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House File 155 - IntroducedA Bill ForAn Act 1relating to acquiring pistols and revolvers, providing
2penalties, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29C.25, subsection 1, paragraph b, Code
22021, is amended to read as follows:
3b. Suspend or revoke, except in accordance with section
4724.13, a permit issued pursuant to section 724.6, or 724.7,
5or 724.15.
6 Sec. 2. Section 724.11A, Code 2021, is amended to read as
7follows:
8724.11A Recognition.
9A valid permit or license issued by another state to any
10nonresident of this state shall be considered to be a valid
11permit or license to carry weapons issued pursuant to this
12chapter, except that such permit or license shall not be
13considered to be a substitute for a permit to acquire pistols
14or revolvers issued pursuant to section 724.15 deemed to
15satisfy the requirements of section 724.15.
16 Sec. 3. Section 724.15, Code 2021, is amended by striking
17the section and inserting in lieu thereof the following:
18724.15 Acquiring pistols or revolvers.
191. It is the intent of this section to satisfy federal
20requirements of 18 U.S.C.§922(t)(3) in order to acquire
21pistols or revolvers. As of July 1, 2021, the state shall no
22longer issue a permit to acquire. In order to acquire a pistol
23or revolver from a federally licensed firearms dealer, a person
24is required to have a valid permit to carry weapons issued
25in accordance with this chapter or the person must complete
26a satisfactory national instant criminal background check
27pursuant to 18 U.S.C.§922(t).
282. A person shall not acquire a pistol or revolver who is
29subject to any of the following:
30a. Is under twenty-one years of age.
31b. Is prohibited by section 724.26 or federal law from
32possessing, shipping, transporting, or receiving a firearm.
33c. Is prohibited by court order from possessing, shipping,
34transporting, or receiving a firearm.
353. An issuing officer who finds that a person issued a
-1-1permit to acquire pistols or revolvers under this chapter
2prior to July 1, 2021, has been arrested for a disqualifying
3offense or who is the subject of proceedings that could lead
4to the person’s ineligibility for such permit, may immediately
5suspend such permit. An issuing officer proceeding under
6this subsection shall immediately notify the permit holder
7of the suspension by personal service or certified mail on a
8form prescribed and published by the commissioner of public
9safety and the suspension shall become effective upon the
10permit holder’s receipt of such notice. If the suspension is
11based on an arrest or a proceeding that does not result in a
12disqualifying conviction or finding against the permit holder,
13the issuing officer shall immediately reinstate the permit upon
14receipt of proof of the matter’s final disposition. If the
15arrest leads to a disqualifying conviction or the proceedings
16to a disqualifying finding, the issuing officer shall revoke
17the permit. The issuing officer may also revoke the permit of
18a person whom the issuing officer later finds was not qualified
19for such a permit at the time of issuance or whom the officer
20finds provided materially false information on the permit
21application. A person aggrieved by a suspension or revocation
22under this subsection may seek review of the decision pursuant
23to section 724.21A, Code 2020.
24 Sec. 4. Section 724.16, Code 2021, is amended to read as
25follows:
26724.16 Permit to acquire required — transfer prohibited
27 Pistols and revolvers — acquiring or transferring prohibitions.
281. Except as otherwise provided in section 724.15,
29subsection 2, a A person who acquires ownership of a pistol or
30revolver without a valid permit to acquire pistols or revolvers
31or a person who transfers ownership of a pistol or revolver
32to a person who does not have in the person’s possession a
33valid permit to acquire pistols or revolvers from a federally
34licensed firearms dealer in violation of section 724.15 is
35guilty of an aggravated misdemeanor.
-2- 12. A person who transfers ownership of a pistol or revolver
2to a person that the transferor knows is prohibited by section
3724.15 from acquiring ownership of a pistol or revolver commits
4a class “D” felony.
5 Sec. 5. Section 724.21A, subsections 1, 7, and 8, Code 2021,
6are amended to read as follows:
71. In any case where in which the sheriff or the
8commissioner of public safety denies an application for or
9suspends or revokes a permit to carry weapons or a permit to
10acquire pistols or revolvers, the sheriff or commissioner shall
11provide a written statement of the reasons for the denial,
12suspension, or revocation and the applicant or permit holder
13shall have the right to appeal the denial, suspension, or
14revocation to an administrative law judge in the department of
15inspections and appeals within thirty days of receiving written
16notice of the denial, suspension, or revocation.
177. In any case where in which the issuing officer denies
18an application for, or suspends or revokes a permit to carry
19weapons or a permit to acquire pistols or revolvers solely
20because of an adverse determination by the national instant
21criminal background check system, the applicant or permit
22holder shall not seek relief under this section but may pursue
23relief of the national instant criminal background check system
24determination pursuant to Pub.L. No.103-159, sections 103(f)
25and (g) and 104 and 28 C.F.R. §25.10, or other applicable law.
