House File 2314 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2129)
A BILL FOR
1 An Act relating to the issuance and verification of, and the
2 transfer of records concerning permits to carry weapons
3 and the confidentiality of such records including the
4 confidentiality of records for such permits and for permits
5 to acquire pistols or revolvers, prohibiting fraudulent
6 transfers of firearms and ammunition, providing for a
7 fee and a penalty, and including effective date and
8 applicability provisions.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 DIVISION I
1 2 VERIFICATION AND TRAINING
1 3 Section 1. Section 724.5, Code 2016, is amended to read as
1 4 follows:
1 5 724.5 Duty to carry or verify permit to carry weapons.
1 6 1. A person armed with a revolver, pistol, or pocket billy
1 7 concealed upon the person shall have in the person's immediate
1 8 possession the permit provided for in section 724.4, subsection
1 9 4, paragraph "i", and shall produce the permit for inspection at
1 10 the request of a peace officer.
1 11 2. A peace officer shall verify through electronic means, if
1 12 possible, the validity of the person's permit to carry weapons.
1 13 3. Failure to so produce a permit is a simple misdemeanor,
1 14 punishable as a scheduled violation pursuant to section 805.8C,
1 15 subsection 11.
1 16 Sec. 2. Section 724.7, subsection 1, Code 2016, is amended
1 17 to read as follows:
1 18 1. a. Any person who is not disqualified under section
1 19 724.8, who satisfies the training requirements of section
1 20 724.9, and who files an application in accordance with section
1 21 724.10 shall be issued a nonprofessional permit to carry
1 22 weapons. Such permits shall be on a form prescribed and
1 23 published by the commissioner of public safety, which shall
1 24 be readily distinguishable from the professional permit, and
1 25 shall identify the holder of the permit. Such permits shall
1 26 not be issued for a particular weapon and shall not contain
1 27 information about a particular weapon including the make,
1 28 model, or serial number of the weapon or any ammunition used
1 29 in that weapon. All permits so issued shall be for a period of
1 30 five years and shall be valid throughout the state except where
1 31 the possession or carrying of a firearm is prohibited by state
1 32 or federal law.
1 33 b. The department of public safety shall issue a more
1 34 durable copy of the nonprofessional permit to carry weapons to
1 35 the permit holder as provided in section 724.11B.
2 1 Sec. 3. Section 724.9, Code 2016, is amended by adding the
2 2 following new subsection:
2 3 NEW SUBSECTION. 1A. The handgun safety training course
2 4 required in subsection 1 may be conducted over the internet
2 5 in a live or web=based format, if completion of the course is
2 6 verified by the instructor or provider of the course.
2 7 Sec. 4. Section 724.11, subsections 1 and 3, Code 2016, are
2 8 amended to read as follows:
2 9 1. a. Applications for permits to carry weapons shall
2 10 be made to the sheriff of the county in which the applicant
2 11 resides. Applications for professional permits to carry
2 12 weapons for persons who are nonresidents of the state, or whose
2 13 need to go armed arises out of employment by the state, shall
2 14 be made to the commissioner of public safety. In either case,
2 15 the sheriff or commissioner, before issuing the permit, shall
2 16 determine that the requirements of sections 724.6 to 724.10
2 17 have been satisfied. However, for renewal of a permit the
2 18 training program requirements in section 724.9, subsection
2 19 1, do not apply to an applicant who is able to demonstrate
2 20 completion of small arms training as specified in section
2 21 724.9, subsection 1, paragraph "d". For all other applicants
2 22 the training program requirements of section 724.9, subsection
2 23 1, must be satisfied within the twenty=four=month period prior
2 24 to the date of the application for the issuance of a permit.
2 25 b. (1) Prior to issuing a renewal, the sheriff or
2 26 commissioner shall determine the requirements of sections
2 27 724.6, 724.7, 724.8, and 724.10 and either of the following, as
2 28 applicable, have been satisfied:
2 29 (a) Beginning with the first renewal of a permit issued
2 30 after the calendar year 2010, and alternating renewals
2 31 thereafter, if a renewal applicant applies no later than thirty
2 32 days after expiration of the permit, the training program
2 33 requirements of section 724.9, subsection 1, do not apply.
