Senate File 2379 - Reprinted SENATE FILE 2379 BY GRONSTAL (COMPANION TO 6267YH BY McCARTHY ) (As Amended and Passed by the Senate March 27, 2010 ) A BILL FOR An Act relating to permits to carry weapons and permits to 1 acquire pistols and revolvers including the dissemination of 2 information relating to persons suffering from mental and 3 substance abuse health-related disorders and the possession 4 of firearms and providing penalties and an effective date. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2379 (5) 83 rh/rj/jh

S.F. 2379 Section 1. Section 229.24, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. All papers and records pertaining to any involuntary 3 hospitalization or application for involuntary hospitalization 4 of any person under this chapter, whether part of the permanent 5 record of the court or of a file in the department of human 6 services, are subject to inspection only upon an order of the 7 court for good cause shown. Nothing in this section shall 8 prohibit a hospital from complying with the requirements 9 of this chapter and of chapter 230 relative to financial 10 responsibility for the cost of care and treatment provided 11 a patient in that hospital, nor from properly billing any 12 responsible relative or third-party payer for such care and 13 treatment. 14 Sec. 2. Section 229.24, Code 2009, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 4. This section shall not prohibit any of 17 the following: 18 a. A hospital from complying with the requirements of this 19 chapter and of chapter 230 relative to financial responsibility 20 for the cost of care and treatment provided a patient in that 21 hospital or from properly billing any responsible relative or 22 third-party payer for such care or treatment. 23 b. A court or the department of public safety from 24 forwarding to the federal bureau of investigation information 25 that a person has been disqualified from possessing, shipping, 26 transporting, or receiving a firearm pursuant to section 27 724.31. 28 Sec. 3. Section 602.8102, Code 2009, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 125A. Forward information that a person 31 has been disqualified from possessing, shipping, transporting, 32 or receiving a firearm pursuant to section 724.31 to the 33 department of public safety. 34 Sec. 4. NEW SECTION . 724.4C Possession or carrying of 35 -1- SF 2379 (5) 83 rh/rj/jh 1/ 15

S.F. 2379 firearms while under the influence. 1 A permit issued under this chapter is invalid if the person 2 to whom the permit is issued is intoxicated as provided in 3 section 321J.2, subsection 1. 4 Sec. 5. Section 724.7, Code 2009, is amended to read as 5 follows: 6 724.7 Nonprofessional permit to carry weapons. 7 Any person who can reasonably justify going armed may is 8 not disqualified under section 724.8, who satisfies the 9 training requirements of section 724.9, and who files an 10 application in accordance with section 724.10 shall be issued a 11 nonprofessional permit to carry weapons. Such permits shall 12 be on a form prescribed and published by the commissioner of 13 public safety, which shall be readily distinguishable from the 14 professional permit, and shall identify the holder thereof, and 15 state the reason for the issuance of the permit, and the limits 16 of the authority granted by such permit of the permit . Such 17 permits shall not be issued for a particular weapon and shall 18 not contain information about a particular weapon including the 19 make, model, or serial number of the weapon or any ammunition 20 used in that weapon. All permits so issued shall be for a 21 definite period as established by the issuing officer, but in 22 no event shall exceed a period of twelve months five years and 23 shall be valid throughout the state except where the possession 24 or carrying of a firearm is prohibited by state or federal law . 25 Sec. 6. Section 724.8, Code 2009, is amended to read as 26 follows: 27 724.8 Persons eligible for permit to carry weapons. 28 No person shall be issued a professional or nonprofessional 29 permit to carry weapons unless shall be issued to a person who 30 is subject to any of the following : 31 1. The person is Is less than eighteen years of age or 32 older for a professional permit or less than twenty-one years 33 of age for a nonprofessional permit . 34 2. The person has never been convicted of a felony. 35 -2- SF 2379 (5) 83 rh/rj/jh 2/ 15

