HSB 280 (LSB 2935YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to weapons, including eligibility-to-carry requirements and terms used, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.8, subsections 2, 3, and 5, Code 2025, are amended by striking the subsections.
    Sec. 2.  Section 724.8B, Code 2025, is amended to read as follows:
   724.8B  Persons ineligible to carry dangerous weapons firearms.
   A person determined to be ineligible to receive a permit to carry weapons firearms under section 724.8, subsection 2, 3, 4, 5, or 6, a person who illegally possesses a controlled substance included in chapter 124, subchapter II, or a person who is committing an indictable offense is prohibited from carrying dangerous weapons firearms. Unless otherwise provided by law, a person who violates this section commits a serious misdemeanor.
    Sec. 3.  Section 724.15, subsection 2, paragraph d, Code 2025, is amended by striking the paragraph.
    Sec. 4.  Section 724.15, subsection 3, Code 2025, is amended to read as follows:
   3.  An issuing officer who finds that a person issued a permit to acquire pistols or revolvers firearms under this chapter has been arrested for a disqualifying offense or is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter’s final disposition. If the arrest leads to a disqualifying conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or whom the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision pursuant to section 724.21A.
    Sec. 5.  Section 724.16, subsections 1 and 2, Code 2025, are amended to read as follows:
   1.  A person shall not transfer a firearm to another person if the person knows or reasonably should know that the other person is ineligible to possess dangerous weapons carry firearms pursuant to section 724.8B, is intoxicated as provided under the conditions set out in section 321J.2, subsection 1, or is prohibited from receiving or possessing a firearm under section 724.26 or federal law.
   2.  A person shall not loan or rent a firearm to another person for temporary use during lawful activities if the person knows or reasonably should know that the other person is ineligible to possess dangerous weapons carry firearms pursuant to section 724.8B, is intoxicated as provided under the conditions set out in section 321J.2, subsection 1, or is prohibited from receiving or possessing a firearm under section 724.26 or federal law.
    Sec. 6.  Section 724.17, subsection 1, Code 2025, is amended to read as follows:
   1.  The application for a permit to acquire pistols or revolvers firearms may be made to the sheriff of the county of the applicant’s residence and shall be on a form prescribed and published by the commissioner of public safety. The application shall require only the full name of the applicant, the driver’s license or nonoperator’s identification card number of the applicant, the residence of the applicant, the date and place of birth of the applicant, and whether the applicant meets the criteria specified in section 724.15. The applicant shall also display an identification card that bears a distinguishing number assigned to the cardholder, the full name, date of birth, sex, residence address, and brief description and color photograph of the cardholder, or other identification as specified by rule of the department of public safety. The sheriff shall conduct a criminal history check concerning each applicant by obtaining criminal history data from the department of public safety which shall include an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation or any successor agency. A person who makes what the person knows to be a false statement of material fact on an application submitted under this section or who submits what the person knows to be any materially falsified or forged documentation in connection with such an application commits a class “D” felony.
    Sec. 7.  Section 724.18, Code 2025, is amended to read as follows:
   724.18  Procedure for making application for permit to acquire.
   A person may personally request the sheriff to mail an application for a permit to acquire pistols or revolvers firearms, and the sheriff shall immediately forward to such person an application for a permit to acquire pistols or revolvers firearms. A person shall upon completion of the application personally deliver such application to the sheriff who shall note the period of validity on the application and shall immediately issue the permit to acquire pistols or revolvers firearms to the applicant. For the purposes of this section the date of application shall be the date on which the sheriff received the completed application.
    Sec. 8.  Section 724.19, Code 2025, is amended to read as follows:
   724.19  Issuance of permit to acquire.
   The permit to acquire pistols or revolvers firearms shall be issued to the applicant immediately upon completion of the application unless the applicant is disqualified under the provisions of section 724.15. The issuing officer shall notify the commissioner of public safety of the issuance of any permit at least monthly and forward to the commissioner an amount equal to five dollars for each permit issued. Except as provided in subsection 2, the permit shall have a uniform appearance, size, and content prescribed and published by the commissioner of public safety. The permit shall contain the name of the permittee and the effective date of the permit, but shall not contain the permittee’s social security number. Such a permit shall not be issued for a particular pistol or revolver firearm and shall not contain information about a particular pistol or revolver firearm including the make, model, or serial number of the pistol or revolver firearm, or any ammunition used in that pistol or revolver firearm.
