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Senate File 145 - IntroducedA Bill ForAn Act 1eliminating the requirement of an annual permit to
2acquire a pistol or revolver.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.11A, Code 2017, is amended to read
2as follows:
3724.11A Recognition.
4A valid permit or license issued by another state to any
5nonresident of this state shall be considered to be a valid
6permit or license to carry weapons issued pursuant to this
7chapter, except that such permit or license shall not be
8considered to be a substitute for an annual permit to acquire
9pistols or revolvers issued pursuant to section 724.15.
10 Sec. 2. Section 724.21A, Code 2017, is amended to read as
11follows:
12724.21A Denial, suspension, or revocation of permit to carry
13weapons or permit to acquire pistols or revolvers.
141. In any case where the sheriff or the commissioner of
15public safety denies an application for or suspends or revokes
16a permit to carry weapons, or an annual permit to acquire
17pistols or revolvers, the sheriff or commissioner shall provide
18a written statement of the reasons for the denial, suspension,
19or revocation and the applicant or permit holder shall have the
20right to appeal the denial, suspension, or revocation to an
21administrative law judge in the department of inspections and
22appeals within thirty days of receiving written notice of the
23denial, suspension, or revocation.
242. The applicant or permit holder may file an appeal with
25an administrative law judge by filing a copy of the denial,
26suspension, or revocation notice with a written statement that
27clearly states the applicant’s reasons rebutting the denial,
28suspension, or revocation along with a fee of ten dollars.
29Additional supporting information relevant to the proceedings
30may also be included.
313. The administrative law judge shall, within forty-five
32days of receipt of the request for an appeal, set a hearing
33date. The hearing may be held by telephone or video conference
34at the discretion of the administrative law judge. The
35administrative law judge shall receive witness testimony and
-1-1other evidence relevant to the proceedings at the hearing. The
2hearing shall be conducted pursuant to chapter 17A.
34. Upon conclusion of the hearing, the administrative law
4judge shall order that the denial, suspension, or revocation
5of the permit be either rescinded or sustained. An applicant,
6permit holder, or issuing officer aggrieved by the final
7judgment of the administrative law judge shall have the right
8to judicial review in accordance with the terms of the Iowa
9administrative procedure Act, chapter 17A.
105. The standard of review under this section shall be
11clear and convincing evidence that the issuing officer’s
12written statement of the reasons for the denial, suspension, or
13revocation constituted probable cause to deny an application or
14to suspend or revoke a permit.
156. The department of inspections and appeals shall adopt
16rules pursuant to chapter 17A as necessary to carry out the
17provisions of this section.
187. In any case where the issuing officer denies an
19application for, or suspends or revokes a permit to carry
20weapons, or an annual permit to acquire pistols or revolvers
21 solely because of an adverse determination by the national
22instant criminal background check system, the applicant or
23permit holder shall not seek relief under this section but
24may pursue relief of the national instant criminal background
25check system determination pursuant to Pub.L. No.103-159,
26sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other
27applicable law. The outcome of such proceedings shall be
28binding on the issuing officer.
29 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph
301, Code 2017, is amended to read as follows:
31The provisions of section sections 724.8, section 724.15,
32subsection 1, and section 724.26 shall not apply to a person
33who is eligible to have the person’s civil rights regarding
34firearms restored under section 914.7 if any of the following
35occur:
-2-1 Sec. 4. REPEAL. Sections 724.15, 724.16, 724.17, 724.18,
2724.19, 724.20, and 724.21, Code 2017, are repealed.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill eliminates the requirement, pursuant to Code
7section 724.15, that a person who desires to acquire ownership
8of a pistol or revolver must apply for and be issued an
9annual permit to acquire a pistol or revolver unless certain
10exceptions apply.
11The bill repeals related Code sections relating to
12permit-to-acquire applications (Code sections 724.17 and
13724.18), issuance requirements and procedures (Code sections
14724.19, 724.20, and 724.21), and a related transfer of
15ownership and penalty provision (Code section 724.16). The
16bill makes conforming changes to Code sections 724.11A
17(recognition of out-of-state permits), 724.21A (provisions
18relating to the denial, suspension, or revocation of permits to
19acquire), and 724.27 (restoration of citizenship rights to a
20person convicted of a felony).
21Current law provides that a person who acquires ownership of
22a pistol or revolver without a valid annual permit to acquire
23pistols or revolvers or a person who transfers ownership of
24a pistol or revolver to a person who does not have in the
25person’s possession a valid annual permit to acquire pistols
26or revolvers is guilty of an aggravated misdemeanor, and a
27person who transfers ownership of a pistol or revolver to a
28person that the transferor knows is prohibited from acquiring
29ownership of a pistol or revolver commits a class “D” felony.
30In addition, current law provides that a person who gives a
31false name or presents false identification, or otherwise
32knowingly gives false material information to one from whom the
33person seeks to acquire a pistol or revolver commits a class
34“D” felony.