S.F. 2379 3. 2. The person is not Is addicted to the use of alcohol 1 or any controlled substance . 2 4. 3. The person has no history of repeated acts of 3 violence. Probable cause exists to believe, based upon 4 documented specific actions of the person, where at least one 5 of the actions occurred within two years immediately preceding 6 the date of the permit application, that the person is likely 7 to use a weapon unlawfully or in such other manner as would 8 endanger the person’s self or others. 9 5. The issuing officer reasonably determines that the 10 applicant does not constitute a danger to any person. 11 4. Is subject to the provisions of section 724.26. 12 6. 5. The person has never Has, within the previous three 13 years, been convicted of any crime serious or aggravated 14 misdemeanor defined in chapter 708 , except “assault” as defined 15 in section 708.1 and “harassment” as defined in section 708.7 16 not involving the use of a firearm or explosive . 17 6. Is prohibited by federal law from shipping, 18 transporting, possessing, or receiving a firearm. 19 Sec. 7. Section 724.9, Code 2009, is amended by striking the 20 section and inserting in lieu thereof the following: 21 724.9 Firearm training program. 22 1. An applicant shall demonstrate knowledge of firearm 23 safety by any of the following means: 24 a. Completion of any national rifle association handgun 25 safety training course. 26 b. Completion of any handgun safety training course 27 available to the general public offered by a law enforcement 28 agency, community college, college, private or public 29 institution or organization, or firearms training school, 30 utilizing instructors certified by the national rifle 31 association or the department of public safety or another 32 state’s department of public safety, state police department, 33 or similar certifying body. 34 c. Completion of any handgun safety training course offered 35 -3- SF 2379 (5) 83 rh/rj/jh 3/ 15

S.F. 2379 for security guards, investigators, special deputies, or any 1 division or subdivision of a law enforcement or security 2 enforcement agency approved by the department of public safety. 3 d. Completion of small arms training while serving with the 4 armed forces of the United States as evidenced by any of the 5 following: 6 (1) For personnel released or retired from active duty, 7 possession of an honorable discharge or general discharge under 8 honorable conditions. 9 (2) For personnel on active duty or serving in one of the 10 national guard or reserve components of the armed forces of the 11 United States, possession of a certificate of completion of 12 basic training with a service record of successful completion 13 of small arms training and qualification. 14 e. Completion of a law enforcement agency firearms training 15 course that qualifies a peace officer to carry a firearm in the 16 normal course of the peace officer’s duties. 17 2. Evidence of qualification under this section may be 18 documented by any of the following: 19 a. A photocopy of a certificate of completion or any 20 similar document indicating completion of any course or class 21 identified in subsection 1. 22 b. An affidavit from the instructor, school, organization, 23 or group that conducted or taught a course or class identified 24 in subsection 1 attesting to the completion of the course or 25 class by the applicant. 26 c. A copy of any document indicating participation in any 27 firearms shooting competition. 28 3. An issuing officer shall not condition the issuance of a 29 permit on training requirements that are not specified in or 30 that exceed the requirements of this section. 31 Sec. 8. Section 724.10, Code 2009, is amended to read as 32 follows: 33 724.10 Application for permit to carry weapons —— criminal 34 history background check required. 35 -4- SF 2379 (5) 83 rh/rj/jh 4/ 15

S.F. 2379 1. A person shall not be issued a permit to carry weapons 1 unless the person has completed and signed an application on 2 a form to be prescribed and published by the commissioner of 3 public safety. The application shall state require only the 4 full name, driver’s license or nonoperator’s identification 5 card number, residence, place of birth, and age date of 6 birth of the applicant, and shall state whether the applicant 7 has ever been convicted of a felony, whether the person is 8 addicted to the use of alcohol or any controlled substance, 9 and whether the person has any history of mental illness 10 or repeated acts of violence meets the criteria specified 11 in sections 724.8 and 724.9 . An applicant may provide the 12 applicant’s social security number if the applicant so 13 chooses. The applicant shall also display an identification 14 card that bears a distinguishing number assigned to the 15 cardholder, the full name, date of birth, sex, residence 16 address, and a brief description and colored photograph of the 17 cardholder. 18 2. The sheriff issuing officer, upon receipt of an 19 initial or renewal application under this section, shall 20 conduct immediately conduct a criminal history background check 21 concerning each applicant by obtaining criminal history data 22 from the department of public safety which shall include an 23 inquiry of the national instant criminal background system 24 maintained by the federal bureau of investigation or any 25 successor agency . 26 3. A person who knowingly makes what the person knows to 27 be a false statement of material fact on the an application 28 submitted under this section or who submits what the person 29 knows to be any materially falsified or forged documentation in 30 connection with such an application commits a class “D” felony. 31 Sec. 9. Section 724.11, Code 2009, is amended to read as 32 follows: 33 724.11 Issuance of permit to carry weapons. 34 1. Applications for permits to carry weapons shall be made 35 -5- SF 2379 (5) 83 rh/rj/jh 5/ 15

