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House File 32 - IntroducedA Bill ForAn Act 1relating to the issuance, denial, suspension, or
2revocation of a permit to carry weapons and a permit to
3acquire pistols or revolvers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.7, subsection 1, Code 2019, is
2amended to read as follows:
31. Any person who is not disqualified under section 724.8,
4who satisfies the training requirements of section 724.9,
5and who files an application in accordance with section
6724.10 shall may be issued a nonprofessional permit to carry
7weapons. Such permits shall be on a form prescribed and
8published by the commissioner of public safety, which shall
9be readily distinguishable from the professional permit, and
10shall identify the holder of the permit. Such permits shall
11not be issued for a particular weapon and shall not contain
12information about a particular weapon including the make,
13model, or serial number of the weapon or any ammunition used
14in that weapon. All permits so issued shall be for a period of
15five years and shall be valid throughout the state except where
16the possession or carrying of a firearm is prohibited by state
17or federal law.
18 Sec. 2. Section 724.11, subsection 1, Code 2019, is amended
19to read as follows:
201. Applications for permits to carry weapons shall be made
21to the sheriff of the county in which the applicant resides.
22Applications for professional permits to carry weapons for
23persons who are nonresidents of the state, or whose need to
24go armed arises out of employment by the state, shall be made
25to the commissioner of public safety. In either case, the
26issuance of the permit shall be by and at the discretion of the
27 sheriff or commissioner, who shall, before issuing the permit,
28shall determine that the requirements of sections 724.6 to
29724.10 have been satisfied. A renewal applicant shall apply
30within thirty days prior to the expiration of the permit,
31or within thirty days after the expiration of the permit;
32otherwise the applicant shall be considered an applicant for an
33initial permit for purposes of renewal fees under subsection 3.
34 Sec. 3. Section 724.13, subsection 1, Code 2019, is amended
35to read as follows:
-1- 11. An issuing officer who finds that a person issued a
2permit to carry weapons under this chapter has been arrested
3for a disqualifying offense, or is the subject of proceedings
4that could lead to the person’s ineligibility for such permit,
5or determines the conditions for the issuance of such permit
6no longer exist, may immediately suspend such permit. An
7issuing officer proceeding under this section shall immediately
8notify the permit holder of the suspension by personal service
9or certified mail on a form prescribed and published by the
10commissioner of public safety and the suspension shall become
11effective upon the permit holder’s receipt of such notice. If
12the suspension is based on an arrest or a proceeding that does
13not result in a disqualifying conviction or finding against
14the permit holder, the issuing officer shall immediately
15reinstate the permit upon receipt of proof of the matter’s
16final disposition. If the arrest leads to a disqualifying
17conviction or the proceedings to a disqualifying finding, the
18issuing officer shall revoke the permit. The issuing officer
19may also revoke the permit of a person whom the issuing officer
20later finds was not qualified for such a permit at the time
21of issuance, or who the officer finds provided materially
22false information on the permit application, or if the officer
23determines that the conditions for the issuance of such
24permit no longer exist. A person aggrieved by a suspension or
25revocation under this section may seek review of the decision
26pursuant to section 724.21A.
27 Sec. 4. Section 724.15, subsections 1 and 4, Code 2019, are
28amended to read as follows:
291. Any person who desires to acquire ownership of any pistol
30or revolver shall first obtain a permit. A permit shall may be
31issued upon request to any resident of this state unless the
32person is subject to any of the following:
33a. Is less than twenty-one years of age.
34b. Is subject to the provisions of section 724.26.
35c. Is prohibited by federal law from shipping, transporting,
-2-1possessing, or receiving a firearm.
24. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4has been arrested for a disqualifying offense or who is
5the subject of proceedings that could lead to the person’s
6ineligibility for such permit may immediately suspend such
7permit. An issuing officer proceeding under this subsection
8shall immediately notify the permit holder of the suspension
9by personal service or certified mail on a form prescribed
10and published by the commissioner of public safety and the
11suspension shall become effective upon the permit holder’s
12receipt of such notice. If the suspension is based on an
13arrest or a proceeding that does not result in a disqualifying
14conviction or finding against the permit holder, the issuing
15officer shall immediately reinstate the permit upon receipt
16of proof of the matter’s final disposition. If the arrest
17leads to a disqualifying conviction or the proceedings to a
18disqualifying finding, the issuing officer shall revoke the
19permit. The issuing officer may also revoke the permit of a
20person whom the issuing officer later finds was not qualified
21for such a permit at the time of issuance or who the officer
22finds provided materially false information on the permit
23application. A person aggrieved by a suspension or revocation
24under this subsection may seek review of the decision pursuant
25to section 724.21A.