26The outcome of such proceedings shall be binding on the issuing
27officer.
288. If an applicant or permit holder appeals the decision
29by the sheriff or commissioner to deny an application for or
30suspend or revoke a permit to carry weapons or a permit to
31acquire pistols or revolvers, and it is later determined on
32appeal the applicant or permit holder is eligible to be issued
33or possess a permit to carry weapons or a permit to acquire
34pistols or revolvers, the applicant or permit holder shall
35be awarded court costs and reasonable attorney fees. If the
-3-1decision of the sheriff or commissioner to deny an application
2for or suspend or revoke a permit to carry weapons or a permit
3to acquire pistols or revolvers is upheld on appeal, or the
4applicant or permit holder withdraws or dismisses the appeal,
5the political subdivision of the state representing the sheriff
6or the state department representing the commissioner shall be
7awarded court costs and reasonable attorney fees.
8 Sec. 6. Section 724.27, subsection 1, unnumbered paragraph
91, Code 2021, is amended to read as follows:
10The provisions of section 724.8, section 724.15, subsection
111 2, and section 724.26 shall not apply to a person who is
12eligible to have the person’s civil rights regarding firearms
13restored under section 914.7 if any of the following occur:
14 Sec. 7. REPEAL. Sections 724.17, 724.18, 724.19, and
15724.20, Code 2021, are repealed.
16 Sec. 8. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR
17REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire
18issued under the provisions of chapter 724, Code 2020, prior to
19July 1, 2021, shall be considered a valid permit to acquire as
20long as the permit has not expired unless the person becomes
21ineligible to acquire a pistol or revolver.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to acquiring pistols and revolvers.
26Current law provides that any person who intends to purchase
27a pistol or revolver is required to first obtain an annual
28permit to acquire pistols or revolvers unless the person is
29otherwise exempt from obtaining such a permit. It is the
30intent of the bill to satisfy federal requirements of 18 U.S.C.
31§922(t)(3) in order to acquire a pistol or revolver. The bill
32provides that as of July 1, 2021, the state shall no longer
33issue a permit to acquire. In order to acquire a pistol or
34revolver from a federally licensed firearms dealer, a person
35is required to have a valid permit to carry weapons issued in
-4-1accordance with Code chapter 724 or the person must complete
2a satisfactory national instant criminal background check
3pursuant to 18 U.S.C. §922(t). The bill provides that a valid
4permit to carry weapons or license issued by another state to
5any nonresident of this state does not satisfy the requirements
6to acquire a pistol or revolver in this state.
7The bill also makes a conforming change to Code section
829C.25 (emergency management and security — firearms and
9ammunition) due to the elimination of the permit to acquire.
10Under the bill, a person is not eligible to acquire a pistol
11or revolver if the person is less than 21 years of age, is
12prohibited by Code section 724.26 (felon in possession of a
13firearm), federal law, or is prohibited by a court order from
14possessing, shipping, transporting, or receiving a firearm.
15The bill provides that a permit to acquire a pistol or
16revolver issued under Code chapter 724 (Code 2020) prior to
17July 1, 2021, shall be considered a valid permit to acquire as
18long as the permit has not expired unless the person becomes
19ineligible to acquire a pistol or revolver.
20The bill, in Code section 724.15, provides that a permit to
21acquire firearms issued prior to July 1, 2021, may be suspended
22or revoked by the issuing officer and the aggrieved permit
23holder may file an appeal with an administrative law judge
24under Code section 724.21A pursuant to the 2020 Code.
25Consistent with striking the requirement to obtain a
26permit to acquire a pistol or revolver, and moving certain
27requirements to acquire a pistol or revolver into Code section
28724.15 as amended in the bill, the bill repeals Code sections
29724.17 (application for permit to acquire — criminal history
30check), 724.18 (procedure for making application for permit to
31acquire), 724.19 (issuance of annual permit to acquire), and
32724.20 (validity of permit to acquire pistols or revolvers).
33The bill amends Code section 724.16 (permit to acquire —
34transfer prohibited) by providing that a person who acquires
35ownership of a pistol or revolver from a federally licensed
-5-1firearms dealer in violation of Code section 724.15 is guilty
2of an aggravated misdemeanor. Currently, a person who acquires
3ownership of a pistol or revolver without a valid permit
4to acquire pistols or revolvers or a person who transfers
5ownership of a pistol or revolver to a person who does not have
6in the person’s possession a valid permit to acquire pistols
7or revolvers is guilty of an aggravated misdemeanor, except as
8otherwise provided in Code section 724.15(2).
9The bill makes a conforming change to Code section 724.27
10relating to the restoration of firearms rights.
11An aggravated misdemeanor, as referenced in the bill, is
12punishable by confinement for no more than two years and a fine
13of at least $855 but not more than $8,540.