S.F. 2379 to the sheriff of the county in which the applicant resides. 1 Applications from for professional permits to carry weapons 2 for persons who are nonresidents of the state, or whose need 3 to go armed arises out of employment by the state, shall be 4 made to the commissioner of public safety. In either case, 5 the issuance of the permit shall be by and at the discretion 6 of the sheriff or commissioner , who shall , before issuing the 7 permit, shall determine that the requirements of sections 8 724.6 to 724.10 have been satisfied. However, for renewal of 9 a permit the training program requirements in section 724.9 10 may be waived for renewal permits , subsection 1, shall apply 11 or the renewal applicant may choose to qualify on a firing 12 range under the supervision of an instructor certified by the 13 national rifle association or the department of public safety 14 or another state’s department of public safety, state police 15 department, or similar certifying body. Such training or 16 qualification must occur within the twelve-month period prior 17 to the expiration of the applicant’s current permit . 18 1A. Neither the sheriff nor the commissioner shall 19 require an applicant for a permit to carry weapons to provide 20 information identifying a particular weapon in the application 21 including the make, model, or serial number of the weapon or 22 any ammunition used in that particular weapon. 23 2. The issuing officer shall collect a fee of ten fifty 24 dollars, except from a duly appointed peace officer or 25 correctional officer, for each permit issued. Renewal 26 permits or duplicate permits shall be issued for a fee of 27 five twenty-five dollars , provided the application for such 28 renewal permit is received by the issuing officer at least 29 thirty days prior to the expiration of the applicant’s current 30 permit . The issuing officer shall notify the commissioner 31 of public safety of the issuance of any permit at least 32 monthly and forward to the commissioner an amount equal to 33 two ten dollars for each permit issued and one dollar five 34 dollars for each renewal or duplicate permit issued. All 35 -6- SF 2379 (5) 83 rh/rj/jh 6/ 15

S.F. 2379 such fees received by the commissioner shall be paid to the 1 treasurer of state and deposited in the operating account 2 of the department of public safety to offset the cost of 3 administering this chapter. Any Notwithstanding section 8.33, 4 any unspent balance as of June 30 of each year shall not revert 5 to the general fund as provided by section 8.33 of the state . 6 3. The sheriff or commissioner of public safety shall 7 approve or deny an initial or renewal application submitted 8 under this section within thirty days of receipt of the 9 application. A person whose application for a permit under 10 this chapter is denied may seek review of the denial under 11 section 724.21A. The failure to approve or deny an initial or 12 renewal application shall result in a decision of approval. 13 Sec. 10. NEW SECTION . 724.11A Recognition. 14 A valid permit or license issued by another state to any 15 nonresident of this state shall be considered to be a valid 16 permit or license to carry weapons issued pursuant to this 17 chapter, except that such permit or license shall not be 18 considered to be a substitute for an annual permit to acquire 19 pistols or revolvers issued pursuant to section 724.15. 20 Sec. 11. Section 724.13, Code 2009, is amended by striking 21 the section and inserting in lieu thereof the following: 22 724.13 Suspension or revocation of permit to carry weapons —— 23 criminal history background check. 24 An issuing officer who finds that a person issued a permit 25 to carry weapons under this chapter has been arrested for a 26 disqualifying offense or is the subject of proceedings that 27 could lead to the person’s ineligibility for such permit may 28 immediately suspend such permit. An issuing officer proceeding 29 under this section shall immediately notify the permit holder 30 of the suspension by personal service or certified mail on a 31 form prescribed and published by the commissioner of public 32 safety and the suspension shall become effective upon the 33 permit holder’s receipt of such notice. If the suspension is 34 based on an arrest or a proceeding that does not result in a 35 -7- SF 2379 (5) 83 rh/rj/jh 7/ 15

