House File 527 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 201)
A BILL FOR
1 An Act relating to the manufacture, acquisition, sale, and
2 use of firearms and suppressors, providing penalties, and
3 including effective date and applicability 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 2015, 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 silences, muffles, or suppresses the sound when fired
1 21 that is considered a "firearm silencer" or "firearm muffler" as
1 22 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, or 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 any
2 32 successor agency, but shall only require the applicant provide
2 33 as much information as is necessary to identify the applicant
2 34 for this purpose or to determine the disposition of an arrest
2 35 or proceeding relevant to the eligibility of the applicant to
3 1 lawfully possess or receive a firearm suppressor. A chief law
3 2 enforcement officer shall not require access to or consent to
3 3 inspect any private premises as a condition of providing a
3 4 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. Section 724.4, subsection 4, paragraph i, Code 2015,
3 16 is amended to read as follows:
3 17 i. (1) A person who has in the person's immediate
3 18 possession and who displays to a peace officer on demand a
3 19 valid permit to carry weapons which has been issued to the
3 20 person, and whose conduct is within the limits of that permit.
3 21 A peace officer shall verify through electronic means, if
3 22 possible, the validity of the person's permit to carry weapons.
3 23 (2) A person commits a simple misdemeanor punishable as
3 24 a scheduled violation pursuant to section 805.8C, subsection
3 25 11, if the person does not have in the person's immediate
3 26 possession a valid permit to carry weapons which has been
3 27 issued to the person.
3 28 (3) A Except as provided subparagraph (2), a person shall
3 29 not be convicted of a violation of this section if the person
3 30 produces at the person's trial a permit to carry weapons which
3 31 was valid at the time of the alleged offense and which would
3 32 have brought the person's conduct within this exception if the
3 33 permit had been produced at the time of the alleged offense.
3 34 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code
3 35 2015, is amended to read as follows:
4 1 a. A person listed under section 724.4, subsection 4,
4 2 paragraphs "b" through "f" or "j", or a certified peace officer
4 3 as specified in section 724.6, subsection 1.
4 4 Sec. 6. Section 724.5, Code 2015, is amended to read as
4 5 follows:
4 6 724.5 Duty to carry or verify permit to carry weapons.
4 7 1. A person armed with a revolver, pistol, or pocket billy
4 8 concealed upon the person shall have in the person's immediate
4 9 possession the permit provided for in section 724.4, subsection
4 10 4, paragraph "i", and shall produce the permit for inspection at
4 11 the request of a peace officer.
4 12 2. A peace officer shall verify through electronic means, if
4 13 possible, the validity of the person's permit to carry weapons.
4 14 3. Failure to so produce a permit is a simple misdemeanor,
4 15 punishable as a scheduled violation pursuant to section 805.8C,
4 16 subsection 12.
4 17 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended
4 18 to read as follows:
4 19 1. A person may be issued a permit to carry weapons when
4 20 the person's employment in a private investigation business
4 21 or private security business licensed under chapter 80A, or a
4 22 person's employment as a peace officer, correctional officer,
4 23 security guard, bank messenger or other person transporting
4 24 property of a value requiring security, or in police work,
4 25 reasonably justifies that person going armed. The permit shall
4 26 be on a form prescribed and published by the commissioner of
4 27 public safety, shall identify the holder, and shall state
4 28 the nature of the employment requiring the holder to go
4 29 armed. A permit so issued, other than to a peace officer,
4 30 shall authorize the person to whom it is issued to go armed
4 31 anywhere in the state, only while engaged in the employment,
4 32 and while going to and from the place of the employment. A
4 33 permit issued to a certified peace officer shall authorize that
4 34 peace officer to go armed anywhere in the state, including a
4 35 school as provided in section 724.4B, at all times. Permits
5 1 shall expire twelve months after the date when issued except
5 2 that permits issued to peace officers and correctional officers
5 3 are valid through the officer's period of employment unless
5 4 otherwise canceled. When the employment is terminated, the
5 5 holder of the permit shall surrender it to the issuing officer
5 6 for cancellation.
5 7 Sec. 8. Section 724.7, subsection 1, Code 2015, is amended
5 8 to read as follows:
5 9 1. Any person who is not disqualified under section 724.8,
5 10 who satisfies the training requirements of section 724.9, if
5 11 applicable, and who files an application in accordance with
5 12 section 724.10 shall be issued a nonprofessional permit to
5 13 carry weapons. Such permits shall be on a form prescribed and
5 14 published by the commissioner of public safety, which shall
5 15 be readily distinguishable from the professional permit, and
5 16 shall identify the holder of the permit. Such permits shall
5 17 not be issued for a particular weapon and shall not contain
5 18 information about a particular weapon including the make,
5 19 model, or serial number of the weapon or any ammunition used
5 20 in that weapon. All permits so issued shall be for a period of
5 21 five years and shall be valid throughout the state except where
5 22 the possession or carrying of a firearm is prohibited by state
5 23 or federal law.
5 24 Sec. 9. Section 724.9, Code 2015, is amended by adding the
5 25 following new subsection:
5 26 NEW SUBSECTION. 1A. The handgun safety training course
5 27 required in subsection 1 may be conducted over the internet
5 28 in a live or web=based format, if completion of the course is
5 29 verified by the instructor or provider of the course.
5 30 Sec. 10. Section 724.11, subsections 1 and 3, Code 2015, are
5 31 amended to read as follows:
5 32 1. a. Applications for permits to carry weapons shall
5 33 be made to the sheriff of the county in which the applicant
5 34 resides. Applications for professional permits to carry
5 35 weapons for persons who are nonresidents of the state, or whose
6 1 need to go armed arises out of employment by the state, shall
6 2 be made to the commissioner of public safety. In either case,
6 3 the sheriff or commissioner, before issuing the permit, shall
6 4 determine that the requirements of sections 724.6 to 724.10
6 5 have been satisfied. However, for renewal of a permit the
6 6 training program requirements in section 724.9, subsection
6 7 1, do not apply to an applicant who is able to demonstrate
6 8 completion of small arms training as specified in section
6 9 724.9, subsection 1, paragraph "d". For all other applicants
6 10 the training program requirements of section 724.9, subsection
6 11 1, must be satisfied within the twenty=four=month period prior
6 12 to the date of the application for the issuance of a permit.
