House File 2043 - Introduced
HOUSE FILE
BY WINDSCHITL
A BILL FOR
1 An Act relating to possessing and transferring firearm
2 suppressors, providing penalties, and including effective
3 date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code
1 2 2016, is amended by striking the paragraph.
1 3 Sec. 2. NEW SECTION. 724.1A Firearm suppressors ====
1 4 certification.
1 5 1. As used in this section, unless the context otherwise
1 6 requires:
1 7 a. "Certification" means the participation and assent of
1 8 the chief law enforcement officer of the jurisdiction where the
1 9 applicant resides or maintains an address of record, that is
1 10 necessary under federal law for the approval of an application
1 11 to make or transfer a firearm suppressor.
1 12 b. "Chief law enforcement officer" means the county sheriff,
1 13 chief of police, or the designee of such official, that the
1 14 federal bureau of alcohol, tobacco, firearms and explosives,
1 15 or any successor agency, has identified by regulation or has
1 16 determined is otherwise eligible to provide any required
1 17 certification for making or transferring a firearm suppressor.
1 18 c. "Firearm suppressor" means a mechanical device
1 19 specifically constructed and designed so that when attached to
1 20 a firearm it silences, muffles, or suppresses the sound when
1 21 fired and that is considered a "firearm silencer" or "firearm
1 22 muffler" as defined in 18 U.S.C. {921.
1 23 2. a. A chief law enforcement officer is not required
1 24 to make any certification under this section the chief law
1 25 enforcement officer knows to be false, but the chief law
1 26 enforcement officer shall not refuse, based on a generalized
1 27 objection, to issue a certification to make or transfer a
1 28 firearm suppressor.
1 29 b. When the certification of the chief law enforcement
1 30 officer is required by federal law or regulation for making or
1 31 transferring a firearm suppressor, the chief law enforcement
1 32 officer shall, within thirty days of receipt of a request for
1 33 certification, issue such certification if the applicant is
1 34 not prohibited by law from making or transferring a firearm
1 35 suppressor or is not the subject of a proceeding that could
2 1 result in the applicant being prohibited by law from making
2 2 or transferring the firearm suppressor. If the chief law
2 3 enforcement officer does not issue a certification as required
2 4 by this section, the chief law enforcement officer shall
2 5 provide the applicant with a written notification of the denial
2 6 and the reason for the denial.
2 7 c. A certification that has been approved under this section
2 8 grants the person the authority to make or transfer a firearm
2 9 suppressor as provided by state and federal law.
2 10 3. An applicant whose request for certification is denied
2 11 may appeal the decision of the chief law enforcement officer
2 12 to the district court for the county in which the applicant
2 13 resides or maintains an address of record. The court shall
2 14 review the decision of the chief law enforcement officer to
2 15 deny the certification de novo. If the court finds that the
2 16 applicant is not prohibited by law from making or transferring
2 17 the firearm suppressor, and is not the subject of a proceeding
2 18 that could result in such prohibition, or that no substantial
2 19 evidence supports the decision of the chief law enforcement
2 20 officer, the court shall order the chief law enforcement
2 21 officer to issue the certification and award court costs and
2 22 reasonable attorney fees to the applicant. If the court
2 23 determines the applicant is not eligible to be issued a
2 24 certification, the court shall award court costs and reasonable
2 25 attorney fees to the political subdivision of the state
2 26 representing the chief law enforcement officer.
2 27 4. In making a determination about whether to issue a
2 28 certification under subsection 2, a chief law enforcement
2 29 officer may conduct a criminal background check, including
2 30 an inquiry of the national instant criminal background check
2 31 system maintained by the federal bureau of investigation or
2 32 any successor agency, but shall only require the applicant to
2 33 provide as much information as is necessary to identify the
2 34 applicant for this purpose or to determine the disposition of
2 35 an arrest or proceeding relevant to the eligibility of the
3 1 applicant to lawfully possess or receive a firearm suppressor.
3 2 A chief law enforcement officer shall not require access to
3 3 or consent to inspect any private premises as a condition of
3 4 providing a certification under this section.
3 5 5. A chief law enforcement officer and employees of the
3 6 chief law enforcement officer who act in good faith are immune
3 7 from liability arising from any act or omission in making a
3 8 certification as required by this section.
3 9 Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty.
3 10 1. A person shall not possess a firearm suppressor in this
3 11 state if such possession is knowingly in violation of federal
3 12 law.
3 13 2. A person who possesses a firearm suppressor in violation
3 14 of subsection 1 commits a class "D" felony.