2 34 (b) Beginning with the second renewal of a permit issued
2 35 after the calendar year 2010, and alternating renewals
3 1 thereafter, if a renewal applicant applies no later than thirty
3 2 days after expiration of the permit, a renewal applicant
3 3 shall qualify for renewal by taking an online training course
3 4 certified by the national rifle association or the Iowa law
3 5 enforcement academy, and the training program requirements of
3 6 section 724.9, subsection 1, do not apply.
3 7 (2) If any renewal applicant applies more than thirty days
3 8 after the expiration of the permit, the permit requirements
3 9 of paragraph "a" apply to the applicant, and any subsequent
3 10 renewal of this permit shall be considered a first renewal for
3 11 purposes of subparagraph (1). However, the training program
3 12 requirements of section 724.9, subsection 1, do not apply to an
3 13 applicant who is able to demonstrate completion of small arms
3 14 training as specified in section 724.9, subsection 1, paragraph
3 15 "d". For all other applicants, in lieu of the training program
3 16 requirements of section 724.9, subsection 1, the renewal
3 17 applicant may choose to qualify on a firing range under the
3 18 supervision of an instructor certified by the national rifle
3 19 association or the department of public safety or another
3 20 state's department of public safety, state police department,
3 21 or similar certifying body.
3 22 (3) As an alternative to subparagraph (1), and if the
3 23 requirements of sections 724.6, 724.7, 724.8, and 724.10 have
3 24 been satisfied, a renewal applicant may choose to qualify, at
3 25 any renewal, under the training program requirements in section
3 26 724.9, subsection 1, shall apply or the renewal applicant may
3 27 choose to qualify on a firing range under the supervision of
3 28 an instructor certified by the national rifle association or
3 29 the department of public safety or another state's department
3 30 of public safety, state police department, or similar
3 31 certifying body. Such training or qualification must occur
3 32 within the twelve=month twenty=four=month period prior to the
3 33 expiration of the applicant's current permit, except that
3 34 the twenty=four=month time period limitation for training or
3 35 qualification does not apply to an applicant who is able to
4 1 demonstrate completion of small arms training as specified in
4 2 section 724.9, subsection 1, paragraph "d".
4 3 3. The issuing officer shall collect a fee of fifty dollars,
4 4 except from a duly appointed peace officer or correctional
4 5 officer, for each permit issued. Renewal permits or duplicate
4 6 permits shall be issued for a fee of twenty=five dollars,
4 7 provided the application for such renewal permit is received by
4 8 the issuing officer at least no later than thirty days prior to
4 9 after the expiration of the applicant's current permit. The
4 10 issuing officer shall notify the commissioner of public safety
4 11 of the issuance of any permit at least monthly as provided in
4 12 section 724.11B, and forward to the commissioner an amount
4 13 equal to ten dollars for each permit issued and five dollars
4 14 for each renewal or duplicate permit issued. All such fees
4 15 received by the commissioner shall be paid to the treasurer of
4 16 state and deposited in the operating account of the department
4 17 of public safety to offset the cost of administering this
4 18 chapter. Notwithstanding section 8.33, any unspent balance as
4 19 of June 30 of each year shall not revert to the general fund of
4 20 the state.
4 21 Sec. 5. NEW SECTION. 724.11B Nonprofessional permit to
4 22 carry weapons ==== durable copy.
4 23 1. Within fourteen days after the sheriff has issued an
4 24 initial, renewal, or duplicate nonprofessional permit to
4 25 carry weapons, the sheriff shall transmit the permit holder's
4 26 information to the department of public safety. Within thirty
4 27 days of the permit holder's information being transmitted to
4 28 the department of public safety, the department shall issue
4 29 a more durable copy of the nonprofessional permit to carry
4 30 weapons to the permit holder.