6 13 b. (1) Prior to issuing a renewal, the sheriff or
6 14 commissioner shall determine the requirements of sections
6 15 724.6, 724.7, 724.8, and 724.10 and either of the following, as
6 16 applicable, have been satisfied:
6 17 (a) Beginning with the first renewal of a permit issued
6 18 after the calendar year 2010, and alternating renewals
6 19 thereafter, if a renewal applicant applies within thirty
6 20 days prior to the expiration of the permit or within thirty
6 21 days after expiration of the permit, the training program
6 22 requirements of section 724.9, subsection 1, do not apply.
6 23 (b) Beginning with the second renewal of a permit issued
6 24 after the calendar year 2010, and alternating renewals
6 25 thereafter, if a renewal applicant applies within thirty
6 26 days prior to the expiration of the permit or within thirty
6 27 days after expiration of the permit, a renewal applicant
6 28 shall qualify for renewal by taking an online training course
6 29 certified by the national rifle association or the Iowa law
6 30 enforcement academy, and the training program requirements of
6 31 section 724.9, subsection 1, do not apply.
6 32 (2) If any renewal applicant applies more than thirty days
6 33 after the expiration of the permit, the permit requirements
6 34 of paragraph "a" apply to the applicant, and any subsequent
6 35 renewal of this permit shall be considered a first renewal for
7 1 purposes of subparagraph (1). However, the training program
7 2 requirements of section 724.9, subsection 1, do not apply to an
7 3 applicant who is able to demonstrate completion of small arms
7 4 training as specified in section 724.9, subsection 1, paragraph
7 5 "d". For all other applicants, in lieu of the training program
7 6 requirements of section 724.9, subsection 1, the renewal
7 7 applicant may choose to qualify on a firing range under the
7 8 supervision of an instructor certified by the national rifle
7 9 association or the department of public safety or another
7 10 state's department of public safety, state police department,
7 11 or similar certifying body.
7 12 (3) As an alternative to subparagraph (1), and if the
7 13 requirements of sections 724.6, 724.7, 724.8, and 724.10 have
7 14 been satisfied, a renewal applicant may choose to qualify, at
7 15 any renewal, under the training program requirements in section
7 16 724.9, subsection 1, shall apply or the renewal applicant may
7 17 choose to qualify on a firing range under the supervision of
7 18 an instructor certified by the national rifle association or
7 19 the department of public safety or another state's department
7 20 of public safety, state police department, or similar
7 21 certifying body. Such training or qualification must occur
7 22 within the twelve=month twenty=four=month period prior to the
7 23 expiration of the applicant's current permit, except that
7 24 the twenty=four=month time period limitation for training or
7 25 qualification does not apply to an applicant who is able to
7 26 demonstrate completion of small arms training as specified in
7 27 section 724.9, subsection 1, paragraph "d".
7 28 3. The issuing officer shall collect a fee of fifty dollars,
7 29 except from a duly appointed peace officer or correctional
7 30 officer, for each permit issued. Renewal permits or duplicate
7 31 permits shall be issued for a fee of twenty=five dollars,
7 32 provided the application for such renewal permit is received by
7 33 the issuing officer at least within thirty days prior to the
7 34 expiration of the applicant's current permit or within thirty
7 35 days after such expiration. The issuing officer shall notify
8 1 the commissioner of public safety of the issuance of any permit
8 2 at least monthly and forward to the commissioner an amount
8 3 equal to ten dollars for each permit issued and five dollars
8 4 for each renewal or duplicate permit issued. All such fees
8 5 received by the commissioner shall be paid to the treasurer of
8 6 state and deposited in the operating account of the department
8 7 of public safety to offset the cost of administering this
8 8 chapter. Notwithstanding section 8.33, any unspent balance as
8 9 of June 30 of each year shall not revert to the general fund of
8 10 the state.
8 11 Sec. 11. Section 724.11, Code 2015, is amended by adding the
8 12 following new subsection:
8 13 NEW SUBSECTION. 5. The initial or renewal permit shall
8 14 have a uniform appearance, size, and content prescribed and
8 15 published by the commissioner of public safety. The permit
8 16 shall contain the name of the permittee and the effective date
8 17 of the permit, but shall not contain the permittee's social
8 18 security number. Such a permit shall not be issued for a
8 19 particular weapon and shall not contain information about a
8 20 particular weapon including the make, model, or serial number
8 21 of the weapon, or any ammunition used in that weapon.
8 22 Sec. 12. Section 724.11A, Code 2015, is amended to read as
8 23 follows:
8 24 724.11A Recognition.
8 25 A valid permit or license issued by another state to any
8 26 nonresident of this state shall be considered to be a valid
8 27 permit or license to carry weapons issued pursuant to this
8 28 chapter, except that such permit or license shall not be
8 29 considered to be a substitute for an annual a permit to acquire
8 30 pistols or revolvers firearms issued pursuant to section
8 31 724.15.
8 32 Sec. 13. Section 724.15, Code 2015, is amended by striking
8 33 the section and inserting in lieu thereof the following:
8 34 724.15 Optional permit to acquire firearms.
8 35 1. It is the purpose of this section to provide for a permit
9 1 to acquire firearms that will satisfy the requirements of 18
9 2 U.S.C. {922(t)(3) to allow the holder of such a permit to
9 3 acquire firearms from a federally licensed firearms dealer. A
9 4 person is not required to obtain a permit to acquire firearms
9 5 under this section if the person possesses a valid permit to
9 6 carry weapons issued in accordance with this chapter or if the
9 7 person has otherwise completed a satisfactory national instant
9 8 criminal background check required pursuant to 18 U.S.C.
9 9 {922(t).
