Senate File 466 - IntroducedA Bill ForAn Act 1relating to firearms, including provisions relating to
2the purchase, sale, or transfer of firearms and requiring
3an educational program relating to hunting, and providing
4penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2sale or transfer of firearms
3   Section 1.  NEW SECTION.  724.32  Sale or transfer of firearms
4— criminal history background check.
   51.  A person shall not sell or transfer a firearm to another
6person without receiving verification from a federally licensed
7firearms dealer that information on the prospective purchaser
8or transferee has been submitted to the department of public
9safety for a criminal history background check and that a
10determination has been received by the department of public
11safety that the prospective purchaser or transferee is not
12prohibited under either state or federal law from possessing a
13firearm. A criminal history background check conducted under
14this section shall include an inquiry of the national instant
15criminal background check system maintained by the federal
16bureau of investigation.
   172.  This section shall not apply where the person
18transferring the firearm and the person acquiring the firearm
19are related to one another within the second degree of
20consanguinity or affinity.
   213.  A person who sells or transfers a firearm in violation of
22this section is guilty of an aggravated misdemeanor.
   234.  A federally licensed firearms dealer may charge and
24collect fees for obtaining criminal history record information
25checks on behalf of sellers or transferors.
   265.  The department of public safety shall adopt rules
27pursuant to chapter 17A to administer this section.
28   Sec. 2.  NEW SECTION.  724.32A  Straw sales — firearms.
   29A person who purchases or obtains a firearm on behalf of a
30person not qualified to legally purchase, own, or possess a
31firearm in this state or for the purpose of selling, giving,
32or otherwise transferring a firearm to a person not legally
33qualified to purchase, own, or possess a firearm in this state
34is guilty of an aggravated misdemeanor.
35DIVISION II
-1-1educational program — hunting
2   Sec. 3.  Section 256.9, Code 2019, is amended by adding the
3following new subsection:
4   NEW SUBSECTION.  60.  Develop and administer an educational
5program to promote and increase participation in hunting.
6The program shall be available in public high schools and
7community colleges as either an extracurricular activity or as
8part of a unit in relevant existing coursework. The director
9shall collaborate with the department of natural resources in
10the development and administration of the program and shall
11model the program after the department of natural resources’
12recruitment, retention, and reactivation action plan.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
   16This bill relates to the purchase, sale, or transfer of
17firearms and requires an educational program relating to
18hunting, and provides penalties.
   19DIVISION I — SALE OR TRANSFER OF FIREARMS. Division I of
20the bill prohibits a person from selling or transferring a
21firearm to another person without receiving verification from
22a federally licensed firearms dealer that information on the
23prospective purchaser or transferee has been submitted to the
24department of public safety for a criminal history background
25check and that a determination has been received by the
26department of public safety that the prospective purchaser or
27transferee is not prohibited under either state or federal law
28from possessing a firearm. A criminal history background check
29includes an inquiry of the national instant criminal background
30check system maintained by the federal bureau of investigation.
31The bill does not require a background check verification where
32the person transferring the firearm and the person acquiring
33the firearm are related to one another within the second degree
34of consanguinity or affinity.
   35The division provides that a person who sells or transfers
-2-1a firearm in violation of the bill is guilty of an aggravated
2misdemeanor.
   3The division provides that a federally licensed firearms
4dealer may charge and collect fees for obtaining criminal
5history record information checks on behalf of sellers and
6transferors and the department of public safety shall adopt
7administrative rules to administer the bill.
   8The division prohibits straw firearms sales by providing
9that a person who purchases or obtains a firearm on behalf of
10a person not qualified to legally purchase, own, or possess
11a firearm in Iowa or for the purpose of selling, giving, or
12otherwise transferring a firearm to a person not legally
13qualified to purchase, own, or possess a firearm in this state
14is guilty of an aggravated misdemeanor.
   15As referenced in the bill, an aggravated misdemeanor is
16punishable by confinement for no more than two years and a fine
17of at least $625 but not more than $6,250.
   18DIVISION II — EDUCATIONAL PROGRAM — HUNTING. Division
19II of the bill requires the director of the department of
20education to develop and administer an educational program to
21promote and increase participation in hunting. The program
22shall be available in public high schools and community
23colleges as either an extracurricular activity or as part of
24a unit in relevant existing coursework. The director of the
25department of education will collaborate with the department
26of natural resources in the development and administration of
27the educational program. The educational program shall be
28modeled after the department of natural resources’ recruitment,
29retention, and reactivation action plan.
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