26 Sec. 5. Section 724.18, Code 2019, is amended to read as
27follows:
28724.18 Procedure for making application for permit to
29acquire.
30A person may personally request the sheriff to mail an
31application for a permit to acquire pistols or revolvers,
32and the sheriff shall immediately forward to such person an
33application for a permit to acquire pistols or revolvers. A
34person shall upon completion of the application personally
35deliver such application to the sheriff who shall note the
-3-1period of validity on the application and shall immediately
2 may issue the permit to acquire pistols or revolvers to the
3applicant and, if such permit is issued, shall note the period
4of validity on the application. For the purposes of this
5section the date of application shall be the date on which the
6sheriff received the completed application.
7 Sec. 6. Section 724.19, Code 2019, is amended to read as
8follows:
9724.19 Issuance of permit to acquire.
10The permit to acquire pistols or revolvers shall may be
11issued to the applicant immediately upon completion of the
12application unless the applicant is disqualified under the
13provisions of section 724.15. The permit shall have a uniform
14appearance, size, and content prescribed and published by the
15commissioner of public safety. The permit shall contain the
16name of the permittee and the effective date of the permit,
17but shall not contain the permittee’s social security number.
18Such a permit shall not be issued for a particular pistol or
19revolver and shall not contain information about a particular
20pistol or revolver including the make, model, or serial number
21of the pistol or revolver, or any ammunition used in that
22pistol or revolver.
23 Sec. 7. Section 724.21A, subsection 8, Code 2019, is amended
24by striking the subsection.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the issuance, denial, suspension, or
29revocation of a permit to carry weapons and a permit to acquire
30pistols or revolvers.
31Current law provides that the issuing officer (county
32sheriff or commissioner of public safety) shall issue a permit
33to carry weapons to an applicant unless the applicant does
34not meet certain requirements of Code chapter 724 (weapons).
35The bill allows the issuing officer to deny the issuance of
-4-1a permit to carry weapons at the discretion of the issuing
2officer even if the applicant meets the other requirements
3of Code chapter 724. The bill allows the issuing officer to
4suspend or revoke a permit to carry weapons if the issuing
5officer determines the conditions for the issuance of the
6permit to carry weapons no longer exist.
7Current law also provides that an issuing officer shall
8issue a permit to acquire pistols or revolvers immediately upon
9completion of the application unless the applicant does not
10meet certain requirements of Code section 724.15. The bill
11allows the issuing officer to deny the issuance of a permit to
12acquire pistols or revolvers at the discretion of the issuing
13officer.
14The bill strikes language that requires the issuing officer
15to reinstate a permit to carry weapons or a permit to acquire
16pistols or revolvers if the suspension of the permit is
17based upon an arrest or proceeding that does not result in a
18disqualifying conviction or finding against the permit holder.
19Under current law, a person who appeals the decision by
20the issuing officer to deny an application for a permit to
21carry weapons or a permit to acquire pistols or revolvers or
22who suspends or revokes a permit to carry weapons or a permit
23to acquire pistols or revolvers, and it is later determined
24on appeal that the person is eligible to be issued or possess
25a permit to carry weapons or a permit to acquire pistols
26or revolvers, the person shall be awarded court costs and
27reasonable attorney fees, and if the person loses or withdraws
28such an appeal, the government shall be awarded court costs
29and reasonable attorney fees. The bill strikes the provision
30relating to awarding court costs and reasonable attorney
31fees to the prevailing party in an appeal for the denial,
32suspension, or revocation of a permit to carry weapons or a
33permit to acquire pistols or revolvers but does not modify the
34provision allowing for such an appeal.
35The bill makes conforming Code changes to Code sections
-5-1724.18 (application procedure for permit to acquire pistols or
2revolvers) and 724.19 (issuance of permit to acquire pistols
3or revolvers).
