House File 83 - Introduced HOUSE FILE 83 BY ABDUL-SAMAD A BILL FOR An Act relating to the sale or transfer of firearms, providing 1 penalties, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1970YH (1) 88 mo/rh
H.F. 83 Section 1. NEW SECTION . 724.32 Sale or transfer of firearms 1 —— criminal history background check. 2 1. A person shall not sell or transfer a firearm to another 3 person without receiving verification from a federally licensed 4 firearms dealer that information on the prospective purchaser 5 or transferee has been submitted to the department of public 6 safety for a criminal history background check and that a 7 determination has been received by the department of public 8 safety that the prospective purchaser or transferee is not 9 prohibited under either state or federal law from possessing a 10 firearm. A criminal history background check conducted under 11 this section shall include an inquiry of the national instant 12 criminal background check system maintained by the federal 13 bureau of investigation. 14 2. A person who sells or transfers a firearm in violation of 15 this section is guilty of an aggravated misdemeanor. 16 3. A federally licensed firearms dealer may charge and 17 collect fees for obtaining criminal history record information 18 checks on behalf of sellers or transferors. 19 4. The department of public safety shall adopt rules 20 pursuant to chapter 17A to administer this section. 21 Sec. 2. APPLICABILITY. This Act applies to the sale or 22 transfer of firearms on or after July 1, 2019. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the sale or transfer of firearms, 27 provides penalties, and includes applicability provisions. 28 The bill prohibits a person from selling or transferring a 29 firearm to another person without receiving verification from 30 a federally licensed firearms dealer that information on the 31 prospective purchaser or transferee has been submitted to the 32 department of public safety for a criminal history background 33 check and that a determination has been received by the 34 department of public safety that the prospective purchaser or 35 -1- LSB 1970YH (1) 88 mo/rh 1/ 2
H.F. 83 transferee is not prohibited under either state or federal law 1 from possessing a firearm. A criminal history background check 2 under the bill includes an inquiry of the national instant 3 criminal background check system maintained by the federal 4 bureau of investigation. 5 The bill provides that a person who sells or transfers a 6 firearm in violation of the bill is guilty of an aggravated 7 misdemeanor, punishable by confinement for no more than two 8 years and a fine of at least $625 but not more than $6,250. 9 The bill provides that a federally licensed firearms dealer 10 may charge and collect fees for obtaining criminal history 11 record information checks on behalf of sellers and transferors 12 and the department of public safety shall adopt administrative 13 rules to administer the bill. 14 The bill applies to the sale or transfer of firearms on or 15 after July 1, 2019. 16 -2- LSB 1970YH (1) 88 mo/rh 2/ 2