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Senate File 165 - IntroducedA Bill ForAn Act 1relating to carrying and possessing weapons and
2acquiring pistols and revolvers, providing penalties, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT
3 Section 1. Section 232.52, subsection 2, paragraph a,
4subparagraph (4), subparagraph division (a), subparagraph
5subdivision (viii), Code 2019, is amended to read as follows:
6(viii) Section 724.4 if the child used the knife in the
7commission of a crime on school grounds.
8 Sec. 2. Section 724.2A, Code 2019, is amended to read as
9follows:
10724.2A Peace officer — defined — reserved peace officer
11included.
12As used in sections 724.4, 724.6, and 724.11, “peace officer”
13 includes a reserve peace officer as defined in section 80D.1A.
14 Sec. 3. Section 724.4, Code 2019, is amended by striking the
15section and inserting in lieu thereof the following:
16724.4 Use of knife in the commission of a crime.
17A person who goes armed with a knife on or about the person,
18if the person uses the knife in the commission of a crime,
19commits an aggravated misdemeanor.
20 Sec. 4. Section 724.4B, subsection 2, Code 2019, is amended
21to read as follows:
222. Subsection 1 does not apply to the following:
23a. A person listed under section 724.4, subsection 4,
24paragraphs “b” through “f” or “j”.
25b. a. A person who has been specifically authorized by
26the school to go armed with, carry, or transport a firearm on
27the school grounds, including for purposes of conducting an
28instructional program regarding firearms.
29c. b. A licensee under chapter 80A or an employee of
30such a licensee, while the licensee or employee is engaged in
31the performance of duties, and if the licensee or employee
32possesses a valid professional or nonprofessional permit to
33carry weapons issued pursuant to this chapter.
34c. A member of the armed forces of the United States or
35of the national guard or person in the service of the United
-1-1States, when the weapons are carried in connection with the
2person’s duties as such.
3d. A correctional officer, when the officer’s duties
4require, serving under the authority of the Iowa department of
5corrections.
6e. A person who for any lawful purpose carries an unloaded
7pistol, revolver, or other dangerous weapon inside a closed and
8fastened container or securely wrapped package which is too
9large to be concealed on the person.
10f. A person who for any lawful purpose carries or transports
11an unloaded pistol or revolver in a vehicle inside a closed
12and fastened container or securely wrapped package which is
13too large to be concealed on the person or inside a cargo
14or luggage compartment where the pistol or revolver will not
15be readily accessible to any person riding in the vehicle or
16common carrier.
17g. A law enforcement officer from another state when the
18officer’s duties require the officer to carry the weapon and
19the officer is in this state for any of the following reasons:
20(1) The extradition or other lawful removal of a prisoner
21from this state.
22(2) Pursuit of a suspect in compliance with chapter 806.
23(3) Activities in the capacity of a law enforcement officer
24with the knowledge and consent of the chief of police of the
25city or the sheriff of the county in which the activities occur
26or of the commissioner of public safety.
27 Sec. 5. Section 724.5, Code 2019, is amended by striking the
28section and inserting in lieu thereof the following:
29724.5 Availability of permit not to be construed as
30prohibition on unlicensed carrying of weapons.
31The availability of a professional or nonprofessional permit
32to carry weapons under this chapter shall not be construed
33to impose a general prohibition on the unlicensed carrying,
34whether openly or concealed, of a deadly weapon, including a
35loaded firearm.
-2-1DIVISION II
2ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS
3 Sec. 6. Section 29C.25, subsection 1, paragraph b, Code
42019, is amended to read as follows:
5b. Suspend or revoke, except in accordance with section
6724.13, a permit issued pursuant to section 724.6, or 724.7,
7or 724.15.
8 Sec. 7. Section 724.11A, Code 2019, is amended to read as
9follows:
10724.11A Recognition.
11A valid permit or license issued by another state to any
12nonresident of this state shall be considered to be a valid
13permit or license to carry weapons issued pursuant to this
14chapter, except that such permit or license shall not be
15considered to be a substitute for a permit to acquire pistols
16or revolvers issued pursuant to section 724.15 deemed to
17satisfy the requirements of section 724.15.
