House File 76 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER, ANDERSON,
                                     ABDUL=SAMAD, and
                                     OLDSON

                                      A BILL FOR

  1 An Act prohibiting the sale or transfer of semiautomatic
  2    assault weapons, providing penalties, and including
  3    effective date and applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1229YH (3) 86
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  724.1A  Semiautomatic assault weapon
  1  2 defined.
  1  3    1.  "Semiautomatic assault weapon" means any of the
  1  4 following:
  1  5    a.  A semiautomatic rifle that has the capability to accept
  1  6 a detachable ammunition magazine and that has any of the
  1  7 following:
  1  8    (1)  A pistol grip or thumbhole stock.
  1  9    (2)  A forward grip or any feature capable of functioning as
  1 10 a protruding grip that can be held by the nontrigger hand.
  1 11    (3)  A shroud attached to the barrel, or that partially or
  1 12 completely encircles the barrel, allowing the user to hold the
  1 13 firearm with the nontrigger hand without being burned, but
  1 14 excluding a slide that encloses the barrel.
  1 15    (4)  A folding, telescoping, or detachable stock.
  1 16    (5)  A threaded barrel.
  1 17    (6)  A grenade launcher or rocket launcher.
  1 18    b.  A semiautomatic rifle that has a fixed magazine with the
  1 19 capability to accept more than ten rounds of ammunition, except
  1 20 for an attached tubular device designed to accept, and capable
  1 21 of operating only with, .22 caliber rimfire ammunition.
  1 22    c.  Any part, combination of parts, component, device,
  1 23 attachment, or accessory that is designed or functions to
  1 24 accelerate the rate of fire of a semiautomatic rifle but not
  1 25 convert the semiautomatic rifle into a machine gun.
  1 26    d.  A semiautomatic pistol that has the capability to accept
  1 27 a detachable ammunition magazine and that has any of the
  1 28 following:
  1 29    (1)  A second pistol grip or any feature capable of
  1 30 functioning as a protruding grip that can be held by the
  1 31 nontrigger hand.
  1 32    (2)  A shroud attached to the barrel, or that partially or
  1 33 completely encircles the barrel, allowing the user to hold the
  1 34 firearm with the nontrigger hand without being burned, but
  1 35 excluding a slide that encloses the barrel.
  2  1    (3)  A threaded barrel.
  2  2    (4)  The capability to accept a detachable ammunition
  2  3 magazine at any location outside the pistol grip.
  2  4    e.  A semiautomatic pistol that has a fixed magazine with the
  2  5 capacity to accept more than ten rounds of ammunition.
  2  6    f.  A semiautomatic shotgun that has any of the following:
  2  7    (1)  The capability to accept a detachable ammunition
  2  8 magazine.
  2  9    (2)  A pistol grip.
  2 10    (3)  A folding, telescoping, or detachable stock.
  2 11    (4)  A fixed ammunition magazine that has the capability to
  2 12 accept more than five rounds of ammunition.
  2 13    (5)  A forward grip.
  2 14    (6)  A grenade launcher or rocket launcher.
  2 15    g.  A shotgun with a revolving cylinder.
  2 16    h.  A conversion kit, part, or combination of parts, from
  2 17 which a semiautomatic assault weapon can be assembled if the
  2 18 parts are in the possession of or under the control of the same
  2 19 person.
  2 20    i.  A frame or receiver that is identical to, or based
  2 21 substantially on, the frame or receiver of a semiautomatic
  2 22 assault weapon described in paragraph "a", "b", "d", or "e".
  2 23    2.  "Semiautomatic assault weapon" does not include any of
  2 24 the following:
  2 25    a.  A firearm that is manually operated by a bolt, pump,
  2 26 lever, or slide action.
  2 27    b.  A firearm that has been rendered permanently inoperable.
  2 28    Sec. 2.  NEW SECTION.  724.22A  Sale or transfer of
  2 29 semiautomatic assault weapons.
  2 30    A person who sells or transfers a semiautomatic assault
  2 31 weapon to another person commits a class "D" felony for a first
  2 32 offense and a class "C" felony for a second or subsequent
  2 33 offense.
  2 34    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 35 immediate importance, takes effect upon enactment.
  3  1    Sec. 4.  APPLICABILITY.  This Act applies to the sale or
  3  2 transfer of a semiautomatic assault weapon sold or transferred
  3  3 on or after the effective date of this Act.
  3  4                           EXPLANATION
  3  5 The inclusion of this explanation does not constitute agreement with
  3  6 the explanation's substance by the members of the general assembly.
  3  7    This bill prohibits the sale or transfer of semiautomatic
  3  8 assault weapons, provides penalties, and includes effective
  3  9 date and applicability provisions.
  3 10    The bill provides that a person who sells or transfers a
  3 11 semiautomatic assault weapon to another person commits a class
  3 12 "D" felony for a first offense and a class "C" felony for a
  3 13 second or subsequent offense.  A class "D" felony is punishable
  3 14 by confinement for no more than five years and a fine of at
  3 15 least $750 but not more than $7,500.  A class "C" felony is
  3 16 punishable by confinement for no more than 10 years and a fine
  3 17 of at least $1,000 but not more than $10,000.
  3 18    The bill defines a semiautomatic assault weapon to include
  3 19 a semiautomatic rifle, pistol, or shotgun with certain
  3 20 characteristics, a shotgun with certain characteristics, a
  3 21 conversion kit, part, or combination of parts from which a
  3 22 semiautomatic weapon can be assembled, and a frame or receiver
  3 23 that is identical to or based substantially on the frame or
  3 24 receiver or a semiautomatic assault weapon.  The bill excludes
  3 25 a firearm that is manually operated by a bolt, pump, lever, or
  3 26 slide action and a firearm that has been rendered permanently
  3 27 inoperable from the definition of a semiautomatic assault
  3 28 weapon.
  3 29    The bill takes effect upon enactment and applies to the
  3 30 sale or transfer of a semiautomatic assault weapon sold or
  3 31 transferred on or after the effective date of the bill.
       LSB 1229YH (3) 86
       jm/rj