House File 527 - Introduced HOUSE FILE 527 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 201) A BILL FOR An Act relating to the manufacture, acquisition, sale, and 1 use of firearms and suppressors, providing penalties, and 2 including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1099HV (5) 86 jm/rj
H.F. 527 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2015, 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 silences, muffles, or suppresses the sound when fired 20 that is considered a “firearm silencer” or “firearm muffler” as 21 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 1099HV (5) 86 jm/rj 1/ 28
H.F. 527 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, or 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 any 31 successor agency, but shall only require the applicant provide 32 as much information as is necessary to identify the applicant 33 for this purpose or to determine the disposition of an arrest 34 or proceeding relevant to the eligibility of the applicant to 35 -2- LSB 1099HV (5) 86 jm/rj 2/ 28
H.F. 527 lawfully possess or receive a firearm suppressor. A chief law 1 enforcement officer shall not require access to or consent to 2 inspect any private premises as a condition of providing a 3 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. Section 724.4, subsection 4, paragraph i, Code 2015, 15 is amended to read as follows: 16 i. (1) A person who has in the person’s immediate 17 possession and who displays to a peace officer on demand a 18 valid permit to carry weapons which has been issued to the 19 person, and whose conduct is within the limits of that permit. 20 A peace officer shall verify through electronic means, if 21 possible, the validity of the person’s permit to carry weapons. 22 (2) A person commits a simple misdemeanor punishable as 23 a scheduled violation pursuant to section 805.8C, subsection 24 11, if the person does not have in the person’s immediate 25 possession a valid permit to carry weapons which has been 26 issued to the person. 27 (3) A Except as provided subparagraph (2), a person shall 28 not be convicted of a violation of this section if the person 29 produces at the person’s trial a permit to carry weapons which 30 was valid at the time of the alleged offense and which would 31 have brought the person’s conduct within this exception if the 32 permit had been produced at the time of the alleged offense. 33 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code 34 2015, is amended to read as follows: 35 -3- LSB 1099HV (5) 86 jm/rj 3/ 28
H.F. 527 a. A person listed under section 724.4, subsection 4 , 1 paragraphs “b” through “f” or “j” , or a certified peace officer 2 as specified in section 724.6, subsection 1 . 3 Sec. 6. Section 724.5, Code 2015, is amended to read as 4 follows: 5 724.5 Duty to carry or verify permit to carry weapons. 6 1. A person armed with a revolver, pistol, or pocket billy 7 concealed upon the person shall have in the person’s immediate 8 possession the permit provided for in section 724.4, subsection 9 4 , paragraph “i” , and shall produce the permit for inspection at 10 the request of a peace officer. 11 2. A peace officer shall verify through electronic means, if 12 possible, the validity of the person’s permit to carry weapons. 13 3. Failure to so produce a permit is a simple misdemeanor , 14 punishable as a scheduled violation pursuant to section 805.8C, 15 subsection 12 . 16 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended 17 to read as follows: 18 1. A person may be issued a permit to carry weapons when 19 the person’s employment in a private investigation business 20 or private security business licensed under chapter 80A , or a 21 person’s employment as a peace officer, correctional officer, 22 security guard, bank messenger or other person transporting 23 property of a value requiring security, or in police work, 24 reasonably justifies that person going armed. The permit shall 25 be on a form prescribed and published by the commissioner of 26 public safety, shall identify the holder, and shall state 27 the nature of the employment requiring the holder to go 28 armed. A permit so issued, other than to a peace officer, 29 shall authorize the person to whom it is issued to go armed 30 anywhere in the state, only while engaged in the employment, 31 and while going to and from the place of the employment. A 32 permit issued to a certified peace officer shall authorize that 33 peace officer to go armed anywhere in the state , including a 34 school as provided in section 724.4B, at all times. Permits 35 -4- LSB 1099HV (5) 86 jm/rj 4/ 28
H.F. 527 shall expire twelve months after the date when issued except 1 that permits issued to peace officers and correctional officers 2 are valid through the officer’s period of employment unless 3 otherwise canceled. When the employment is terminated, the 4 holder of the permit shall surrender it to the issuing officer 5 for cancellation. 6 Sec. 8. Section 724.7, subsection 1, Code 2015, is amended 7 to read as follows: 8 1. Any person who is not disqualified under section 724.8 , 9 who satisfies the training requirements of section 724.9 , if 10 applicable, and who files an application in accordance with 11 section 724.10 shall be issued a nonprofessional permit to 12 carry weapons. Such permits shall be on a form prescribed and 13 published by the commissioner of public safety, which shall 14 be readily distinguishable from the professional permit, and 15 shall identify the holder of the permit. Such permits shall 16 not be issued for a particular weapon and shall not contain 17 information about a particular weapon including the make, 18 model, or serial number of the weapon or any ammunition used 19 in that weapon. All permits so issued shall be for a period of 20 five years and shall be valid throughout the state except where 21 the possession or carrying of a firearm is prohibited by state 22 or federal law. 23 Sec. 9. Section 724.9, Code 2015, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 1A. The handgun safety training course 26 required in subsection 1 may be conducted over the internet 27 in a live or web-based format, if completion of the course is 28 verified by the instructor or provider of the course. 29 Sec. 10. Section 724.11, subsections 1 and 3, Code 2015, are 30 amended to read as follows: 31 1. a. Applications for permits to carry weapons shall 32 be made to the sheriff of the county in which the applicant 33 resides. Applications for professional permits to carry 34 weapons for persons who are nonresidents of the state, or whose 35 -5- LSB 1099HV (5) 86 jm/rj 5/ 28
