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Senate File 2252 - IntroducedA Bill ForAn Act 1relating to identification markings on firearms and
2firearm parts, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Identification marks on
2firearms — manufacturing firearms — penalties.
31. As used in this section:
4a. “Antique firearm” means the same as the term is defined
5in 18 U.S.C. §921.
6b. “Department” means the department of public safety.
7c. “Firearm” means the same as the term is defined in 18
8U.S.C. §921.
9d. “Manufacture” means to fabricate or construct a firearm,
10including the initial assembly.
11e. “Security exemplar” means the same as the term is defined
12in 18 U.S.C. §922.
13f. “Unfinished frame or lower receiver” means a blank,
14casting, or machined body intended to be turned into the frame
15or lower receiver of a firearm, with additional machining, and
16that has been formed or machined to the point at which most
17major machining operations have been completed to turn the
18blank, casting, or machined body into a frame or lower receiver
19of a firearm, even if the fire control cavity area of such
20blank, casting, or machined body is still completely solid
21and unmachined. “Unfinished frame or lower receiver” does not
22include a firearm.
232. No later than December 1, 2022, the department, in
24consultation with the bureau of alcohol, tobacco, firearms,
25and explosives as necessary, shall develop and maintain a
26system to distribute a unique serial number or other mark of
27identification to any person requesting such number or mark
28pursuant to subsection 4 or 5. The department shall provide
29notice that the system is operational by posting a notification
30on the department’s internet site and by electronically
31notifying federally licensed firearms dealers. The department
32shall maintain identifying information of the person requesting
33the number or mark and of the firearm or unfinished frame or
34lower receiver for which each number or mark is requested.
353. No person shall remove, deface, alter, or obliterate
-1-1the name of any maker or model, maker’s number, unique serial
2number, or other mark of identification on any firearm.
3The possession of any firearm upon which any identifying
4mark, number, or name has been removed, defaced, altered, or
5obliterated shall be prima facie evidence that the person
6owning or in possession of such firearm has removed, defaced,
7altered, or obliterated the identifying mark, number, or name.
84. a. A person shall not complete the manufacture of a
9firearm without subsequently obtaining a unique serial number
10or other mark of identification from the department pursuant
11to paragraph “b” and engraving upon or permanently affixing to
12the firearm such serial number or other mark in a manner that
13conforms with the requirements imposed on licensed importers
14and licensed manufacturers of firearms pursuant to 18 U.S.C.
15§923(i) and any regulation adopted thereunder.
16b. No later than thirty days after a person completes the
17manufacture of a firearm, or ninety days after the department
18provides notice pursuant to subsection 2, whichever date is
19later, the person shall request a unique serial number or other
20mark of identification by notifying the department of such
21manufacture and providing any identifying information to the
22department concerning the firearm and the owner of such firearm
23in a manner prescribed by the department. Upon receiving
24a properly submitted request for a unique serial number or
25other mark of identification from a person who completes the
26manufacture of a firearm, the department shall determine if
27the person is prohibited from purchasing or possessing a
28firearm. If the person is not prohibited from purchasing or
29possessing a firearm, the department shall issue to the person
30a unique serial number or other mark of identification no
31later than three business days after the person makes such
32request. Issuance of a unique serial number or other mark
33of identification pursuant to this subsection shall not be
34considered evidence that the firearm is otherwise lawfully
35possessed.
-2- 1c. A person shall not transfer to another person a firearm
2manufactured in violation of this subsection.
3d. A person shall not facilitate, aid, or abet the
4manufacture of a firearm by a person or for a person who is
5otherwise prohibited by law from purchasing or possessing a
6firearm, or that a person is otherwise prohibited by law from
7purchasing or possessing.
8e. The provisions of this subsection do not apply to the
9manufacture of a firearm manufactured using an unfinished frame
10or lower receiver on which a serial number or other identifying
11mark has been engraved or permanently affixed pursuant to
12subsection 5.
13f. The provisions of this subsection do not apply to any of
14the following:
15(1) The manufacture of firearms by a federally licensed
16firearms manufacturer.
17(2) Any antique firearm or any firearm manufactured prior
18to the effective date of this Act, provided such firearm is
19otherwise lawfully possessed.
