Senate Study Bill 1251 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the possession, manufacture, acquisition, 1 and sale of firearms and suppressors, providing penalties, 2 and including effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1099XC (10) 86 jm/rj

S.F. _____ 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 1099XC (10) 86 jm/rj 1/ 30

S.F. _____ 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 3. An applicant whose request for certification is denied 7 may appeal the decision of the chief law enforcement officer 8 to the district court for the county in which the applicant 9 resides or maintains an address of record. The court shall 10 review the decision of the chief law enforcement officer to 11 deny the certification de novo. If the court finds that the 12 applicant is not prohibited by law from making or transferring 13 the firearm suppressor, or is not the subject of a proceeding 14 that could result in such prohibition, or that no substantial 15 evidence supports the decision of the chief law enforcement 16 officer, the court shall order the chief law enforcement 17 officer to issue the certification and award court costs and 18 reasonable attorney fees to the applicant. If the court 19 determines the applicant is not eligible to be issued a 20 certification, the court shall award court costs and reasonable 21 attorney fees to the political subdivision of the state 22 representing the chief law enforcement officer. 23 4. In making a determination about whether to issue a 24 certification under subsection 2, a chief law enforcement 25 officer may conduct a criminal background check, but shall 26 only require the applicant provide as much information as is 27 necessary to identify the applicant for this purpose or to 28 determine the disposition of an arrest or proceeding relevant 29 to the eligibility of the applicant to lawfully possess or 30 receive a firearm suppressor. A chief law enforcement officer 31 shall not require access to or consent to inspect any private 32 premises as a condition of providing a certification under this 33 section. 34 5. A chief law enforcement officer and employees of the 35 -2- LSB 1099XC (10) 86 jm/rj 2/ 30

S.F. _____ chief law enforcement officer who act in good faith are immune 1 from liability arising from any act or omission in making a 2 certification as required by this section. 3 Sec. 3. NEW SECTION . 724.1B Firearm suppressors —— penalty. 4 1. A person shall not possess a firearm suppressor in this 5 state unless authorized by federal law. 6 2. A person who possesses a firearm suppressor in violation 7 of subsection 1 commits a class “D” felony. 8 Sec. 4. Section 724.4, subsection 4, paragraph i, Code 2015, 9 is amended to read as follows: 10 i. (1) A person who has in the person’s immediate 11 possession and who displays to a peace officer on demand a 12 valid permit to carry weapons which has been issued to the 13 person, and whose conduct is within the limits of that permit. 14 A peace officer shall verify through electronic means, if 15 possible, the validity of the person’s permit to carry weapons. 16 (2) A person commits a simple misdemeanor punishable as 17 a scheduled violation pursuant to section 805.8C, subsection 18 11, if the person does not have in the person’s immediate 19 possession a valid permit to carry weapons which has been 20 issued to the person. 21 (3) A Except as provided subparagraph (2), a person shall 22 not be convicted of a violation of this section if the person 23 produces at the person’s trial a permit to carry weapons which 24 was valid at the time of the alleged offense and which would 25 have brought the person’s conduct within this exception if the 26 permit had been produced at the time of the alleged offense. 27 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code 28 2015, is amended to read as follows: 29 a. A person listed under section 724.4, subsection 4 , 30 paragraphs “b” through “f” or “j” , or a certified peace officer 31 as specified in section 724.6, subsection 1 . 32 Sec. 6. Section 724.5, Code 2015, is amended to read as 33 follows: 34 724.5 Duty to carry or verify permit to carry weapons. 35 -3- LSB 1099XC (10) 86 jm/rj 3/ 30