H.F. 527 need to go armed arises out of employment by the state, shall 1 be made to the commissioner of public safety. In either case, 2 the sheriff or commissioner, before issuing the permit, shall 3 determine that the requirements of sections 724.6 to 724.10 4 have been satisfied. However, for renewal of a permit the 5 training program requirements in section 724.9, subsection 6 1, do not apply to an applicant who is able to demonstrate 7 completion of small arms training as specified in section 8 724.9, subsection 1, paragraph “d” . For all other applicants 9 the training program requirements of section 724.9, subsection 10 1, must be satisfied within the twenty-four-month period prior 11 to the date of the application for the issuance of a permit. 12 b. (1) Prior to issuing a renewal, the sheriff or 13 commissioner shall determine the requirements of sections 14 724.6, 724.7, 724.8, and 724.10 and either of the following, as 15 applicable, have been satisfied: 16 (a) Beginning with the first renewal of a permit issued 17 after the calendar year 2010, and alternating renewals 18 thereafter, if a renewal applicant applies within thirty 19 days prior to the expiration of the permit or within thirty 20 days after expiration of the permit, the training program 21 requirements of section 724.9, subsection 1, do not apply. 22 (b) Beginning with the second renewal of a permit issued 23 after the calendar year 2010, and alternating renewals 24 thereafter, if a renewal applicant applies within thirty 25 days prior to the expiration of the permit or within thirty 26 days after expiration of the permit, a renewal applicant 27 shall qualify for renewal by taking an online training course 28 certified by the national rifle association or the Iowa law 29 enforcement academy, and the training program requirements of 30 section 724.9, subsection 1, do not apply. 31 (2) If any renewal applicant applies more than thirty days 32 after the expiration of the permit, the permit requirements 33 of paragraph “a” apply to the applicant, and any subsequent 34 renewal of this permit shall be considered a first renewal for 35 -6- LSB 1099HV (5) 86 jm/rj 6/ 28
H.F. 527 purposes of subparagraph (1). However, the training program 1 requirements of section 724.9, subsection 1, do not apply to an 2 applicant who is able to demonstrate completion of small arms 3 training as specified in section 724.9, subsection 1, paragraph 4 “d” . For all other applicants, in lieu of the training program 5 requirements of section 724.9, subsection 1, the renewal 6 applicant may choose to qualify on a firing range under the 7 supervision of an instructor certified by the national rifle 8 association or the department of public safety or another 9 state’s department of public safety, state police department, 10 or similar certifying body. 11 (3) As an alternative to subparagraph (1), and if the 12 requirements of sections 724.6, 724.7, 724.8, and 724.10 have 13 been satisfied, a renewal applicant may choose to qualify, at 14 any renewal, under the training program requirements in section 15 724.9, subsection 1 , shall apply or the renewal applicant may 16 choose to qualify on a firing range under the supervision of 17 an instructor certified by the national rifle association or 18 the department of public safety or another state’s department 19 of public safety, state police department, or similar 20 certifying body. Such training or qualification must occur 21 within the twelve-month twenty-four-month period prior to the 22 expiration of the applicant’s current permit , except that 23 the twenty-four-month time period limitation for training or 24 qualification does not apply to an applicant who is able to 25 demonstrate completion of small arms training as specified in 26 section 724.9, subsection 1, paragraph “d” . 27 3. The issuing officer shall collect a fee of fifty dollars, 28 except from a duly appointed peace officer or correctional 29 officer, for each permit issued. Renewal permits or duplicate 30 permits shall be issued for a fee of twenty-five dollars, 31 provided the application for such renewal permit is received by 32 the issuing officer at least within thirty days prior to the 33 expiration of the applicant’s current permit or within thirty 34 days after such expiration . The issuing officer shall notify 35 -7- LSB 1099HV (5) 86 jm/rj 7/ 28
H.F. 527 the commissioner of public safety of the issuance of any permit 1 at least monthly and forward to the commissioner an amount 2 equal to ten dollars for each permit issued and five dollars 3 for each renewal or duplicate permit issued. All such fees 4 received by the commissioner shall be paid to the treasurer of 5 state and deposited in the operating account of the department 6 of public safety to offset the cost of administering this 7 chapter . Notwithstanding section 8.33 , any unspent balance as 8 of June 30 of each year shall not revert to the general fund of 9 the state. 10 Sec. 11. Section 724.11, Code 2015, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 5. The initial or renewal permit shall 13 have a uniform appearance, size, and content prescribed and 14 published by the commissioner of public safety. The permit 15 shall contain the name of the permittee and the effective date 16 of the permit, but shall not contain the permittee’s social 17 security number. Such a permit shall not be issued for a 18 particular weapon and shall not contain information about a 19 particular weapon including the make, model, or serial number 20 of the weapon, or any ammunition used in that weapon. 21 Sec. 12. Section 724.11A, Code 2015, is amended to read as 22 follows: 23 724.11A Recognition. 24 A valid permit or license issued by another state to any 25 nonresident of this state shall be considered to be a valid 26 permit or license to carry weapons issued pursuant to this 27 chapter , except that such permit or license shall not be 28 considered to be a substitute for an annual a permit to acquire 29 pistols or revolvers firearms issued pursuant to section 30 724.15 . 31 Sec. 13. Section 724.15, Code 2015, is amended by striking 32 the section and inserting in lieu thereof the following: 33 724.15 Optional permit to acquire firearms. 34 1. It is the purpose of this section to provide for a permit 35 -8- LSB 1099HV (5) 86 jm/rj 8/ 28
