SF 2123 (LSB 5444XS (3) 91)

SENATE FILE 2123

BY  STAED, ZIMMER, PETERSEN, TOWNSEND, BISIGNANO, DREY, and DONAHUE

A BILL FOR

An Act relating to identification markings on firearms and firearm parts, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724.33  Identification marks on firearms —— manufacturing firearms —— penalties.
   1.  As used in this section:
   a.  “Antique firearm” means the same as the term is defined in 18 U.S.C. §921.
   b.  “Department” means the department of public safety.
   c.  “Firearm” means the same as the term is defined in 18 U.S.C. §921.
   d.  “Manufacture” means to fabricate or construct a firearm, including the initial assembly.
   e.  “Security exemplar” means the same as the term is defined in 18 U.S.C. §922.
   f.  “Unfinished frame or lower receiver” means a blank, casting, or machined body intended to be turned into the frame or lower receiver of a firearm, with additional machining, and that has been formed or machined to the point at which most major machining operations have been completed to turn the blank, casting, or machined body into a frame or lower receiver of a firearm, even if the fire control cavity area of such blank, casting, or machined body is still completely solid and unmachined. “Unfinished frame or lower receiver” does not include a firearm.
   2.  No later than December 1, 2026, the department, in consultation with the bureau of alcohol, tobacco, firearms, and explosives as necessary, shall develop and maintain a system to distribute a unique serial number or other mark of identification to any person requesting such number or mark pursuant to subsection 4 or 5. The department shall provide notice that the system is operational by posting a notification on the department’s internet site and by electronically notifying federally licensed firearms dealers. The department shall maintain identifying information of the person requesting the number or mark and of the firearm or unfinished frame or lower receiver for which each number or mark is requested.
   3.  No person shall remove, deface, alter, or obliterate the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name.
   4.  a.  A person shall not complete the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from the department pursuant to paragraph “b” and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. §923(i) and any regulation adopted thereunder.
   b.  No later than thirty days after a person completes the manufacture of a firearm, or ninety days after the department provides notice pursuant to subsection 2, whichever date is later, the person shall request a unique serial number or other mark of identification by notifying the department of such manufacture and providing any identifying information to the department concerning the firearm and the owner of such firearm in a manner prescribed by the department. Upon receiving a properly submitted request for a unique serial number or other mark of identification from a person who completes the manufacture of a firearm, the department shall determine if the person is prohibited from purchasing or possessing a firearm. If the person is not prohibited from purchasing or possessing a firearm, the department shall issue to the person a unique serial number or other mark of identification no later than three business days after the person makes such request. Issuance of a unique serial number or other mark of identification pursuant to this subsection shall not be considered evidence that the firearm is otherwise lawfully possessed.
   c.  A person shall not transfer to another person a firearm manufactured in violation of this subsection.
   d.  A person shall not facilitate, aid, or abet the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing.
   e.  The provisions of this subsection do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed pursuant to subsection 5.
   f.  The provisions of this subsection do not apply to any of the following:
   (1)  The manufacture of firearms by a federally licensed firearms manufacturer.
   (2)  Any antique firearm or any firearm manufactured prior to the effective date of this Act, provided such firearm is otherwise lawfully possessed.
   (3)  The delivery or transfer of a firearm to a law enforcement agency.
   5.  a.  A person shall not sell, deliver, or otherwise transfer an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the system developed in subsection 2.
   b.  A person may request a unique serial number or other mark of identification for an unfinished frame or lower receiver by providing any identifying information to the department concerning the unfinished frame or lower receiver and the owner of such unfinished frame or lower receiver in a manner prescribed by the department. Upon receiving a properly submitted request for a unique serial number or other mark of identification for an unfinished frame or lower receiver, the department shall determine if the person is prohibited from purchasing or possessing a firearm. If the person is not prohibited from purchasing or possessing a firearm, the department shall issue to the person a unique serial number or other mark of identification no later than three business days after the person makes such request or ten days after the department provides notice pursuant to subsection 2, whichever date is later.
   c.  A unique serial number or other identifying mark obtained pursuant to paragraph “b” shall be engraved upon or permanently affixed to the unfinished frame or lower receiver in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. §923(i) and any regulation adopted thereunder.
   d.  A person may arrange in advance to deliver and transfer an unfinished frame or lower receiver to the department or to a police department.
   e.  On or after December 1, 2026, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law.
   f.  The provisions of this subsection do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between any of the following:
   (1)  A federally licensed firearms manufacturer and a federally licensed firearms dealer.
   (2)  A federally licensed firearms importer and a federally licensed firearms dealer.
   (3)  Multiple federally licensed firearms dealers.
   6.  A person shall not manufacture any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar.
   7.  a.  Except as otherwise provided in paragraph “b”, a person who violates a provision of this section commits a class “C” felony.
   b.  A person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of this section knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony.
   c.  Any firearm or unfinished frame or lower receiver possessed in violation of a provision of this section shall be forfeited to the department.
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 identification markings on firearms and firearm parts.
   The bill requires the department of public safety (DPS), in consultation with the bureau of alcohol, tobacco, firearms, and explosives as necessary, by December 1, 2026, to develop and maintain a system to distribute a unique serial number or other mark of identification for a firearm or unfinished frame or lower receiver intended to be a part of a firearm to any person requesting such number or mark. The bill prohibits a person from removing, defacing, altering, or obliterating the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name.
   The bill prohibits a person from completing the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from DPS and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with federal requirements. The bill prohibits a person from transferring to another person a firearm manufactured in violation of the bill or facilitating, aiding, or abetting the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing.
   The prohibitions relating to the manufacture or transfer of firearms that do not have a proper identifying mark do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed; to the manufacture of firearms by a federally licensed firearms manufacturer; to any antique firearm or any firearm manufactured prior to the effective date of the bill, provided such firearm is otherwise lawfully possessed; or to the delivery or transfer of a firearm to a law enforcement agency.
   The bill prohibits a person from selling, delivering, or otherwise transferring an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the bill. Beginning December 1, 2026, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law. These provisions do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between a federally licensed firearms manufacturer and a federally licensed firearms dealer, a federally licensed firearms importer and a federally licensed firearms dealer, or multiple federally licensed firearms dealers.
   The bill prohibits a person from manufacturing any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar.
   Generally, a person who violates a provision of the bill commits a class “C” felony. However, a person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of the bill knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony. Any firearm or unfinished frame or lower receiver possessed in violation of the bill shall be forfeited to DPS.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than 25 years.