4 31 2. The durable copy of the permit shall have a uniform
4 32 appearance, size, and content prescribed and published by the
4 33 commissioner of public safety. The permit shall contain the
4 34 name of the permit holder and the effective date of the permit,
4 35 but shall not contain the permit holder's social security
5 1 number or photograph and shall not contain information about a
5 2 particular weapon or any ammunition as prescribed by section
5 3 724.7, subsection 1.
5 4 3. A durable copy of the permit issued pursuant to this
5 5 section shall be considered a valid permit in addition to
5 6 the permit issued by the sheriff pursuant to section 724.7,
5 7 subsection 1.
5 8 Sec. 6. NEW SECTION. 724.14 Nonprofessional permit ====
5 9 change of residence to another county.
5 10 If a permit holder of a nonprofessional permit to carry
5 11 weapons changes residences from one county to another county
5 12 after the issuance of the permit, the department of public
5 13 safety shall by rule specify the procedure to transfer the
5 14 regulation of the holder's permit to another sheriff for the
5 15 purposes of issuing a renewal or duplicate permit, or complying
5 16 with section 724.13.
5 17 Sec. 7. Section 805.8C, Code 2016, is amended by adding the
5 18 following new subsection:
5 19 NEW SUBSECTION. 11. Failure to produce permit to carry. For
5 20 violations of section 724.5, the scheduled fine is ten dollars.
5 21 DIVISION II
5 22 CONFIDENTIALITY
5 23 Sec. 8. Section 724.23, Code 2016, is amended to read as
5 24 follows:
5 25 724.23 Records kept by commissioner and issuing officers.
5 26 1. The commissioner of public safety shall maintain a
5 27 permanent record of all valid permits to carry weapons and of
5 28 current permit revocations.
5 29 2. a. Notwithstanding any other law or rule to the
5 30 contrary, the commissioner of public safety and any issuing
5 31 officer shall keep confidential personally identifiable
5 32 information of applicants and holders of nonprofessional
5 33 permits to carry weapons and permits to acquire pistols or
5 34 revolvers, including but not limited to the name, social
5 35 security number, date of birth, residential or business
6 1 address, and driver's license or other identification number of
6 2 the applicant or permit holder.
6 3 b. This subsection shall not prohibit the release of
6 4 statistical information relating to the issuance, denial,
6 5 revocation, or administration of nonprofessional permits to
6 6 carry weapons and permits to acquire pistols or revolvers,
6 7 provided that the release of such information does not reveal
6 8 the identity of any applicant or individual permit holder.
6 9 c. This subsection shall not prohibit the release of
6 10 information to any law enforcement agency or any employee or
6 11 agent thereof when necessary for the purpose of investigating
6 12 a possible violation of law and probable cause exists, or for
6 13 conducting a lawfully authorized background investigation.
6 14 d. This subsection shall not prohibit the release of
6 15 information relating to the validity of a professional permit
6 16 to carry weapons to an employer who requires an employee or an
6 17 agent of the employer to possess a professional permit to carry
6 18 weapons as part of the duties of the employee or agent.
6 19 e. (1) (a) This subsection shall not prohibit the release
6 20 of the information described in subparagraph (2) to a member
6 21 of the public who requests whether another person possesses a
6 22 professional or nonprofessional permit to carry weapons or a
6 23 permit to acquire pistols or revolvers. However, information
6 24 described in subparagraph (2) regarding a person in whose favor
6 25 either a no=contact order or a protective order, as defined in
6 26 section 664A.1, has been issued and is still in effect, shall
6 27 not be released pursuant to this paragraph "e", if the person
6 28 presents the order to the department of public safety or the
6 29 issuing officer. Prior to the release of information described
6 30 in subparagraph (2), the member of the public requesting the
6 31 information shall appear in person and provide in writing to
6 32 the department of public safety or the issuing officer the
6 33 name of the member of the public, on a form prescribed by the
6 34 department of public safety. Alternatively, a member of the
6 35 public may request the information in writing by completing
7 1 the form prescribed by the department of public safety and
7 2 transmitting the form to the department or issuing officer.