20(3) The delivery or transfer of a firearm to a law
21enforcement agency.
225. a. A person shall not sell, deliver, or otherwise
23transfer an unfinished frame or lower receiver that does not
24have a unique serial number or other mark of identification
25obtained pursuant to the system developed in subsection 2.
26b. A person may request a unique serial number or other mark
27of identification for an unfinished frame or lower receiver
28by providing any identifying information to the department
29concerning the unfinished frame or lower receiver and the
30owner of such unfinished frame or lower receiver in a manner
31prescribed by the department. Upon receiving a properly
32submitted request for a unique serial number or other mark
33of identification for an unfinished frame or lower receiver,
34the department shall determine if the person is prohibited
35from purchasing or possessing a firearm. If the person is
-3-1not prohibited from purchasing or possessing a firearm, the
2department shall issue to the person a unique serial number
3or other mark of identification no later than three business
4days after the person makes such request or ten days after the
5department provides notice pursuant to subsection 2, whichever
6date is later.
7c. A unique serial number or other identifying mark obtained
8pursuant to paragraph “b” shall be engraved upon or permanently
9affixed to the unfinished frame or lower receiver in a manner
10that conforms with the requirements imposed on licensed
11importers and licensed manufacturers of firearms pursuant to 18
12U.S.C. §923(i) and any regulation adopted thereunder.
13d. A person may arrange in advance to deliver and transfer
14an unfinished frame or lower receiver to the department or to a
15police department.
16e. On or after December 1, 2022, a person shall not possess
17an unfinished frame or lower receiver unless the person is
18eligible to purchase and possess a firearm under state and
19federal law.
20f. The provisions of this subsection do not apply to the
21sale, delivery, or transfer of an unfinished frame or lower
22receiver between any of the following:
23(1) A federally licensed firearms manufacturer and a
24federally licensed firearms dealer.
25(2) A federally licensed firearms importer and a federally
26licensed firearms dealer.
27(3) Multiple federally licensed firearms dealers.
286. A person shall not manufacture any firearm from polymer
29plastic that, after removal of grips, stocks, and magazines,
30is not as detectable as a security exemplar by walk-through
31metal detectors calibrated and operated to detect the security
32exemplar.
337. a. Except as otherwise provided in paragraph “b”, a
34person who violates a provision of this section commits a class
35“C” felony.
-4- 1b. A person who sells, delivers, or otherwise transfers
2an unfinished frame or lower receiver in violation of the
3provisions of this section knowing that such unfinished frame
4or lower receiver is stolen or that the manufacturer’s number
5or other mark of identification on such unfinished frame or
6lower receiver has been altered, removed, or obliterated
7commits a class “B” felony.
8c. Any firearm or unfinished frame or lower receiver
9possessed in violation of a provision of this section shall be
10forfeited to the department.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to identification markings on firearms and
15firearm parts.
16The bill requires the department of public safety (DPS), in
17consultation with the bureau of alcohol, tobacco, firearms, and
18explosives as necessary, by December 1, 2022, to develop and
19maintain a system to distribute a unique serial number or other
20mark of identification for a firearm or unfinished frame or
21lower receiver intended to be a part of a firearm to any person
22requesting such number or mark. The bill prohibits a person
23from removing, defacing, altering, or obliterating the name of
24any maker or model, maker’s number, unique serial number, or
25other mark of identification on any firearm. The possession of
26any firearm upon which any identifying mark, number, or name
27has been removed, defaced, altered, or obliterated shall be
28prima facie evidence that the person owning or in possession of
29such firearm has removed, defaced, altered, or obliterated the
30identifying mark, number, or name.
31The bill prohibits a person from completing the manufacture
32of a firearm without subsequently obtaining a unique serial
33number or other mark of identification from DPS and engraving
34upon or permanently affixing to the firearm such serial
35number or other mark in a manner that conforms with federal
-5-1requirements. The bill prohibits a person from transferring
2to another person a firearm manufactured in violation of the
3bill or facilitating, aiding, or abetting the manufacture
4of a firearm by a person or for a person who is otherwise
5prohibited by law from purchasing or possessing a firearm, or
6that a person is otherwise prohibited by law from purchasing
7or possessing.
