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 2601XC (2) 86 jm/rj 1/ 5

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 2601XC (2) 86 jm/rj 2/ 5

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 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the making, transferring, and 12 possession of firearms and suppressors. 13 Current Iowa law provides that a mechanical device 14 specifically constructed and designed so that when attached to 15 a firearm it silences, muffles, or suppresses the sound when 16 fired is an offensive weapon. Under Code section 724.3, any 17 person who knowingly possesses an offensive weapon commits a 18 class “D” felony, punishable by confinement for no more than 19 five years and a fine of at least $750 but not more than $7,500. 20 The bill strikes a provision in Code section 724.1(1)(h) 21 that classifies a firearm suppressor as an offensive weapon. 22 By striking this provision, a firearm suppressor is legal 23 to possess in the state. This provision takes effect upon 24 enactment. 25 The bill also creates in new Code section 724.1A, a process 26 whereby a person may apply to the chief law enforcement officer 27 of the jurisdiction where the person resides or maintains an 28 address of record for a certification to make or transfer a 29 firearm suppressor. The bill defines “firearm suppressor” to 30 mean a mechanical device specifically constructed and designed 31 so that when attached to a firearm silences, muffles, or 32 suppresses the sound when fired that is considered a “firearm 33 silencer” or “firearm muffler” as defined in 18 U.S.C. §921. 34 The bill specifies that a chief law enforcement officer 35 -3- LSB 2601XC (2) 86 jm/rj 3/ 5

S.F. _____ shall not refuse to provide certification, based on a 1 generalized objection, to an applicant making or transferring 2 a firearm suppressor. If a person applies for certification 3 to make or transfer a firearm suppressor with the chief 4 law enforcement officer, the bill requires the chief law 5 enforcement officer to issue the certification within 30 6 days of receiving such an application unless the applicant 7 is prohibited by law from making or transferring a firearm 8 suppressor or the applicant is the subject of a proceeding that 9 could result in the applicant being prohibited by law from 10 making or transferring a firearm suppressor. If the chief 11 law enforcement officer does not issue a certification under 12 the bill, the chief law enforcement officer shall provide the 13 applicant a written notification of the denial and the reason 14 for the denial. If the certification has been approved by the 15 chief law enforcement officer under the bill, the applicant 16 has the authority to make or transfer a firearm suppressor as 17 provided by state and federal law. 18 If the applicant’s request for certification is denied, 19 the bill specifies that the applicant may appeal the decision 20 to the district court for the county in which the applicant 21 resides or maintains an address of record. The bill specifies 22 that the court shall review the decision of the chief law 23 enforcement officer to deny the certification de novo. If the 24 court finds that the applicant is not prohibited by law from 25 making or transferring a firearm suppressor, the bill requires 26 the court to order the chief law enforcement officer to issue 27 the certification and award court costs and reasonable attorney 28 fees to the applicant. If the court determines the applicant 29 is not eligible to be issued a certification, the bill requires 30 the court to award court costs and reasonable attorney fees to 31 the political subdivision of the state representing the chief 32 law enforcement officer. 33 In making a determination about whether to issue a 34 certification under the bill, a chief law enforcement officer 35 -4- LSB 2601XC (2) 86 jm/rj 4/ 5

S.F. _____ may conduct a criminal background check, but shall only require 1 the applicant to provide as much information as is necessary 2 to identify the applicant for this purpose or to determine 3 the disposition of an arrest or proceeding relevant to the 4 eligibility of the applicant to lawfully make or transfer a 5 firearm suppressor. The bill prohibits a chief law enforcement 6 officer from requiring access to any private premises as a 7 condition of providing a certification under this Code section. 8 A chief law enforcement officer and employees of the chief 9 law enforcement officer who act in good faith are immune 10 from liability arising from any act or omission in making a 11 certification under the bill. 12 The bill provides that a person shall not possess a firearm 13 suppressor unless authorized by federal law. A person who 14 violates this provision commits a class “D” felony. 15 -5- LSB 2601XC (2) 86 jm/rj 5/ 5