S.F. 2379 disqualifying conviction or finding against the permit holder, 1 the issuing officer shall immediately reinstate the permit upon 2 receipt of proof of the matter’s final disposition. If the 3 arrest leads to a disqualifying conviction or the proceedings 4 to a disqualifying finding, the issuing officer shall revoke 5 the permit. The issuing officer may also revoke the permit of 6 a person whom the issuing officer later finds was not qualified 7 for such a permit at the time of issuance or who the officer 8 finds provided materially false information on the permit 9 application. A person aggrieved by a suspension or revocation 10 under this section make seek review of the decision pursuant 11 to section 724.21A. 12 The issuing officer may annually conduct a background check 13 concerning a person issued a permit by obtaining criminal 14 history data from the department of public safety. 15 Sec. 12. Section 724.15, Code 2009, is amended to read as 16 follows: 17 724.15 Annual permit to acquire pistols or revolvers. 18 1. Any person who acquires desires to acquire ownership of 19 any pistol or revolver shall first obtain an annual permit. 20 An annual permit shall not be issued upon request to any 21 person resident of this state unless the person is subject to 22 any of the following : 23 a. The person is Is less than twenty-one years of age or 24 older . 25 b. The person has never been convicted of a felony. 26 c. b. The person is not Is addicted to the use of alcohol 27 or a controlled substance. 28 d. The person has no history of repeated acts of violence. 29 e. The person has never been convicted of a crime defined in 30 chapter 708 , except “assault” as defined in section 708.1 and 31 “harassment” as defined in section 708.7 . 32 f. The person has never been adjudged mentally incompetent. 33 c. Is subject to the provisions of section 724.26. 34 d. Is prohibited by federal law from shipping, transporting, 35 -8- SF 2379 (5) 83 rh/rj/jh 8/ 15

S.F. 2379 possessing, or receiving a firearm. 1 2. Any person who acquires ownership of a pistol or revolver 2 shall not be required to obtain an annual permit if any of the 3 following apply : 4 a. The person transferring the pistol or revolver and the 5 person acquiring the pistol or revolver are licensed firearms 6 dealers under federal law ; . 7 b. The pistol or revolver acquired is an antique firearm, a 8 collector’s item, a device which is not designed or redesigned 9 for use as a weapon, a device which is designed solely for use 10 as a signaling, pyrotechnic, line-throwing, safety, or similar 11 device, or a firearm which is unserviceable by reason of being 12 unable to discharge a shot by means of an explosive and is 13 incapable of being readily restored to a firing condition ; or . 14 c. The person acquiring the pistol or revolver is authorized 15 to do so on behalf of a law enforcement agency. 16 d. The person has obtained a valid permit to carry weapons, 17 as provided in section 724.11. 18 e. The person transferring the pistol or revolver and the 19 person acquiring the pistol or revolver are related to one 20 another within the second degree of consanguinity or affinity 21 unless the person transferring the pistol or revolver knows 22 that the person acquiring the pistol or revolver would be 23 ineligible to obtain disqualified from obtaining a permit. 24 3. The annual permit to acquire pistols or revolvers shall 25 authorize the permit holder to acquire one or more pistols or 26 revolvers during the period that the permit remains valid. If 27 the issuing officer determines that the applicant has become 28 disqualified under the provisions of subsection 1, the issuing 29 officer may immediately invalidate revoke the permit and shall 30 provide a written statement of the reasons for revocation, and 31 the applicant shall have the right to appeal the revocation as 32 provided in section 724.21A . 33 4. An issuing officer who finds that a person issued a 34 permit to acquire pistols or revolvers under this chapter 35 -9- SF 2379 (5) 83 rh/rj/jh 9/ 15

S.F. 2379 has been arrested for a disqualifying offense or who is 1 the subject of proceedings that could lead to the person’s 2 ineligibility for such permit may immediately suspend such 3 permit. An issuing officer proceeding under this subsection 4 shall immediately notify the permit holder of the suspension 5 by personal service or certified mail on a form prescribed 6 and published by the commissioner of public safety and the 7 suspension shall become effective upon the permit holder’s 8 receipt of such notice. If the suspension is based on an 9 arrest or a proceeding that does not result in a disqualifying 10 conviction or finding against the permit holder, the issuing 11 officer shall immediately reinstate the permit upon receipt 12 of proof of the matter’s final disposition. If the arrest 13 leads to a disqualifying conviction or the proceedings to a 14 disqualifying finding, the issuing officer shall revoke the 15 permit. The issuing officer may also revoke the permit of a 16 person whom the issuing officer later finds was not qualified 17 for such a permit at the time of issuance or who the officer 18 finds provided materially false information on the permit 19 application. A person aggrieved by a suspension or revocation 20 under this subsection may seek review of the decision, pursuant 21 to section 724.21A. 22 Sec. 13. Section 724.17, Code 2009, is amended to read as 23 follows: 24 724.17 Application for annual permit to acquire —— criminal 25 history check required. 26 The application for an annual permit to acquire pistols 27 or revolvers may be made to the sheriff of the county of 28 the applicant’s residence and shall be on a form prescribed 29 and published by the commissioner of public safety. The 30 application shall state require only the full name of the 31 applicant, the driver’s license or nonoperator’s identification 32 card number of the applicant, the residence of the applicant, 33 and the age date and place of birth of the applicant. The 34 applicant shall also display an identification card that 35 -10- SF 2379 (5) 83 rh/rj/jh 10/ 15