8The prohibitions relating to the manufacture or transfer
9of firearms that do not have a proper identifying mark do not
10apply to the manufacture of a firearm manufactured using an
11unfinished frame or lower receiver on which a serial number
12or other identifying mark has been engraved or permanently
13affixed; to the manufacture of firearms by a federally licensed
14firearms manufacturer; to any antique firearm or any firearm
15manufactured prior to the effective date of the bill, provided
16such firearm is otherwise lawfully possessed; or to the
17delivery or transfer of a firearm to a law enforcement agency.
18The bill prohibits a person from selling, delivering, or
19otherwise transferring an unfinished frame or lower receiver
20that does not have a unique serial number or other mark of
21identification obtained pursuant to the bill. Beginning
22December 1, 2022, a person shall not possess an unfinished
23frame or lower receiver unless the person is eligible to
24purchase and possess a firearm under state and federal law.
25These provisions do not apply to the sale, delivery, or
26transfer of an unfinished frame or lower receiver between
27a federally licensed firearms manufacturer and a federally
28licensed firearms dealer, a federally licensed firearms
29importer and a federally licensed firearms dealer, or multiple
30federally licensed firearms dealers.
31The bill prohibits a person from manufacturing any firearm
32from polymer plastic that, after removal of grips, stocks,
33and magazines, is not as detectable as a security exemplar by
34walk-through metal detectors calibrated and operated to detect
35the security exemplar.
-6- 1Generally, a person who violates a provision of the bill
2commits a class “C” felony. However, a person who sells,
3delivers, or otherwise transfers an unfinished frame or lower
4receiver in violation of the provisions of the bill knowing
5that such unfinished frame or lower receiver is stolen or that
6the manufacturer’s number or other mark of identification on
7such unfinished frame or lower receiver has been altered,
8removed, or obliterated commits a class “B” felony. Any
9firearm or unfinished frame or lower receiver possessed in
10violation of the bill shall be forfeited to DPS.
11A class “C” felony is punishable by confinement for no more
12than 10 years and a fine of at least $1,370 but not more than
13$13,660. A class “B” felony is punishable by confinement for
14no more than 25 years.
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2firearm parts, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Identification marks on
2firearms — manufacturing firearms — penalties.
31. As used in this section:
4a. “Antique firearm” means the same as the term is defined
5in 18 U.S.C. §921.
6b. “Department” means the department of public safety.
7c. “Firearm” means the same as the term is defined in 18
8U.S.C. §921.
9d. “Manufacture” means to fabricate or construct a firearm,
10including the initial assembly.
11e. “Security exemplar” means the same as the term is defined
12in 18 U.S.C. §922.
13f. “Unfinished frame or lower receiver” means a blank,
14casting, or machined body intended to be turned into the frame
15or lower receiver of a firearm, with additional machining, and
16that has been formed or machined to the point at which most
17major machining operations have been completed to turn the
18blank, casting, or machined body into a frame or lower receiver
19of a firearm, even if the fire control cavity area of such
20blank, casting, or machined body is still completely solid
21and unmachined. “Unfinished frame or lower receiver” does not
22include a firearm.
232. No later than December 1, 2022, the department, in
24consultation with the bureau of alcohol, tobacco, firearms,
25and explosives as necessary, shall develop and maintain a
26system to distribute a unique serial number or other mark of
27identification to any person requesting such number or mark
28pursuant to subsection 4 or 5. The department shall provide
29notice that the system is operational by posting a notification
30on the department’s internet site and by electronically
31notifying federally licensed firearms dealers. The department
32shall maintain identifying information of the person requesting
33the number or mark and of the firearm or unfinished frame or
34lower receiver for which each number or mark is requested.
353. No person shall remove, deface, alter, or obliterate
-1-1the name of any maker or model, maker’s number, unique serial
2number, or other mark of identification on any firearm.
3The possession of any firearm upon which any identifying
4mark, number, or name has been removed, defaced, altered, or
5obliterated shall be prima facie evidence that the person
6owning or in possession of such firearm has removed, defaced,
7altered, or obliterated the identifying mark, number, or name.
