House File 220 - Introduced HOUSE FILE 220 BY ABDUL-SAMAD A BILL FOR An Act prohibiting the sale or transfer of semiautomatic 1 assault weapons to unauthorized persons, providing 2 penalties, and including effective date and applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1971YH (3) 88 mo/rh
H.F. 220 Section 1. NEW SECTION . 724.1D Semiautomatic assault weapon 1 defined. 2 1. “Semiautomatic assault weapon” means any of the 3 following: 4 a. A semiautomatic rifle that has the capability to accept 5 a detachable ammunition magazine and that has any of the 6 following: 7 (1) A pistol grip or thumbhole stock. 8 (2) A forward grip or any feature capable of functioning as 9 a protruding grip that can be held by the nontrigger hand. 10 (3) A shroud attached to the barrel, or that partially or 11 completely encircles the barrel, allowing the user to hold the 12 firearm with the nontrigger hand without being burned, but 13 excluding a slide that encloses the barrel. 14 (4) A folding, telescoping, or detachable stock. 15 (5) A threaded barrel. 16 (6) A grenade launcher or rocket launcher. 17 b. A semiautomatic rifle that has a fixed magazine with the 18 capability to accept more than ten rounds of ammunition, except 19 for an attached tubular device designed to accept, and capable 20 of operating only with, .22 caliber rimfire ammunition. 21 c. Any part, combination of parts, component, device, 22 attachment, or accessory that is designed or functions to 23 accelerate the rate of fire of a semiautomatic rifle but not 24 convert the semiautomatic rifle into a machine gun. 25 d. A semiautomatic pistol that has the capability to accept 26 a detachable ammunition magazine and that has any of the 27 following: 28 (1) A second pistol grip or any feature capable of 29 functioning as a protruding grip that can be held by the 30 nontrigger hand. 31 (2) A shroud attached to the barrel, or that partially or 32 completely encircles the barrel, allowing the user to hold the 33 firearm with the nontrigger hand without being burned, but 34 excluding a slide that encloses the barrel. 35 -1- LSB 1971YH (3) 88 mo/rh 1/ 5
H.F. 220 (3) A threaded barrel. 1 (4) The capability to accept a detachable ammunition 2 magazine at any location outside the pistol grip. 3 e. A semiautomatic pistol that has a fixed magazine with the 4 capacity to accept more than ten rounds of ammunition. 5 f. A semiautomatic shotgun that has any of the following: 6 (1) The capability to accept a detachable ammunition 7 magazine. 8 (2) A pistol grip. 9 (3) A folding, telescoping, or detachable stock. 10 (4) A fixed ammunition magazine that has the capability to 11 accept more than five rounds of ammunition. 12 (5) A forward grip. 13 (6) A grenade launcher or rocket launcher. 14 g. A shotgun with a revolving cylinder. 15 h. A conversion kit, part, or combination of parts, from 16 which a semiautomatic assault weapon can be assembled if the 17 parts are in the possession of or under the control of the same 18 person. 19 i. A frame or receiver that is identical to, or based 20 substantially on, the frame or receiver of a semiautomatic 21 assault weapon described in paragraph “a” , “b” , “d” , “e” , or 22 “f” . 23 2. “Semiautomatic assault weapon” does not include any of 24 the following: 25 a. A firearm that is manually operated by a bolt, pump, 26 lever, or slide action. 27 b. A firearm that has been rendered permanently inoperable. 28 Sec. 2. Section 724.22, subsections 1 and 2, Code 2019, are 29 amended to read as follows: 30 1. Except as provided in subsection 3 and section 724.22A, 31 subsection 2 , a person who sells, loans, gives, or makes 32 available a rifle or shotgun or ammunition for a rifle or 33 shotgun to a minor commits a serious misdemeanor for a first 34 offense and a class “D” felony for second and subsequent 35 -2- LSB 1971YH (3) 88 mo/rh 2/ 5
