HF 2130 (LSB 5811YH (4) 90)

HOUSE FILE 2130

BY  JAMES, BROWN-POWERS, KONFRST, LEVIN, SCHEETZ, CAHILL, WESSEL-KROESCHELL, WILBURN, AMOS JR., SRINIVAS, KURTH, STECKMAN, NIELSEN, GAINES, ABDUL-SAMAD, KRESSIG, STAED, MADISON, WILSON, CROKEN, EHLERT, and BAGNIEWSKI

A BILL FOR

An Act relating to criminal history background checks for the sale or transfer of firearms, providing penalties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724.33  Sale or transfer of firearms —— criminal history background check.
   1.  Unless otherwise authorized by this chapter or federal law, a person shall not sell or transfer a firearm to another person without receiving verification from a licensed firearms dealer that information on the prospective purchaser or transferee has been submitted to the department of public safety for a criminal history background check and that a determination has been received by the department of public safety that the prospective purchaser or transferee is not prohibited under either state or federal law from possessing a firearm. A criminal history background check conducted under this section shall include an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation.
   2.  a.  Except as provided in paragraph “b”, a person who sells or transfers a firearm in violation of this section is guilty of an aggravated misdemeanor.
   b.  A person does not violate this section under any of the following circumstances:
   (1)  A sale or transfer of a firearm to a firearm buyback program sponsored by a law enforcement agency.
   (2)  A transfer of a firearm to another person during an act of justified self-defense or justified defense of another person, provided that the possession after the transfer lasts no longer than is immediately necessary to resolve the emergency.
   (3)  A transfer of a firearm between family members.
   (4)  The receipt of a firearm bequeathed to the recipient.
   3.  A licensed firearms dealer may charge and collect fees for obtaining criminal history record information checks on behalf of sellers or transferors.
   4.  The department of public safety shall adopt rules pursuant to chapter 17A as necessary to carry out the provisions of this section.
   5.  For purposes of this section, “licensed firearms dealer” means the same as defined in section 724.29A.
    Sec. 2.  APPLICABILITY.  This Act applies to the sale or transfer of firearms on or after July 1, 2024.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal history background checks for the sale or transfer of firearms.
   The bill provides that unless otherwise authorized by Code chapter 724 (weapons) or federal law, a person shall not sell or transfer a firearm to another person without receiving verification from a licensed firearms dealer that information on the prospective purchaser or transferee has been submitted to the department of public safety for a criminal history background check and that a determination has been received by the department of public safety that the prospective purchaser or transferee is not prohibited under either state or federal law from possessing a firearm. A criminal history background check must include an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation.
   The bill provides that, except as provided, a person who sells or transfers a firearm in violation of the bill is guilty of an aggravated misdemeanor.
   The bill provides that the following are not violations: a sale or transfer of a firearm to a firearm buyback program sponsored by a law enforcement agency; a transfer of a firearm to another person during an act of justified self-defense or justified defense of another person, provided that the possession after the transfer lasts no longer than is immediately necessary to resolve the emergency; a transfer of a firearm between family members; or the receipt of a firearm bequeathed to the recipient.
   The bill allows a licensed firearms dealer to charge and collect fees for obtaining criminal history record information checks on behalf of sellers or transferors.
   The bill directs the department of public safety to adopt rules as necessary to carry out the provisions of the bill.
   The bill defines a “licensed firearms dealer” to mean the same as defined in Code section 724.29A, which defines a “licensed firearms dealer” as a person who is licensed pursuant to 18 U.S.C. §923 to engage in the business of dealing in firearms.
   The bill applies to the sale or transfer of firearms on or after July 1, 2024.