9 10 2. A person may obtain a permit to acquire firearms pursuant
9 11 to this section. However, a permit to acquire firearms
9 12 shall not be issued to a person who is subject to any of the
9 13 following:
9 14 a. Is under twenty=one years of age.
9 15 b. Is prohibited by section 724.26 or federal law from
9 16 possessing, shipping, transporting, or receiving a firearm.
9 17 c. Is prohibited by court order from possessing, shipping,
9 18 transporting, or receiving a firearm.
9 19 3. A permit to acquire firearms shall authorize the permit
9 20 holder to acquire one or more firearms, without limitation,
9 21 from a federally licensed firearms dealer during the period the
9 22 permit remains valid pursuant to section 724.20.
9 23 4. An issuing officer who finds that a person issued
9 24 a permit to acquire firearms under this chapter has been
9 25 arrested for a disqualifying offense or who is the subject of
9 26 proceedings that could lead to the person's ineligibility for
9 27 such permit may immediately suspend such permit. An issuing
9 28 officer proceeding under this subsection shall immediately
9 29 notify the permit holder of the suspension by personal service
9 30 or certified mail on a form prescribed and published by the
9 31 commissioner of public safety and the suspension shall become
9 32 effective upon the permit holder's receipt of such notice. If
9 33 the suspension is based on an arrest or a proceeding that does
9 34 not result in a disqualifying conviction or finding against
9 35 the permit holder, the issuing officer shall immediately
10 1 reinstate the permit upon receipt of proof of the matter's
10 2 final disposition. If the arrest leads to a disqualifying
10 3 conviction or the proceedings to a disqualifying finding, the
10 4 issuing officer shall revoke the permit. The issuing officer
10 5 may also revoke the permit of a person whom the issuing officer
10 6 later finds was not qualified for such a permit at the time of
10 7 issuance or who the officer finds provided materially false
10 8 information on the permit application. A person aggrieved by a
10 9 suspension or revocation under this subsection may seek review
10 10 of the decision pursuant to section 724.21A.
10 11 Sec. 14. Section 724.16, Code 2015, is amended by striking
10 12 the section and inserting in lieu thereof the following:
10 13 724.16 Prohibited transfers of firearms.
10 14 1. A person shall not transfer a firearm to another person
10 15 if the person knows or reasonably should know that the other
10 16 person is prohibited from receiving or possessing a firearm
10 17 under section 724.26 or federal law.
10 18 2. A person shall not loan or rent a firearm to another
10 19 person for temporary use during lawful activities if the person
10 20 knows or reasonably should know that the person is prohibited
10 21 from receiving or possessing a firearm under section 724.26 or
10 22 federal law.
10 23 3. A person who transfers, loans, or rents a firearm in
10 24 violation of this section commits a class "D" felony.
10 25 Sec. 15. Section 724.17, Code 2015, is amended to read as
10 26 follows:
10 27 724.17 Application for annual permit to acquire firearms ====
10 28 criminal history check required.
10 29 1. The application for an annual a permit to acquire pistols
10 30 or revolvers firearms may be made to the sheriff of the county
10 31 of the applicant's residence and shall be on a form prescribed
10 32 and published by the commissioner of public safety.
10 33 a. The If an applicant is a United States citizen, the
10 34 application shall require only the full name of the applicant,
10 35 the driver's license or nonoperator's identification card
11 1 number of the applicant, the residence of the applicant, and
11 2 the date and place of birth of the applicant.
11 3 b. If the applicant is not a United States citizen, the
11 4 application shall, in addition to the information specified in
11 5 paragraph "a", require the applicant's country of citizenship,
11 6 any alien or admission number issued by the United States
11 7 immigration and customs enforcement or any successor agency,
11 8 and, if applicable, the basis for any exception claimed
11 9 pursuant to 18 U.S.C. {922(y).
11 10 c. The applicant shall also display an identification card
11 11 that bears a distinguishing number assigned to the cardholder,
11 12 the full name, date of birth, sex, residence address, and brief
11 13 description and colored photograph of the cardholder, or other
11 14 identification as specified by rule of the department of public
11 15 safety.
11 16 2. The sheriff shall conduct a criminal history check
11 17 concerning each applicant by obtaining criminal history data
11 18 from the department of public safety which shall include an
11 19 inquiry of the national instant criminal background check
11 20 system maintained by the federal bureau of investigation or
11 21 any successor agency and an immigration alien query through
11 22 a database maintained by the United States immigration and
11 23 customs enforcement or any successor agency if the applicant
11 24 is not a United States citizen.
11 25 3. A person who makes what the person knows to be a false
11 26 statement of material fact on an application submitted under
11 27 this section or who submits what the person knows to be any
11 28 materially falsified or forged documentation in connection with
11 29 such an application commits a class "D" felony.
11 30 Sec. 16. Section 724.18, Code 2015, is amended by striking
11 31 the section and inserting in lieu thereof the following:
11 32 724.18 Procedure for making application for permit to acquire
11 33 firearms.
11 34 1. A person may personally request the sheriff to mail an
11 35 application for a permit to acquire firearms, and the sheriff
12 1 shall immediately forward such application to the person. The
12 2 person shall personally deliver such a completed application
12 3 to the sheriff who, upon successful completion of the criminal
12 4 history check and immigration alien query, if applicable,
12 5 required pursuant to section 724.17, shall note the period of
12 6 validity on the application and immediately issue the permit
12 7 to the applicant.
12 8 2. For the purposes of this section, the date of application
12 9 shall be the date on which the sheriff received the completed
12 10 application.
12 11 Sec. 17. Section 724.19, Code 2015, is amended to read as
12 12 follows:
12 13 724.19 Issuance of annual permit to acquire firearms.
12 14 The annual permit to acquire pistols or revolvers firearms
12 15 shall be issued to the applicant immediately upon completion
12 16 of the application unless the applicant is disqualified under
12 17 the provisions of section 724.15 and. The permit shall be on a
12 18 form have a uniform appearance, size, and content prescribed
12 19 and published by the commissioner of public safety. The permit
12 20 shall contain the name of the permittee, the residence of the
12 21 permittee, and the effective date of the permit, but shall
12 22 not contain the permittee's social security number. Such a
12 23 permit shall not be issued for a particular weapon and shall
12 24 not contain information about a particular weapon including the
12 25 make, model, or serial number of the weapon, or any ammunition
12 26 used in that weapon.