7 3 The request must include the name of the other person and at
7 4 least one of the following identifiers pertaining to the other
7 5 person:
7 6 (i) The date of birth of the person.
7 7 (ii) The address of the person.
7 8 (iii) The telephone number of the person, including any
7 9 landline or wireless numbers.
7 10 (b) (i) Except as provided in subparagraph subdivision
7 11 (ii), the department or issuing officer shall keep a record of
7 12 the person making the request.
7 13 (ii) If a person in whose favor either a no=contact order
7 14 or a protective order, as defined in section 664A.1, has
7 15 been issued and is still in effect, presents the order to
7 16 the department of public safety or the issuing officer and
7 17 requests whether another person who is the subject of the order
7 18 possesses a professional or nonprofessional permit to carry
7 19 weapons or a permit to acquire pistols or revolvers under this
7 20 subparagraph (1), the department or issuing officer shall not
7 21 keep a record of the person making the request or disclose the
7 22 name of the person making the request.
7 23 (2) The information released by the department of public
7 24 safety or issuing officer shall be limited to an acknowledgment
7 25 as to whether or not the person currently possesses a valid
7 26 professional or nonprofessional permit to carry weapons or a
7 27 permit to acquire pistols or revolvers, the date such permit
7 28 was issued, and whether the person has ever possessed such a
7 29 permit that has been revoked or has expired and the date the
7 30 permit was revoked or expired. No other information shall be
7 31 released under this paragraph "e".
7 32 f. Except as provided in paragraphs "b", "c", "d", and "e",
7 33 the release of any confidential information under this section
7 34 shall require a court order or the consent of the person whose
7 35 personally identifiable information is the subject of the
8 1 information request.
8 2 g. The department of public safety shall, by rule, establish
8 3 a reasonable fee to cover the costs of complying with the
8 4 release of information requests pursuant to this subsection.
8 5 Sec. 9. EFFECTIVE UPON ENACTMENT. This division of this
8 6 Act, being deemed of immediate importance, takes effect upon
8 7 enactment.
8 8 Sec. 10. APPLICABILITY. This division of this Act applies
8 9 to holders of nonprofessional permits to carry weapons and
8 10 permits to acquire pistols or revolvers and to applicants for
8 11 nonprofessional permits to carry weapons and permits to acquire
8 12 pistols or revolvers on or after the effective date of this
8 13 division of this Act.
8 14 DIVISION III
8 15 FRAUDULENT TRANSFER
8 16 Sec. 11. NEW SECTION. 724.29A Fraudulent transfer of
8 17 firearms or ammunition.
8 18 1. For purposes of this section:
8 19 a. "Ammunition" means any cartridge, shell, or projectile
8 20 designed for use in a firearm.
8 21 b. "Licensed firearms dealer" means a person who is licensed
8 22 pursuant to 18 U.S.C. {923 to engage in the business of dealing
8 23 in firearms.
8 24 c. "Materially false information" means information that
8 25 portrays an illegal transaction as legal or a legal transaction
8 26 as illegal.
8 27 d. "Private seller" means a person who sells or offers for
8 28 sale any firearm or ammunition.
8 29 2. A person who knowingly solicits, persuades, encourages,
8 30 or entices a licensed firearms dealer or private seller of
8 31 firearms or ammunition to transfer a firearm or ammunition
8 32 under circumstances that the person knows would violate the
8 33 laws of this state or of the United States commits a class "D"
8 34 felony.
8 35 3. A person who knowingly provides materially false
9 1 information to a licensed firearms dealer or private seller of
9 2 firearms or ammunition with the intent to deceive the firearms
9 3 dealer or seller about the legality of a transfer of a firearm
9 4 or ammunition commits a class "D" felony.
9 5 4. Any person who willfully procures another to engage in
9 6 conduct prohibited by this section shall be held accountable
9 7 as a principal.
9 8 5. This section does not apply to a law enforcement officer
9 9 acting in the officer's official capacity or to a person acting
9 10 at the direction of such law enforcement officer.
