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House File 488 - 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, 2023, 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.
323. No person shall remove, deface, alter, or obliterate
33the name of any maker or model, maker’s number, unique serial
34number, or other mark of identification on any firearm.
35The possession of any firearm upon which any identifying
-1-1mark, number, or name has been removed, defaced, altered, or
2obliterated shall be prima facie evidence that the person
3owning or in possession of such firearm has removed, defaced,
4altered, or obliterated the identifying mark, number, or name.
54. a. A person shall not complete the manufacture of a
6firearm without subsequently obtaining a unique serial number
7or other mark of identification from the department pursuant
8to paragraph “b” and engraving upon or permanently affixing to
9the firearm such serial number or other mark in a manner that
10conforms with the requirements imposed on licensed importers
11and licensed manufacturers of firearms pursuant to 18 U.S.C.
12§923(i) and any regulation adopted thereunder.
13b. No later than thirty days after a person completes the
14manufacture of a firearm, or ninety days after the department
15provides notice pursuant to subsection 2, whichever date is
16later, the person shall request a unique serial number or other
17mark of identification by notifying the department of such
18manufacture and providing any identifying information to the
19department concerning the firearm and the owner of such firearm
20in a manner prescribed by the department. Upon receiving
21a properly submitted request for a unique serial number or
22other mark of identification from a person who completes the
23manufacture of a firearm, the department shall determine if
24the person is prohibited from purchasing or possessing a
25firearm. If the person is not prohibited from purchasing or
26possessing a firearm, the department shall issue to the person
27a unique serial number or other mark of identification no
28later than three business days after the person makes such
29request. Issuance of a unique serial number or other mark
30of identification pursuant to this subsection shall not be
31considered evidence that the firearm is otherwise lawfully
32possessed.
33c. A person shall not transfer to another person a firearm
34manufactured in violation of this subsection.
35d. A person shall not facilitate, aid, or abet the
-2-1manufacture of a firearm by a person or for a person who is
2otherwise prohibited by law from purchasing or possessing a
3firearm, or that a person is otherwise prohibited by law from
4purchasing or possessing.
5e. The provisions of this subsection do not apply to the
6manufacture of a firearm manufactured using an unfinished frame
7or lower receiver on which a serial number or other identifying
8mark has been engraved or permanently affixed pursuant to
9subsection 5.
10f. The provisions of this subsection do not apply to any of
11the following:
12(1) The manufacture of firearms by a federally licensed
13firearms manufacturer.
14(2) Any antique firearm or any firearm manufactured prior
15to the effective date of this Act, provided such firearm is
16otherwise lawfully possessed.
17(3) The delivery or transfer of a firearm to a law
18enforcement agency.
195. a. A person shall not sell, deliver, or otherwise
20transfer an unfinished frame or lower receiver that does not
21have a unique serial number or other mark of identification
22obtained pursuant to the system developed in subsection 2.
23b. A person may request a unique serial number or other mark
24of identification for an unfinished frame or lower receiver
25by providing any identifying information to the department
26concerning the unfinished frame or lower receiver and the
27owner of such unfinished frame or lower receiver in a manner
28prescribed by the department. Upon receiving a properly
29submitted request for a unique serial number or other mark
30of identification for an unfinished frame or lower receiver,
31the department shall determine if the person is prohibited
32from purchasing or possessing a firearm. If the person is
33not prohibited from purchasing or possessing a firearm, the
34department shall issue to the person a unique serial number
35or other mark of identification no later than three business
-3-1days after the person makes such request or ten days after the
2department provides notice pursuant to subsection 2, whichever
3date is later.
4c. A unique serial number or other identifying mark obtained
5pursuant to paragraph “b” shall be engraved upon or permanently
6affixed to the unfinished frame or lower receiver in a manner
7that conforms with the requirements imposed on licensed
8importers and licensed manufacturers of firearms pursuant to 18
9U.S.C. §923(i) and any regulation adopted thereunder.
10d. A person may arrange in advance to deliver and transfer
11an unfinished frame or lower receiver to the department or to a
12police department.
13e. On or after December 1, 2023, a person shall not possess
14an unfinished frame or lower receiver unless the person is
15eligible to purchase and possess a firearm under state and
16federal law.
17f. The provisions of this subsection do not apply to the
18sale, delivery, or transfer of an unfinished frame or lower
19receiver between any of the following:
20(1) A federally licensed firearms manufacturer and a
21federally licensed firearms dealer.
22(2) A federally licensed firearms importer and a federally
23licensed firearms dealer.