84. a. A person shall not complete the manufacture of a
9firearm without subsequently obtaining a unique serial number
10or other mark of identification from the department pursuant
11to paragraph “b” and engraving upon or permanently affixing to
12the firearm such serial number or other mark in a manner that
13conforms with the requirements imposed on licensed importers
14and licensed manufacturers of firearms pursuant to 18 U.S.C.
15§923(i) and any regulation adopted thereunder.
16b. No later than thirty days after a person completes the
17manufacture of a firearm, or ninety days after the department
18provides notice pursuant to subsection 2, whichever date is
19later, the person shall request a unique serial number or other
20mark of identification by notifying the department of such
21manufacture and providing any identifying information to the
22department concerning the firearm and the owner of such firearm
23in a manner prescribed by the department. Upon receiving
24a properly submitted request for a unique serial number or
25other mark of identification from a person who completes the
26manufacture of a firearm, the department shall determine if
27the person is prohibited from purchasing or possessing a
28firearm. If the person is not prohibited from purchasing or
29possessing a firearm, the department shall issue to the person
30a unique serial number or other mark of identification no
31later than three business days after the person makes such
32request. Issuance of a unique serial number or other mark
33of identification pursuant to this subsection shall not be
34considered evidence that the firearm is otherwise lawfully
35possessed.
-2- 1c. A person shall not transfer to another person a firearm
2manufactured in violation of this subsection.
3d. A person shall not facilitate, aid, or abet the
4manufacture of a firearm by a person or for a person who is
5otherwise prohibited by law from purchasing or possessing a
6firearm, or that a person is otherwise prohibited by law from
7purchasing or possessing.
8e. The provisions of this subsection do not apply to the
9manufacture of a firearm manufactured using an unfinished frame
10or lower receiver on which a serial number or other identifying
11mark has been engraved or permanently affixed pursuant to
12subsection 5.
13f. The provisions of this subsection do not apply to any of
14the following:
15(1) The manufacture of firearms by a federally licensed
16firearms manufacturer.
17(2) Any antique firearm or any firearm manufactured prior
18to the effective date of this Act, provided such firearm is
19otherwise lawfully possessed.
20(3) The delivery or transfer of a firearm to a law
21enforcement agency.
225. a. A person shall not sell, deliver, or otherwise
23transfer an unfinished frame or lower receiver that does not
24have a unique serial number or other mark of identification
25obtained pursuant to the system developed in subsection 2.
26b. A person may request a unique serial number or other mark
27of identification for an unfinished frame or lower receiver
28by providing any identifying information to the department
29concerning the unfinished frame or lower receiver and the
30owner of such unfinished frame or lower receiver in a manner
31prescribed by the department. Upon receiving a properly
32submitted request for a unique serial number or other mark
33of identification for an unfinished frame or lower receiver,
34the department shall determine if the person is prohibited
35from purchasing or possessing a firearm. If the person is
-3-1not prohibited from purchasing or possessing a firearm, the
2department shall issue to the person a unique serial number
3or other mark of identification no later than three business
4days after the person makes such request or ten days after the
5department provides notice pursuant to subsection 2, whichever
6date is later.
7c. A unique serial number or other identifying mark obtained
8pursuant to paragraph “b” shall be engraved upon or permanently
9affixed to the unfinished frame or lower receiver in a manner
10that conforms with the requirements imposed on licensed
11importers and licensed manufacturers of firearms pursuant to 18
12U.S.C. §923(i) and any regulation adopted thereunder.
13d. A person may arrange in advance to deliver and transfer
14an unfinished frame or lower receiver to the department or to a
15police department.
16e. On or after December 1, 2022, a person shall not possess
17an unfinished frame or lower receiver unless the person is
18eligible to purchase and possess a firearm under state and
19federal law.
20f. The provisions of this subsection do not apply to the
21sale, delivery, or transfer of an unfinished frame or lower
22receiver between any of the following:
23(1) A federally licensed firearms manufacturer and a
24federally licensed firearms dealer.
25(2) A federally licensed firearms importer and a federally
26licensed firearms dealer.
27(3) Multiple federally licensed firearms dealers.
286. A person shall not manufacture any firearm from polymer
29plastic that, after removal of grips, stocks, and magazines,
30is not as detectable as a security exemplar by walk-through
31metal detectors calibrated and operated to detect the security
32exemplar.