9 11 DIVISION IV
9 12 RULES
9 13 Sec. 12. NEW SECTION. 724.32 Rules.
9 14 The department of public safety shall adopt rules pursuant
9 15 to chapter 17A to administer this chapter.
9 16 EXPLANATION
9 17 The inclusion of this explanation does not constitute agreement with
9 18 the explanation's substance by the members of the general assembly.
9 19 This bill relates to the issuance and verification of, and
9 20 the transfer of records concerning nonprofessional permits
9 21 to carry weapons and the confidentiality of records for such
9 22 permits and for permits to acquire pistols or revolvers, and
9 23 including effective date and applicability provisions.
9 24 POSSESSION AND VERIFICATION OF PERMIT TO CARRY WEAPONS ====
9 25 FINE. The bill under Code section 724.5 makes it a simple
9 26 misdemeanor punishable by a $10 scheduled fine if a person
9 27 armed with a revolver, pistol, or pocket billy concealed upon
9 28 the person does not possess the permit to carry weapons in the
9 29 immediate possession of the person, and fails to produce such
9 30 permit for inspection upon the request of a peace officer.
9 31 The bill specifies that a peace officer shall verify through
9 32 electronic means, if possible, the validity of the person's
9 33 permit to carry weapons. Current law provides that if a
9 34 person commits such a violation the person commits a simple
9 35 misdemeanor.
10 1 DURABLE COPY OF PERMIT. The bill requires that the
10 2 department of public safety, in addition to the sheriff issuing
10 3 a nonprofessional permit to carry weapons, issue a durable
10 4 copy of the nonprofessional permit to carry weapons to the
10 5 permit holder. The bill provides that within 14 days after
10 6 the sheriff has issued an initial, renewal, or duplicate
10 7 permit to carry weapons, the sheriff shall transmit the permit
10 8 holder's information to the department of public safety for the
10 9 department to issue the permit holder a more durable copy of
10 10 the permit. The bill requires the department of public safety
10 11 to issue the more durable copy of the permit to the permit
10 12 holder within 30 days of the permit holder's information being
10 13 transmitted to the department. The bill also provides that
10 14 the durable copy of the permit issued pursuant to the bill
10 15 shall be considered a valid permit in addition to the permit
10 16 issued by the sheriff. The bill specifies that the durable
10 17 copy of the permit shall have a uniform appearance, size,
10 18 and content prescribed and published by the commissioner of
10 19 public safety and shall contain the name of the permit holder
10 20 and the effective date of the permit, but shall not contain
10 21 the permit holder's social security number or photograph and
10 22 shall not contain information about a particular weapon or any
10 23 ammunition.
10 24 INTERNET HANDGUN SAFETY TRAINING COURSE. The bill provides
10 25 in Code section 724.9 that the handgun safety training course
10 26 required to obtain a permit to carry under Code section 724.11
10 27 may be conducted over the internet in a live or web=based
10 28 format, as long as completion of the course is verified by the
10 29 instructor or provider of the course.
10 30 ISSUANCE OF PERMIT TO CARRY OR RENEWAL ==== TRAINING
10 31 REQUIREMENTS. Under current law, prior to issuing any renewal
10 32 of a permit to carry weapons, the sheriff or commissioner under
10 33 Code section 724.11 shall determine if the requirements of Code
10 34 sections 724.6, 724.7, 724.8, 724.9, and 724.10 have been met.
10 35 The bill provides for additional or alternative requirements
11 1 under certain circumstances.
11 2 The bill provides that beginning with the first renewal of
11 3 a permit issued after the calendar year 2010, and alternating
11 4 renewals thereafter, if a renewal applicant applies no later
11 5 than 30 days after expiration of the permit, the training
11 6 requirements of Code section 724.9(1) do not apply.
11 7 The bill provides that beginning with the second renewal of
11 8 a permit issued after the calendar year 2010, and alternating
11 9 renewals thereafter, if a renewal applicant applies no
11 10 later than 30 days after expiration of the permit, a renewal
11 11 applicant shall qualify by taking an online training course
11 12 certified by the national rifle association or the Iowa law
11 13 enforcement academy, and the training program requirements of
11 14 Code section 724.9(1) do not apply.
