House File 65 - Introduced HOUSE FILE 65 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 1632YH (3) 89 js/rh

H.F. 65 Section 1. Section 724.7, subsection 1, Code 2021, 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 2021, 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 26 the sheriff or commissioner, who shall, before issuing the 27 permit, shall determine that the requirements of sections 724.6 28 through 724.10 have been satisfied. A renewal applicant shall 29 apply 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 2021, is amended 34 to read as follows: 35 -1- LSB 1632YH (3) 89 js/rh 1/ 6

H.F. 65 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 an officer who determines that the conditions for the 5 issuance of such permit no longer exist, may immediately 6 suspend such permit. An issuing officer proceeding under 7 this section shall immediately notify the permit holder of 8 the suspension by personal service or certified mail on a 9 form prescribed and published by the commissioner of public 10 safety and the suspension shall become effective upon the 11 permit holder’s receipt of such notice. If the suspension is 12 based on an arrest or a proceeding that does not result in a 13 disqualifying conviction or finding against the permit holder, 14 the issuing officer shall immediately reinstate the permit upon 15 receipt of proof of the matter’s final disposition. If the 16 arrest leads to a disqualifying conviction or the proceedings 17 to a disqualifying finding, the issuing officer shall revoke 18 the permit. The issuing officer may also revoke the permit of 19 a person whom the issuing officer later finds was not qualified 20 for such a permit at the time of issuance or who , of a person 21 whom the officer finds provided materially false information 22 on the permit application , or if the officer determines that 23 the conditions for the issuance of such permit no longer exist . 24 A person aggrieved by a suspension or revocation under this 25 section may seek review of the decision pursuant to section 26 724.21A . 27 Sec. 4. Section 724.15, subsections 1 and 4, Code 2021, are 28 amended to read as follows: 29 1. Any person who desires to acquire ownership of any pistol 30 or revolver shall first obtain a permit. A permit shall may be 31 issued upon request to any resident of this state unless the 32 person is subject to any of the following: 33 a. Is less than twenty-one years of age. 34 b. Is subject to the provisions of section 724.26 . 35 -2- LSB 1632YH (3) 89 js/rh 2/ 6

H.F. 65 c. Is prohibited by federal law from shipping, transporting, 1 possessing, or receiving a firearm. 2 4. An issuing officer who finds that a person issued a 3 permit to acquire pistols or revolvers under this chapter 4 has been arrested for a disqualifying offense or who is 5 the subject of proceedings that could lead to the person’s 6 ineligibility for such permit may immediately suspend such 7 permit. An issuing officer proceeding under this subsection 8 shall immediately notify the permit holder of the suspension 9 by personal service or certified mail on a form prescribed 10 and published by the commissioner of public safety and the 11 suspension shall become effective upon the permit holder’s 12 receipt of such notice. If the suspension is based on an 13 arrest or a proceeding that does not result in a disqualifying 14 conviction or finding against the permit holder, the issuing 15 officer shall immediately reinstate the permit upon receipt 16 of proof of the matter’s final disposition. If the arrest 17 leads to a disqualifying conviction or the proceedings to 18 a disqualifying finding, the issuing officer shall revoke 19 the permit. The issuing officer may also revoke the permit 20 of a person whom the issuing officer later finds was not 21 qualified for such a permit at the time of issuance or who 22 whom the officer finds provided materially false information 23 on the permit application. A person aggrieved by a suspension 24 or revocation under this subsection may seek review of the 25 decision pursuant to section 724.21A . 26 Sec. 5. Section 724.18, Code 2021, is amended to read as 27 follows: 28 724.18 Procedure for making application for permit to 29 acquire. 30 A person may personally request the sheriff to mail an 31 application for a permit to acquire pistols or revolvers, 32 and the sheriff shall immediately forward to such person an 33 application for a permit to acquire pistols or revolvers. A 34 person shall upon completion of the application personally 35 -3- LSB 1632YH (3) 89 js/rh 3/ 6