S.F. _____ 1. A person armed with a revolver, pistol, or pocket billy 1 concealed upon the person shall have in the person’s immediate 2 possession the permit provided for in section 724.4, subsection 3 4 , paragraph “i” , and shall produce the permit for inspection at 4 the request of a peace officer. 5 2. A peace officer shall verify through electronic means, if 6 possible, the validity of the person’s permit to carry weapons. 7 3. Failure to so produce a permit is a simple misdemeanor , 8 punishable as a scheduled violation pursuant to section 805.8C, 9 subsection 12 . 10 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended 11 to read as follows: 12 1. A person may be issued a permit to carry weapons when 13 the person’s employment in a private investigation business 14 or private security business licensed under chapter 80A , or a 15 person’s employment as a peace officer, correctional officer, 16 security guard, bank messenger or other person transporting 17 property of a value requiring security, or in police work, 18 reasonably justifies that person going armed. The permit shall 19 be on a form prescribed and published by the commissioner of 20 public safety, shall identify the holder, and shall state 21 the nature of the employment requiring the holder to go 22 armed. A permit so issued, other than to a peace officer, 23 shall authorize the person to whom it is issued to go armed 24 anywhere in the state, only while engaged in the employment, 25 and while going to and from the place of the employment. A 26 permit issued to a certified peace officer shall authorize that 27 peace officer to go armed anywhere in the state , including a 28 school as provided in section 724.4B, at all times. Permits 29 shall expire twelve months after the date when issued except 30 that permits issued to peace officers and correctional officers 31 are valid through the officer’s period of employment unless 32 otherwise canceled. When the employment is terminated, the 33 holder of the permit shall surrender it to the issuing officer 34 for cancellation. 35 -4- LSB 1099XC (10) 86 jm/rj 4/ 30

S.F. _____ Sec. 8. Section 724.7, subsection 1, Code 2015, is amended 1 to read as follows: 2 1. Any person who is not disqualified under section 724.8 , 3 who satisfies the training requirements of section 724.9 , if 4 applicable, and who files an application in accordance with 5 section 724.10 shall be issued a nonprofessional permit to 6 carry weapons. Such permits shall be on a form prescribed and 7 published by the commissioner of public safety, which shall 8 be readily distinguishable from the professional permit, and 9 shall identify the holder of the permit. Such permits shall 10 not be issued for a particular weapon and shall not contain 11 information about a particular weapon including the make, 12 model, or serial number of the weapon or any ammunition used 13 in that weapon. All permits so issued shall be for a period of 14 five years and shall be valid throughout the state except where 15 the possession or carrying of a firearm is prohibited by state 16 or federal law. 17 Sec. 9. Section 724.9, Code 2015, is amended to read as 18 follows: 19 724.9 Firearm training program. 20 1. An applicant for an initial permit to carry weapons, 21 an applicant for a renewal permit under subsection 2, or an 22 applicant for renewal who applies outside the time periods 23 specified for a renewal in section 724.11, shall demonstrate 24 knowledge of firearm safety by any of the following means: 25 a. Completion of any national rifle association handgun 26 safety training course. 27 b. Completion of any handgun safety training course 28 available to the general public offered by a law enforcement 29 agency, community college, college, private or public 30 institution or organization, or firearms training school, 31 utilizing instructors certified by the national rifle 32 association or the department of public safety or another 33 state’s department of public safety, state police department, 34 or similar certifying body. 35 -5- LSB 1099XC (10) 86 jm/rj 5/ 30

S.F. _____ c. Completion of any handgun safety training course offered 1 for security guards, investigators, special deputies, or any 2 division or subdivision of a law enforcement or security 3 enforcement agency approved by the department of public safety. 4 d. Completion of small arms training while serving with the 5 armed forces of the United States as evidenced by any of the 6 following: . 7 (1) For personnel released or retired from active duty, 8 possession of an honorable discharge or general discharge under 9 honorable conditions. 10 (2) For personnel on active duty or serving in one of the 11 national guard or reserve components of the armed forces of the 12 United States, possession of a certificate of completion of 13 basic training with a service record of successful completion 14 of small arms training and qualification. 15 e. Completion of a law enforcement agency firearms training 16 course that qualifies a peace officer to carry a firearm in the 17 normal course of the peace officer’s duties. 18 2. a. Beginning with the first renewal of a permit 19 issued after the calendar year 2010, and alternating renewals 20 thereafter, training is not required unless the applicant 21 applies outside of the time periods specified for a renewal in 22 section 724.11. 23 b. Beginning with the second renewal of a permit issued 24 after the calendar year 2010, and alternating renewals 25 thereafter, an applicant is required to complete training and 26 shall qualify under either of the following: 27 (1) Any training option specified in subsection 1. 28 (2) On a firing range under the supervision of an instructor 29 certified by the national rifle association or the department 30 of public safety or another state’s department of public 31 safety, state police department, or similar certifying body. 32 2. 3. Evidence If training or qualification is required 33 under this section, evidence of such training or qualification 34 under this section may be documented by any of the following: 35 -6- LSB 1099XC (10) 86 jm/rj 6/ 30