24(3) Multiple federally licensed firearms dealers.
256. A person shall not manufacture any firearm from polymer
26plastic that, after removal of grips, stocks, and magazines,
27does not have a unique serial number or other mark of
28identification, and is not as detectable as a security exemplar
29by walk-through metal detectors calibrated and operated to
30detect the security exemplar.
317. a. Except as otherwise provided in paragraph “b”, a
32person who violates a provision of this section commits a class
33“C” felony.
34b. A person who sells, delivers, or otherwise transfers
35an unfinished frame or lower receiver in violation of the
-4-1provisions of this section knowing that such unfinished frame
2or lower receiver is stolen or that the manufacturer’s number
3or other mark of identification on such unfinished frame or
4lower receiver has been altered, removed, or obliterated
5commits a class “B” felony.
6c. Any firearm or unfinished frame or lower receiver
7possessed in violation of a provision of this section shall be
8forfeited to the department.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to identification markings on firearms and
13firearm parts.
14The bill requires the department of public safety (DPS), in
15consultation with the bureau of alcohol, tobacco, firearms, and
16explosives as necessary, by December 1, 2023, to develop and
17maintain a system to distribute a unique serial number or other
18mark of identification for a firearm or unfinished frame or
19lower receiver intended to be a part of a firearm to any person
20requesting such number or mark. The bill prohibits a person
21from removing, defacing, altering, or obliterating the name of
22any maker or model, maker’s number, unique serial number, or
23other mark of identification on any firearm. The possession of
24any firearm upon which any identifying mark, number, or name
25has been removed, defaced, altered, or obliterated shall be
26prima facie evidence that the person owning or in possession of
27such firearm has removed, defaced, altered, or obliterated the
28identifying mark, number, or name.
29The bill prohibits a person from completing the manufacture
30of a firearm without subsequently obtaining a unique serial
31number or other mark of identification from DPS and engraving
32upon or permanently affixing to the firearm such serial
33number or other mark in a manner that conforms with federal
34requirements. The bill prohibits a person from transferring
35to another person a firearm manufactured in violation of the
-5-1bill or facilitating, aiding, or abetting the manufacture
2of a firearm by a person or for a person who is otherwise
3prohibited by law from purchasing or possessing a firearm, or
4that a person is otherwise prohibited by law from purchasing
5or possessing.
6The prohibitions relating to the manufacture or transfer
7of firearms that do not have a proper identifying mark do not
8apply to the manufacture of a firearm manufactured using an
9unfinished frame or lower receiver on which a serial number
10or other identifying mark has been engraved or permanently
11affixed; to the manufacture of firearms by a federally licensed
12firearms manufacturer; to any antique firearm or any firearm
13manufactured prior to the effective date of the bill, provided
14such firearm is otherwise lawfully possessed; or to the
15delivery or transfer of a firearm to a law enforcement agency.
16The bill prohibits a person from selling, delivering, or
17otherwise transferring an unfinished frame or lower receiver
18that does not have a unique serial number or other mark of
19identification obtained pursuant to the bill. Beginning
20December 1, 2023, a person shall not possess an unfinished
21frame or lower receiver unless the person is eligible to
22purchase and possess a firearm under state and federal law.
23These provisions do not apply to the sale, delivery, or
24transfer of an unfinished frame or lower receiver between
25a federally licensed firearms manufacturer and a federally
26licensed firearms dealer, a federally licensed firearms
27importer and a federally licensed firearms dealer, or multiple
28federally licensed firearms dealers.
29The bill prohibits a person from manufacturing any firearm
30from polymer plastic that, after removal of grips, stocks,
31and magazines, does not have a unique serial number or other
32mark of identification, and is not as detectable as a security
33exemplar by walk-through metal detectors calibrated and
34operated to detect the security exemplar.
35Generally, a person who violates a provision of the bill
-6-1commits a class “C” felony. However, a person who sells,
2delivers, or otherwise transfers an unfinished frame or lower
3receiver in violation of the provisions of the bill knowing
4that such unfinished frame or lower receiver is stolen or that
5the manufacturer’s number or other mark of identification on
6such unfinished frame or lower receiver has been altered,
7removed, or obliterated commits a class “B” felony. Any
8firearm or unfinished frame or lower receiver possessed in
9violation of the bill shall be forfeited to DPS.
10A class “C” felony is punishable by confinement for no more
11than 10 years and a fine of at least $1,370 but not more than
12$13,660. A class “B” felony is punishable by confinement for
13no 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, 2023, 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.