H.F. 220 offenses. 1 2. Except as provided in subsections 4 , and 5 , and section 2 724.22A, subsection 2, a person who sells, loans, gives, or 3 makes available a pistol or revolver or ammunition for a pistol 4 or revolver to a person below the age of twenty-one commits a 5 serious misdemeanor for a first offense and a class “D” felony 6 for second and subsequent offenses. 7 Sec. 3. NEW SECTION . 724.22A Sale or transfer of 8 semiautomatic assault weapons —— penalties. 9 1. A person who sells or transfers a semiautomatic assault 10 weapon to an unauthorized person commits a class “D” felony 11 for a first offense and a class “C” felony for a second or 12 subsequent offense. 13 2. This section does not apply to the sale or transfer of a 14 semiautomatic assault weapon to a minor by the minor’s parent 15 or guardian. 16 3. For purposes of this section, an “unauthorized person” is 17 a person who is subject to any of the following: 18 a. Is less than eighteen years of age, except as otherwise 19 provided in subsection 2. 20 b. Probable cause exists to believe, based upon documented 21 specific actions of the person, where at least one of the 22 actions occurred within two years immediately preceding the 23 date of the sale or transfer, that the person is any of the 24 following: 25 (1) Likely to use the semiautomatic weapon unlawfully or 26 in such other manner as would endanger the person’s self or 27 others. 28 (2) Involved with or is a member of a criminal street gang 29 as defined in section 723A.1. 30 (3) Involved with or participated in the unlawful 31 distribution of a controlled substance. 32 c. Is subject to the provisions of section 724.26. 33 d. Is addicted to the use of alcohol or a controlled 34 substance. 35 -3- LSB 1971YH (3) 88 mo/rh 3/ 5
H.F. 220 e. Has, within the previous three years, been convicted of 1 any serious or aggravated misdemeanor defined in chapter 708 2 not involving the use of a firearm or explosive. 3 f. Is prohibited by federal law from shipping, transporting, 4 possessing, or receiving a firearm. 5 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 6 immediate importance, takes effect upon enactment. 7 Sec. 5. APPLICABILITY. This Act applies to the sale or 8 transfer of a semiautomatic assault weapon sold or transferred 9 on or after the effective date of this Act. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill prohibits the sale or transfer of semiautomatic 14 assault weapons, provides penalties, and includes effective 15 date and applicability provisions. 16 The bill provides that a person who sells or transfers a 17 semiautomatic assault weapon to an unauthorized person commits 18 a class “D” felony for a first offense and a class “C” felony 19 for a second or subsequent offense. A class “D” felony is 20 punishable by confinement for no more than five years and a 21 fine of at least $750 but not more than $7,500. A class “C” 22 felony is punishable by confinement for no more than 10 years 23 and a fine of at least $1,000 but not more than $10,000. 24 The bill defines a semiautomatic assault weapon to include 25 a semiautomatic rifle, pistol, or shotgun with certain 26 characteristics, a conversion kit, part, or combination of 27 parts from which a semiautomatic weapon can be assembled, and a 28 frame or receiver that is identical to or based substantially 29 on the frame or receiver or a semiautomatic assault weapon. 30 The bill excludes a firearm that is manually operated by a 31 bolt, pump, lever, or slide action and a firearm that has 32 been rendered permanently inoperable from the definition of a 33 semiautomatic assault weapon. 34 The bill provides that a parent or guardian of a minor may 35 -4- LSB 1971YH (3) 88 mo/rh 4/ 5
H.F. 220 allow the minor to possess a semiautomatic assault weapon. 1 The bill defines an unauthorized person as the following: 2 a minor defined as a person less than 18 years of age except 3 as otherwise provided in the bill; a person likely to use the 4 semiautomatic weapon unlawfully or in such other manner as 5 would endanger the person’s self or others; a person who is 6 involved with or is a member of a criminal street gang as that 7 term is defined in Code section 723A.1; a person involved with 8 or participating in the unlawful distribution of a controlled 9 substance; a person subject to the provisions of Code section 10 724.26; a person who is addicted to the use of alcohol or a 11 controlled substance; a person that has, within the previous 12 three years, been convicted of any serious or aggravated 13 misdemeanor defined in Code chapter 708 not involving the use 14 of a firearm or explosive; and a person who is prohibited 15 by federal law from shipping, transporting, possessing, or 16 receiving a firearm. 17 The bill takes effect upon enactment and applies to the 18 sale or transfer of a semiautomatic assault weapon sold or 19 transferred on or after the effective date of the bill. 20 -5- LSB 1971YH (3) 88 mo/rh 5/ 5