S.F. _____ a. A photocopy of a certificate of completion or any 1 similar document indicating completion of any course or 2 class identified in subsection 1 that was completed within 3 twenty-four months prior to the date of the application . 4 b. An affidavit from the instructor, school, organization, 5 or group that conducted or taught a course or class identified 6 in subsection 1 that was completed within twenty-four 7 months prior to the date of the application attesting to the 8 completion of the course or class by the applicant. 9 c. A copy of any document indicating participation in any 10 firearms shooting competition. 11 c. Possession of an honorable discharge or general discharge 12 under honorable conditions issued any time prior to the date of 13 the application for personnel released or retired from active 14 duty in the armed forces of the United States. 15 d. Possession of a certificate of completion of basic 16 training with a service record of successful completion of 17 small arms training and qualification issued prior to the 18 date of the application, or other official documentation 19 satisfactory to the issuing officer that was issued prior to 20 the date of the application for personnel on active duty or 21 serving in one of the national guard or reserve components of 22 the armed forces of the United States. 23 e. A qualification certificate, qualification card, or 24 affidavit from an instructor certified by the national rifle 25 association or the department of public safety or another 26 state’s department of public safety, state police department, 27 or similar certifying body attesting that the applicant for 28 renewal has qualified on a firing range within twenty-four 29 months prior to the date of the application. 30 3. 4. An issuing officer shall not condition the issuance 31 of a permit on training requirements that are not specified in 32 or that exceed the requirements of this section . 33 5. The handgun safety training course required in 34 subsection 1 may be conducted over the internet in a live or 35 -7- LSB 1099XC (10) 86 jm/rj 7/ 30

S.F. _____ web-based format, if completion of the course is verified by 1 the instructor or provider of the course. 2 Sec. 10. Section 724.10, subsections 1 and 2, Code 2015, are 3 amended to read as follows: 4 1. a. A person shall not be issued a permit to carry 5 weapons unless the person has completed and signed an 6 application on a form to be prescribed and published by 7 the commissioner of public safety. The application shall 8 require only the full name, driver’s license or nonoperator’s 9 identification card number, residence, place of birth, and 10 date of birth of the applicant, and shall state whether the 11 applicant meets the criteria specified in sections 724.8 12 and 724.9 . An applicant may provide the applicant’s social 13 security number if the applicant so chooses. The applicant 14 shall also display an identification card that bears a 15 distinguishing number assigned to the cardholder, the full 16 name, date of birth, sex, residence address, and a brief 17 description and colored photograph of the cardholder. 18 b. If the applicant is not a United States citizen, the 19 application shall, in addition to the information specified in 20 paragraph “a” , require the applicant’s country of citizenship, 21 any alien or admission number issued by the United States 22 immigration and customs enforcement or any successor agency, 23 and, if applicable, the basis for any exception claimed 24 pursuant to 18 U.S.C. §922(y). 25 2. The issuing officer, upon receipt of an initial or 26 renewal application under this section , shall immediately 27 conduct a background check concerning each applicant by 28 obtaining criminal history data from the department of 29 public safety which shall include an inquiry of the national 30 instant criminal background check system maintained by the 31 federal bureau of investigation or any successor agency and 32 an immigration alien query through a database maintained by 33 the United States immigration and customs enforcement or any 34 successor agency if the applicant is not a United States 35 -8- LSB 1099XC (10) 86 jm/rj 8/ 30