-6-js/rh
2penalties, and including applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 29C.25, subsection 1, paragraph b, Code
22021, is amended to read as follows:
3b. Suspend or revoke, except in accordance with section
4724.13, a permit issued pursuant to section 724.6, or 724.7,
5or 724.15.
6 Sec. 2. Section 724.11A, Code 2021, is amended to read as
7follows:
8724.11A Recognition.
9A valid permit or license issued by another state to any
10nonresident of this state shall be considered to be a valid
11permit or license to carry weapons issued pursuant to this
12chapter, except that such permit or license shall not be
13considered to be a substitute for a permit to acquire pistols
14or revolvers issued pursuant to section 724.15 deemed to
15satisfy the requirements of section 724.15.
16 Sec. 3. Section 724.15, Code 2021, is amended by striking
17the section and inserting in lieu thereof the following:
18724.15 Acquiring pistols or revolvers.
191. It is the intent of this section to satisfy federal
20requirements of 18 U.S.C.§922(t)(3) in order to acquire
21pistols or revolvers. As of July 1, 2021, the state shall no
22longer issue a permit to acquire. In order to acquire a pistol
23or revolver from a federally licensed firearms dealer, a person
24is required to have a valid permit to carry weapons issued
25in accordance with this chapter or the person must complete
26a satisfactory national instant criminal background check
27pursuant to 18 U.S.C.§922(t).
282. A person shall not acquire a pistol or revolver who is
29subject to any of the following:
30a. Is under twenty-one years of age.
31b. Is prohibited by section 724.26 or federal law from
32possessing, shipping, transporting, or receiving a firearm.
33c. Is prohibited by court order from possessing, shipping,
34transporting, or receiving a firearm.
353. An issuing officer who finds that a person issued a
-1-1permit to acquire pistols or revolvers under this chapter
2prior to July 1, 2021, has been arrested for a disqualifying
3offense or who is the subject of proceedings that could lead
4to the person’s ineligibility for such permit, may immediately
5suspend such permit. An issuing officer proceeding under
6this subsection shall immediately notify the permit holder
7of the suspension by personal service or certified mail on a
8form prescribed and published by the commissioner of public
9safety and the suspension shall become effective upon the
10permit holder’s receipt of such notice. If the suspension is
11based on an arrest or a proceeding that does not result in a
12disqualifying conviction or finding against the permit holder,
13the issuing officer shall immediately reinstate the permit upon
14receipt of proof of the matter’s final disposition. If the
15arrest leads to a disqualifying conviction or the proceedings
16to a disqualifying finding, the issuing officer shall revoke
17the permit. The issuing officer may also revoke the permit of
18a person whom the issuing officer later finds was not qualified
19for such a permit at the time of issuance or whom the officer
20finds provided materially false information on the permit
21application. A person aggrieved by a suspension or revocation
22under this subsection may seek review of the decision pursuant
23to section 724.21A, Code 2020.
24 Sec. 4. Section 724.16, Code 2021, is amended to read as
25follows:
26724.16 Permit to acquire required — transfer prohibited
27 Pistols and revolvers — acquiring or transferring prohibitions.
281. Except as otherwise provided in section 724.15,
29subsection 2, a A person who acquires ownership of a pistol or
30revolver without a valid permit to acquire pistols or revolvers
31or a person who transfers ownership of a pistol or revolver
32to a person who does not have in the person’s possession a
33valid permit to acquire pistols or revolvers from a federally
34licensed firearms dealer in violation of section 724.15 is
35guilty of an aggravated misdemeanor.
-2- 12. A person who transfers ownership of a pistol or revolver
2to a person that the transferor knows is prohibited by section
3724.15 from acquiring ownership of a pistol or revolver commits
4a class “D” felony.
5 Sec. 5. Section 724.21A, subsections 1, 7, and 8, Code 2021,
6are amended to read as follows:
71. In any case where in which the sheriff or the
8commissioner of public safety denies an application for or
9suspends or revokes a permit to carry weapons or a permit to
10acquire pistols or revolvers, the sheriff or commissioner shall
11provide a written statement of the reasons for the denial,
12suspension, or revocation and the applicant or permit holder
13shall have the right to appeal the denial, suspension, or
14revocation to an administrative law judge in the department of
15inspections and appeals within thirty days of receiving written
16notice of the denial, suspension, or revocation.
177. In any case where in which the issuing officer denies
18an application for, or suspends or revokes a permit to carry
19weapons or a permit to acquire pistols or revolvers solely
20because of an adverse determination by the national instant
21criminal background check system, the applicant or permit
22holder shall not seek relief under this section but may pursue
23relief of the national instant criminal background check system
24determination pursuant to Pub.L. No.103-159, sections 103(f)
25and (g) and 104 and 28 C.F.R. §25.10, or other applicable law.
