H.F. 2145 Section 1. Section 724.7, subsection 1, Code 2018, is 1 amended 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 , 4 and who files an application in accordance with section 5 724.10 shall may be issued a nonprofessional permit to carry 6 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. 2. Section 724.11, subsection 1, Code 2018, is amended 18 to read as follows: 19 1. Applications for permits to carry weapons shall be made 20 to the sheriff of the county in which the applicant resides. 21 Applications for professional permits to carry weapons for 22 persons who are nonresidents of the state, or whose need to 23 go armed arises out of employment by the state, shall be made 24 to the commissioner of public safety. In either case, the 25 issuance of the permit shall be by and at the discretion of the 26 sheriff or commissioner, who shall, before issuing the permit, 27 shall determine that the requirements of sections 724.6 to 28 724.10 have been satisfied. A renewal applicant shall apply 29 within thirty days prior to the expiration of the permit, 30 or within thirty days after the expiration of the permit; 31 otherwise the applicant shall be considered an applicant for an 32 initial permit for purposes of renewal fees under subsection 3 . 33 Sec. 3. Section 724.13, subsection 1, Code 2018, is amended 34 to read as follows: 35 -1- LSB 5023YH (5) 87 jm/rh 1/ 4

H.F. 2145 1. An issuing officer who finds that a person issued a 1 permit to carry weapons under this chapter has been arrested 2 for a disqualifying offense , or is the subject of proceedings 3 that could lead to the person’s ineligibility for such permit , 4 or determines the conditions for the issuance of such permit 5 no longer exist, may immediately suspend such permit. An 6 issuing officer proceeding under this section shall immediately 7 notify the permit holder of the suspension by personal service 8 or certified mail on a form prescribed and published by the 9 commissioner of public safety and the suspension shall become 10 effective upon the permit holder’s receipt of such notice. If 11 the suspension is based on an arrest or a proceeding that does 12 not result in a disqualifying conviction or finding against 13 the permit holder, the issuing officer shall immediately 14 reinstate the permit upon receipt of proof of the matter’s 15 final disposition. If the arrest leads to a disqualifying 16 conviction or the proceedings to a disqualifying finding, the 17 issuing officer shall revoke the permit. The issuing officer 18 may also revoke the permit of a person whom the issuing officer 19 later finds was not qualified for such a permit at the time 20 of issuance , or who the officer finds provided materially 21 false information on the permit application , or if the officer 22 determines that the conditions for the issuance of such 23 permit no longer exist . A person aggrieved by a suspension or 24 revocation under this section may seek review of the decision 25 pursuant to section 724.21A . 26 Sec. 4. Section 724.21A, subsection 8, Code 2018, is amended 27 to read as follows: 28 8. If an applicant or permit holder appeals the decision 29 by the sheriff or commissioner to deny an application for or 30 suspend or revoke a permit to carry weapons or a permit to 31 acquire pistols or revolvers, and it is later determined on 32 appeal the applicant or permit holder is eligible to be issued 33 or possess a permit to carry weapons or a permit to acquire 34 pistols or revolvers, the applicant or permit holder shall 35 -2- LSB 5023YH (5) 87 jm/rh 2/ 4

H.F. 2145 be awarded court costs and reasonable attorney fees. If the 1 decision of the sheriff or commissioner to deny an application 2 for or suspend or revoke a permit to carry weapons or a permit 3 to acquire pistols or revolvers is upheld on appeal, or the 4 applicant or permit holder withdraws or dismisses the appeal, 5 the political subdivision of the state representing the sheriff 6 or the state department representing the commissioner shall be 7 awarded court costs and reasonable attorney fees. 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 issuance, denial, suspension, or 12 revocation of a permit to carry weapons. 13 Current law provides that the issuing officer (county 14 sheriff or commissioner of public safety) shall issue a permit 15 to carry weapons to an applicant unless the applicant does 16 not meet certain requirements of Code chapter 724 (weapons). 17 The bill allows the issuing officer to deny the issuance of 18 a permit to carry weapons at the discretion of the issuing 19 officer even if the applicant meets the other requirements of 20 Code chapter 724. 21 The bill allows the issuing officer to suspend or revoke a 22 permit to carry weapons if the issuing officer determines the 23 conditions for the issuance of the permit to carry weapons no 24 longer exist. 25 The bill strikes language that requires the issuing officer 26 to reinstate a permit to carry weapons if the suspension of 27 the permit is based upon an arrest or proceeding that does not 28 result in a disqualifying conviction or finding against the 29 permit holder. 30 Under current law, a person who appeals the decision by 31 the issuing officer to deny an application for a permit to 32 carry weapons or who suspends or revokes a permit to carry 33 weapons, and it is later determined on appeal that the person 34 is eligible to be issued or possess a permit to carry weapons, 35 -3- LSB 5023YH (5) 87 jm/rh 3/ 4

H.F. 2145 the person shall be awarded court costs and reasonable attorney 1 fees, and if the person loses or withdraws such an appeal, the 2 government shall be awarded court costs and reasonable attorney 3 fees. The bill strikes the provision relating to awarding 4 court costs and reasonable attorney fees to the prevailing 5 party in an appeal for the denial, suspension, or revocation of 6 a permit to carry weapons, but does not strike the provision 7 allowing for such an appeal. 8 -4- LSB 5023YH (5) 87 jm/rh 4/ 4