18 Sec. 8. Section 724.15, Code 2019, is amended by striking
19the section and inserting in lieu thereof the following:
20724.15 Acquiring pistols or revolvers.
211. It is the intent of this section to satisfy federal
22requirements of 18 U.S.C.§922(t)(3) in order to acquire
23pistols or revolvers. As of July 1, 2019, the state shall no
24longer issue a permit to acquire. In order to acquire a pistol
25or revolver from a federally licensed firearms dealer, a person
26is required to have a valid permit to carry weapons issued
27in accordance with this chapter or the person must complete
28a satisfactory national instant criminal background check
29pursuant to 18 U.S.C.§922(t).
302. A person shall not acquire a pistol or revolver who is
31subject to any of the following:
32a. Is under twenty-one years of age.
33b. Is prohibited by section 724.26 or federal law from
34possessing, shipping, transporting, or receiving a firearm.
35c. Is prohibited by court order from possessing, shipping,
-3-1transporting, or receiving a firearm.
23. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4prior to July 1, 2019, has been arrested for a disqualifying
5offense or who is the subject of proceedings that could lead
6to the person’s ineligibility for such permit, may immediately
7suspend such permit. An issuing officer proceeding under
8this subsection shall immediately notify the permit holder
9of the suspension by personal service or certified mail on a
10form prescribed and published by the commissioner of public
11safety and the suspension shall become effective upon the
12permit holder’s receipt of such notice. If the suspension is
13based on an arrest or a proceeding that does not result in a
14disqualifying conviction or finding against the permit holder,
15the issuing officer shall immediately reinstate the permit upon
16receipt of proof of the matter’s final disposition. If the
17arrest leads to a disqualifying conviction or the proceedings
18to a disqualifying finding, the issuing officer shall revoke
19the permit. The issuing officer may also revoke the permit of
20a person 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, Code 2018.
26 Sec. 9. Section 724.16, Code 2019, is amended to read as
27follows:
28724.16 Permit to acquire required — transfer prohibited
29 Pistols and revolvers — acquiring or transferring prohibitions.
301. Except as otherwise provided in section 724.15,
31subsection 2, a A person who acquires ownership of a pistol or
32revolver without a valid permit to acquire pistols or revolvers
33or a person who transfers ownership of a pistol or revolver
34to a person who does not have in the person’s possession a
35valid permit to acquire pistols or revolvers from a federally
-4-1licensed firearms dealer in violation of section 724.15 is
2guilty of an aggravated misdemeanor.
32. A person who transfers ownership of a pistol or revolver
4to a person that the transferor knows is prohibited by section
5724.15 from acquiring ownership of a pistol or revolver commits
6a class “D” felony.
7 Sec. 10. Section 724.21A, subsections 1, 7, and 8, Code
82019, are amended to read as follows:
91. In any case where the sheriff or the commissioner of
10public safety denies an application for or suspends or revokes
11a permit to carry weapons or a permit to acquire pistols
12or revolvers, the sheriff or commissioner shall provide a
13written statement of the reasons for the denial, suspension, or
14revocation and the applicant or permit holder shall have the
15right to appeal the denial, suspension, or revocation to an
16administrative law judge in the department of inspections and
17appeals within thirty days of receiving written notice of the
18denial, suspension, or revocation.
197. In any case where the issuing officer denies an
20application for, or suspends or revokes a permit to carry
21weapons or a permit to acquire pistols or revolvers solely
22because of an adverse determination by the national instant
23criminal background check system, the applicant or permit
24holder shall not seek relief under this section but may pursue
25relief of the national instant criminal background check system
26determination pursuant to Pub.L. No.103-159, sections 103(f)
27and (g) and 104 and 28 C.F.R. §25.10, or other applicable law.
28The outcome of such proceedings shall be binding on the issuing
29officer.