12 27 Sec. 18. Section 724.20, Code 2015, is amended to read as
12 28 follows:
12 29 724.20 Validity of annual permit to acquire pistols or
12 30 revolvers firearms.
12 31 The permit shall be valid throughout the state and shall
12 32 be valid three days after the date of application and shall
12 33 be invalid one year five years after the date of application
12 34 issuance.
12 35 Sec. 19. Section 724.21, Code 2015, is amended to read as
13 1 follows:
13 2 724.21 Giving false information when acquiring weapon
13 3 firearms.
13 4 A person who gives a false name or presents false
13 5 identification, or otherwise knowingly gives false material
13 6 information to one from whom the person seeks to acquire a
13 7 pistol or revolver firearm, commits a class "D" felony.
13 8 Sec. 20. Section 724.21A, subsections 1 and 7, Code 2015,
13 9 are amended to read as follows:
13 10 1. In any case where the sheriff or the commissioner of
13 11 public safety denies an application for or suspends or revokes
13 12 a permit to carry weapons or an annual a permit to acquire
13 13 pistols or revolvers firearms, the sheriff or commissioner
13 14 shall provide a written statement of the reasons for the
13 15 denial, suspension, or revocation and the applicant or permit
13 16 holder shall have the right to appeal the denial, suspension,
13 17 or revocation to an administrative law judge in the department
13 18 of inspections and appeals within thirty days of receiving
13 19 written notice of the denial, suspension, or revocation.
13 20 7. In any case where the issuing officer denies an
13 21 application for, or suspends or revokes a permit to carry
13 22 weapons or an annual a permit to acquire pistols or revolvers
13 23 firearms solely because of an adverse determination by
13 24 the national instant criminal background check system, the
13 25 applicant or permit holder shall not seek relief under this
13 26 section but may pursue relief of the national instant criminal
13 27 background check system determination pursuant to Pub. L. No.
13 28 103=159, sections 103(f) and (g) and 104 and 28 C.F.R. {25.10,
13 29 or other applicable law. The outcome of such proceedings shall
13 30 be binding on the issuing officer.
13 31 Sec. 21. Section 724.21A, Code 2015, is amended by adding
13 32 the following new subsection:
13 33 NEW SUBSECTION. 8. If an applicant appeals the decision by
13 34 the sheriff or commissioner to deny an application, or suspend
13 35 or revoke a permit to carry weapons or a permit to acquire
14 1 firearms, and it is later determined the applicant is eligible
14 2 to be issued or possess such a permit, the applicant shall
14 3 be awarded court costs and reasonable attorney fees. If the
14 4 decision of the sheriff or commission to deny the application,
14 5 or suspend or revoke the permit is upheld on appeal, the
14 6 political subdivision of the state representing the sheriff or
14 7 the commissioner shall be awarded court costs and reasonable
14 8 attorney fees.
14 9 Sec. 22. Section 724.22, subsection 5, Code 2015, is amended
14 10 to read as follows:
14 11 5. A parent or guardian or spouse who is twenty=one years of
14 12 age or older, of a person fourteen years of age but less than
14 13 below the age of twenty=one may allow the person to possess a
14 14 pistol or revolver or the ammunition therefor for any lawful
14 15 purpose while under the direct supervision of the parent or
14 16 guardian or spouse who is twenty=one years of age or older, or
14 17 while the person receives instruction in the proper use thereof
14 18 from an instructor twenty=one years of age or older, with the
14 19 consent of such parent, guardian or spouse.
14 20 Sec. 23. Section 724.23, Code 2015, is amended to read as
14 21 follows:
14 22 724.23 Records kept by commissioner and issuing officers.
14 23 1. a. The commissioner of public safety shall maintain a
14 24 permanent record of all valid permits to carry weapons and of
14 25 current permit revocations.
14 26 b. The permanent record shall be kept in a searchable
14 27 database that is accessible on a statewide basis for the
14 28 circumstances described in subsection 2, paragraph "b", "c", or
14 29 "d".
14 30 2. a. Notwithstanding any other law or rule to the
14 31 contrary, the commissioner of public safety and any issuing
14 32 officer shall keep confidential personally identifiable
14 33 information of holders of nonprofessional permits to carry
14 34 weapons and permits to acquire firearms, including but not
14 35 limited to the name, social security number, date of birth,
15 1 residential or business address, and driver's license or other
15 2 identification number of the applicant or permit holder.
15 3 b. This subsection shall not prohibit the release of
15 4 statistical information relating to the issuance, denial,
15 5 revocation, or administration of nonprofessional permits to
15 6 carry weapons and permits to acquire firearms, provided that
15 7 the release of such information does not reveal the identity of
15 8 any individual permit holder.
15 9 c. This subsection shall not prohibit the release of
15 10 information to any law enforcement agency or any employee or
15 11 agent thereof when necessary for the purpose of investigating
15 12 a possible violation of law and probable cause exists, or for
15 13 conducting a lawfully authorized background investigation.
15 14 d. This subsection shall not prohibit the release of
15 15 information relating to the validity of a professional permit
15 16 to carry weapons to an employer who requires an employee or an
15 17 agent of the employer to possess a professional permit to carry
15 18 weapons as part of the duties of the employee or agent.
15 19 e. Except as provided in paragraphs "b", "c", and "d", the
15 20 release of any confidential information under this section
15 21 shall require a court order or the consent of the person whose
15 22 personally identifiable information is the subject of the
15 23 information request.
15 24 Sec. 24. Section 724.27, subsection 1, unnumbered paragraph
15 25 1, Code 2015, is amended to read as follows:
15 26 The provisions of section 724.8, section 724.15, subsection
15 27 1 2, and section 724.26 shall not apply to a person who is
15 28 eligible to have the person's civil rights regarding firearms
15 29 restored under section 914.7 if any of the following occur:
15 30 Sec. 25. NEW SECTION. 724.29A Fraudulent purchase of
15 31 firearms or ammunition.