S.F. _____ citizen . 1 Sec. 11. Section 724.11, subsections 1 and 3, Code 2015, are 2 amended to read as follows: 3 1. Applications for permits to carry weapons shall be made 4 to the sheriff of the county in which the applicant resides. 5 Applications for professional permits to carry weapons for 6 persons who are nonresidents of the state, or whose need to 7 go armed arises out of employment by the state, shall be made 8 to the commissioner of public safety. In either case, the 9 sheriff or commissioner, before issuing the permit, shall 10 determine that the requirements of sections 724.6 to 724.10 11 have been satisfied. However, for renewal of a permit the 12 training program requirements in section 724.9, subsection 1 , 13 shall apply or the renewal applicant may choose to qualify on a 14 firing range under the supervision of an instructor certified 15 by the national rifle association or the department of public 16 safety or another state’s department of public safety, state 17 police department, or similar certifying body. Such training 18 or qualification must occur within the twelve-month period 19 prior to the expiration of the applicant’s current permit. 20 An applicant for renewal of a permit shall apply within 21 thirty days prior to the expiration of the permit or within 22 thirty days after the expiration of the permit; otherwise the 23 applicant shall be considered an applicant for an initial 24 permit under section 724.9, subsection 1. 25 3. The issuing officer shall collect a fee of fifty dollars, 26 except from a duly appointed peace officer or correctional 27 officer, for each permit issued. Renewal permits or duplicate 28 permits shall be issued for a fee of twenty-five dollars, 29 provided the application for such renewal permit is received by 30 the issuing officer at least within thirty days prior to the 31 expiration of the applicant’s current permit or within thirty 32 days after such expiration . The issuing officer shall notify 33 the commissioner of public safety of the issuance of any permit 34 at least monthly and forward to the commissioner an amount 35 -9- LSB 1099XC (10) 86 jm/rj 9/ 30

S.F. _____ equal to ten dollars for each permit issued and five dollars 1 for each renewal or duplicate permit issued. All such fees 2 received by the commissioner shall be paid to the treasurer of 3 state and deposited in the operating account of the department 4 of public safety to offset the cost of administering this 5 chapter . Notwithstanding section 8.33 , any unspent balance as 6 of June 30 of each year shall not revert to the general fund of 7 the state. 8 Sec. 12. Section 724.11, Code 2015, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 5. The initial or renewal permit shall 11 have a uniform appearance, size, and content prescribed and 12 published by the commissioner of public safety. The permit 13 shall contain the name of the permittee and the effective date 14 of the permit, but shall not contain the permittee’s social 15 security number. Such a permit shall not be issued for a 16 particular weapon and shall not contain information about a 17 particular weapon including the make, model, or serial number 18 of the weapon, or any ammunition used in that weapon. 19 Sec. 13. Section 724.11A, Code 2015, is amended to read as 20 follows: 21 724.11A Recognition. 22 A valid permit or license issued by another state to any 23 nonresident of this state shall be considered to be a valid 24 permit or license to carry weapons issued pursuant to this 25 chapter , except that such permit or license shall not be 26 considered to be a substitute for an annual a permit to acquire 27 pistols or revolvers firearms issued pursuant to section 28 724.15 . 29 Sec. 14. Section 724.15, Code 2015, is amended by striking 30 the section and inserting in lieu thereof the following: 31 724.15 Optional permit to acquire firearms. 32 1. It is the purpose of this section to provide for a permit 33 to acquire firearms that will satisfy the requirements of 18 34 U.S.C. §922(t)(3) to allow the holder of such a permit to 35 -10- LSB 1099XC (10) 86 jm/rj 10/ 30

S.F. _____ acquire firearms from a federally licensed firearms dealer. A 1 person is not required to obtain a permit to acquire firearms 2 under this section if the person possesses a valid permit to 3 carry weapons issued in accordance with this chapter or if the 4 person has otherwise completed a satisfactory national instant 5 criminal background check required pursuant to 18 U.S.C. 6 §922(t). 7 2. A person may obtain a permit to acquire firearms pursuant 8 to this section. However, a permit to acquire firearms 9 shall not be issued to a person who is subject to any of the 10 following: 11 a. Is under twenty-one years of age. 12 b. Is prohibited by section 724.26 or federal law from 13 possessing, shipping, transporting, or receiving a firearm. 14 c. Is prohibited by court order from possessing, shipping, 15 transporting, or receiving a firearm. 16 3. A permit to acquire firearms shall authorize the permit 17 holder to acquire one or more firearms, without limitation, 18 from a federally licensed firearms dealer during the period the 19 permit remains valid pursuant to section 724.20. 20 4. An issuing officer who finds that a person issued 21 a permit to acquire firearms under this chapter has been 22 arrested for a disqualifying offense or who is the subject of 23 proceedings that could lead to the person’s ineligibility for 24 such permit may immediately suspend such permit. An issuing 25 officer proceeding under this subsection shall immediately 26 notify the permit holder of the suspension by personal service 27 or certified mail on a form prescribed and published by the 28 commissioner of public safety and the suspension shall become 29 effective upon the permit holder’s receipt of such notice. If 30 the suspension is based on an arrest or a proceeding that does 31 not result in a disqualifying conviction or finding against 32 the permit holder, the issuing officer shall immediately 33 reinstate the permit upon receipt of proof of the matter’s 34 final disposition. If the arrest leads to a disqualifying 35 -11- LSB 1099XC (10) 86 jm/rj 11/ 30

