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House File 65 - 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 2021, 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 2021, 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
27the sheriff or commissioner, who shall, before issuing the
28permit, shall determine that the requirements of sections 724.6
29through 724.10 have been satisfied. A renewal applicant shall
30apply within 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 2021, 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 an officer who determines that the conditions for the
6issuance of such permit no longer exist, may immediately
7suspend such permit. An issuing officer proceeding under
8this section shall immediately notify the permit holder of
9the 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, of a person
22whom the officer finds provided materially false information
23on the permit application, or if the officer determines that
24the conditions for the issuance of such permit no longer exist.
25A person aggrieved by a suspension or revocation under this
26section may seek review of the decision pursuant to section
27724.21A.
28 Sec. 4. Section 724.15, subsections 1 and 4, Code 2021, are
29amended to read as follows:
301. Any person who desires to acquire ownership of any pistol
31or revolver shall first obtain a permit. A permit shall may be
32issued upon request to any resident of this state unless the
33person is subject to any of the following:
34a. Is less than twenty-one years of age.
35b. Is subject to the provisions of section 724.26.
-2- 1c. Is prohibited by federal law from shipping, transporting,
2possessing, or receiving a firearm.
34. An issuing officer who finds that a person issued a
4permit to acquire pistols or revolvers under this chapter
5has been arrested for a disqualifying offense or who is
6the subject of proceedings that could lead to the person’s
7ineligibility for such permit may immediately suspend such
8permit. An issuing officer proceeding under this subsection
9shall immediately notify the permit holder of the suspension
10by personal service or certified mail on a form prescribed
11and published by the commissioner of public safety and the
12suspension shall become effective upon the permit holder’s
13receipt of such notice. If the suspension is based on an
14arrest or a proceeding that does not result in a disqualifying
15conviction or finding against the permit holder, the issuing
16officer shall immediately reinstate the permit upon receipt
17of proof of the matter’s final disposition. If the arrest
18leads to a disqualifying conviction or the proceedings to
19a disqualifying finding, the issuing officer shall revoke
20the permit. The issuing officer may also revoke the permit
21of a person whom the issuing officer later finds was not
22qualified for such a permit at the time of issuance or who
23 whom the officer finds provided materially false information
24on the permit application. A person aggrieved by a suspension
25or revocation under this subsection may seek review of the
26decision pursuant to section 724.21A.
27 Sec. 5. Section 724.18, Code 2021, is amended to read as
28follows:
29724.18 Procedure for making application for permit to
30acquire.
31A person may personally request the sheriff to mail an
32application for a permit to acquire pistols or revolvers,
33and the sheriff shall immediately forward to such person an
34application for a permit to acquire pistols or revolvers. A
35person shall upon completion of the application personally
-3-1deliver such application to the sheriff who shall note the
2period of validity on the application and shall immediately
3 may issue the permit to acquire pistols or revolvers to the
4applicant and, if such permit is issued, shall note the period
5of validity on the application. For the purposes of this
6section the date of application shall be the date on which the
7sheriff received the completed application.
8 Sec. 6. Section 724.19, Code 2021, is amended to read as
9follows:
10724.19 Issuance of permit to acquire.
11The permit to acquire pistols or revolvers shall may be
12issued to the applicant immediately upon completion of the
13application unless the applicant is disqualified under the
14provisions of section 724.15. The permit shall have a uniform
15appearance, size, and content prescribed and published by the
16commissioner of public safety. The permit shall contain the
17name of the permittee and the effective date of the permit,
18but shall not contain the permittee’s social security number.
19Such a permit shall not be issued for a particular pistol or
20revolver and shall not contain information about a particular
21pistol or revolver including the make, model, or serial number
22of the pistol or revolver, or any ammunition used in that
23pistol or revolver.
24 Sec. 7. Section 724.21A, subsection 8, Code 2021, is amended
25by striking the subsection.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the issuance, denial, suspension, or
30revocation of a permit to carry weapons and a permit to acquire
31pistols or revolvers.
32Current law provides that the issuing officer (county
33sheriff or commissioner of public safety) shall issue a permit
34to carry weapons to an applicant unless the applicant does
35not meet certain requirements of Code chapter 724 (weapons).