15 32 1. For purposes of this section:
15 33 a. "Ammunition" means any cartridge, shell, or projectile
15 34 designed for use in a firearm.
15 35 b. "Licensed firearms dealer" means a person who is licensed
16 1 pursuant to 18 U.S.C. {923 to engage in the business of dealing
16 2 in firearms.
16 3 c. "Materially false information" means information that
16 4 portrays an illegal transaction as legal or a legal transaction
16 5 as illegal.
16 6 d. "Private seller" means a person who sells or offers for
16 7 sale any firearm or ammunition.
16 8 2. A person who knowingly solicits, persuades, encourages,
16 9 or entices a licensed firearms dealer or private seller of
16 10 firearms or ammunition to transfer a firearm or ammunition
16 11 under circumstances that the person knows would violate the
16 12 laws of this state or of the United States commits a class "D"
16 13 felony.
16 14 3. A person who knowingly provides materially false
16 15 information to a licensed firearms dealer or private seller of
16 16 firearms or ammunition with the intent to deceive the firearms
16 17 dealer or seller about the legality of a transfer of a firearm
16 18 or ammunition commits a class "D" felony.
16 19 4. Any person who willfully procures another to engage in
16 20 conduct prohibited by this section shall be held accountable
16 21 as a principal.
16 22 5. This section does not apply to a law enforcement officer
16 23 acting in the officer's official capacity or to a person acting
16 24 at the direction of such law enforcement officer.
16 25 Sec. 26. NEW SECTION. 724.32 Rules.
16 26 The department of public safety shall adopt rules pursuant
16 27 to chapter 17A to administer this chapter.
16 28 Sec. 27. Section 805.8C, Code 2015, is amended by adding the
16 29 following new subsections:
16 30 NEW SUBSECTION. 11. Duty to possess permit to carry
16 31 weapons. For violations of section 724.4, subsection 4,
16 32 paragraph "i", subparagraph (2), the scheduled fine is ten
16 33 dollars.
16 34 NEW SUBSECTION. 12. Failure to produce permit to carry. For
16 35 violations of section 724.5, the scheduled fine is ten dollars.
17 1 Sec. 28. EFFECTIVE UPON ENACTMENT. The following
17 2 provision or provisions of this Act, being deemed of immediate
17 3 importance, take effect upon enactment:
17 4 1. The section of this Act amending section 724.1,
17 5 subsection 1, paragraph "h".
17 6 2. The section of this Act enacting new section 724.1A.
17 7 3. The section of this Act amending section 724.22.
17 8 4. The section of this Act amending section 724.23,
17 9 subsection 2.
17 10 5. The section of this Act amending section 724.29A.
17 11 6. The applicability section of this Act.
17 12 Sec. 29. APPLICABILITY. The section of this Act amending
17 13 section 724.23 applies to holders of nonprofessional permits to
17 14 carry weapons and permits to acquire firearms and to applicants
17 15 for nonprofessional permits to carry weapons and permits to
17 16 acquire firearms on or after the effective date of that section
17 17 of this Act.
17 18 EXPLANATION
17 19 The inclusion of this explanation does not constitute agreement with
17 20 the explanation's substance by the members of the general assembly.
17 21 This bill relates to the manufacture, acquisition, sale, and
17 22 use of firearms and suppressors.
17 23 FIREARM SUPPRESSORS. Current Iowa law provides that a
17 24 mechanical device specifically constructed and designed so that
17 25 when attached to a firearm it silences, muffles, or suppresses
17 26 the sound when fired is an offensive weapon. Under Code
17 27 section 724.3, any person who knowingly possesses an offensive
17 28 weapon commits a class "D" felony, punishable by confinement
17 29 for no more than five years and a fine of at least $750 but not
17 30 more than $7,500.
17 31 The bill strikes a provision in Code section 724.1(1)(h)
17 32 that classifies a firearm suppressor as an offensive weapon.
17 33 By striking this provision, a firearm suppressor is legal
17 34 to possess in the state. This provision takes effect upon
17 35 enactment.
18 1 The bill also creates in new Code section 724.1A, a process
18 2 whereby a person may apply to the chief law enforcement officer
18 3 of the jurisdiction where the person resides or maintains an
18 4 address of record for a certification to make or transfer a
18 5 firearm suppressor. The bill defines "firearm suppressor" to
18 6 mean a mechanical device specifically constructed and designed
18 7 so that when attached to a firearm silences, muffles, or
18 8 suppresses the sound when fired that is considered a "firearm
18 9 silencer" or "firearm muffler" as defined in 18 U.S.C. {921.
18 10 The bill specifies that a chief law enforcement officer
18 11 shall not refuse to provide certification, based on a
18 12 generalized objection, to an applicant making or transferring
18 13 a firearm suppressor. If a person applies for certification
18 14 to make or transfer a firearm suppressor with the chief
18 15 law enforcement officer, the bill requires the chief law
18 16 enforcement officer to issue the certification within 30
18 17 days of receiving such an application unless the applicant
18 18 is prohibited by law from making or transferring a firearm
18 19 suppressor or the applicant is the subject of a proceeding that
18 20 could result in the applicant being prohibited by law from
18 21 making or transferring a firearm suppressor. If the chief
18 22 law enforcement officer does not issue a certification under
18 23 the bill, the chief law enforcement officer shall provide the
18 24 applicant a written notification of the denial and the reason
18 25 for the denial. If the certification has been approved by the
18 26 chief law enforcement officer under the bill, the applicant
18 27 has the authority to make or transfer a firearm suppressor as
18 28 provided by state and federal law.