S.F. _____ conviction or the proceedings to a disqualifying finding, the 1 issuing officer shall revoke the permit. The issuing officer 2 may also revoke the permit of a person whom the issuing officer 3 later finds was not qualified for such a permit at the time of 4 issuance or who the officer finds provided materially false 5 information on the permit application. A person aggrieved by a 6 suspension or revocation under this subsection may seek review 7 of the decision pursuant to section 724.21A. 8 Sec. 15. Section 724.16, Code 2015, is amended by striking 9 the section and inserting in lieu thereof the following: 10 724.16 Prohibited transfers of firearms. 11 1. A person shall not transfer a firearm to another person 12 if the person knows or reasonably should know that the other 13 person is prohibited from receiving or possessing a firearm 14 under section 724.26 or federal law. 15 2. A person shall not loan or rent a firearm to another 16 person for temporary use during lawful activities if the person 17 knows or reasonably should know that the person is prohibited 18 from receiving or possessing a firearm under section 724.26 or 19 federal law. 20 3. A person who transfers, loans, or rents a firearm in 21 violation of this section commits a class “D” felony. 22 Sec. 16. Section 724.17, Code 2015, is amended to read as 23 follows: 24 724.17 Application for annual permit to acquire firearms —— 25 criminal history check required. 26 1. The application for an annual a permit to acquire pistols 27 or revolvers firearms may be made to the sheriff of the county 28 of the applicant’s residence and shall be on a form prescribed 29 and published by the commissioner of public safety. 30 a. The If an applicant is a United States citizen, the 31 application shall require only the full name of the applicant, 32 the driver’s license or nonoperator’s identification card 33 number of the applicant, the residence of the applicant, and 34 the date and place of birth of the applicant. 35 -12- LSB 1099XC (10) 86 jm/rj 12/ 30

S.F. _____ b. If the applicant is not a United States citizen, the 1 application shall, in addition to the information specified in 2 paragraph “a” , require the applicant’s country of citizenship, 3 any alien or admission number issued by the United States 4 immigration and customs enforcement or any successor agency, 5 and, if applicable, the basis for any exception claimed 6 pursuant to 18 U.S.C. §922(y). 7 c. The applicant shall also display an identification card 8 that bears a distinguishing number assigned to the cardholder, 9 the full name, date of birth, sex, residence address, and brief 10 description and colored photograph of the cardholder, or other 11 identification as specified by rule of the department of public 12 safety. 13 2. The sheriff shall conduct a criminal history check 14 concerning each applicant by obtaining criminal history data 15 from the department of public safety which shall include an 16 inquiry of the national instant criminal background check 17 system maintained by the federal bureau of investigation or 18 any successor agency and an immigration alien query through 19 a database maintained by the United States immigration and 20 customs enforcement or any successor agency if the applicant 21 is not a United States citizen . 22 3. A person who makes what the person knows to be a false 23 statement of material fact on an application submitted under 24 this section or who submits what the person knows to be any 25 materially falsified or forged documentation in connection with 26 such an application commits a class “D” felony. 27 Sec. 17. Section 724.18, Code 2015, is amended by striking 28 the section and inserting in lieu thereof the following: 29 724.18 Procedure for making application for permit to acquire 30 firearms. 31 1. A person may personally request the sheriff to mail an 32 application for a permit to acquire firearms, and the sheriff 33 shall immediately forward such application to the person. The 34 person shall personally deliver such a completed application to 35 -13- LSB 1099XC (10) 86 jm/rj 13/ 30