H.F. 527 to acquire firearms that will satisfy the requirements of 18 1 U.S.C. §922(t)(3) to allow the holder of such a permit to 2 acquire firearms from a federally licensed firearms dealer. A 3 person is not required to obtain a permit to acquire firearms 4 under this section if the person possesses a valid permit to 5 carry weapons issued in accordance with this chapter or if the 6 person has otherwise completed a satisfactory national instant 7 criminal background check required pursuant to 18 U.S.C. 8 §922(t). 9 2. A person may obtain a permit to acquire firearms pursuant 10 to this section. However, a permit to acquire firearms 11 shall not be issued to a person who is subject to any of the 12 following: 13 a. Is under twenty-one years of age. 14 b. Is prohibited by section 724.26 or federal law from 15 possessing, shipping, transporting, or receiving a firearm. 16 c. Is prohibited by court order from possessing, shipping, 17 transporting, or receiving a firearm. 18 3. A permit to acquire firearms shall authorize the permit 19 holder to acquire one or more firearms, without limitation, 20 from a federally licensed firearms dealer during the period the 21 permit remains valid pursuant to section 724.20. 22 4. An issuing officer who finds that a person issued 23 a permit to acquire firearms under this chapter has been 24 arrested for a disqualifying offense or who is the subject of 25 proceedings that could lead to the person’s ineligibility for 26 such permit may immediately suspend such permit. An issuing 27 officer proceeding under this subsection shall immediately 28 notify the permit holder of the suspension by personal service 29 or certified mail on a form prescribed and published by the 30 commissioner of public safety and the suspension shall become 31 effective upon the permit holder’s receipt of such notice. If 32 the suspension is based on an arrest or a proceeding that does 33 not result in a disqualifying conviction or finding against 34 the permit holder, the issuing officer shall immediately 35 -9- LSB 1099HV (5) 86 jm/rj 9/ 28
H.F. 527 reinstate the permit upon receipt of proof of the matter’s 1 final disposition. If the arrest leads to a disqualifying 2 conviction or the proceedings to a disqualifying finding, the 3 issuing officer shall revoke the permit. The issuing officer 4 may also revoke the permit of a person whom the issuing officer 5 later finds was not qualified for such a permit at the time of 6 issuance or who the officer finds provided materially false 7 information on the permit application. A person aggrieved by a 8 suspension or revocation under this subsection may seek review 9 of the decision pursuant to section 724.21A. 10 Sec. 14. Section 724.16, Code 2015, is amended by striking 11 the section and inserting in lieu thereof the following: 12 724.16 Prohibited transfers of firearms. 13 1. A person shall not transfer a firearm to another person 14 if the person knows or reasonably should know that the other 15 person is prohibited from receiving or possessing a firearm 16 under section 724.26 or federal law. 17 2. A person shall not loan or rent a firearm to another 18 person for temporary use during lawful activities if the person 19 knows or reasonably should know that the person is prohibited 20 from receiving or possessing a firearm under section 724.26 or 21 federal law. 22 3. A person who transfers, loans, or rents a firearm in 23 violation of this section commits a class “D” felony. 24 Sec. 15. Section 724.17, Code 2015, is amended to read as 25 follows: 26 724.17 Application for annual permit to acquire firearms —— 27 criminal history check required. 28 1. The application for an annual a permit to acquire pistols 29 or revolvers firearms may be made to the sheriff of the county 30 of the applicant’s residence and shall be on a form prescribed 31 and published by the commissioner of public safety. 32 a. The If an applicant is a United States citizen, the 33 application shall require only the full name of the applicant, 34 the driver’s license or nonoperator’s identification card 35 -10- LSB 1099HV (5) 86 jm/rj 10/ 28
H.F. 527 number of the applicant, the residence of the applicant, and 1 the date and place of birth of the applicant. 2 b. If the applicant is not a United States citizen, the 3 application shall, in addition to the information specified in 4 paragraph “a” , require the applicant’s country of citizenship, 5 any alien or admission number issued by the United States 6 immigration and customs enforcement or any successor agency, 7 and, if applicable, the basis for any exception claimed 8 pursuant to 18 U.S.C. §922(y). 9 c. The applicant shall also display an identification card 10 that bears a distinguishing number assigned to the cardholder, 11 the full name, date of birth, sex, residence address, and brief 12 description and colored photograph of the cardholder, or other 13 identification as specified by rule of the department of public 14 safety. 15 2. The sheriff shall conduct a criminal history check 16 concerning each applicant by obtaining criminal history data 17 from the department of public safety which shall include an 18 inquiry of the national instant criminal background check 19 system maintained by the federal bureau of investigation or 20 any successor agency and an immigration alien query through 21 a database maintained by the United States immigration and 22 customs enforcement or any successor agency if the applicant 23 is not a United States citizen . 24 3. A person who makes what the person knows to be a false 25 statement of material fact on an application submitted under 26 this section or who submits what the person knows to be any 27 materially falsified or forged documentation in connection with 28 such an application commits a class “D” felony. 29 Sec. 16. Section 724.18, Code 2015, is amended by striking 30 the section and inserting in lieu thereof the following: 31 724.18 Procedure for making application for permit to acquire 32 firearms. 33 1. A person may personally request the sheriff to mail an 34 application for a permit to acquire firearms, and the sheriff 35 -11- LSB 1099HV (5) 86 jm/rj 11/ 28