18 29 If the applicant's request for certification is denied,
18 30 the bill specifies that the applicant may appeal the decision
18 31 to the district court for the county in which the applicant
18 32 resides or maintains an address of record. The bill specifies
18 33 that the court shall review the decision of the chief law
18 34 enforcement officer to deny the certification de novo. If the
18 35 court finds that the applicant is not prohibited by law from
19 1 making or transferring a firearm suppressor, the bill requires
19 2 the court to order the chief law enforcement officer to issue
19 3 the certification and award court costs and reasonable attorney
19 4 fees to the applicant. If the court determines the applicant
19 5 is not eligible to be issued a certification, the bill requires
19 6 the court to award court costs and reasonable attorney fees to
19 7 the political subdivision of the state representing the chief
19 8 law enforcement officer.
19 9 In making a determination about whether to issue a
19 10 certification under the bill, a chief law enforcement officer
19 11 may conduct a criminal background check, but shall only require
19 12 the applicant to provide as much information as is necessary
19 13 to identify the applicant for this purpose or to determine
19 14 the disposition of an arrest or proceeding relevant to the
19 15 eligibility of the applicant to lawfully make or transfer a
19 16 firearm suppressor. The bill prohibits a chief law enforcement
19 17 officer from requiring access to any private premises as a
19 18 condition of providing a certification under this Code section.
19 19 A chief law enforcement officer and employees of the chief
19 20 law enforcement officer who act in good faith are immune
19 21 from liability arising from any act or omission in making a
19 22 certification under the bill.
19 23 The bill provides that a person commits a class "D" felony if
19 24 the person possesses a firearm suppressor and such possession
19 25 is knowingly in violation of federal law.
19 26 The provisions relating to making or transferring a firearm
19 27 suppressor take effect upon enactment.
19 28 CARRYING WEAPONS. The bill provides that a person does not
19 29 commit the criminal offense of carrying weapons in violation of
19 30 Code section 724.4 if the person has in the person's immediate
19 31 possession and who displays to a peace officer on demand a
19 32 valid permit to carry weapons which has been issued to the
19 33 person, and whose conduct is within the limits of that permit.
19 34 The bill specifies that a peace officer shall verify through
19 35 electronic means, if possible, the validity of the person's
20 1 permit to carry weapons. Current law does not require the
20 2 permit to be in the person's immediate possession only that
20 3 the permit be in the person's possession. If a person, who
20 4 possesses a valid permit to carry weapons under the bill, fails
20 5 to carry such a permit in the immediate possession of the
20 6 person or fails to display the permit to a peace officer on
20 7 demand, a person commits a simple misdemeanor punishable by a
20 8 $10 scheduled fine.
20 9 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides
20 10 that a certified peace officer who possesses a professional
20 11 permit to carry weapons does not commit the criminal violation
20 12 of unlawfully carrying weapons on school grounds under Code
20 13 section 724.4B. Under current law, a peace officer while
20 14 acting within the official duties of the officer may possess a
20 15 weapon on school grounds. A person who commits the offense of
20 16 unlawfully carrying weapons on school grounds commits a class
20 17 "D" felony.
20 18 DUTY TO POSSESS PERMIT TO CARRY WEAPONS. The bill under
20 19 Code section 724.5 makes it a simple misdemeanor punishable by
20 20 a $10 scheduled fine if a person armed with a revolver, pistol,
20 21 or pocket billy concealed upon the person does not possess
20 22 the permit to carry weapons in the immediate possession of
20 23 the person, and fails to produce such permit for inspection
20 24 upon the request of a peace officer. The bill specifies that
20 25 a peace officer shall verify through electronic means, if
20 26 possible, the validity of the person's permit to carry weapons.
20 27 Current law provides that if a person commits such a violation
20 28 the person commits a simple misdemeanor.
20 29 HANDGUN SAFETY TRAINING COURSE. The bill provides in Code
20 30 section 724.9 that the handgun safety training course required
20 31 to obtain a permit to carry under Code section 724.11 may be
20 32 conducted over the internet in a live or web=based format, as
20 33 long as completion of the course is verified by the instructor
20 34 or provider of the course.
20 35 INITIAL PERMIT TO CARRY WEAPONS ==== TRAINING. The bill
21 1 specifies in Code section 724.11 that the training program
21 2 requirements in Code section 724.9(1) do not apply to an
21 3 applicant who is able to demonstrate completion of small
21 4 arms training as specified in Code section 724.9(1)(d). For
21 5 all other applicants the training program requirements in
21 6 Code section 724.9(1) must be satisfied within the 24=month
21 7 period prior to the date of the application for the issuance
21 8 of a permit. Current law specifies that the training program
21 9 requirements under Code section 724.9(1) must be satisfied
21 10 within the 12=month period prior to the application. A
21 11 corresponding amendment is made to Code section 724.7.
21 12 ISSUANCE OF PERMIT TO CARRY OR RENEWAL. Prior to issuing
21 13 any renewal of a permit to carry weapons, the sheriff or
21 14 commissioner under Code section 724.11 shall determine if the
21 15 requirements of Code sections 724.6, 724.7, 724.8, and 724.10
21 16 have been met. The bill provides for additional requirements
21 17 under certain circumstances.
21 18 The bill provides that beginning with the first renewal of
21 19 a permit issued after the calendar year 2010, and alternating
21 20 renewals thereafter, if a renewal applicant applies within 30
21 21 days prior to the expiration of the permit or within 30 days
21 22 after expiration of the permit, the training requirements of
21 23 Code section 724.9(1) do not apply.
21 24 The bill provides that beginning with the second renewal of
21 25 a permit issued after the calendar year 2010, and alternating
21 26 renewals thereafter, if a renewal applicant applies within
21 27 30 days prior to the expiration of the permit or within 30
21 28 days after expiration of the permit, a renewal applicant shall
21 29 qualify by taking an online training course certified by the
21 30 national rifle association or the Iowa law enforcement academy,
21 31 and the training program requirements of Code section 724.9(1)
21 32 do not apply.
21 33 If any renewal applicant applies more than 30 days after
21 34 the expiration of the permit, the bill specifies the training
21 35 program requirements in Code section 724.9(1) do apply to the
22 1 applicant. However, the bill specifies that the training
22 2 program requirements in Code section 724.9(1) do not apply to
22 3 a renewal applicant who is able to demonstrate completion of
22 4 small arms training as specified in Code section 724.9(1)(d).