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2acquire a pistol or revolver.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.11A, Code 2017, is amended to read
2as follows:
3724.11A Recognition.
4A valid permit or license issued by another state to any
5nonresident of this state shall be considered to be a valid
6permit or license to carry weapons issued pursuant to this
7chapter, except that such permit or license shall not be
8considered to be a substitute for an annual permit to acquire
9pistols or revolvers issued pursuant to section 724.15.
10 Sec. 2. Section 724.21A, Code 2017, is amended to read as
11follows:
12724.21A Denial, suspension, or revocation of permit to carry
13weapons or permit to acquire pistols or revolvers.
141. In any case where the sheriff or the commissioner of
15public safety denies an application for or suspends or revokes
16a permit to carry weapons, or an annual permit to acquire
17pistols or revolvers, the sheriff or commissioner shall provide
18a written statement of the reasons for the denial, suspension,
19or revocation and the applicant or permit holder shall have the
20right to appeal the denial, suspension, or revocation to an
21administrative law judge in the department of inspections and
22appeals within thirty days of receiving written notice of the
23denial, suspension, or revocation.
242. The applicant or permit holder may file an appeal with
25an administrative law judge by filing a copy of the denial,
26suspension, or revocation notice with a written statement that
27clearly states the applicant’s reasons rebutting the denial,
28suspension, or revocation along with a fee of ten dollars.
29Additional supporting information relevant to the proceedings
30may also be included.
313. The administrative law judge shall, within forty-five
32days of receipt of the request for an appeal, set a hearing
33date. The hearing may be held by telephone or video conference
34at the discretion of the administrative law judge. The
35administrative law judge shall receive witness testimony and
-1-1other evidence relevant to the proceedings at the hearing. The
2hearing shall be conducted pursuant to chapter 17A.
34. Upon conclusion of the hearing, the administrative law
4judge shall order that the denial, suspension, or revocation
5of the permit be either rescinded or sustained. An applicant,
6permit holder, or issuing officer aggrieved by the final
7judgment of the administrative law judge shall have the right
8to judicial review in accordance with the terms of the Iowa
9administrative procedure Act, chapter 17A.
105. The standard of review under this section shall be
11clear and convincing evidence that the issuing officer’s
12written statement of the reasons for the denial, suspension, or
13revocation constituted probable cause to deny an application or
14to suspend or revoke a permit.
156. The department of inspections and appeals shall adopt
16rules pursuant to chapter 17A as necessary to carry out the
17provisions of this section.
187. In any case where the issuing officer denies an
19application for, or suspends or revokes a permit to carry
20weapons, or an annual permit to acquire pistols or revolvers
21 solely because of an adverse determination by the national
22instant criminal background check system, the applicant or
23permit holder shall not seek relief under this section but
24may pursue relief of the national instant criminal background
25check system determination pursuant to Pub.L. No.103-159,
26sections 103(f) and (g) and 104 and 28 C.F.R. §25.10, or other
27applicable law. The outcome of such proceedings shall be
28binding on the issuing officer.
29 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph
301, Code 2017, is amended to read as follows:
31The provisions of section sections 724.8, section 724.15,
32subsection 1, and section 724.26 shall not apply to a person
33who is eligible to have the person’s civil rights regarding
34firearms restored under section 914.7 if any of the following
35occur:
-2-1 Sec. 4. REPEAL. Sections 724.15, 724.16, 724.17, 724.18,
2724.19, 724.20, and 724.21, Code 2017, are repealed.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill eliminates the requirement, pursuant to Code
7section 724.15, that a person who desires to acquire ownership
8of a pistol or revolver must apply for and be issued an
9annual permit to acquire a pistol or revolver unless certain
10exceptions apply.
11The bill repeals related Code sections relating to
12permit-to-acquire applications (Code sections 724.17 and
13724.18), issuance requirements and procedures (Code sections
14724.19, 724.20, and 724.21), and a related transfer of
15ownership and penalty provision (Code section 724.16). The
16bill makes conforming changes to Code sections 724.11A
17(recognition of out-of-state permits), 724.21A (provisions
18relating to the denial, suspension, or revocation of permits to
19acquire), and 724.27 (restoration of citizenship rights to a
20person convicted of a felony).
21Current law provides that a person who acquires ownership of
22a pistol or revolver without a valid annual permit to acquire
23pistols or revolvers or a person who transfers ownership of
24a pistol or revolver to a person who does not have in the
25person’s possession a valid annual permit to acquire pistols
26or revolvers is guilty of an aggravated misdemeanor, and a
27person who transfers ownership of a pistol or revolver to a
28person that the transferor knows is prohibited from acquiring
29ownership of a pistol or revolver commits a class “D” felony.
30In addition, current law provides that a person who gives a
31false name or presents false identification, or otherwise
32knowingly gives false material information to one from whom the
33person seeks to acquire a pistol or revolver commits a class
34“D” felony.
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