-4-1The bill allows the issuing officer to deny the issuance of
2a permit to carry weapons at the discretion of the issuing
3officer even if the applicant meets the other requirements
4of Code chapter 724. The bill allows the issuing officer to
5suspend or revoke a permit to carry weapons if the issuing
6officer determines the conditions for the issuance of the
7permit to carry weapons no longer exist.
8Current law also provides that an issuing officer shall
9issue a permit to acquire pistols or revolvers immediately upon
10completion of the application unless the applicant does not
11meet certain requirements of Code section 724.15. The bill
12allows the issuing officer to deny the issuance of a permit to
13acquire pistols or revolvers at the discretion of the issuing
14officer.
15The bill strikes language that requires the issuing officer
16to reinstate a permit to carry weapons or a permit to acquire
17pistols or revolvers if the suspension of the permit is
18based upon an arrest or proceeding that does not result in a
19disqualifying conviction or finding against the permit holder.
20Under current law, when a person appeals the decision by
21the issuing officer to deny an application for a permit to
22carry weapons or a permit to acquire pistols or revolvers or
23appeals the decision to suspend or revoke a permit to carry
24weapons or a permit to acquire pistols or revolvers, and it
25is later determined on appeal that the person is eligible to
26be issued or possess a permit to carry weapons or a permit to
27acquire pistols or revolvers, the person shall be awarded court
28costs and reasonable attorney fees, and if the person loses
29or withdraws such an appeal, the government shall be awarded
30court costs and reasonable attorney fees. The bill strikes
31the provision relating to awarding court costs and reasonable
32attorney fees to the prevailing party in an appeal for the
33denial, suspension, or revocation of a permit to carry weapons
34or a permit to acquire pistols or revolvers but does not modify
35the provision allowing for such an appeal.
-5- 1The bill makes conforming changes to Code sections 724.18
2(application procedure for permit to acquire pistols or
3revolvers) and 724.19 (issuance of permit to acquire pistols
4or revolvers).
-6-js/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 2021, 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 2021, 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
27the sheriff or commissioner, who shall, before issuing the
28permit, shall determine that the requirements of sections 724.6
29through 724.10 have been satisfied. A renewal applicant shall
30apply within 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 2021, 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 an officer who determines that the conditions for the
6issuance of such permit no longer exist, may immediately
7suspend such permit. An issuing officer proceeding under
8this section shall immediately notify the permit holder of
9the 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, of a person
22whom the officer finds provided materially false information
23on the permit application, or if the officer determines that
24the conditions for the issuance of such permit no longer exist.
25A person aggrieved by a suspension or revocation under this
26section may seek review of the decision pursuant to section
27724.21A.
28 Sec. 4. Section 724.15, subsections 1 and 4, Code 2021, are
29amended to read as follows:
301. Any person who desires to acquire ownership of any pistol
31or revolver shall first obtain a permit. A permit shall may be
32issued upon request to any resident of this state unless the
33person is subject to any of the following:
34a. Is less than twenty-one years of age.
35b. Is subject to the provisions of section 724.26.
-2- 1c. Is prohibited by federal law from shipping, transporting,
2possessing, or receiving a firearm.
34. An issuing officer who finds that a person issued a
4permit to acquire pistols or revolvers under this chapter
5has been arrested for a disqualifying offense or who is
6the subject of proceedings that could lead to the person’s
7ineligibility for such permit may immediately suspend such
8permit. An issuing officer proceeding under this subsection
9shall immediately notify the permit holder of the suspension
10by personal service or certified mail on a form prescribed
11and published by the commissioner of public safety and the
12suspension shall become effective upon the permit holder’s
13receipt of such notice. If the suspension is based on an
14arrest or a proceeding that does not result in a disqualifying
15conviction or finding against the permit holder, the issuing
16officer shall immediately reinstate the permit upon receipt
17of proof of the matter’s final disposition. If the arrest
18leads to a disqualifying conviction or the proceedings to
19a disqualifying finding, the issuing officer shall revoke
20the permit. The issuing officer may also revoke the permit
21of a person whom the issuing officer later finds was not
22qualified for such a permit at the time of issuance or who
23 whom the officer finds provided materially false information
24on the permit application. A person aggrieved by a suspension
25or revocation under this subsection may seek review of the
26decision pursuant to section 724.21A.