-6-mo/rh
2revocation of a permit to carry weapons and a permit to
3acquire pistols or revolvers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.7, subsection 1, Code 2019, is
2amended to read as follows:
31. Any person who is not disqualified under section 724.8,
4who satisfies the training requirements of section 724.9,
5and who files an application in accordance with section
6724.10 shall may be issued a nonprofessional permit to carry
7weapons. Such permits shall be on a form prescribed and
8published by the commissioner of public safety, which shall
9be readily distinguishable from the professional permit, and
10shall identify the holder of the permit. Such permits shall
11not be issued for a particular weapon and shall not contain
12information about a particular weapon including the make,
13model, or serial number of the weapon or any ammunition used
14in that weapon. All permits so issued shall be for a period of
15five years and shall be valid throughout the state except where
16the possession or carrying of a firearm is prohibited by state
17or federal law.
18 Sec. 2. Section 724.11, subsection 1, Code 2019, is amended
19to read as follows:
201. Applications for permits to carry weapons shall be made
21to the sheriff of the county in which the applicant resides.
22Applications for professional permits to carry weapons for
23persons who are nonresidents of the state, or whose need to
24go armed arises out of employment by the state, shall be made
25to the commissioner of public safety. In either case, the
26issuance of the permit shall be by and at the discretion of the
27 sheriff or commissioner, who shall, before issuing the permit,
28shall determine that the requirements of sections 724.6 to
29724.10 have been satisfied. A renewal applicant shall apply
30within thirty days prior to the expiration of the permit,
31or within thirty days after the expiration of the permit;
32otherwise the applicant shall be considered an applicant for an
33initial permit for purposes of renewal fees under subsection 3.
34 Sec. 3. Section 724.13, subsection 1, Code 2019, is amended
35to read as follows:
-1- 11. An issuing officer who finds that a person issued a
2permit to carry weapons under this chapter has been arrested
3for a disqualifying offense, or is the subject of proceedings
4that could lead to the person’s ineligibility for such permit,
5or determines the conditions for the issuance of such permit
6no longer exist, may immediately suspend such permit. An
7issuing officer proceeding under this section shall immediately
8notify the permit holder of the suspension by personal service
9or certified mail on a form prescribed and published by the
10commissioner of public safety and the suspension shall become
11effective upon the permit holder’s receipt of such notice. If
12the suspension is based on an arrest or a proceeding that does
13not result in a disqualifying conviction or finding against
14the permit holder, the issuing officer shall immediately
15reinstate the permit upon receipt of proof of the matter’s
16final disposition. If the arrest leads to a disqualifying
17conviction or the proceedings to a disqualifying finding, the
18issuing officer shall revoke the permit. The issuing officer
19may also revoke the permit of a person whom the issuing officer
20later finds was not qualified for such a permit at the time
21of issuance, or who the officer finds provided materially
22false information on the permit application, or if the officer
23determines that the conditions for the issuance of such
24permit no longer exist. A person aggrieved by a suspension or
25revocation under this section may seek review of the decision
26pursuant to section 724.21A.
27 Sec. 4. Section 724.15, subsections 1 and 4, Code 2019, are
28amended to read as follows:
291. Any person who desires to acquire ownership of any pistol
30or revolver shall first obtain a permit. A permit shall may be
31issued upon request to any resident of this state unless the
32person is subject to any of the following:
33a. Is less than twenty-one years of age.
34b. Is subject to the provisions of section 724.26.
35c. Is prohibited by federal law from shipping, transporting,
-2-1possessing, or receiving a firearm.
24. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4has been arrested for a disqualifying offense or who is
5the subject of proceedings that could lead to the person’s
6ineligibility for such permit may immediately suspend such
7permit. An issuing officer proceeding under this subsection
8shall immediately notify the permit holder of the suspension
9by personal service or certified mail on a form prescribed
10and published by the commissioner of public safety and the
11suspension shall become effective upon the permit holder’s
12receipt of such notice. If the suspension is based on an
13arrest or a proceeding that does not result in a disqualifying
14conviction or finding against the permit holder, the issuing
15officer shall immediately reinstate the permit upon receipt
16of proof of the matter’s final disposition. If the arrest
17leads to a disqualifying conviction or the proceedings to a
18disqualifying finding, the issuing officer shall revoke the
19permit. The issuing officer may also revoke the permit of a
20person whom the issuing officer later finds was not qualified
21for such a permit at the time of issuance or who the officer
22finds provided materially false information on the permit
23application. A person aggrieved by a suspension or revocation
24under this subsection may seek review of the decision pursuant
25to section 724.21A.