3 15 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
3 16 immediate importance, takes effect upon enactment.
3 17 EXPLANATION
3 18 The inclusion of this explanation does not constitute agreement with
3 19 the explanation's substance by the members of the general assembly.
3 20 This bill relates to the possession and transferring of
3 21 firearm suppressors.
3 22 FIREARM SUPPRESSORS. Current Iowa law provides that a
3 23 mechanical device specifically constructed and designed so that
3 24 when attached to a firearm it silences, muffles, or suppresses
3 25 the sound when fired is an offensive weapon. Under Code
3 26 section 724.3, any person who knowingly possesses an offensive
3 27 weapon commits a class "D" felony, punishable by confinement
3 28 for no more than five years and a fine of at least $750 but not
3 29 more than $7,500.
3 30 The bill strikes a provision in Code section 724.1(1)(h)
3 31 that classifies a firearm suppressor as an offensive weapon.
3 32 By striking this provision, a firearm suppressor is legal to
3 33 possess in the state.
3 34 The bill also creates in new Code section 724.1A, a process
3 35 whereby a person may apply to the chief law enforcement officer
4 1 of the jurisdiction where the person resides or maintains an
4 2 address of record for a certification to make or transfer a
4 3 firearm suppressor. The bill defines "firearm suppressor" to
4 4 mean a mechanical device specifically constructed and designed
4 5 so that when attached to a firearm it silences, muffles, or
4 6 suppresses the sound when fired and that is considered a
4 7 "firearm silencer" or "firearm muffler" as defined in 18 U.S.C.
4 8 {921.
4 9 The bill specifies that a chief law enforcement officer
4 10 shall not refuse to provide certification, based on a
4 11 generalized objection, to an applicant requesting to make
4 12 or transfer a firearm suppressor. If a person applies for
4 13 certification to make or transfer a firearm suppressor with
4 14 the chief law enforcement officer, the bill requires the chief
4 15 law enforcement officer to issue the certification within 30
4 16 days of receiving such an application unless the applicant
4 17 is prohibited by law from making or transferring a firearm
4 18 suppressor or the applicant is the subject of a proceeding that
4 19 could result in the applicant being prohibited by law from
4 20 making or transferring a firearm suppressor. If the chief
4 21 law enforcement officer does not issue a certification under
4 22 the bill, the chief law enforcement officer shall provide the
4 23 applicant a written notification of the denial and the reason
4 24 for the denial. If the certification has been approved by the
4 25 chief law enforcement officer under the bill, the applicant
4 26 has the authority to make or transfer a firearm suppressor as
4 27 provided by state and federal law.
4 28 If the applicant's request for certification is denied,
4 29 the bill specifies that the applicant may appeal the decision
4 30 to the district court for the county in which the applicant
4 31 resides or maintains an address of record. The bill specifies
4 32 that the court shall review the decision of the chief law
4 33 enforcement officer to deny the certification de novo. If the
4 34 court finds that the applicant is not prohibited by law from
4 35 making or transferring a firearm suppressor, and is not the
5 1 subject of a proceeding that could result in such prohibition,
5 2 or that no substantial evidence supports the decision of the
5 3 chief law enforcement officer, the bill requires the court
5 4 to order the chief law enforcement officer to issue the
5 5 certification and award court costs and reasonable attorney
5 6 fees to the applicant. If the court determines the applicant
5 7 is not eligible to be issued a certification, the bill requires
5 8 the court to award court costs and reasonable attorney fees to
5 9 the political subdivision of the state representing the chief
5 10 law enforcement officer.
5 11 In making a determination about whether to issue a
5 12 certification under the bill, a chief law enforcement officer
5 13 may conduct a criminal background check, but shall only require
5 14 the applicant to provide as much information as is necessary
5 15 to identify the applicant for this purpose or to determine
5 16 the disposition of an arrest or proceeding relevant to the
5 17 eligibility of the applicant to lawfully make or transfer a
5 18 firearm suppressor. The bill prohibits a chief law enforcement
5 19 officer from requiring access to any private premises as a
5 20 condition of providing a certification under this new Code
5 21 section.
5 22 A chief law enforcement officer and employees of the chief
5 23 law enforcement officer who act in good faith are immune
5 24 from liability arising from any act or omission in making a
5 25 certification under the bill.
5 26 The bill provides that a person commits a class "D" felony if
5 27 the person possesses a firearm suppressor and such possession
5 28 is knowingly in violation of federal law.
5 29 The bill takes effect upon enactment.
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