11 15 If any renewal applicant applies more than 30 days after
11 16 the expiration of the permit, the bill specifies the training
11 17 program requirements in Code section 724.9(1) do apply to the
11 18 applicant, and any subsequent renewal of this permit shall be
11 19 considered a first renewal for purposes of determining the
11 20 training requirements.
11 21 The bill specifies that the training program requirements
11 22 in Code section 724.9(1) do not apply to a renewal applicant
11 23 who is able to demonstrate completion of small arms training
11 24 (military) as specified in Code section 724.9(1)(d). For all
11 25 other renewal applicants who have applied more than 30 days
11 26 after the expiration of the permit, the bill allows, in lieu of
11 27 the training program requirements in Code section 724.9(1), the
11 28 renewal applicant to choose to qualify on a firing range under
11 29 the supervision of an instructor certified by the national
11 30 rifle association or the department of public safety or another
11 31 state's department of public safety, state police department,
11 32 or similar certifying body.
11 33 As an alternative, a renewal applicant, under the bill, may
11 34 choose to qualify at any renewal, under the training program
11 35 requirements in Code section 724.9(1), or the renewal applicant
12 1 may choose to qualify on a firing range under the supervision
12 2 of an instructor certified by the national rifle association
12 3 or the department of public safety or another state's
12 4 department of public safety, state police department, or
12 5 similar certifying body. Such training or qualification must
12 6 occur within the 24=month period prior to the expiration of
12 7 the applicant's current permit, except that the 24=month time
12 8 period limitation to complete the training or qualification
12 9 does not apply to an applicant who is able to demonstrate
12 10 completion of small arms training (military) as specified in
12 11 Code section 724.9(1)(d).
12 12 RENEWAL FEE. The bill does not increase or decrease the
12 13 fee for a renewal of a permit to carry weapons but does allow
12 14 a renewal applicant to pay the $25 renewal application fee if
12 15 the renewal applicant applies no later than 30 days after such
12 16 expiration. Current law requires that in order to be assessed
12 17 the $25 renewal application fee, the renewal applicant must
12 18 apply at least 30 days prior to the expiration of the permit to
12 19 carry weapons.
12 20 TRANSFER OF REGULATION OF PERMIT. The bill specifies that
12 21 the department of public safety shall by rule specify the
12 22 procedure to transfer the regulation of a nonprofessional
12 23 permit holder's permit to another sheriff for the purposes of
12 24 issuing a renewal or duplicate permit, or complying with Code
12 25 section 724.13 relating to permit suspensions and revocations
12 26 and criminal history background checks, if the permit holder
12 27 has changed residences from one county to another county since
12 28 the issuance of the permit.
12 29 CONFIDENTIALITY. The bill provides in Code section
12 30 724.23 that, notwithstanding any other law or rule to the
12 31 contrary, the commissioner of public safety and any issuing
12 32 officer (county sheriff) shall keep confidential personally
12 33 identifiable information of applicants and holders of
12 34 nonprofessional permits to carry weapons and permits to
12 35 acquire pistols or revolvers. The release of any confidential
13 1 information, except as otherwise provided in the bill, requires
13 2 a court order or the consent of the person whose personally
13 3 identifiable information is the subject of the information
13 4 request.
13 5 EXCEPTIONS TO CONFIDENTIALITY == RELEASE OF PERMIT
13 6 INFORMATION. The bill does not prohibit release of statistical
13 7 information relating to the issuance, denial, revocation, or
13 8 administration of nonprofessional permits to carry weapons and
13 9 permits to acquire pistols or revolvers if such information
13 10 does not reveal the identity of any individual applicant or
13 11 permit holder, the release of information to a law enforcement
13 12 agency investigating a violation of law where probable cause
13 13 exists, the release for purposes of conducting a background
13 14 check, or the release of information relating to the validity
13 15 of a professional permit to carry weapons to an employer who
13 16 requires an employee or an agent of the employer to possess a
13 17 professional permit to carry weapons as part of the duties of
13 18 the employee or agent.