22 5 For all other renewal applicants who have applied more than
22 6 30 days after the expiration of the permit, the bill allows,
22 7 in lieu of the training program requirements in Code section
22 8 724.9(1), the renewal applicant to choose to qualify on a
22 9 firing range under the supervision of an instructor certified
22 10 by the national rifle association or the department of public
22 11 safety or another state's department of public safety, state
22 12 police department, or similar certifying body. If a renewal
22 13 applicant applies more than 30 days after the expiration of the
22 14 permit, the bill specifies that any subsequent renewal shall be
22 15 considered a first renewal of the permit.
22 16 As an alternative, a renewal applicant, under the bill, may
22 17 choose to qualify at any renewal, under the training program
22 18 requirements in Code section 724.9(1), or the renewal applicant
22 19 may choose to qualify on a firing range under the supervision
22 20 of an instructor certified by the national rifle association
22 21 or the department of public safety or another state's
22 22 department of public safety, state police department, or
22 23 similar certifying body. Such training or qualification must
22 24 occur within the 24=month period prior to the expiration of
22 25 the applicant's current permit, except that the 24=month time
22 26 period limitation to complete the training or qualification
22 27 does not apply to an applicant who is able to demonstrate
22 28 completion of small arms training as specified in Code section
22 29 724.9(1)(d).
22 30 The bill specifies that the initial or renewal permit shall
22 31 have a uniform appearance, size, and content prescribed and
22 32 published by the commissioner of public safety. The bill
22 33 further specifies that the permit shall contain the name of
22 34 the permittee and the effective date of the permit, but shall
22 35 not contain the permittee's social security number. The bill
23 1 prohibits such a permit to be issued for a particular weapon or
23 2 to contain information about a particular weapon including the
23 3 make, model, or serial number of the weapon, or any ammunition
23 4 used in that weapon.
23 5 The bill does not increase or decrease the fee for a renewal
23 6 of a permit to carry weapons but does allow a renewal applicant
23 7 to pay the $25 renewal application fee if the renewal applicant
23 8 applies within 30 days prior to the expiration of the permit
23 9 or within 30 days after such expiration. Current law requires
23 10 that in order to be assessed the $25 renewal application fee,
23 11 the renewal applicant must apply at least 30 days prior to the
23 12 expiration of the permit to carry weapons.
23 13 PROHIBITED TRANSFERS OF FIREARMS. The bill strikes
23 14 the language of current Code section 724.16, relating to
23 15 transferring a pistol or revolver to a person without a
23 16 permit or acquiring a pistol or revolver without a permit and
23 17 substitutes language prohibiting the transfer of a firearm to
23 18 another person who does not possess a permit if the person
23 19 knows or reasonably should know the person is prohibited from
23 20 receiving or possessing a firearm under Code section 724.26
23 21 or federal law. The bill also provides that a person shall
23 22 not loan or rent a firearm to another person for temporary use
23 23 during lawful activities if the person knows or reasonably
23 24 should know the person is prohibited from receiving or
23 25 possessing a firearm under Code section 724.26 or federal
23 26 law. A person who violates this provision commits a class "D"
23 27 felony.
23 28 OPTIONAL PERMITS TO ACQUIRE FIREARMS. Current law provides
23 29 that any person who intends to purchase a pistol or revolver is
23 30 required to first obtain an annual permit to acquire pistols or
23 31 revolvers unless the person is otherwise exempt from obtaining
23 32 such a permit. The bill in Code section 724.15 eliminates this
23 33 type of mandatory permit and provides instead for an optional
23 34 permit to acquire firearms in order to satisfy the requirements
23 35 of federal law allowing the holder of such a permit to acquire
24 1 firearms from a federally licensed firearms dealer. A person
24 2 is not required to obtain a permit to acquire firearms to
24 3 purchase firearms from a federally licensed firearms dealer if
24 4 the person possesses a valid permit to carry weapons issued
24 5 in accordance with Iowa law or if the person has otherwise
24 6 completed a satisfactory national instant criminal background
24 7 check required by federal law to purchase firearms from a
24 8 federally licensed firearms dealer.
24 9 Under the bill, a person who applies for a permit to acquire
24 10 firearms is not eligible for the permit if the person is less
24 11 than 21 years of age or is prohibited by Code section 724.26
24 12 (felon in possession of a firearm), federal law, or court
24 13 order from possessing, shipping, transporting, or receiving a
24 14 firearm.
24 15 The bill in Code section 724.17 provides that an application
24 16 for a permit to acquire firearms is made to the sheriff of the
24 17 county of the applicant's residence. The photograph submitted
24 18 by an applicant need not be in color. A person may request
24 19 the sheriff to mail an application for a permit to acquire
24 20 firearms under Code section 724.18, and the bill requires the
24 21 sheriff to immediately forward the application to the person.
24 22 An applicant who is a United States citizen is only required to
24 23 provide certain basic identifying documentation. An applicant
24 24 who is not a United States citizen must provide additional
24 25 information and is subject to an immigration alien query
24 26 through a database maintained by the United States immigration
24 27 and customs enforcement. All applicants are subject to a
24 28 criminal history background check. Corresponding amendments
24 29 are made to Code sections 724.11A and 724.21.
24 30 The permit to acquire firearms is required under Code
24 31 section 724.19 to be issued to the applicant immediately
24 32 upon completion of the application unless the applicant is
24 33 disqualified. The permit shall have a uniform appearance,
24 34 size, and content, but shall not contain the permittee's
24 35 social security number. Such permits shall not be issued for
25 1 a particular weapon and shall not contain information about a
25 2 particular weapon including the make, model, or serial number
25 3 of the weapon, or any ammunition used in that weapon.
25 4 The bill in Code section 724.15 provides that the permit to
25 5 acquire firearms may be suspended or revoked by the issuing
25 6 officer and the aggrieved permit holder may file an appeal with
25 7 an administrative law judge.