26The outcome of such proceedings shall be binding on the issuing
27officer.
288. If an applicant or permit holder appeals the decision
29by the sheriff or commissioner to deny an application for or
30suspend or revoke a permit to carry weapons or a permit to
31acquire pistols or revolvers, and it is later determined on
32appeal the applicant or permit holder is eligible to be issued
33or possess a permit to carry weapons or a permit to acquire
34pistols or revolvers, the applicant or permit holder shall
35be awarded court costs and reasonable attorney fees. If the
-3-1decision of the sheriff or commissioner to deny an application
2for or suspend or revoke a permit to carry weapons or a permit
3to acquire pistols or revolvers is upheld on appeal, or the
4applicant or permit holder withdraws or dismisses the appeal,
5the political subdivision of the state representing the sheriff
6or the state department representing the commissioner shall be
7awarded court costs and reasonable attorney fees.
8 Sec. 6. Section 724.27, subsection 1, unnumbered paragraph
91, Code 2021, is amended to read as follows:
10The provisions of section 724.8, section 724.15, subsection
111 2, and section 724.26 shall not apply to a person who is
12eligible to have the person’s civil rights regarding firearms
13restored under section 914.7 if any of the following occur:
14 Sec. 7. REPEAL. Sections 724.17, 724.18, 724.19, and
15724.20, Code 2021, are repealed.
16 Sec. 8. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR
17REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire
18issued under the provisions of chapter 724, Code 2020, prior to
19July 1, 2021, shall be considered a valid permit to acquire as
20long as the permit has not expired unless the person becomes
21ineligible to acquire a pistol or revolver.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to acquiring pistols and revolvers.
26Current law provides that any person who intends to purchase
27a pistol or revolver is required to first obtain an annual
28permit to acquire pistols or revolvers unless the person is
29otherwise exempt from obtaining such a permit. It is the
30intent of the bill to satisfy federal requirements of 18 U.S.C.
31§922(t)(3) in order to acquire a pistol or revolver. The bill
32provides that as of July 1, 2021, the state shall no longer
33issue a permit to acquire. In order to acquire a pistol or
34revolver from a federally licensed firearms dealer, a person
35is required to have a valid permit to carry weapons issued in
-4-1accordance with Code chapter 724 or the person must complete
2a satisfactory national instant criminal background check
3pursuant to 18 U.S.C. §922(t). The bill provides that a valid
4permit to carry weapons or license issued by another state to
5any nonresident of this state does not satisfy the requirements
6to acquire a pistol or revolver in this state.
7The bill also makes a conforming change to Code section
829C.25 (emergency management and security — firearms and
9ammunition) due to the elimination of the permit to acquire.
10Under the bill, a person is not eligible to acquire a pistol
11or revolver if the person is less than 21 years of age, is
12prohibited by Code section 724.26 (felon in possession of a
13firearm), federal law, or is prohibited by a court order from
14possessing, shipping, transporting, or receiving a firearm.
15The bill provides that a permit to acquire a pistol or
16revolver issued under Code chapter 724 (Code 2020) prior to
17July 1, 2021, shall be considered a valid permit to acquire as
18long as the permit has not expired unless the person becomes
19ineligible to acquire a pistol or revolver.
20The bill, in Code section 724.15, provides that a permit to
21acquire firearms issued prior to July 1, 2021, may be suspended
22or revoked by the issuing officer and the aggrieved permit
23holder may file an appeal with an administrative law judge
24under Code section 724.21A pursuant to the 2020 Code.
25Consistent with striking the requirement to obtain a
26permit to acquire a pistol or revolver, and moving certain
27requirements to acquire a pistol or revolver into Code section
28724.15 as amended in the bill, the bill repeals Code sections
29724.17 (application for permit to acquire — criminal history
30check), 724.18 (procedure for making application for permit to
31acquire), 724.19 (issuance of annual permit to acquire), and
32724.20 (validity of permit to acquire pistols or revolvers).
33The bill amends Code section 724.16 (permit to acquire —
34transfer prohibited) by providing that a person who acquires
35ownership of a pistol or revolver from a federally licensed
-5-1firearms dealer in violation of Code section 724.15 is guilty
2of an aggravated misdemeanor. Currently, a person who acquires
3ownership of a pistol or revolver without a valid permit
4to acquire pistols or revolvers or a person who transfers
5ownership of a pistol or revolver to a person who does not have
6in the person’s possession a valid permit to acquire pistols
7or revolvers is guilty of an aggravated misdemeanor, except as
8otherwise provided in Code section 724.15(2).
9The bill makes a conforming change to Code section 724.27
10relating to the restoration of firearms rights.
11An aggravated misdemeanor, as referenced in the bill, is
12punishable by confinement for no more than two years and a fine
13of at least $855 but not more than $8,540.
-6-js/rh