26 Sec. 5. Section 724.18, Code 2019, is amended to read as
27follows:
28724.18 Procedure for making application for permit to
29acquire.
30A person may personally request the sheriff to mail an
31application for a permit to acquire pistols or revolvers,
32and the sheriff shall immediately forward to such person an
33application for a permit to acquire pistols or revolvers. A
34person shall upon completion of the application personally
35deliver such application to the sheriff who shall note the
-3-1period of validity on the application and shall immediately
2 may issue the permit to acquire pistols or revolvers to the
3applicant and, if such permit is issued, shall note the period
4of validity on the application. For the purposes of this
5section the date of application shall be the date on which the
6sheriff received the completed application.
7 Sec. 6. Section 724.19, Code 2019, is amended to read as
8follows:
9724.19 Issuance of permit to acquire.
10The permit to acquire pistols or revolvers shall may be
11issued to the applicant immediately upon completion of the
12application unless the applicant is disqualified under the
13provisions of section 724.15. The permit shall have a uniform
14appearance, size, and content prescribed and published by the
15commissioner of public safety. The permit shall contain the
16name of the permittee and the effective date of the permit,
17but shall not contain the permittee’s social security number.
18Such a permit shall not be issued for a particular pistol or
19revolver and shall not contain information about a particular
20pistol or revolver including the make, model, or serial number
21of the pistol or revolver, or any ammunition used in that
22pistol or revolver.
23 Sec. 7. Section 724.21A, subsection 8, Code 2019, is amended
24by striking the subsection.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the issuance, denial, suspension, or
29revocation of a permit to carry weapons and a permit to acquire
30pistols or revolvers.
31Current law provides that the issuing officer (county
32sheriff or commissioner of public safety) shall issue a permit
33to carry weapons to an applicant unless the applicant does
34not meet certain requirements of Code chapter 724 (weapons).
35The bill allows the issuing officer to deny the issuance of
-4-1a permit to carry weapons at the discretion of the issuing
2officer even if the applicant meets the other requirements
3of Code chapter 724. The bill allows the issuing officer to
4suspend or revoke a permit to carry weapons if the issuing
5officer determines the conditions for the issuance of the
6permit to carry weapons no longer exist.
7Current law also provides that an issuing officer shall
8issue a permit to acquire pistols or revolvers immediately upon
9completion of the application unless the applicant does not
10meet certain requirements of Code section 724.15. The bill
11allows the issuing officer to deny the issuance of a permit to
12acquire pistols or revolvers at the discretion of the issuing
13officer.
14The bill strikes language that requires the issuing officer
15to reinstate a permit to carry weapons or a permit to acquire
16pistols or revolvers if the suspension of the permit is
17based upon an arrest or proceeding that does not result in a
18disqualifying conviction or finding against the permit holder.
19Under current law, a person who appeals the decision by
20the issuing officer to deny an application for a permit to
21carry weapons or a permit to acquire pistols or revolvers or
22who suspends or revokes a permit to carry weapons or a permit
23to acquire pistols or revolvers, and it is later determined
24on appeal that the person is eligible to be issued or possess
25a permit to carry weapons or a permit to acquire pistols
26or revolvers, the person shall be awarded court costs and
27reasonable attorney fees, and if the person loses or withdraws
28such an appeal, the government shall be awarded court costs
29and reasonable attorney fees. The bill strikes the provision
30relating to awarding court costs and reasonable attorney
31fees to the prevailing party in an appeal for the denial,
32suspension, or revocation of a permit to carry weapons or a
33permit to acquire pistols or revolvers but does not modify the
34provision allowing for such an appeal.
35The bill makes conforming Code changes to Code sections
-5-1724.18 (application procedure for permit to acquire pistols or
2revolvers) and 724.19 (issuance of permit to acquire pistols
3or revolvers).
-6-mo/rh