308. If an applicant or permit holder appeals the decision
31by the sheriff or commissioner to deny an application for or
32suspend or revoke a permit to carry weapons or a permit to
33acquire pistols or revolvers, and it is later determined on
34appeal the applicant or permit holder is eligible to be issued
35or possess a permit to carry weapons or a permit to acquire
-5-1pistols or revolvers, the applicant or permit holder shall
2be awarded court costs and reasonable attorney fees. If the
3decision of the sheriff or commissioner to deny an application
4for or suspend or revoke a permit to carry weapons or a permit
5to acquire pistols or revolvers is upheld on appeal, or the
6applicant or permit holder withdraws or dismisses the appeal,
7the political subdivision of the state representing the sheriff
8or the state department representing the commissioner shall be
9awarded court costs and reasonable attorney fees.
10 Sec. 11. Section 724.27, subsection 1, unnumbered paragraph
111, Code 2019, is amended to read as follows:
12The provisions of section 724.8, section 724.15, subsection
131 2, and section 724.26 shall not apply to a person who is
14eligible to have the person’s civil rights regarding firearms
15restored under section 914.7 if any of the following occur:
16 Sec. 12. REPEAL. Sections 724.17, 724.18, 724.19, and
17724.20, Code 2019, are repealed.
18 Sec. 13. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR
19REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire
20issued under the provisions of chapter 724, Code 2019, prior to
21July 1, 2019, shall be considered a valid permit to acquire as
22long as the permit has not expired unless the person becomes
23ineligible to acquire a pistol or revolver.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to carrying and possessing weapons and
28acquiring pistols and revolvers.
29DIVISION I — CARRYING AND POSSESSING WEAPONS WITHOUT A
30PERMIT. The bill strikes Code section 724.4 relating to the
31crime of carrying dangerous weapons, an aggravated misdemeanor,
32without a valid permit or in other enumerated circumstances.
33Instead, the bill section creates a new crime of going armed
34with a knife in the commission of a crime, an aggravated
35misdemeanor. The bill amends Code section 232.52(2), by
-6-1allowing a juvenile court to enter a dispositional order
2suspending or revoking a child’s driver’s license or operating
3privilege where the child commits a delinquent act in violation
4of Code section 724.4 and the commission of the delinquent act
5is on school grounds. The bill also makes conforming changes
6to Code section 724.4B, relating to the carrying of weapons on
7school grounds, by specifically identifying certain categories
8of persons who are authorized to carry weapons on school
9grounds that were previously identified by reference to Code
10section 724.4, paragraphs “b” through “f” or “j”.
11The bill strikes Code section 724.5 relating to a person’s
12duty to carry a valid permit to carry certain weapons for
13which a permit has been issued to the person and replaces that
14Code section with a provision stating that the availability
15of a professional or nonprofessional permit to carry weapons
16shall not be construed to impose a general prohibition on the
17unlicensed carrying of a deadly weapon including a loaded
18firearm.
19DIVISION II — ACQUIRING PISTOLS AND REVOLVERS AND
20PROHIBITED TRANSFERS. Current law provides that any person who
21intends to purchase a pistol or revolver is required to first
22obtain an annual permit to acquire pistols or revolvers unless
23the person is otherwise exempt from obtaining such a permit.
24It is the intent of the bill to satisfy federal requirements of
2518 U.S.C. §922(t)(3) in order to acquire a pistol or revolver.
26The bill provides that as of July 1, 2019, the state shall no
27longer issue a permit to acquire. In order to acquire a pistol
28or revolver from a federally licensed firearms dealer, a person
29is required to have a valid permit to carry weapons issued in
30accordance with Code chapter 724 or the person must complete
31a satisfactory national instant criminal background check
32pursuant to 18 U.S.C. §922(t). The bill provides that a valid
33permit to carry weapons or license issued by another state to
34any nonresident of this state does not satisfy the requirements
35to acquire a pistol or revolver in this state.
-7- 1The bill also makes a conforming change to Code section
229C.25 due to the elimination of the permit to acquire.