27 Sec. 5. Section 724.18, Code 2021, is amended to read as
28follows:
29724.18 Procedure for making application for permit to
30acquire.
31A person may personally request the sheriff to mail an
32application for a permit to acquire pistols or revolvers,
33and the sheriff shall immediately forward to such person an
34application for a permit to acquire pistols or revolvers. A
35person shall upon completion of the application personally
-3-1deliver such application to the sheriff who shall note the
2period of validity on the application and shall immediately
3 may issue the permit to acquire pistols or revolvers to the
4applicant and, if such permit is issued, shall note the period
5of validity on the application. For the purposes of this
6section the date of application shall be the date on which the
7sheriff received the completed application.
8 Sec. 6. Section 724.19, Code 2021, is amended to read as
9follows:
10724.19 Issuance of permit to acquire.
11The permit to acquire pistols or revolvers shall may be
12issued to the applicant immediately upon completion of the
13application unless the applicant is disqualified under the
14provisions of section 724.15. The permit shall have a uniform
15appearance, size, and content prescribed and published by the
16commissioner of public safety. The permit shall contain the
17name of the permittee and the effective date of the permit,
18but shall not contain the permittee’s social security number.
19Such a permit shall not be issued for a particular pistol or
20revolver and shall not contain information about a particular
21pistol or revolver including the make, model, or serial number
22of the pistol or revolver, or any ammunition used in that
23pistol or revolver.
24 Sec. 7. Section 724.21A, subsection 8, Code 2021, is amended
25by striking the subsection.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the issuance, denial, suspension, or
30revocation of a permit to carry weapons and a permit to acquire
31pistols or revolvers.
32Current law provides that the issuing officer (county
33sheriff or commissioner of public safety) shall issue a permit
34to carry weapons to an applicant unless the applicant does
35not meet certain requirements of Code chapter 724 (weapons).
-4-1The bill allows the issuing officer to deny the issuance of
2a permit to carry weapons at the discretion of the issuing
3officer even if the applicant meets the other requirements
4of Code chapter 724. The bill allows the issuing officer to
5suspend or revoke a permit to carry weapons if the issuing
6officer determines the conditions for the issuance of the
7permit to carry weapons no longer exist.
8Current law also provides that an issuing officer shall
9issue a permit to acquire pistols or revolvers immediately upon
10completion of the application unless the applicant does not
11meet certain requirements of Code section 724.15. The bill
12allows the issuing officer to deny the issuance of a permit to
13acquire pistols or revolvers at the discretion of the issuing
14officer.
15The bill strikes language that requires the issuing officer
16to reinstate a permit to carry weapons or a permit to acquire
17pistols or revolvers if the suspension of the permit is
18based upon an arrest or proceeding that does not result in a
19disqualifying conviction or finding against the permit holder.
20Under current law, when a person appeals the decision by
21the issuing officer to deny an application for a permit to
22carry weapons or a permit to acquire pistols or revolvers or
23appeals the decision to suspend or revoke a permit to carry
24weapons or a permit to acquire pistols or revolvers, and it
25is later determined on appeal that the person is eligible to
26be issued or possess a permit to carry weapons or a permit to
27acquire pistols or revolvers, the person shall be awarded court
28costs and reasonable attorney fees, and if the person loses
29or withdraws such an appeal, the government shall be awarded
30court costs and reasonable attorney fees. The bill strikes
31the provision relating to awarding court costs and reasonable
32attorney fees to the prevailing party in an appeal for the
33denial, suspension, or revocation of a permit to carry weapons
34or a permit to acquire pistols or revolvers but does not modify
35the provision allowing for such an appeal.
-5- 1The bill makes conforming changes to Code sections 724.18
2(application procedure for permit to acquire pistols or
3revolvers) and 724.19 (issuance of permit to acquire pistols
4or revolvers).
-6-js/rh