H.F. 527 shall immediately forward such application to the person. The 1 person shall personally deliver such a completed application 2 to the sheriff who, upon successful completion of the criminal 3 history check and immigration alien query, if applicable, 4 required pursuant to section 724.17, shall note the period of 5 validity on the application and immediately issue the permit 6 to the applicant. 7 2. For the purposes of this section, the date of application 8 shall be the date on which the sheriff received the completed 9 application. 10 Sec. 17. Section 724.19, Code 2015, is amended to read as 11 follows: 12 724.19 Issuance of annual permit to acquire firearms . 13 The annual permit to acquire pistols or revolvers firearms 14 shall be issued to the applicant immediately upon completion 15 of the application unless the applicant is disqualified under 16 the provisions of section 724.15 and . The permit shall be on a 17 form have a uniform appearance, size, and content prescribed 18 and published by the commissioner of public safety. The permit 19 shall contain the name of the permittee , the residence of the 20 permittee, and the effective date of the permit , but shall 21 not contain the permittee’s social security number . Such a 22 permit shall not be issued for a particular weapon and shall 23 not contain information about a particular weapon including the 24 make, model, or serial number of the weapon, or any ammunition 25 used in that weapon. 26 Sec. 18. Section 724.20, Code 2015, is amended to read as 27 follows: 28 724.20 Validity of annual permit to acquire pistols or 29 revolvers firearms . 30 The permit shall be valid throughout the state and shall 31 be valid three days after the date of application and shall 32 be invalid one year five years after the date of application 33 issuance . 34 Sec. 19. Section 724.21, Code 2015, is amended to read as 35 -12- LSB 1099HV (5) 86 jm/rj 12/ 28
H.F. 527 follows: 1 724.21 Giving false information when acquiring weapon 2 firearms . 3 A person who gives a false name or presents false 4 identification, or otherwise knowingly gives false material 5 information to one from whom the person seeks to acquire a 6 pistol or revolver firearm , commits a class “D” felony. 7 Sec. 20. Section 724.21A, subsections 1 and 7, Code 2015, 8 are amended to read as follows: 9 1. In any case where the sheriff or the commissioner of 10 public safety denies an application for or suspends or revokes 11 a permit to carry weapons or an annual a permit to acquire 12 pistols or revolvers firearms , the sheriff or commissioner 13 shall provide a written statement of the reasons for the 14 denial, suspension, or revocation and the applicant or permit 15 holder shall have the right to appeal the denial, suspension, 16 or revocation to an administrative law judge in the department 17 of inspections and appeals within thirty days of receiving 18 written notice of the denial, suspension, or revocation. 19 7. In any case where the issuing officer denies an 20 application for, or suspends or revokes a permit to carry 21 weapons or an annual a permit to acquire pistols or revolvers 22 firearms solely because of an adverse determination by 23 the national instant criminal background check system, the 24 applicant or permit holder shall not seek relief under this 25 section but may pursue relief of the national instant criminal 26 background check system determination pursuant to Pub. L. No. 27 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, 28 or other applicable law. The outcome of such proceedings shall 29 be binding on the issuing officer. 30 Sec. 21. Section 724.21A, Code 2015, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 8. If an applicant appeals the decision by 33 the sheriff or commissioner to deny an application, or suspend 34 or revoke a permit to carry weapons or a permit to acquire 35 -13- LSB 1099HV (5) 86 jm/rj 13/ 28
H.F. 527 firearms, and it is later determined the applicant is eligible 1 to be issued or possess such a permit, the applicant shall 2 be awarded court costs and reasonable attorney fees. If the 3 decision of the sheriff or commission to deny the application, 4 or suspend or revoke the permit is upheld on appeal, the 5 political subdivision of the state representing the sheriff or 6 the commissioner shall be awarded court costs and reasonable 7 attorney fees. 8 Sec. 22. Section 724.22, subsection 5, Code 2015, is amended 9 to read as follows: 10 5. A parent or guardian or spouse who is twenty-one years of 11 age or older, of a person fourteen years of age but less than 12 below the age of twenty-one may allow the person to possess a 13 pistol or revolver or the ammunition therefor for any lawful 14 purpose while under the direct supervision of the parent or 15 guardian or spouse who is twenty-one years of age or older, or 16 while the person receives instruction in the proper use thereof 17 from an instructor twenty-one years of age or older, with the 18 consent of such parent, guardian or spouse. 19 Sec. 23. Section 724.23, Code 2015, is amended to read as 20 follows: 21 724.23 Records kept by commissioner and issuing officers . 22 1. a. The commissioner of public safety shall maintain a 23 permanent record of all valid permits to carry weapons and of 24 current permit revocations. 25 b. The permanent record shall be kept in a searchable 26 database that is accessible on a statewide basis for the 27 circumstances described in subsection 2, paragraph “b” , “c” , or 28 “d” . 29 2. a. Notwithstanding any other law or rule to the 30 contrary, the commissioner of public safety and any issuing 31 officer shall keep confidential personally identifiable 32 information of holders of nonprofessional permits to carry 33 weapons and permits to acquire firearms, including but not 34 limited to the name, social security number, date of birth, 35 -14- LSB 1099HV (5) 86 jm/rj 14/ 28
H.F. 527 residential or business address, and driver’s license or other 1 identification number of 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 firearms, provided that 6 the release of such information does not reveal the identity of 7 any 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. Except as provided in paragraphs “b” , “c” , and “d” , the 19 release of any confidential information under this section 20 shall require a court order or the consent of the person whose 21 personally identifiable information is the subject of the 22 information request. 23 Sec. 24. Section 724.27, subsection 1, unnumbered paragraph 24 1, Code 2015, is amended to read as follows: 25 The provisions of section 724.8 , section 724.15, subsection 26 1 2 , and section 724.26 shall not apply to a person who is 27 eligible to have the person’s civil rights regarding firearms 28 restored under section 914.7 if any of the following occur: 29 Sec. 25. NEW SECTION . 724.29A Fraudulent purchase of 30 firearms or ammunition. 31 1. For purposes of this section: 32 a. “Ammunition” means any cartridge, shell, or projectile 33 designed for use in a firearm. 34 b. “Licensed firearms dealer” means a person who is licensed 35 -15- LSB 1099HV (5) 86 jm/rj 15/ 28