3Under the bill, a person is not eligible to acquire a pistol
4or revolver if the person is less than 21 years of age, is
5prohibited by Code section 724.26 (felon in possession of a
6firearm), federal law, or is prohibited by a court order from
7possessing, shipping, transporting, or receiving a firearm.
8The bill provides a permit to acquire a pistol or revolver
9issued under Code chapter 724 (Code 2019) prior to July 1,
102019, shall be considered a valid permit to acquire as long as
11the permit has not expired unless the person becomes ineligible
12to acquire a pistol or revolver.
13The bill, in Code section 724.15, provides that a permit to
14acquire firearms issued prior to July 1, 2019, may be suspended
15or revoked by the issuing officer and the aggrieved permit
16holder may file an appeal with an administrative law judge
17under Code section 724.21A as written in the 2019 Code.
18By striking the requirement to obtain a permit to acquire a
19pistol or revolver, and moving certain requirements to acquire
20a pistol or revolver into Code section 724.15 as amended in the
21bill, the bill repeals Code sections 724.17 (application for
22permit to acquire — criminal history check), 724.18 (procedure
23for making application for permit to acquire), 724.19 (issuance
24of annual permit to acquire), and 724.20 (validity of permit to
25acquire pistols or revolvers).
26The bill amends Code section 724.16 by providing that a
27person who acquires ownership of a pistol or revolver from a
28federally licensed firearms dealer in violation of Code section
29724.15 is guilty of an aggravated misdemeanor. Currently, a
30person who acquires ownership of a pistol or revolver without
31a valid permit to acquire pistols or revolvers or a person
32who transfers ownership of a pistol or revolver to a person
33who does not have in the person’s possession a valid permit
34to acquire pistols or revolvers is guilty of an aggravated
35misdemeanor, except as otherwise provided in Code section
-8-1724.15(2).
2The bill makes a conforming change to Code section 724.27
3relating to the restoration of firearms rights.
4An aggravated misdemeanor, as referenced in the bill, is
5punishable by confinement for no more than two years and a fine
6of at least $625 but not more than $6,250.
-9-mo/rh
2acquiring pistols and revolvers, providing penalties, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT
3 Section 1. Section 232.52, subsection 2, paragraph a,
4subparagraph (4), subparagraph division (a), subparagraph
5subdivision (viii), Code 2019, is amended to read as follows:
6(viii) Section 724.4 if the child used the knife in the
7commission of a crime on school grounds.
8 Sec. 2. Section 724.2A, Code 2019, is amended to read as
9follows:
10724.2A Peace officer — defined — reserved peace officer
11included.
12As used in sections 724.4, 724.6, and 724.11, “peace officer”
13 includes a reserve peace officer as defined in section 80D.1A.
14 Sec. 3. Section 724.4, Code 2019, is amended by striking the
15section and inserting in lieu thereof the following:
16724.4 Use of knife in the commission of a crime.
17A person who goes armed with a knife on or about the person,
18if the person uses the knife in the commission of a crime,
19commits an aggravated misdemeanor.
20 Sec. 4. Section 724.4B, subsection 2, Code 2019, is amended
21to read as follows:
222. Subsection 1 does not apply to the following:
23a. A person listed under section 724.4, subsection 4,
24paragraphs “b” through “f” or “j”.
25b. a. A person who has been specifically authorized by
26the school to go armed with, carry, or transport a firearm on
27the school grounds, including for purposes of conducting an
28instructional program regarding firearms.
29c. b. A licensee under chapter 80A or an employee of
30such a licensee, while the licensee or employee is engaged in
31the performance of duties, and if the licensee or employee
32possesses a valid professional or nonprofessional permit to
33carry weapons issued pursuant to this chapter.
34c. A member of the armed forces of the United States or
35of the national guard or person in the service of the United
-1-1States, when the weapons are carried in connection with the
2person’s duties as such.
3d. A correctional officer, when the officer’s duties
4require, serving under the authority of the Iowa department of
5corrections.
6e. A person who for any lawful purpose carries an unloaded
7pistol, revolver, or other dangerous weapon inside a closed and
8fastened container or securely wrapped package which is too
9large to be concealed on the person.