323. No person shall remove, deface, alter, or obliterate
33the name of any maker or model, maker’s number, unique serial
34number, or other mark of identification on any firearm.
35The possession of any firearm upon which any identifying
-1-1mark, number, or name has been removed, defaced, altered, or
2obliterated shall be prima facie evidence that the person
3owning or in possession of such firearm has removed, defaced,
4altered, or obliterated the identifying mark, number, or name.
54. a. A person shall not complete the manufacture of a
6firearm without subsequently obtaining a unique serial number
7or other mark of identification from the department pursuant
8to paragraph “b” and engraving upon or permanently affixing to
9the firearm such serial number or other mark in a manner that
10conforms with the requirements imposed on licensed importers
11and licensed manufacturers of firearms pursuant to 18 U.S.C.
12§923(i) and any regulation adopted thereunder.
13b. No later than thirty days after a person completes the
14manufacture of a firearm, or ninety days after the department
15provides notice pursuant to subsection 2, whichever date is
16later, the person shall request a unique serial number or other
17mark of identification by notifying the department of such
18manufacture and providing any identifying information to the
19department concerning the firearm and the owner of such firearm
20in a manner prescribed by the department. Upon receiving
21a properly submitted request for a unique serial number or
22other mark of identification from a person who completes the
23manufacture of a firearm, the department shall determine if
24the person is prohibited from purchasing or possessing a
25firearm. If the person is not prohibited from purchasing or
26possessing a firearm, the department shall issue to the person
27a unique serial number or other mark of identification no
28later than three business days after the person makes such
29request. Issuance of a unique serial number or other mark
30of identification pursuant to this subsection shall not be
31considered evidence that the firearm is otherwise lawfully
32possessed.
33c. A person shall not transfer to another person a firearm
34manufactured in violation of this subsection.
35d. A person shall not facilitate, aid, or abet the
-2-1manufacture of a firearm by a person or for a person who is
2otherwise prohibited by law from purchasing or possessing a
3firearm, or that a person is otherwise prohibited by law from
4purchasing or possessing.
5e. The provisions of this subsection do not apply to the
6manufacture of a firearm manufactured using an unfinished frame
7or lower receiver on which a serial number or other identifying
8mark has been engraved or permanently affixed pursuant to
9subsection 5.
10f. The provisions of this subsection do not apply to any of
11the following:
12(1) The manufacture of firearms by a federally licensed
13firearms manufacturer.
14(2) Any antique firearm or any firearm manufactured prior
15to the effective date of this Act, provided such firearm is
16otherwise lawfully possessed.
17(3) The delivery or transfer of a firearm to a law
18enforcement agency.
195. a. A person shall not sell, deliver, or otherwise
20transfer an unfinished frame or lower receiver that does not
21have a unique serial number or other mark of identification
22obtained pursuant to the system developed in subsection 2.
23b. A person may request a unique serial number or other mark
24of identification for an unfinished frame or lower receiver
25by providing any identifying information to the department
26concerning the unfinished frame or lower receiver and the
27owner of such unfinished frame or lower receiver in a manner
28prescribed by the department. Upon receiving a properly
29submitted request for a unique serial number or other mark
30of identification for an unfinished frame or lower receiver,
31the department shall determine if the person is prohibited
32from purchasing or possessing a firearm. If the person is
33not prohibited from purchasing or possessing a firearm, the
34department shall issue to the person a unique serial number
35or other mark of identification no later than three business
-3-1days after the person makes such request or ten days after the
2department provides notice pursuant to subsection 2, whichever
3date is later.
4c. A unique serial number or other identifying mark obtained
5pursuant to paragraph “b” shall be engraved upon or permanently
6affixed to the unfinished frame or lower receiver in a manner
7that conforms with the requirements imposed on licensed
8importers and licensed manufacturers of firearms pursuant to 18
9U.S.C. §923(i) and any regulation adopted thereunder.
10d. A person may arrange in advance to deliver and transfer
11an unfinished frame or lower receiver to the department or to a
12police department.
13e. On or after December 1, 2023, a person shall not possess
14an unfinished frame or lower receiver unless the person is
15eligible to purchase and possess a firearm under state and
16federal law.
17f. The provisions of this subsection do not apply to the
18sale, delivery, or transfer of an unfinished frame or lower
19receiver between any of the following:
20(1) A federally licensed firearms manufacturer and a
21federally licensed firearms dealer.
22(2) A federally licensed firearms importer and a federally
23licensed firearms dealer.