H.F. 527 pursuant to 18 U.S.C. §923 to engage in the business of dealing 1 in firearms. 2 c. “Materially false information” means information that 3 portrays an illegal transaction as legal or a legal transaction 4 as illegal. 5 d. “Private seller” means a person who sells or offers for 6 sale any firearm or ammunition. 7 2. A person who knowingly solicits, persuades, encourages, 8 or entices a licensed firearms dealer or private seller of 9 firearms or ammunition to transfer a firearm or ammunition 10 under circumstances that the person knows would violate the 11 laws of this state or of the United States commits a class “D” 12 felony. 13 3. A person who knowingly provides materially false 14 information to a licensed firearms dealer or private seller of 15 firearms or ammunition with the intent to deceive the firearms 16 dealer or seller about the legality of a transfer of a firearm 17 or ammunition commits a class “D” felony. 18 4. Any person who willfully procures another to engage in 19 conduct prohibited by this section shall be held accountable 20 as a principal. 21 5. This section does not apply to a law enforcement officer 22 acting in the officer’s official capacity or to a person acting 23 at the direction of such law enforcement officer. 24 Sec. 26. NEW SECTION . 724.32 Rules. 25 The department of public safety shall adopt rules pursuant 26 to chapter 17A to administer this chapter. 27 Sec. 27. Section 805.8C, Code 2015, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 11. Duty to possess permit to carry 30 weapons. For violations of section 724.4, subsection 4, 31 paragraph “i” , subparagraph (2), the scheduled fine is ten 32 dollars. 33 NEW SUBSECTION . 12. Failure to produce permit to carry. For 34 violations of section 724.5, the scheduled fine is ten dollars. 35 -16- LSB 1099HV (5) 86 jm/rj 16/ 28
H.F. 527 Sec. 28. EFFECTIVE UPON ENACTMENT. The following 1 provision or provisions of this Act, being deemed of immediate 2 importance, take effect upon enactment: 3 1. The section of this Act amending section 724.1, 4 subsection 1, paragraph “h”. 5 2. The section of this Act enacting new section 724.1A. 6 3. The section of this Act amending section 724.22. 7 4. The section of this Act amending section 724.23, 8 subsection 2. 9 5. The section of this Act amending section 724.29A. 10 6. The applicability section of this Act. 11 Sec. 29. APPLICABILITY. The section of this Act amending 12 section 724.23 applies to holders of nonprofessional permits to 13 carry weapons and permits to acquire firearms and to applicants 14 for nonprofessional permits to carry weapons and permits to 15 acquire firearms on or after the effective date of that section 16 of this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the manufacture, acquisition, sale, and 21 use of firearms and suppressors. 22 FIREARM SUPPRESSORS. Current Iowa law provides that a 23 mechanical device specifically constructed and designed so that 24 when attached to a firearm it silences, muffles, or suppresses 25 the sound when fired is an offensive weapon. Under Code 26 section 724.3, any person who knowingly possesses an offensive 27 weapon commits a class “D” felony, punishable by confinement 28 for no more than five years and a fine of at least $750 but not 29 more than $7,500. 30 The bill strikes a provision in Code section 724.1(1)(h) 31 that classifies a firearm suppressor as an offensive weapon. 32 By striking this provision, a firearm suppressor is legal 33 to possess in the state. This provision takes effect upon 34 enactment. 35 -17- LSB 1099HV (5) 86 jm/rj 17/ 28
H.F. 527 The bill also creates in new Code section 724.1A, a process 1 whereby a person may apply to the chief law enforcement officer 2 of the jurisdiction where the person resides or maintains an 3 address of record for a certification to make or transfer a 4 firearm suppressor. The bill defines “firearm suppressor” to 5 mean a mechanical device specifically constructed and designed 6 so that when attached to a firearm silences, muffles, or 7 suppresses the sound when fired that is considered a “firearm 8 silencer” or “firearm muffler” as defined in 18 U.S.C. §921. 9 The bill specifies that a chief law enforcement officer 10 shall not refuse to provide certification, based on a 11 generalized objection, to an applicant making or transferring 12 a firearm suppressor. If a person applies for certification 13 to make or transfer a firearm suppressor with the chief 14 law enforcement officer, the bill requires the chief law 15 enforcement officer to issue the certification within 30 16 days of receiving such an application unless the applicant 17 is prohibited by law from making or transferring a firearm 18 suppressor or the applicant is the subject of a proceeding that 19 could result in the applicant being prohibited by law from 20 making or transferring a firearm suppressor. If the chief 21 law enforcement officer does not issue a certification under 22 the bill, the chief law enforcement officer shall provide the 23 applicant a written notification of the denial and the reason 24 for the denial. If the certification has been approved by the 25 chief law enforcement officer under the bill, the applicant 26 has the authority to make or transfer a firearm suppressor as 27 provided by state and federal law. 28 If the applicant’s request for certification is denied, 29 the bill specifies that the applicant may appeal the decision 30 to the district court for the county in which the applicant 31 resides or maintains an address of record. The bill specifies 32 that the court shall review the decision of the chief law 33 enforcement officer to deny the certification de novo. If the 34 court finds that the applicant is not prohibited by law from 35 -18- LSB 1099HV (5) 86 jm/rj 18/ 28