10f. A person who for any lawful purpose carries or transports
11an unloaded pistol or revolver in a vehicle inside a closed
12and fastened container or securely wrapped package which is
13too large to be concealed on the person or inside a cargo
14or luggage compartment where the pistol or revolver will not
15be readily accessible to any person riding in the vehicle or
16common carrier.
17g. A law enforcement officer from another state when the
18officer’s duties require the officer to carry the weapon and
19the officer is in this state for any of the following reasons:
20(1) The extradition or other lawful removal of a prisoner
21from this state.
22(2) Pursuit of a suspect in compliance with chapter 806.
23(3) Activities in the capacity of a law enforcement officer
24with the knowledge and consent of the chief of police of the
25city or the sheriff of the county in which the activities occur
26or of the commissioner of public safety.
27 Sec. 5. Section 724.5, Code 2019, is amended by striking the
28section and inserting in lieu thereof the following:
29724.5 Availability of permit not to be construed as
30prohibition on unlicensed carrying of weapons.
31The availability of a professional or nonprofessional permit
32to carry weapons under this chapter shall not be construed
33to impose a general prohibition on the unlicensed carrying,
34whether openly or concealed, of a deadly weapon, including a
35loaded firearm.
-2-1DIVISION II
2ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS
3 Sec. 6. Section 29C.25, subsection 1, paragraph b, Code
42019, is amended to read as follows:
5b. Suspend or revoke, except in accordance with section
6724.13, a permit issued pursuant to section 724.6, or 724.7,
7or 724.15.
8 Sec. 7. Section 724.11A, Code 2019, is amended to read as
9follows:
10724.11A Recognition.
11A valid permit or license issued by another state to any
12nonresident of this state shall be considered to be a valid
13permit or license to carry weapons issued pursuant to this
14chapter, except that such permit or license shall not be
15considered to be a substitute for a permit to acquire pistols
16or revolvers issued pursuant to section 724.15 deemed to
17satisfy the requirements of section 724.15.
18 Sec. 8. Section 724.15, Code 2019, is amended by striking
19the section and inserting in lieu thereof the following:
20724.15 Acquiring pistols or revolvers.
211. It is the intent of this section to satisfy federal
22requirements of 18 U.S.C.§922(t)(3) in order to acquire
23pistols or revolvers. As of July 1, 2019, the state shall no
24longer issue a permit to acquire. In order to acquire a pistol
25or revolver from a federally licensed firearms dealer, a person
26is required to have a valid permit to carry weapons issued
27in accordance with this chapter or the person must complete
28a satisfactory national instant criminal background check
29pursuant to 18 U.S.C.§922(t).
302. A person shall not acquire a pistol or revolver who is
31subject to any of the following:
32a. Is under twenty-one years of age.
33b. Is prohibited by section 724.26 or federal law from
34possessing, shipping, transporting, or receiving a firearm.
35c. Is prohibited by court order from possessing, shipping,
-3-1transporting, or receiving a firearm.
23. An issuing officer who finds that a person issued a
3permit to acquire pistols or revolvers under this chapter
4prior to July 1, 2019, has been arrested for a disqualifying
5offense or who is the subject of proceedings that could lead
6to the person’s ineligibility for such permit, may immediately
7suspend such permit. An issuing officer proceeding under
8this subsection shall immediately notify the permit holder
9of the suspension by personal service or certified mail on a
10form prescribed and published by the commissioner of public
11safety and the suspension shall become effective upon the
12permit holder’s receipt of such notice. If the suspension is
13based on an arrest or a proceeding that does not result in a
14disqualifying conviction or finding against the permit holder,
15the issuing officer shall immediately reinstate the permit upon
16receipt of proof of the matter’s final disposition. If the
17arrest leads to a disqualifying conviction or the proceedings
18to a disqualifying finding, the issuing officer shall revoke
19the permit. The issuing officer may also revoke the permit of
20a person 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, Code 2018.