337. a. Except as otherwise provided in paragraph “b”, a
34person who violates a provision of this section commits a class
35“C” felony.
-4- 1b. A person who sells, delivers, or otherwise transfers
2an unfinished frame or lower receiver in violation of the
3provisions of this section knowing that such unfinished frame
4or lower receiver is stolen or that the manufacturer’s number
5or other mark of identification on such unfinished frame or
6lower receiver has been altered, removed, or obliterated
7commits a class “B” felony.
8c. Any firearm or unfinished frame or lower receiver
9possessed in violation of a provision of this section shall be
10forfeited to the department.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to identification markings on firearms and
15firearm parts.
16The bill requires the department of public safety (DPS), in
17consultation with the bureau of alcohol, tobacco, firearms, and
18explosives as necessary, by December 1, 2022, to develop and
19maintain a system to distribute a unique serial number or other
20mark of identification for a firearm or unfinished frame or
21lower receiver intended to be a part of a firearm to any person
22requesting such number or mark. The bill prohibits a person
23from removing, defacing, altering, or obliterating the name of
24any maker or model, maker’s number, unique serial number, or
25other mark of identification on any firearm. The possession of
26any firearm upon which any identifying mark, number, or name
27has been removed, defaced, altered, or obliterated shall be
28prima facie evidence that the person owning or in possession of
29such firearm has removed, defaced, altered, or obliterated the
30identifying mark, number, or name.
31The bill prohibits a person from completing the manufacture
32of a firearm without subsequently obtaining a unique serial
33number or other mark of identification from DPS and engraving
34upon or permanently affixing to the firearm such serial
35number or other mark in a manner that conforms with federal
-5-1requirements. The bill prohibits a person from transferring
2to another person a firearm manufactured in violation of the
3bill or facilitating, aiding, or abetting the manufacture
4of a firearm by a person or for a person who is otherwise
5prohibited by law from purchasing or possessing a firearm, or
6that a person is otherwise prohibited by law from purchasing
7or possessing.
8The prohibitions relating to the manufacture or transfer
9of firearms that do not have a proper identifying mark do not
10apply to the manufacture of a firearm manufactured using an
11unfinished frame or lower receiver on which a serial number
12or other identifying mark has been engraved or permanently
13affixed; to the manufacture of firearms by a federally licensed
14firearms manufacturer; to any antique firearm or any firearm
15manufactured prior to the effective date of the bill, provided
16such firearm is otherwise lawfully possessed; or to the
17delivery or transfer of a firearm to a law enforcement agency.
18The bill prohibits a person from selling, delivering, or
19otherwise transferring an unfinished frame or lower receiver
20that does not have a unique serial number or other mark of
21identification obtained pursuant to the bill. Beginning
22December 1, 2022, a person shall not possess an unfinished
23frame or lower receiver unless the person is eligible to
24purchase and possess a firearm under state and federal law.
25These provisions do not apply to the sale, delivery, or
26transfer of an unfinished frame or lower receiver between
27a federally licensed firearms manufacturer and a federally
28licensed firearms dealer, a federally licensed firearms
29importer and a federally licensed firearms dealer, or multiple
30federally licensed firearms dealers.
31The bill prohibits a person from manufacturing any firearm
32from polymer plastic that, after removal of grips, stocks,
33and magazines, is not as detectable as a security exemplar by
34walk-through metal detectors calibrated and operated to detect
35the security exemplar.
-6- 1Generally, a person who violates a provision of the bill
2commits a class “C” felony. However, a person who sells,
3delivers, or otherwise transfers an unfinished frame or lower
4receiver in violation of the provisions of the bill knowing
5that such unfinished frame or lower receiver is stolen or that
6the manufacturer’s number or other mark of identification on
7such unfinished frame or lower receiver has been altered,
8removed, or obliterated commits a class “B” felony. Any
9firearm or unfinished frame or lower receiver possessed in
10violation of the bill shall be forfeited to DPS.
11A class “C” felony is punishable by confinement for no more
12than 10 years and a fine of at least $1,370 but not more than
13$13,660. A class “B” felony is punishable by confinement for
14no more than 25 years.
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