H.F. 65 deliver such application to the sheriff who shall note the 1 period of validity on the application and shall immediately 2 may issue the permit to acquire pistols or revolvers to the 3 applicant and, if such permit is issued, shall note the period 4 of validity on the application . For the purposes of this 5 section the date of application shall be the date on which the 6 sheriff received the completed application. 7 Sec. 6. Section 724.19, Code 2021, is amended to read as 8 follows: 9 724.19 Issuance of permit to acquire. 10 The permit to acquire pistols or revolvers shall may be 11 issued to the applicant immediately upon completion of the 12 application unless the applicant is disqualified under the 13 provisions of section 724.15 . The permit shall have a uniform 14 appearance, size, and content prescribed and published by the 15 commissioner of public safety. The permit shall contain the 16 name of the permittee and the effective date of the permit, 17 but shall not contain the permittee’s social security number. 18 Such a permit shall not be issued for a particular pistol or 19 revolver and shall not contain information about a particular 20 pistol or revolver including the make, model, or serial number 21 of the pistol or revolver, or any ammunition used in that 22 pistol or revolver. 23 Sec. 7. Section 724.21A, subsection 8, Code 2021, is amended 24 by striking the subsection. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the issuance, denial, suspension, or 29 revocation of a permit to carry weapons and a permit to acquire 30 pistols or revolvers. 31 Current law provides that the issuing officer (county 32 sheriff or commissioner of public safety) shall issue a permit 33 to carry weapons to an applicant unless the applicant does 34 not meet certain requirements of Code chapter 724 (weapons). 35 -4- LSB 1632YH (3) 89 js/rh 4/ 6

H.F. 65 The bill allows the issuing officer to deny the issuance of 1 a permit to carry weapons at the discretion of the issuing 2 officer even if the applicant meets the other requirements 3 of Code chapter 724. The bill allows the issuing officer to 4 suspend or revoke a permit to carry weapons if the issuing 5 officer determines the conditions for the issuance of the 6 permit to carry weapons no longer exist. 7 Current law also provides that an issuing officer shall 8 issue a permit to acquire pistols or revolvers immediately upon 9 completion of the application unless the applicant does not 10 meet certain requirements of Code section 724.15. The bill 11 allows the issuing officer to deny the issuance of a permit to 12 acquire pistols or revolvers at the discretion of the issuing 13 officer. 14 The bill strikes language that requires the issuing officer 15 to reinstate a permit to carry weapons or a permit to acquire 16 pistols or revolvers if the suspension of the permit is 17 based upon an arrest or proceeding that does not result in a 18 disqualifying conviction or finding against the permit holder. 19 Under current law, when a person appeals the decision by 20 the issuing officer to deny an application for a permit to 21 carry weapons or a permit to acquire pistols or revolvers or 22 appeals the decision to suspend or revoke a permit to carry 23 weapons or a permit to acquire pistols or revolvers, and it 24 is later determined on appeal that the person is eligible to 25 be issued or possess a permit to carry weapons or a permit to 26 acquire pistols or revolvers, the person shall be awarded court 27 costs and reasonable attorney fees, and if the person loses 28 or withdraws such an appeal, the government shall be awarded 29 court costs and reasonable attorney fees. The bill strikes 30 the provision relating to awarding court costs and reasonable 31 attorney fees to the prevailing party in an appeal for the 32 denial, suspension, or revocation of a permit to carry weapons 33 or a permit to acquire pistols or revolvers but does not modify 34 the provision allowing for such an appeal. 35 -5- LSB 1632YH (3) 89 js/rh 5/ 6

H.F. 65 The bill makes conforming changes to Code sections 724.18 1 (application procedure for permit to acquire pistols or 2 revolvers) and 724.19 (issuance of permit to acquire pistols 3 or revolvers). 4 -6- LSB 1632YH (3) 89 js/rh 6/ 6