    Sec. 9.  Section 724.20, Code 2025, is amended to read as follows:
   724.20  Validity of permit to acquire pistols or revolvers firearms.
   The permit to acquire firearms shall be valid throughout the state and shall be valid three days after the date of application and shall be invalid five years after the date of issuance.
    Sec. 10.  Section 724.21A, subsections 1, 7, and 8, Code 2025, are amended to read as follows:
   1.  In any case where when the sheriff or the commissioner of public safety denies an application for or suspends or revokes a permit to carry weapons or a permit to acquire pistols or revolvers firearms, the sheriff or commissioner shall provide a written statement of the reasons for the denial, suspension, or revocation and the applicant or permit holder shall have the right to appeal the denial, suspension, or revocation to an administrative law judge in the department of inspections, appeals, and licensing within thirty days of receiving written notice of the denial, suspension, or revocation.
   7.  In any case where the issuing officer denies an application for, or suspends or revokes a permit to carry weapons or a permit to acquire pistols or revolvers firearms solely because of an adverse determination by the national instant criminal background check system, the applicant or permit holder shall not seek relief under this section but may pursue relief of the national instant criminal background check system determination pursuant to Pub. L. No. 103-159, sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other applicable law. The outcome of such proceedings shall be binding on the issuing officer.
   8.  If an applicant or permit holder appeals the decision by the sheriff or commissioner to deny an application for or suspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers firearms, and it is later determined on appeal the applicant or permit holder is eligible to be issued or possess a permit to carry weapons or a permit to acquire pistols or revolvers firearms, the applicant or permit holder shall be awarded court costs and reasonable attorney fees. If the decision of the sheriff or commissioner to deny an application for or suspend or revoke a permit to carry weapons or a permit to acquire pistols or revolvers firearms is upheld on appeal, or the applicant or permit holder withdraws or dismisses the appeal, the political subdivision of the state representing the sheriff or the state department representing the commissioner shall be awarded court costs and reasonable attorney fees.
    Sec. 11.  Section 724.23, subsection 2, paragraphs a and b, Code 2025, are amended to read as follows:
   a.  Notwithstanding any other law or rule to the contrary, the commissioner of public safety and any issuing officer shall keep confidential personally identifiable information of holders of professional or nonprofessional permits to carry weapons and permits to acquire pistols or revolvers firearms, including but not limited to the name, social security number, date of birth, residential or business address, and driver’s license or other identification number of the applicant or permit holder.
   b.  This subsection shall not prohibit the release of statistical information relating to the issuance, denial, revocation, or administration of professional or nonprofessional permits to carry weapons and permits to acquire pistols or revolvers firearms, provided that the release of such information does not reveal the identity of any individual permit holder.
    Sec. 12.  REPEAL.  Section 724.31A, Code 2025, is repealed.
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 weapons, including eligibility-to-carry requirements and terms used.
   Under current law, a person is ineligible to receive a permit to carry weapons and to carry dangerous weapons if the person is addicted to the use of alcohol; if probable cause exists to believe, based upon documented specific actions of the person, when at least one of the actions occurred within two years immediately preceding the date of the permit application, that the person is likely to use a weapon unlawfully or in such other manner as would endanger the person’s self or others; or if the person has been convicted within the last three years of a serious or aggravated misdemeanor not involving firearms or explosives. The bill removes these ineligibility conditions.
   Under current law, a person is prohibited from acquiring a pistol or revolver if the person is ineligible to possess a dangerous weapon pursuant to Code section 724.8B. The bill removes this prohibition. The bill also removes identification and notification requirements for the clerk of court and department of public safety for persons prohibited from acquiring a pistol or revolver to conform to changes pursuant to the bill.
   Under current law, a person shall not transfer, loan, or rent a firearm to another if that person knows the other person is ineligible to possess dangerous weapons pursuant to Code section 724.8B. The bill changes the word “possess” to “carry” and instances of “dangerous weapons” to “firearms”. The bill also changes references of “permit to acquire pistols or revolvers” in Code chapter 724 to “permit to acquire firearms”.
   The bill requires the issuing officer to notify the commissioner of the issuance of any permit to acquire firearms at least monthly and forward to the commissioner $5 for each permit issued to acquire firearms.