S.F. 2379 bears a distinguishing number assigned to the cardholder, 1 the full name, date of birth, sex, residence address, and 2 brief description and colored photograph of the cardholder, or 3 other identification as specified by rule of the department 4 of public safety. The sheriff shall conduct a criminal 5 history check concerning each applicant by obtaining criminal 6 history data from the department of public safety which shall 7 include an inquiry of the national instant criminal background 8 system maintained by the federal bureau of investigation or 9 any successor agency . A person who knowingly makes a false 10 statement of material fact on the application commits a class 11 “D” felony. A person who makes what the person knows to be a 12 false statement of material fact on an application submitted 13 under this section or who submits what the person knows to be 14 any materially falsified or forged documentation in connection 15 with such an application commits a class “D” felony. 16 Sec. 14. NEW SECTION . 724.21A Denial, suspension, or 17 revocation of permit to carry weapons or permit to acquire 18 pistols or revolvers. 19 1. In any case where the sheriff or the commissioner of 20 public safety denies an application for or suspends or revokes 21 a permit to carry weapons or an annual permit to acquire 22 pistols or revolvers, the sheriff or commissioner shall provide 23 a written statement of the reasons for the denial, suspension, 24 or revocation and the applicant or permit holder shall have the 25 right to appeal the denial, suspension, or revocation to an 26 administrative law judge in the department of inspections and 27 appeals within thirty days of receiving written notice of the 28 denial, suspension, or revocation. 29 2. The applicant or permit holder may file an appeal with 30 an administrative law judge by filing a copy of the denial, 31 suspension, or revocation notice with a written statement that 32 clearly states the applicant’s reasons rebutting the denial, 33 suspension, or revocation along with a fee of ten dollars. 34 Additional supporting information relevant to the proceedings 35 -11- SF 2379 (5) 83 rh/rj/jh 11/ 15

S.F. 2379 may also be included. 1 3. The administrative law judge shall, within forty-five 2 days of receipt of the request for an appeal, set a hearing 3 date. The hearing may be held by telephone or video conference 4 at the discretion of the administrative law judge. The 5 administrative law judge shall receive witness testimony and 6 other evidence relevant to the proceedings at the hearing. The 7 hearing shall be conducted pursuant to chapter 17A. 8 4. Upon conclusion of the hearing, the administrative law 9 judge shall order that the denial, suspension, or revocation 10 of the permit be either rescinded or sustained. An applicant, 11 permit holder, or issuing officer aggrieved by the final 12 judgment of the administrative law judge shall have the right 13 to judicial review in accordance with the terms of the Iowa 14 administrative procedure Act, chapter 17A. 15 5. The standard of review under this section shall be 16 clear and convincing evidence that the issuing officer’s 17 written statement of the reasons for the denial, suspension, or 18 revocation constituted probable cause to deny an application or 19 to suspend or revoke a permit. 20 6. The department of inspections and appeals shall adopt 21 rules pursuant to chapter 17A as necessary to carry out the 22 provisions of this section. 23 7. In any case where the issuing officer denies an 24 application for, or suspends or revokes a permit to carry 25 weapons or an annual permit to acquire pistols or revolvers 26 solely because of an adverse determination by the national 27 instant criminal background check system, the applicant or 28 permit holder shall not seek relief under this section but 29 may pursue relief of the national instant criminal background 30 check system determination pursuant to Pub. L. No. 103-159, 31 sections 103(f) and (g) and 104 and 28 C.F.R. § 25.10, or other 32 applicable law. The outcome of such proceedings shall be 33 binding on the issuing officer. 34 Sec. 15. Section 724.25, subsection 1, Code 2009, is amended 35 -12- SF 2379 (5) 83 rh/rj/jh 12/ 15

