House File 32 - Introduced HOUSE FILE 32 BY HUNTER A BILL FOR An Act relating to the issuance, denial, suspension, or 1 revocation of a permit to carry weapons and a permit to 2 acquire pistols or revolvers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1452YH (2) 88 mo/rh
H.F. 32 Section 1. Section 724.7, subsection 1, Code 2019, 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 2019, 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 2019, is amended 34 to read as follows: 35 -1- LSB 1452YH (2) 88 mo/rh 1/ 6
H.F. 32 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 724.15, subsections 1 and 4, Code 2019, are 27 amended to read as follows: 28 1. Any person who desires to acquire ownership of any pistol 29 or revolver shall first obtain a permit. A permit shall may be 30 issued upon request to any resident of this state unless the 31 person is subject to any of the following: 32 a. Is less than twenty-one years of age. 33 b. Is subject to the provisions of section 724.26 . 34 c. Is prohibited by federal law from shipping, transporting, 35 -2- LSB 1452YH (2) 88 mo/rh 2/ 6
H.F. 32 possessing, or receiving a firearm. 1 4. An issuing officer who finds that a person issued a 2 permit to acquire pistols or revolvers under this chapter 3 has been arrested for a disqualifying offense or who is 4 the subject of proceedings that could lead to the person’s 5 ineligibility for such permit may immediately suspend such 6 permit. An issuing officer proceeding under this subsection 7 shall immediately notify the permit holder of the suspension 8 by personal service or certified mail on a form prescribed 9 and published by the commissioner of public safety and the 10 suspension shall become effective upon the permit holder’s 11 receipt of such notice. If the suspension is based on an 12 arrest or a proceeding that does not result in a disqualifying 13 conviction or finding against the permit holder, the issuing 14 officer shall immediately reinstate the permit upon receipt 15 of proof of the matter’s final disposition. If the arrest 16 leads to a disqualifying conviction or the proceedings to a 17 disqualifying finding, the issuing officer shall revoke the 18 permit. The issuing officer may also revoke the permit of a 19 person whom the issuing officer later finds was not qualified 20 for such a permit at the time of issuance or who the officer 21 finds provided materially false information on the permit 22 application. A person aggrieved by a suspension or revocation 23 under this subsection may seek review of the decision pursuant 24 to section 724.21A . 25 Sec. 5. Section 724.18, Code 2019, is amended to read as 26 follows: 27 724.18 Procedure for making application for permit to 28 acquire. 29 A person may personally request the sheriff to mail an 30 application for a permit to acquire pistols or revolvers, 31 and the sheriff shall immediately forward to such person an 32 application for a permit to acquire pistols or revolvers. A 33 person shall upon completion of the application personally 34 deliver such application to the sheriff who shall note the 35 -3- LSB 1452YH (2) 88 mo/rh 3/ 6
H.F. 32 period of validity on the application and shall immediately 1 may issue the permit to acquire pistols or revolvers to the 2 applicant and, if such permit is issued, shall note the period 3 of validity on the application . For the purposes of this 4 section the date of application shall be the date on which the 5 sheriff received the completed application. 6 Sec. 6. Section 724.19, Code 2019, is amended to read as 7 follows: 8 724.19 Issuance of permit to acquire. 9 The permit to acquire pistols or revolvers shall may be 10 issued to the applicant immediately upon completion of the 11 application unless the applicant is disqualified under the 12 provisions of section 724.15 . The permit shall have a uniform 13 appearance, size, and content prescribed and published by the 14 commissioner of public safety. The permit shall contain the 15 name of the permittee and the effective date of the permit, 16 but shall not contain the permittee’s social security number. 17 Such a permit shall not be issued for a particular pistol or 18 revolver and shall not contain information about a particular 19 pistol or revolver including the make, model, or serial number 20 of the pistol or revolver, or any ammunition used in that 21 pistol or revolver. 22 Sec. 7. Section 724.21A, subsection 8, Code 2019, is amended 23 by striking the subsection. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the issuance, denial, suspension, or 28 revocation of a permit to carry weapons and a permit to acquire 29 pistols or revolvers. 30 Current law provides that the issuing officer (county 31 sheriff or commissioner of public safety) shall issue a permit 32 to carry weapons to an applicant unless the applicant does 33 not meet certain requirements of Code chapter 724 (weapons). 34 The bill allows the issuing officer to deny the issuance of 35 -4- LSB 1452YH (2) 88 mo/rh 4/ 6
H.F. 32 a permit to carry weapons at the discretion of the issuing 1 officer even if the applicant meets the other requirements 2 of Code chapter 724. The bill allows the issuing officer to 3 suspend or revoke a permit to carry weapons if the issuing 4 officer determines the conditions for the issuance of the 5 permit to carry weapons no longer exist. 6 Current law also provides that an issuing officer shall 7 issue a permit to acquire pistols or revolvers immediately upon 8 completion of the application unless the applicant does not 9 meet certain requirements of Code section 724.15. The bill 10 allows the issuing officer to deny the issuance of a permit to 11 acquire pistols or revolvers at the discretion of the issuing 12 officer. 13 The bill strikes language that requires the issuing officer 14 to reinstate a permit to carry weapons or a permit to acquire 15 pistols or revolvers if the suspension of the permit is 16 based upon an arrest or proceeding that does not result in a 17 disqualifying conviction or finding against the permit holder. 18 Under current law, a person who appeals the decision by 19 the issuing officer to deny an application for a permit to 20 carry weapons or a permit to acquire pistols or revolvers or 21 who suspends or revokes a permit to carry weapons or a permit 22 to acquire pistols or revolvers, and it is later determined 23 on appeal that the person is eligible to be issued or possess 24 a permit to carry weapons or a permit to acquire pistols 25 or revolvers, the person shall be awarded court costs and 26 reasonable attorney fees, and if the person loses or withdraws 27 such an appeal, the government shall be awarded court costs 28 and reasonable attorney fees. The bill strikes the provision 29 relating to awarding court costs and reasonable attorney 30 fees to the prevailing party in an appeal for the denial, 31 suspension, or revocation of a permit to carry weapons or a 32 permit to acquire pistols or revolvers but does not modify the 33 provision allowing for such an appeal. 34 The bill makes conforming Code changes to Code sections 35 -5- LSB 1452YH (2) 88 mo/rh 5/ 6
H.F. 32 724.18 (application procedure for permit to acquire pistols or 1 revolvers) and 724.19 (issuance of permit to acquire pistols 2 or revolvers). 3 -6- LSB 1452YH (2) 88 mo/rh 6/ 6