26 Sec. 9. Section 724.16, Code 2019, is amended to read as
27follows:
28724.16 Permit to acquire required — transfer prohibited
29 Pistols and revolvers — acquiring or transferring prohibitions.
301. Except as otherwise provided in section 724.15,
31subsection 2, a A person who acquires ownership of a pistol or
32revolver without a valid permit to acquire pistols or revolvers
33or a person who transfers ownership of a pistol or revolver
34to a person who does not have in the person’s possession a
35valid permit to acquire pistols or revolvers from a federally
-4-1licensed firearms dealer in violation of section 724.15 is
2guilty of an aggravated misdemeanor.
32. A person who transfers ownership of a pistol or revolver
4to a person that the transferor knows is prohibited by section
5724.15 from acquiring ownership of a pistol or revolver commits
6a class “D” felony.
7 Sec. 10. Section 724.21A, subsections 1, 7, and 8, Code
82019, are amended to read as follows:
91. In any case where the sheriff or the commissioner of
10public safety denies an application for or suspends or revokes
11a permit to carry weapons or a permit to acquire pistols
12or revolvers, the sheriff or commissioner shall provide a
13written statement of the reasons for the denial, suspension, or
14revocation and the applicant or permit holder shall have the
15right to appeal the denial, suspension, or revocation to an
16administrative law judge in the department of inspections and
17appeals within thirty days of receiving written notice of the
18denial, suspension, or revocation.
197. In any case where the issuing officer denies an
20application for, or suspends or revokes a permit to carry
21weapons or a permit to acquire pistols or revolvers solely
22because of an adverse determination by the national instant
23criminal background check system, the applicant or permit
24holder shall not seek relief under this section but may pursue
25relief of the national instant criminal background check system
26determination pursuant to Pub.L. No.103-159, sections 103(f)
27and (g) and 104 and 28 C.F.R. §25.10, or other applicable law.
28The outcome of such proceedings shall be binding on the issuing
29officer.
308. If an applicant or permit holder appeals the decision
31by the sheriff or commissioner to deny an application for or
32suspend or revoke a permit to carry weapons or a permit to
33acquire pistols or revolvers, and it is later determined on
34appeal the applicant or permit holder is eligible to be issued
35or possess a permit to carry weapons or a permit to acquire
-5-1pistols or revolvers, the applicant or permit holder shall
2be awarded court costs and reasonable attorney fees. If the
3decision of the sheriff or commissioner to deny an application
4for or suspend or revoke a permit to carry weapons or a permit
5to acquire pistols or revolvers is upheld on appeal, or the
6applicant or permit holder withdraws or dismisses the appeal,
7the political subdivision of the state representing the sheriff
8or the state department representing the commissioner shall be
9awarded court costs and reasonable attorney fees.
10 Sec. 11. Section 724.27, subsection 1, unnumbered paragraph
111, Code 2019, is amended to read as follows:
12The provisions of section 724.8, section 724.15, subsection
131 2, and section 724.26 shall not apply to a person who is
14eligible to have the person’s civil rights regarding firearms
15restored under section 914.7 if any of the following occur:
16 Sec. 12. REPEAL. Sections 724.17, 724.18, 724.19, and
17724.20, Code 2019, are repealed.
18 Sec. 13. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR
19REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire
20issued under the provisions of chapter 724, Code 2019, prior to
21July 1, 2019, shall be considered a valid permit to acquire as
22long as the permit has not expired unless the person becomes
23ineligible to acquire a pistol or revolver.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to carrying and possessing weapons and
28acquiring pistols and revolvers.
29DIVISION I — CARRYING AND POSSESSING WEAPONS WITHOUT A
30PERMIT. The bill strikes Code section 724.4 relating to the
31crime of carrying dangerous weapons, an aggravated misdemeanor,
32without a valid permit or in other enumerated circumstances.
