a permit 19 was issued, and whether the person has ever possessed such a 20 permit that has ever been revoked or has expired and the date 21 the permit was revoked or expired. 22 The bill specifies that the release of any other 23 confidential information shall require a court order or the 24 consent of the person whose personally identifiable information 25 is subject to the request. 26 FEE FOR RELEASE OF PERMIT INFORMATION. The bill provides 27 that the department of public safety shall, by rule, establish 28 a reasonable fee to cover the costs of complying with release 29 of permit information requests. 30 EFFECTIVE DATE AND APPLICABILITY. The portion of the bill 31 relating to confidentiality of permit information takes effect 32 upon enactment and applies to holders of nonprofessional 33 permits to carry weapons and permits to acquire pistols or 34 revolvers and to applicants for nonprofessional permits to 35 -14- LSB 5576HV (2) 86 jm/rj 14/ 15

H.F. 2314 carry weapons and permits to acquire pistols or revolvers on or 1 after the effective date of this portion of the bill. 2 FRAUDULENT TRANSFER OF FIREARMS OR AMMUNITION. The 3 bill creates a new Code section to provide that a person 4 who knowingly solicits, persuades, encourages, or entices 5 a licensed firearms dealer or private seller of firearms 6 or ammunition to transfer a firearm or ammunition under 7 circumstances that the person knows would violate the laws 8 of this state or of the United States commits a class “D” 9 felony. A person who knowingly provides materially false 10 information to a licensed firearms dealer or private seller of 11 firearms or ammunition with the intent to deceive the firearms 12 dealer or seller about the legality of a transfer of a firearm 13 or ammunition commits a class “D” felony. Any person who 14 willfully procures another to engage in conduct prohibited by 15 this new Code section shall be held accountable as a principal. 16 The new Code section does not apply to a law enforcement 17 officer acting in the officer’s official capacity or to a 18 person acting at the direction of such law enforcement officer. 19 RULES. The bill specifies that the department of public 20 safety shall adopt rules to administer Code chapter 724 21 (weapons). 22 -15- LSB 5576HV (2) 86 jm/rj 15/ 15