H.F. 527 making or transferring a firearm suppressor, the bill requires 1 the court to order the chief law enforcement officer to issue 2 the certification and award court costs and reasonable attorney 3 fees to the applicant. If the court determines the applicant 4 is not eligible to be issued a certification, the bill requires 5 the court to award court costs and reasonable attorney fees to 6 the political subdivision of the state representing the chief 7 law enforcement officer. 8 In making a determination about whether to issue a 9 certification under the bill, a chief law enforcement officer 10 may conduct a criminal background check, but shall only require 11 the applicant to provide as much information as is necessary 12 to identify the applicant for this purpose or to determine 13 the disposition of an arrest or proceeding relevant to the 14 eligibility of the applicant to lawfully make or transfer a 15 firearm suppressor. The bill prohibits a chief law enforcement 16 officer from requiring access to any private premises as a 17 condition of providing a certification under this Code section. 18 A chief law enforcement officer and employees of the chief 19 law enforcement officer who act in good faith are immune 20 from liability arising from any act or omission in making a 21 certification under the bill. 22 The bill provides that a person commits a class “D” felony if 23 the person possesses a firearm suppressor and such possession 24 is knowingly in violation of federal law. 25 The provisions relating to making or transferring a firearm 26 suppressor take effect upon enactment. 27 CARRYING WEAPONS. The bill provides that a person does not 28 commit the criminal offense of carrying weapons in violation of 29 Code section 724.4 if the person has in the person’s immediate 30 possession and who displays to a peace officer on demand a 31 valid permit to carry weapons which has been issued to the 32 person, and whose conduct is within the limits of that permit. 33 The bill specifies that a peace officer shall verify through 34 electronic means, if possible, the validity of the person’s 35 -19- LSB 1099HV (5) 86 jm/rj 19/ 28
H.F. 527 permit to carry weapons. Current law does not require the 1 permit to be in the person’s immediate possession only that 2 the permit be in the person’s possession. If a person, who 3 possesses a valid permit to carry weapons under the bill, fails 4 to carry such a permit in the immediate possession of the 5 person or fails to display the permit to a peace officer on 6 demand, a person commits a simple misdemeanor punishable by a 7 $10 scheduled fine. 8 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides 9 that a certified peace officer who possesses a professional 10 permit to carry weapons does not commit the criminal violation 11 of unlawfully carrying weapons on school grounds under Code 12 section 724.4B. Under current law, a peace officer while 13 acting within the official duties of the officer may possess a 14 weapon on school grounds. A person who commits the offense of 15 unlawfully carrying weapons on school grounds commits a class 16 “D” felony. 17 DUTY TO POSSESS PERMIT TO CARRY WEAPONS. The bill under 18 Code section 724.5 makes it a simple misdemeanor punishable by 19 a $10 scheduled fine if a person armed with a revolver, pistol, 20 or pocket billy concealed upon the person does not possess 21 the permit to carry weapons in the immediate possession of 22 the person, and fails to produce such permit for inspection 23 upon the request of a peace officer. The bill specifies that 24 a peace officer shall verify through electronic means, if 25 possible, the validity of the person’s permit to carry weapons. 26 Current law provides that if a person commits such a violation 27 the person commits a simple misdemeanor. 28 HANDGUN SAFETY TRAINING COURSE. The bill provides in Code 29 section 724.9 that the handgun safety training course required 30 to obtain a permit to carry under Code section 724.11 may be 31 conducted over the internet in a live or web-based format, as 32 long as completion of the course is verified by the instructor 33 or provider of the course. 34 INITIAL PERMIT TO CARRY WEAPONS —— TRAINING. The bill 35 -20- LSB 1099HV (5) 86 jm/rj 20/ 28
H.F. 527 specifies in Code section 724.11 that the training program 1 requirements in Code section 724.9(1) do not apply to an 2 applicant who is able to demonstrate completion of small 3 arms training as specified in Code section 724.9(1)(d). For 4 all other applicants the training program requirements in 5 Code section 724.9(1) must be satisfied within the 24-month 6 period prior to the date of the application for the issuance 7 of a permit. Current law specifies that the training program 8 requirements under Code section 724.9(1) must be satisfied 9 within the 12-month period prior to the application. A 10 corresponding amendment is made to Code section 724.7. 11 ISSUANCE OF PERMIT TO CARRY OR RENEWAL. Prior to issuing 12 any renewal of a permit to carry weapons, the sheriff or 13 commissioner under Code section 724.11 shall determine if the 14 requirements of Code sections 724.6, 724.7, 724.8, and 724.10 15 have been met. The bill provides for additional requirements 16 under certain circumstances. 17 The bill provides that beginning with the first renewal of 18 a permit issued after the calendar year 2010, and alternating 19 renewals thereafter, if a renewal applicant applies within 30 20 days prior to the expiration of the permit or within 30 days 21 after expiration of the permit, the training requirements of 22 Code section 724.9(1) do not apply. 23 The bill provides that beginning with the second renewal of 24 a permit issued after the calendar year 2010, and alternating 25 renewals thereafter, if a renewal applicant applies within 26 30 days prior to the expiration of the permit or within 30 27 days after expiration of the permit, a renewal applicant shall 28 qualify by taking an online training course certified by the 29 national rifle association or the Iowa law enforcement academy, 30 and the training program requirements of Code section 724.9(1) 31 do not apply. 32 If any renewal applicant applies more than 30 days after 33 the expiration of the permit, the bill specifies the training 34 program requirements in Code section 724.9(1) do apply to the 35 -21- LSB 1099HV (5) 86 jm/rj 21/ 28