S.F. _____ the sheriff. The permit to acquire firearms shall be issued 1 to the applicant within thirty days of the receipt of the 2 completed application, unless the applicant is disqualified 3 after a criminal history check and immigration alien query, if 4 applicable. 5 2. For the purposes of this section and section 724.19, 6 the date of application shall be the date on which the sheriff 7 receives the completed application. 8 Sec. 18. Section 724.19, Code 2015, is amended to read as 9 follows: 10 724.19 Issuance of annual permit to acquire firearms . 11 The annual permit to acquire pistols or revolvers firearms 12 shall be issued to the applicant immediately upon completion 13 of the application within thirty days of the receipt of the 14 completed application, unless the applicant is disqualified 15 under the provisions of section 724.15 and or 724.17. The 16 permit shall be on a form have a uniform appearance, size, and 17 content prescribed and published by the commissioner of public 18 safety. The permit shall contain the name of the permittee , 19 the residence of the permittee, and the effective date of the 20 permit , but shall not contain the permittee’s social security 21 number . Such a permit shall not be issued for a particular 22 weapon and shall not contain information about a particular 23 weapon including the make, model, or serial number of the 24 weapon, or any ammunition used in that weapon. 25 Sec. 19. Section 724.20, Code 2015, is amended to read as 26 follows: 27 724.20 Validity of annual permit to acquire pistols or 28 revolvers firearms . 29 The permit shall be valid throughout the state and shall 30 be valid three days after the date of application and shall 31 be invalid one year five years after the date of application 32 issuance . 33 Sec. 20. Section 724.21, Code 2015, is amended to read as 34 follows: 35 -14- LSB 1099XC (10) 86 jm/rj 14/ 30

S.F. _____ 724.21 Giving false information when acquiring weapon 1 firearms . 2 A person who gives a false name or presents false 3 identification, or otherwise knowingly gives false material 4 information to one from whom the person seeks to acquire a 5 pistol or revolver firearm , commits a class “D” felony. 6 Sec. 21. Section 724.21A, subsections 1 and 7, Code 2015, 7 are amended to read as follows: 8 1. In any case where the sheriff or the commissioner of 9 public safety denies an application for or suspends or revokes 10 a permit to carry weapons or an annual a permit to acquire 11 pistols or revolvers firearms , the sheriff or commissioner 12 shall provide a written statement of the reasons for the 13 denial, suspension, or revocation and the applicant or permit 14 holder shall have the right to appeal the denial, suspension, 15 or revocation to an administrative law judge in the department 16 of inspections and appeals within thirty days of receiving 17 written notice of the denial, suspension, or revocation. 18 7. In any case where the issuing officer denies an 19 application for, or suspends or revokes a permit to carry 20 weapons or an annual a permit to acquire pistols or revolvers 21 firearms solely because of an adverse determination by 22 the national instant criminal background check system, the 23 applicant or permit holder shall not seek relief under this 24 section but may pursue relief of the national instant criminal 25 background check system determination pursuant to Pub. L. No. 26 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, 27 or other applicable law. The outcome of such proceedings shall 28 be binding on the issuing officer. 29 Sec. 22. Section 724.21A, Code 2015, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 8. If an applicant appeals the decision 32 by the sheriff or commissioner to deny an application, or 33 suspend or revoke a permit to carry weapons or a permit to 34 acquire firearms, and it is later determined the applicant 35 -15- LSB 1099XC (10) 86 jm/rj 15/ 30

S.F. _____ is eligible to be issued or possess such a permit, the 1 applicant shall be awarded costs related to the administrative 2 proceeding and reasonable attorney fees if applicable. 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 6 or the commissioner shall be awarded costs related to the 7 administrative proceeding and reasonable attorney fees if 8 applicable. 9 Sec. 23. Section 724.22, subsection 5, Code 2015, is amended 10 to read as follows: 11 5. A parent or guardian or spouse who is twenty-one years of 12 age or older, of a person fourteen years of age but less than 13 below the age of twenty-one may allow the person to possess a 14 pistol or revolver or the ammunition therefor for any lawful 15 purpose while under the direct supervision of the parent or 16 guardian or spouse who is twenty-one years of age or older, or 17 while the person receives instruction in the proper use thereof 18 from an instructor twenty-one years of age or older, with the 19 consent of such parent, guardian or spouse. 20 Sec. 24. Section 724.23, Code 2015, is amended to read as 21 follows: 22 724.23 Records kept by commissioner and issuing officers . 23 1. a. The commissioner of public safety shall maintain a 24 permanent record of all valid permits to carry weapons and of 25 current permit revocations. 26 b. The permanent record shall be kept in a searchable 27 database that is accessible on a statewide basis for the 28 circumstances described in subsection 2, paragraph “b” , “c” , or 29 “d” . 30 2. a. Notwithstanding any other law or rule to the 31 contrary, the commissioner of public safety and any issuing 32 officer shall keep confidential personally identifiable 33 information of holders of permits to carry weapons and permits 34 to acquire firearms, including but not limited to the name, 35 -16- LSB 1099XC (10) 86 jm/rj 16/ 30