25 8 Current law in Code section 724.17 provides that a person who
25 9 makes what the person knows to be a false statement of material
25 10 fact on an application for a permit to acquire firearms
25 11 or who submits what the person knows to be any materially
25 12 falsified or forged documentation in connection with such an
25 13 application commits a class "D" felony. Under the bill in Code
25 14 section 724.16 a person who transfers ownership of a firearm
25 15 to a person that the transferor knows is prohibited under
25 16 Code section 724.26 (felon in possession of a firearm) from
25 17 possessing, shipping, transporting, or receiving a firearm
25 18 commits a class "D" felony.
25 19 The bill makes a conforming change to Code section 724.27
25 20 relating to the restoration of firearms rights.
25 21 ISSUANCE OF OPTIONAL PERMIT TO ACQUIRE AND PERMIT TO
25 22 ACQUIRE. The bill provides in Code section 724.20 that an
25 23 optional permit to acquire a firearm shall be valid five years
25 24 from the date of the issuance of the permit. Current law
25 25 provides that a permit to acquire is valid three days after
25 26 the date of the application and becomes invalid one year
25 27 after the date of the application for the permit to acquire.
25 28 The bill specifies that the permit to acquire firearms shall
25 29 have a uniform appearance, size, and content prescribed and
25 30 published by the commissioner of public safety. The bill
25 31 further specifies that the permit shall contain the name of
25 32 the permittee and the effective date of permit, but shall not
25 33 contain the permittee's social security number.
25 34 DENIAL, SUSPENSION, OR REVOCATION ==== PERMIT TO CARRY
25 35 WEAPONS AND PERMIT TO ACQUIRE FIREARMS. If an applicant under
26 1 Code section 724.21A appeals the decision by the sheriff or
26 2 commissioner to deny an application, or suspend or revoke a
26 3 permit to carry weapons or a permit to acquire firearms, and
26 4 it is later determined the applicant is eligible to be issued
26 5 or possess such a permit, the bill provides that the applicant
26 6 shall be awarded court costs and reasonable attorney fees.
26 7 However, if the decision of the sheriff or commissioner to deny
26 8 the application, or suspend or revoke the permit is upheld on
26 9 appeal, the political subdivision of the state representing the
26 10 sheriff or the commissioner shall be awarded court costs and
26 11 reasonable attorney fees.
26 12 POSSESSION OF PISTOL, REVOLVER, OR AMMUNITION BY PERSONS
26 13 UNDER 14 YEARS OF AGE. Under the bill in Code section
26 14 724.22(5), a parent or guardian or spouse who is 21 years of
26 15 age or older, or an instructor 21 years of age or older with
26 16 the consent of the parent or guardian or spouse, may allow
26 17 a minor of any age to possess a pistol or revolver or the
26 18 ammunition therefor, which then may be lawfully used. Current
26 19 law prohibits a parent or guardian or spouse who is 21 years
26 20 of age or older from allowing a minor under 14 years of age
26 21 from possessing a pistol, revolver, or the ammunition. This
26 22 provision takes effect upon enactment.
26 23 Except for the circumstances under Code section 724.22(4)
26 24 (security personnel) or Code section 724.22(5), under current
26 25 law, a person who sells, loans, gives, or makes available a
26 26 pistol or revolver or ammunition for a pistol or revolver to a
26 27 person below the age of 21 commits a serious misdemeanor for a
26 28 first offense and a class "D" felony for second and subsequent
26 29 offenses.
26 30 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS ====
26 31 CONFIDENTIALITY. Current law requires the commissioner of
26 32 public safety to maintain a permanent record of all valid
26 33 permits to carry weapons and of current permit revocations.
26 34 The bill provides in Code section 724.23 that,
26 35 notwithstanding any other law or rule to the contrary, the
27 1 commissioner of public safety and any issuing officer (county
27 2 sheriff) shall keep confidential personally identifiable
27 3 information of holders of nonprofessional permits to carry
27 4 weapons and permits to acquire firearms. The release of any
27 5 confidential information, except as otherwise provided in the
27 6 bill, requires a court order or the consent of the person
27 7 whose personally identifiable information is the subject of
27 8 the information request. The bill does not prohibit release
27 9 of statistical information relating to the issuance, denial,
27 10 revocation, or administration of nonprofessional permits
27 11 to carry weapons and permits to acquire firearms if such
27 12 information does not reveal the identity of any individual
27 13 permit holder, the release of information to a law enforcement
27 14 agency investigating a violation of law where probable cause
27 15 exists, the release for purposes of conducting a background
27 16 check, or the release of information relating to the validity
27 17 of a professional permit to carry weapons to an employer who
27 18 requires an employee or an agent of the employer to possess
27 19 a professional permit to carry weapons as part of the duties
27 20 of the employee or agent. This provision applies to holders
27 21 of nonprofessional permits to carry weapons and permits to
27 22 acquire firearms and to applicants for nonprofessional permits
27 23 to carry weapons and permits to acquire firearms on or after
27 24 the effective date of the bill. This provision takes effect
27 25 upon enactment.
27 26 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill
27 27 provides that a person who knowingly solicits, persuades,
27 28 encourages, or entices a licensed firearms dealer or private
27 29 seller of firearms or ammunition to transfer a firearm or
27 30 ammunition under circumstances that the person knows would
27 31 violate the laws of this state or of the United States commits
27 32 a class "D" felony. A person who knowingly provides materially
27 33 false information to a licensed firearms dealer or private
27 34 seller of firearms or ammunition with the intent to deceive the
27 35 firearms dealer or seller about the legality of a transfer of a
28 1 firearm or ammunition commits a class "D" felony. Any person
28 2 who willfully procures another to engage in conduct prohibited
28 3 by this Code section shall be held accountable as a principal.
28 4 The Code section does not apply to a law enforcement officer
28 5 acting in the officer's official capacity or to a person acting
28 6 at the direction of such law enforcement officer.
28 7 This new Code section takes effect upon enactment.
28 8 RULES. The bill specifies that the department of public
28 9 safety shall adopt rules pursuant to Code chapter 17A to
28 10 administer Code chapter 724.
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