H.F. 527 applicant. However, the bill specifies that the training 1 program requirements in Code section 724.9(1) do not apply to 2 a renewal applicant who is able to demonstrate completion of 3 small arms training as specified in Code section 724.9(1)(d). 4 For all other renewal applicants who have applied more than 5 30 days after the expiration of the permit, the bill allows, 6 in lieu of the training program requirements in Code section 7 724.9(1), the renewal applicant to choose to qualify on a 8 firing range under the supervision of an instructor certified 9 by the national rifle association or the department of public 10 safety or another state’s department of public safety, state 11 police department, or similar certifying body. If a renewal 12 applicant applies more than 30 days after the expiration of the 13 permit, the bill specifies that any subsequent renewal shall be 14 considered a first renewal of the permit. 15 As an alternative, a renewal applicant, under the bill, may 16 choose to qualify at any renewal, under the training program 17 requirements in Code section 724.9(1), or the renewal applicant 18 may choose to qualify on a firing range under the supervision 19 of an instructor certified by the national rifle association 20 or the department of public safety or another state’s 21 department of public safety, state police department, or 22 similar certifying body. Such training or qualification must 23 occur within the 24-month period prior to the expiration of 24 the applicant’s current permit, except that the 24-month time 25 period limitation to complete the training or qualification 26 does not apply to an applicant who is able to demonstrate 27 completion of small arms training as specified in Code section 28 724.9(1)(d). 29 The bill specifies that the initial or renewal permit shall 30 have a uniform appearance, size, and content prescribed and 31 published by the commissioner of public safety. The bill 32 further specifies that the permit shall contain the name of 33 the permittee and the effective date of the permit, but shall 34 not contain the permittee’s social security number. The bill 35 -22- LSB 1099HV (5) 86 jm/rj 22/ 28
H.F. 527 prohibits such a permit to be issued for a particular weapon or 1 to contain information about a particular weapon including the 2 make, model, or serial number of the weapon, or any ammunition 3 used in that weapon. 4 The bill does not increase or decrease the fee for a renewal 5 of a permit to carry weapons but does allow a renewal applicant 6 to pay the $25 renewal application fee if the renewal applicant 7 applies within 30 days prior to the expiration of the permit 8 or within 30 days after such expiration. Current law requires 9 that in order to be assessed the $25 renewal application fee, 10 the renewal applicant must apply at least 30 days prior to the 11 expiration of the permit to carry weapons. 12 PROHIBITED TRANSFERS OF FIREARMS. The bill strikes 13 the language of current Code section 724.16, relating to 14 transferring a pistol or revolver to a person without a 15 permit or acquiring a pistol or revolver without a permit and 16 substitutes language prohibiting the transfer of a firearm to 17 another person who does not possess a permit if the person 18 knows or reasonably should know the person is prohibited from 19 receiving or possessing a firearm under Code section 724.26 20 or federal law. The bill also provides that a person shall 21 not loan or rent a firearm to another person for temporary use 22 during lawful activities if the person knows or reasonably 23 should know the person is prohibited from receiving or 24 possessing a firearm under Code section 724.26 or federal 25 law. A person who violates this provision commits a class “D” 26 felony. 27 OPTIONAL PERMITS TO ACQUIRE FIREARMS. Current law provides 28 that any person who intends to purchase a pistol or revolver is 29 required to first obtain an annual permit to acquire pistols or 30 revolvers unless the person is otherwise exempt from obtaining 31 such a permit. The bill in Code section 724.15 eliminates this 32 type of mandatory permit and provides instead for an optional 33 permit to acquire firearms in order to satisfy the requirements 34 of federal law allowing the holder of such a permit to acquire 35 -23- LSB 1099HV (5) 86 jm/rj 23/ 28
H.F. 527 firearms from a federally licensed firearms dealer. A person 1 is not required to obtain a permit to acquire firearms to 2 purchase firearms from a federally licensed firearms dealer if 3 the person possesses a valid permit to carry weapons issued 4 in accordance with Iowa law or if the person has otherwise 5 completed a satisfactory national instant criminal background 6 check required by federal law to purchase firearms from a 7 federally licensed firearms dealer. 8 Under the bill, a person who applies for a permit to acquire 9 firearms is not eligible for the permit if the person is less 10 than 21 years of age or is prohibited by Code section 724.26 11 (felon in possession of a firearm), federal law, or court 12 order from possessing, shipping, transporting, or receiving a 13 firearm. 14 The bill in Code section 724.17 provides that an application 15 for a permit to acquire firearms is made to the sheriff of the 16 county of the applicant’s residence. The photograph submitted 17 by an applicant need not be in color. A person may request 18 the sheriff to mail an application for a permit to acquire 19 firearms under Code section 724.18, and the bill requires the 20 sheriff to immediately forward the application to the person. 21 An applicant who is a United States citizen is only required to 22 provide certain basic identifying documentation. An applicant 23 who is not a United States citizen must provide additional 24 information and is subject to an immigration alien query 25 through a database maintained by the United States immigration 26 and customs enforcement. All applicants are subject to a 27 criminal history background check. Corresponding amendments 28 are made to Code sections 724.11A and 724.21. 29 The permit to acquire firearms is required under Code 30 section 724.19 to be issued to the applicant immediately 31 upon completion of the application unless the applicant is 32 disqualified. The permit shall have a uniform appearance, 33 size, and content, but shall not contain the permittee’s 34 social security number. Such permits shall not be issued for 35 -24- LSB 1099HV (5) 86 jm/rj 24/ 28