S.F. _____ social security number, date of birth, residential or business 1 address, and driver’s license or other identification number of 2 the applicant or permit holder. 3 b. This subsection shall not prohibit the release of 4 statistical information relating to the issuance, denial, 5 revocation, or administration of nonprofessional permits to 6 carry weapons and permits to acquire firearms, provided that 7 the release of such information does not reveal the identity of 8 any individual permit holder. 9 c. This subsection shall not prohibit the release of 10 information to any law enforcement agency or any employee or 11 agent thereof when necessary for the purpose of investigating a 12 possible violation of law or when probable cause exists, or for 13 conducting a lawfully authorized background investigation. 14 d. This subsection shall not prohibit the release of 15 information relating to the validity of a professional permit 16 to carry weapons to an employer who requires an employee or an 17 agent of the employer to possess a professional permit to carry 18 weapons as part of the duties of the employee or agent. 19 e. Except as provided in paragraphs “b” , “c” , and “d” , the 20 release of any confidential information under this section 21 shall require a court order or the consent of the person whose 22 personally identifiable information is the subject of the 23 information request. 24 Sec. 25. Section 724.27, subsection 1, unnumbered paragraph 25 1, Code 2015, is amended to read as follows: 26 The provisions of section 724.8 , section 724.15, subsection 27 1 2 , and section 724.26 shall not apply to a person who is 28 eligible to have the person’s civil rights regarding firearms 29 restored under section 914.7 if any of the following occur: 30 Sec. 26. NEW SECTION . 724.29A Fraudulent purchase of 31 firearms or ammunition. 32 1. For purposes of this section: 33 a. “Ammunition” means any cartridge, shell, or projectile 34 designed for use in a firearm. 35 -17- LSB 1099XC (10) 86 jm/rj 17/ 30

S.F. _____ b. “Licensed firearms dealer” means a person who is licensed 1 pursuant to 18 U.S.C. §923 to engage in the business of dealing 2 in firearms. 3 c. “Materially false information” means information that 4 portrays an illegal transaction as legal or a legal transaction 5 as illegal. 6 d. “Private seller” means a person who sells or offers for 7 sale any firearm or ammunition. 8 2. A person who knowingly solicits, persuades, encourages, 9 or entices a licensed firearms dealer or private seller of 10 firearms or ammunition to transfer a firearm or ammunition 11 under circumstances that the person knows would violate the 12 laws of this state or of the United States commits a class “D” 13 felony. 14 3. A person who knowingly provides materially false 15 information to a licensed firearms dealer or private seller of 16 firearms or ammunition with the intent to deceive the firearms 17 dealer or seller about the legality of a transfer of a firearm 18 or ammunition commits a class “D” felony. 19 4. Any person who willfully procures another to engage in 20 conduct prohibited by this section shall be held accountable 21 as a principal. 22 5. This section does not apply to a law enforcement officer 23 acting in the officer’s official capacity or to a person acting 24 at the direction of such law enforcement officer. 25 Sec. 27. NEW SECTION . 724.32 Rules. 26 The department of public safety shall adopt rules pursuant 27 to chapter 17A to administer this chapter. 28 Sec. 28. Section 805.8C, Code 2015, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 11. Duty to possess permit to carry 31 weapons. For violations of section 724.4, subsection 4, 32 paragraph “i” , subparagraph (2), the scheduled fine is ten 33 dollars. 34 NEW SUBSECTION . 12. Failure to produce permit to carry. For 35 -18- LSB 1099XC (10) 86 jm/rj 18/ 30