24(3) Multiple federally licensed firearms dealers.
256. A person shall not manufacture any firearm from polymer
26plastic that, after removal of grips, stocks, and magazines,
27does not have a unique serial number or other mark of
28identification, and is not as detectable as a security exemplar
29by walk-through metal detectors calibrated and operated to
30detect the security exemplar.
317. a. Except as otherwise provided in paragraph “b”, a
32person who violates a provision of this section commits a class
33“C” felony.
34b. A person who sells, delivers, or otherwise transfers
35an unfinished frame or lower receiver in violation of the
-4-1provisions of this section knowing that such unfinished frame
2or lower receiver is stolen or that the manufacturer’s number
3or other mark of identification on such unfinished frame or
4lower receiver has been altered, removed, or obliterated
5commits a class “B” felony.
6c. Any firearm or unfinished frame or lower receiver
7possessed in violation of a provision of this section shall be
8forfeited to the department.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to identification markings on firearms and
13firearm parts.
14The bill requires the department of public safety (DPS), in
15consultation with the bureau of alcohol, tobacco, firearms, and
16explosives as necessary, by December 1, 2023, to develop and
17maintain a system to distribute a unique serial number or other
18mark of identification for a firearm or unfinished frame or
19lower receiver intended to be a part of a firearm to any person
20requesting such number or mark. The bill prohibits a person
21from removing, defacing, altering, or obliterating the name of
22any maker or model, maker’s number, unique serial number, or
23other mark of identification on any firearm. The possession of
24any firearm upon which any identifying mark, number, or name
25has been removed, defaced, altered, or obliterated shall be
26prima facie evidence that the person owning or in possession of
27such firearm has removed, defaced, altered, or obliterated the
28identifying mark, number, or name.
29The bill prohibits a person from completing the manufacture
30of a firearm without subsequently obtaining a unique serial
31number or other mark of identification from DPS and engraving
32upon or permanently affixing to the firearm such serial
33number or other mark in a manner that conforms with federal
34requirements. The bill prohibits a person from transferring
35to another person a firearm manufactured in violation of the
-5-1bill or facilitating, aiding, or abetting the manufacture
2of a firearm by a person or for a person who is otherwise
3prohibited by law from purchasing or possessing a firearm, or
4that a person is otherwise prohibited by law from purchasing
5or possessing.
6The prohibitions relating to the manufacture or transfer
7of firearms that do not have a proper identifying mark do not
8apply to the manufacture of a firearm manufactured using an
9unfinished frame or lower receiver on which a serial number
10or other identifying mark has been engraved or permanently
11affixed; to the manufacture of firearms by a federally licensed
12firearms manufacturer; to any antique firearm or any firearm
13manufactured prior to the effective date of the bill, provided
14such firearm is otherwise lawfully possessed; or to the
15delivery or transfer of a firearm to a law enforcement agency.
16The bill prohibits a person from selling, delivering, or
17otherwise transferring an unfinished frame or lower receiver
18that does not have a unique serial number or other mark of
19identification obtained pursuant to the bill. Beginning
20December 1, 2023, a person shall not possess an unfinished
21frame or lower receiver unless the person is eligible to
22purchase and possess a firearm under state and federal law.
23These provisions do not apply to the sale, delivery, or
24transfer of an unfinished frame or lower receiver between
25a federally licensed firearms manufacturer and a federally
26licensed firearms dealer, a federally licensed firearms
27importer and a federally licensed firearms dealer, or multiple
28federally licensed firearms dealers.
29The bill prohibits a person from manufacturing any firearm
30from polymer plastic that, after removal of grips, stocks,
31and magazines, does not have a unique serial number or other
32mark of identification, and is not as detectable as a security
33exemplar by walk-through metal detectors calibrated and
34operated to detect the security exemplar.
35Generally, a person who violates a provision of the bill
-6-1commits a class “C” felony. However, a person who sells,
2delivers, or otherwise transfers an unfinished frame or lower
3receiver in violation of the provisions of the bill knowing
4that such unfinished frame or lower receiver is stolen or that
5the manufacturer’s number or other mark of identification on
6such unfinished frame or lower receiver has been altered,
7removed, or obliterated commits a class “B” felony. Any
8firearm or unfinished frame or lower receiver possessed in
9violation of the bill shall be forfeited to DPS.
10A class “C” felony is punishable by confinement for no more
11than 10 years and a fine of at least $1,370 but not more than
12$13,660. A class “B” felony is punishable by confinement for
13no more than 25 years.
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