H.F. 527 a particular weapon and shall not contain information about a 1 particular weapon including the make, model, or serial number 2 of the weapon, or any ammunition used in that weapon. 3 The bill in Code section 724.15 provides that the permit to 4 acquire firearms may be suspended or revoked by the issuing 5 officer and the aggrieved permit holder may file an appeal with 6 an administrative law judge. 7 Current law in Code section 724.17 provides that a person who 8 makes what the person knows to be a false statement of material 9 fact on an application for a permit to acquire firearms 10 or who submits what the person knows to be any materially 11 falsified or forged documentation in connection with such an 12 application commits a class “D” felony. Under the bill in Code 13 section 724.16 a person who transfers ownership of a firearm 14 to a person that the transferor knows is prohibited under 15 Code section 724.26 (felon in possession of a firearm) from 16 possessing, shipping, transporting, or receiving a firearm 17 commits a class “D” felony. 18 The bill makes a conforming change to Code section 724.27 19 relating to the restoration of firearms rights. 20 ISSUANCE OF OPTIONAL PERMIT TO ACQUIRE AND PERMIT TO 21 ACQUIRE. The bill provides in Code section 724.20 that an 22 optional permit to acquire a firearm shall be valid five years 23 from the date of the issuance of the permit. Current law 24 provides that a permit to acquire is valid three days after 25 the date of the application and becomes invalid one year 26 after the date of the application for the permit to acquire. 27 The bill specifies that the permit to acquire firearms shall 28 have a uniform appearance, size, and content prescribed and 29 published by the commissioner of public safety. The bill 30 further specifies that the permit shall contain the name of 31 the permittee and the effective date of permit, but shall not 32 contain the permittee’s social security number. 33 DENIAL, SUSPENSION, OR REVOCATION —— PERMIT TO CARRY 34 WEAPONS AND PERMIT TO ACQUIRE FIREARMS. If an applicant under 35 -25- LSB 1099HV (5) 86 jm/rj 25/ 28
H.F. 527 Code section 724.21A appeals the decision by the sheriff or 1 commissioner to deny an application, or suspend or revoke a 2 permit to carry weapons or a permit to acquire firearms, and 3 it is later determined the applicant is eligible to be issued 4 or possess such a permit, the bill provides that the applicant 5 shall be awarded court costs and reasonable attorney fees. 6 However, if the decision of the sheriff or commissioner to deny 7 the application, or suspend or revoke the permit is upheld on 8 appeal, the political subdivision of the state representing the 9 sheriff or the commissioner shall be awarded court costs and 10 reasonable attorney fees. 11 POSSESSION OF PISTOL, REVOLVER, OR AMMUNITION BY PERSONS 12 UNDER 14 YEARS OF AGE. Under the bill in Code section 13 724.22(5), a parent or guardian or spouse who is 21 years of 14 age or older, or an instructor 21 years of age or older with 15 the consent of the parent or guardian or spouse, may allow 16 a minor of any age to possess a pistol or revolver or the 17 ammunition therefor, which then may be lawfully used. Current 18 law prohibits a parent or guardian or spouse who is 21 years 19 of age or older from allowing a minor under 14 years of age 20 from possessing a pistol, revolver, or the ammunition. This 21 provision takes effect upon enactment. 22 Except for the circumstances under Code section 724.22(4) 23 (security personnel) or Code section 724.22(5), under current 24 law, a person who sells, loans, gives, or makes available a 25 pistol or revolver or ammunition for a pistol or revolver to a 26 person below the age of 21 commits a serious misdemeanor for a 27 first offense and a class “D” felony for second and subsequent 28 offenses. 29 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS —— 30 CONFIDENTIALITY. Current law requires the commissioner of 31 public safety to maintain a permanent record of all valid 32 permits to carry weapons and of current permit revocations. 33 The bill provides in Code section 724.23 that, 34 notwithstanding any other law or rule to the contrary, the 35 -26- LSB 1099HV (5) 86 jm/rj 26/ 28
H.F. 527 commissioner of public safety and any issuing officer (county 1 sheriff) shall keep confidential personally identifiable 2 information of holders of nonprofessional permits to carry 3 weapons and permits to acquire firearms. The release of any 4 confidential information, except as otherwise provided in the 5 bill, requires a court order or the consent of the person 6 whose personally identifiable information is the subject of 7 the information request. The bill does not prohibit release 8 of statistical information relating to the issuance, denial, 9 revocation, or administration of nonprofessional permits 10 to carry weapons and permits to acquire firearms if such 11 information does not reveal the identity of any individual 12 permit holder, the release of information to a law enforcement 13 agency investigating a violation of law where probable cause 14 exists, the release for purposes of conducting a background 15 check, or the release of information relating to the validity 16 of a professional permit to carry weapons to an employer who 17 requires an employee or an agent of the employer to possess 18 a professional permit to carry weapons as part of the duties 19 of the employee or agent. This provision applies to holders 20 of nonprofessional permits to carry weapons and permits to 21 acquire firearms and to applicants for nonprofessional permits 22 to carry weapons and permits to acquire firearms on or after 23 the effective date of the bill. This provision takes effect 24 upon enactment. 25 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill 26 provides that a person who knowingly solicits, persuades, 27 encourages, or entices a licensed firearms dealer or private 28 seller of firearms or ammunition to transfer a firearm or 29 ammunition under circumstances that the person knows would 30 violate the laws of this state or of the United States commits 31 a class “D” felony. A person who knowingly provides materially 32 false information to a licensed firearms dealer or private 33 seller of firearms or ammunition with the intent to deceive the 34 firearms dealer or seller about the legality of a transfer of a 35 -27- LSB 1099HV (5) 86 jm/rj 27/ 28
H.F. 527 firearm or ammunition commits a class “D” felony. Any person 1 who willfully procures another to engage in conduct prohibited 2 by this Code section shall be held accountable as a principal. 3 The Code section does not apply to a law enforcement officer 4 acting in the officer’s official capacity or to a person acting 5 at the direction of such law enforcement officer. 6 This new Code section takes effect upon enactment. 7 RULES. The bill specifies that the department of public 8 safety shall adopt rules pursuant to Code chapter 17A to 9 administer Code chapter 724. 10 -28- LSB 1099HV (5) 86 jm/rj 28/ 28