13 19 The bill also permits the release of confidential
13 20 information to a member of the public, if the person in writing
13 21 or in person, requests whether another person possesses a
13 22 professional or nonprofessional permit to carry weapons or a
13 23 permit to acquire pistols or revolvers.
13 24 However, information regarding a person in whose favor
13 25 either a no=contact order or protective order has been issued
13 26 and is still in effect, shall not be released, if the person
13 27 presents the order to the department of public safety or
13 28 issuing officer.
13 29 Prior to the release of the information under the bill,
13 30 the member of the public requesting the information must
13 31 provide the department of public safety or issuing officer
13 32 with the member's name in writing and on a form prescribed by
13 33 the department of public safety even if the person appears in
13 34 person to request such information. The bill requires the
13 35 request to include the name of the other person and one of
14 1 the following personal identifiers: the date of birth of the
14 2 person, the address of the person, or the telephone number of
14 3 the person. The bill requires the department of public safety
14 4 or issuing officer to keep a record of the person making the
14 5 request.
14 6 However, if a person in whose favor either a no=contact
14 7 order or protective order has been issued and is still in
14 8 effect, presents the order to the department of public safety
14 9 or the issuing officer and requests whether another person
14 10 who is the subject of the order possesses a professional or
14 11 nonprofessional permit to carry weapons or a permit to acquire
14 12 pistols or revolvers, the department shall not keep a record
14 13 of the person making the request or disclose the name of the
14 14 person making the request.
14 15 The bill provides that the information released by
14 16 the department of public safety shall be limited to an
14 17 acknowledgment as to whether the person possesses a
14 18 professional or nonprofessional permit to carry weapons or a
14 19 permit to acquire pistols or revolvers, the date such a permit
14 20 was issued, and whether the person has ever possessed such a
14 21 permit that has ever been revoked or has expired and the date
14 22 the permit was revoked or expired.
14 23 The bill specifies that the release of any other
14 24 confidential information shall require a court order or the
14 25 consent of the person whose personally identifiable information
14 26 is subject to the request.
14 27 FEE FOR RELEASE OF PERMIT INFORMATION. The bill provides
14 28 that the department of public safety shall, by rule, establish
14 29 a reasonable fee to cover the costs of complying with release
14 30 of permit information requests.
14 31 EFFECTIVE DATE AND APPLICABILITY. The portion of the bill
14 32 relating to confidentiality of permit information takes effect
14 33 upon enactment and applies to holders of nonprofessional
14 34 permits to carry weapons and permits to acquire pistols or
14 35 revolvers and to applicants for nonprofessional permits to
15 1 carry weapons and permits to acquire pistols or revolvers on or
15 2 after the effective date of this portion of the bill.
15 3 FRAUDULENT TRANSFER OF FIREARMS OR AMMUNITION. The
15 4 bill creates a new Code section to provide that a person
15 5 who knowingly solicits, persuades, encourages, or entices
15 6 a licensed firearms dealer or private seller of firearms
15 7 or ammunition to transfer a firearm or ammunition under
15 8 circumstances that the person knows would violate the laws
15 9 of this state or of the United States commits a class "D"
15 10 felony. A person who knowingly provides materially false
15 11 information to a licensed firearms dealer or private seller of
15 12 firearms or ammunition with the intent to deceive the firearms
15 13 dealer or seller about the legality of a transfer of a firearm
15 14 or ammunition commits a class "D" felony. Any person who
15 15 willfully procures another to engage in conduct prohibited by
15 16 this new Code section shall be held accountable as a principal.
15 17 The new Code section does not apply to a law enforcement
15 18 officer acting in the officer's official capacity or to a
15 19 person acting at the direction of such law enforcement officer.
15 20 RULES. The bill specifies that the department of public
15 21 safety shall adopt rules to administer Code chapter 724
15 22 (weapons).
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