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House File 128 - IntroducedA Bill ForAn Act 1relating to the sale or transfer of firearms, providing
2penalties, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Sale or transfer of firearms
2— criminal history background check.
31. A person shall not sell or transfer a firearm to another
4person without receiving verification from a federally licensed
5firearms dealer that information regarding the prospective
6purchaser or transferee has been submitted to the department of
7public safety for a criminal history background check and that
8a determination has been received by the department of public
9safety that the prospective purchaser or transferee is not
10prohibited under either state or federal law from possessing a
11firearm. A criminal history background check conducted under
12this section shall include an inquiry of the national instant
13criminal background check system maintained by the federal
14bureau of investigation.
152. A person who sells or transfers a firearm in violation of
16this section is guilty of an aggravated misdemeanor.
173. A federally licensed firearms dealer may charge and
18collect fees for obtaining criminal history record information
19checks on behalf of sellers or transferors.
204. The department of public safety shall adopt rules
21pursuant to chapter 17A to administer this section.
22 Sec. 2. APPLICABILITY. This Act applies to the sale or
23transfer of firearms on or after the effective date of this
24Act.
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 sale or transfer of firearms,
29provides penalties, and includes applicability provisions.
30The bill prohibits a person from selling or transferring a
31firearm to another person without receiving verification from a
32federally licensed firearms dealer that information regarding
33the prospective purchaser or transferee has been submitted
34to the department of public safety for a criminal history
35background check and that a determination has been received by
-1-1the department of public safety that the prospective purchaser
2or transferee is not prohibited under either state or federal
3law from possessing a firearm. A criminal history background
4check under the bill includes an inquiry of the national
5instant criminal background check system maintained by the
6federal bureau of investigation.
7The bill provides that a person who sells or transfers a
8firearm in violation of this Code section is guilty of an
9aggravated misdemeanor, punishable by confinement for no more
10than two years and a fine of at least $855 but not more than
11$8,540.
12The bill provides that a federally licensed firearms dealer
13may charge and collect fees for obtaining criminal history
14record information checks on behalf of sellers and transferors
15and the department of public safety shall adopt administrative
16rules to administer the bill.
17The bill applies to the sale or transfer of firearms on or
18after the effective date of the bill.
-2-js/rh
2penalties, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Sale or transfer of firearms
2— criminal history background check.
31. A person shall not sell or transfer a firearm to another
4person without receiving verification from a federally licensed
5firearms dealer that information regarding the prospective
6purchaser or transferee has been submitted to the department of
7public safety for a criminal history background check and that
8a determination has been received by the department of public
9safety that the prospective purchaser or transferee is not
10prohibited under either state or federal law from possessing a
11firearm. A criminal history background check conducted under
12this section shall include an inquiry of the national instant
13criminal background check system maintained by the federal
14bureau of investigation.
152. A person who sells or transfers a firearm in violation of
16this section is guilty of an aggravated misdemeanor.
173. A federally licensed firearms dealer may charge and
18collect fees for obtaining criminal history record information
19checks on behalf of sellers or transferors.
204. The department of public safety shall adopt rules
21pursuant to chapter 17A to administer this section.
22 Sec. 2. APPLICABILITY. This Act applies to the sale or
23transfer of firearms on or after the effective date of this
24Act.
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 sale or transfer of firearms,
29provides penalties, and includes applicability provisions.
30The bill prohibits a person from selling or transferring a
31firearm to another person without receiving verification from a
32federally licensed firearms dealer that information regarding
33the prospective purchaser or transferee has been submitted
34to the department of public safety for a criminal history
35background check and that a determination has been received by
-1-1the department of public safety that the prospective purchaser
2or transferee is not prohibited under either state or federal
3law from possessing a firearm. A criminal history background
4check under the bill includes an inquiry of the national
5instant criminal background check system maintained by the
6federal bureau of investigation.
7The bill provides that a person who sells or transfers a
8firearm in violation of this Code section is guilty of an
9aggravated misdemeanor, punishable by confinement for no more
10than two years and a fine of at least $855 but not more than
11$8,540.
12The bill provides that a federally licensed firearms dealer
13may charge and collect fees for obtaining criminal history
14record information checks on behalf of sellers and transferors
15and the department of public safety shall adopt administrative
16rules to administer the bill.
17The bill applies to the sale or transfer of firearms on or
18after the effective date of the bill.
-2-js/rh