S.F. 2379 to read as follows: 1 1. As used in sections 724.8, subsection 2 , and section 2 724.26, the word “felony” means any offense punishable in the 3 jurisdiction where it occurred by imprisonment for a term 4 exceeding one year, but does not include any offense, other 5 than an offense involving a firearm or explosive, classified as 6 a misdemeanor under the laws of the state and punishable by a 7 term of imprisonment of two years or less. 8 Sec. 16. Section 724.27, Code 2009, is amended to read as 9 follows: 10 724.27 Offenders’ rights restored. 11 1. The provisions of section 724.8 , subsection 2 , section 12 724.15, subsection 1, paragraphs “b” and “e” , and section 13 724.26 shall not apply to a person who is eligible to have 14 the person’s civil rights regarding firearms restored under 15 section 914.7 and who is pardoned or has had the person’s civil 16 rights restored by the President of the United States or the 17 chief executive of a state and who is expressly authorized by 18 the President of the United States or such chief executive 19 to receive, transport, or possess firearms or destructive 20 devices. if any of the following occur: 21 a. The person is pardoned by the President of the United 22 States or the chief executive of a state for a disqualifying 23 conviction. 24 b. The person’s civil rights have been restored after a 25 disqualifying conviction, commitment, or adjudication. 26 c. The person’s conviction for a disqualifying offense has 27 been expunged. 28 2. Subsection 1 shall not apply to a person whose pardon, 29 restoration of civil rights, or expungement of conviction 30 expressly forbids the person to receive, transport, or possess 31 firearms or destructive devices. 32 Sec. 17. NEW SECTION . 724.31 Persons subject to mental and 33 substance abuse health-related orders or commitments —— firearms 34 —— restoration of rights —— reports. 35 -13- SF 2379 (5) 83 rh/rj/jh 13/ 15

S.F. 2379 1. A court order referred to in subsection 2 shall include 1 information informing the person who is the subject of the 2 order not to ship, possess, receive, or transport or cause the 3 transport of firearms or ammunition. The clerk of the district 4 court shall forward only such information as is necessary to 5 identify a person subject to an order in subsection 2 to the 6 department of public safety, which in turn shall forward the 7 information to the federal bureau of investigation or its 8 successor agency for the sole purpose of inclusion in the 9 national instant criminal background check system database. 10 2. A court order that does any of the following is subject 11 to this section: 12 a. Orders commitment pursuant to section 125.84. 13 b. Orders commitment pursuant to section 222.31. 14 c. Orders commitment pursuant to section 229.14. 15 d. Finds a defendant incompetent to stand trial pursuant to 16 section 812.5. 17 3. a. A person who is the subject of a court order listed 18 in subsection 2 and who has been released from commitment may 19 petition the court that issued the order or the court in the 20 county where the person resides no earlier than two years from 21 the date of the issuance of the order for relief from the 22 disabilities imposed by 18 U.S.C. section 922(d)(4) and (g)(4). 23 A copy of the petition shall also be served on the director of 24 human services and the county attorney at the county attorney’s 25 office of the county in which the original order occurred, and 26 the director or the county attorney may appear, support, object 27 to, and present evidence relevant to the relief sought by the 28 petitioner. A court considering a petition under this section 29 shall receive evidence concerning all of the following: 30 (1) The circumstances surrounding the original issuance of 31 the order in subsection 2. 32 (2) The petitioner’s mental health and criminal history. 33 (3) The petitioner’s reputation and character. 34 (4) Any changes in the petitioner’s condition or 35 -14- SF 2379 (5) 83 rh/rj/jh 14/ 15

S.F. 2379 circumstances since the issuance of the order in subsection 2 1 that are relevant to the relief sought. 2 b. The court shall grant a petition filed pursuant to 3 paragraph “a” if the court finds by a preponderance of the 4 evidence that the petitioner will not be likely to act in a 5 manner dangerous to the public safety and that the granting 6 of the relief would not be contrary to the public interest. 7 The petitioner may appeal a denial of the requested relief and 8 the review shall be de novo. A person may file a petition 9 for relief under this subsection not more than once every two 10 years. 11 c. If a court issues an order granting a petition for 12 relief under paragraph “b” , the clerk of the district court 13 shall immediately forward only such information as is necessary 14 to identify a person granted relief to the department of 15 public safety which, upon receipt, shall immediately forward 16 such information as is necessary to the federal bureau of 17 investigation or its successor agency to update the national 18 instant criminal background check system database with the 19 relief from disabilities. 20 Sec. 18. TRANSITION PROVISIONS. A permit issued under 21 chapter 724 prior to January 1, 2011, remains effective and 22 continues in effect as issued for the twelve-month period 23 following its issuance. This Act does not preclude the permit 24 holder from seeking to renew the permit under this Act prior to 25 the expiration of the twelve-month period. 26 Sec. 19. EFFECTIVE DATE. This Act takes effect January 1, 27 2011. 28 -15- SF 2379 (5) 83 rh/rj/jh 15/ 15