33Instead, the bill section creates a new crime of going armed
34with a knife in the commission of a crime, an aggravated
35misdemeanor. The bill amends Code section 232.52(2), by
-6-1allowing a juvenile court to enter a dispositional order
2suspending or revoking a child’s driver’s license or operating
3privilege where the child commits a delinquent act in violation
4of Code section 724.4 and the commission of the delinquent act
5is on school grounds. The bill also makes conforming changes
6to Code section 724.4B, relating to the carrying of weapons on
7school grounds, by specifically identifying certain categories
8of persons who are authorized to carry weapons on school
9grounds that were previously identified by reference to Code
10section 724.4, paragraphs “b” through “f” or “j”.
11The bill strikes Code section 724.5 relating to a person’s
12duty to carry a valid permit to carry certain weapons for
13which a permit has been issued to the person and replaces that
14Code section with a provision stating that the availability
15of a professional or nonprofessional permit to carry weapons
16shall not be construed to impose a general prohibition on the
17unlicensed carrying of a deadly weapon including a loaded
18firearm.
19DIVISION II — ACQUIRING PISTOLS AND REVOLVERS AND
20PROHIBITED TRANSFERS. Current law provides that any person who
21intends to purchase a pistol or revolver is required to first
22obtain an annual permit to acquire pistols or revolvers unless
23the person is otherwise exempt from obtaining such a permit.
24It is the intent of the bill to satisfy federal requirements of
2518 U.S.C. §922(t)(3) in order to acquire a pistol or revolver.
26The bill provides that as of July 1, 2019, the state shall no
27longer issue a permit to acquire. In order to acquire a pistol
28or revolver from a federally licensed firearms dealer, a person
29is required to have a valid permit to carry weapons issued in
30accordance with Code chapter 724 or the person must complete
31a satisfactory national instant criminal background check
32pursuant to 18 U.S.C. §922(t). The bill provides that a valid
33permit to carry weapons or license issued by another state to
34any nonresident of this state does not satisfy the requirements
35to acquire a pistol or revolver in this state.
-7- 1The bill also makes a conforming change to Code section
229C.25 due to the elimination of the permit to acquire.
3Under the bill, a person is not eligible to acquire a pistol
4or revolver if the person is less than 21 years of age, is
5prohibited by Code section 724.26 (felon in possession of a
6firearm), federal law, or is prohibited by a court order from
7possessing, shipping, transporting, or receiving a firearm.
8The bill provides a permit to acquire a pistol or revolver
9issued under Code chapter 724 (Code 2019) prior to July 1,
102019, shall be considered a valid permit to acquire as long as
11the permit has not expired unless the person becomes ineligible
12to acquire a pistol or revolver.
13The bill, in Code section 724.15, provides that a permit to
14acquire firearms issued prior to July 1, 2019, may be suspended
15or revoked by the issuing officer and the aggrieved permit
16holder may file an appeal with an administrative law judge
17under Code section 724.21A as written in the 2019 Code.
18By striking the requirement to obtain a permit to acquire a
19pistol or revolver, and moving certain requirements to acquire
20a pistol or revolver into Code section 724.15 as amended in the
21bill, the bill repeals Code sections 724.17 (application for
22permit to acquire — criminal history check), 724.18 (procedure
23for making application for permit to acquire), 724.19 (issuance
24of annual permit to acquire), and 724.20 (validity of permit to
25acquire pistols or revolvers).
26The bill amends Code section 724.16 by providing that a
27person who acquires ownership of a pistol or revolver from a
28federally licensed firearms dealer in violation of Code section
29724.15 is guilty of an aggravated misdemeanor. Currently, a
30person who acquires ownership of a pistol or revolver without
31a valid permit to acquire pistols or revolvers or a person
32who transfers ownership of a pistol or revolver to a person
33who does not have in the person’s possession a valid permit
34to acquire pistols or revolvers is guilty of an aggravated
35misdemeanor, except as otherwise provided in Code section
-8-1724.15(2).
2The bill makes a conforming change to Code section 724.27
3relating to the restoration of firearms rights.
4An aggravated misdemeanor, as referenced in the bill, is
5punishable by confinement for no more than two years and a fine
6of at least $625 but not more than $6,250.
-9-mo/rh