House File 127 - Introduced HOUSE FILE 127 BY STAED , KURTH , HUNTER , STECKMAN , LENSING , DONAHUE , MASCHER , WINCKLER , ANDERSON , B. MEYER , EHLERT , and GAINES A BILL FOR An Act relating to the sale or transfer of firearms, providing 1 penalties, and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1693YH (3) 88 mo/rh

H.F. 127 Section 1. NEW SECTION . 724.32 Sale or transfer of firearms 1 —— criminal history background check. 2 1. Unless otherwise authorized by this chapter or federal 3 law, a person shall not sell or transfer a firearm to another 4 person without receiving verification from a licensed firearms 5 dealer that information on the prospective purchaser or 6 transferee has been submitted to the department of public 7 safety for a criminal history background check and that a 8 determination has been received by the department of public 9 safety that the prospective purchaser or transferee is not 10 prohibited under either state or federal law from possessing a 11 firearm. A criminal history background check conducted under 12 this section shall include an inquiry of the national instant 13 criminal background check system maintained by the federal 14 bureau of investigation. 15 2. a. Except as provided in paragraph “b” , a person who 16 sells or transfers a firearm in violation of this section is 17 guilty of an aggravated misdemeanor. 18 b. A person does not violate this section under any of the 19 following circumstances: 20 (1) A sale or transfer of a firearm to a firearm buyback 21 program sponsored by a law enforcement agency. 22 (2) A transfer of a firearm to another person during an 23 act of justified self-defense or justified defense of another 24 person, provided that the possession after the transfer 25 lasts no longer than is immediately necessary to resolve the 26 emergency. 27 3. A licensed firearms dealer may charge and collect fees 28 for obtaining criminal history record information checks on 29 behalf of sellers or transferors. 30 4. The department of public safety shall adopt rules 31 pursuant to chapter 17A as necessary to carry out the 32 provisions of this section. 33 5. For purposes of this section, “licensed firearms dealer” 34 means the same as defined in section 724.29A. 35 -1- LSB 1693YH (3) 88 mo/rh 1/ 3

H.F. 127 Sec. 2. APPLICABILITY. This Act applies to the sale or 1 transfer of firearms on or after July 1, 2019. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the sale or transfer of firearms, 6 provides penalties, and includes applicability provisions. 7 Unless a sale or transfer of a firearm without the 8 performance of a criminal history background check is otherwise 9 authorized by Code chapter 724 (weapons) or federal law, 10 the bill prohibits a person from selling or transferring a 11 firearm to another person without receiving verification from 12 a federally licensed firearms dealer that information on the 13 prospective purchaser or transferee has been submitted to the 14 department of public safety for a criminal history background 15 check and that a determination has been received by the 16 department of public safety that the prospective purchaser or 17 transferee is not prohibited under either state or federal law 18 from possessing a firearm. A criminal history background check 19 under the bill includes an inquiry of the national instant 20 criminal background check system maintained by the federal 21 bureau of investigation. 22 The bill provides that a person who sells or transfers a 23 firearm in violation of this Code section is guilty of an 24 aggravated misdemeanor, punishable by confinement for no more 25 than two years and a fine of at least $625 but not more than 26 $6,250. 27 The bill does not apply to the following: a sale or transfer 28 of a firearm to a firearm buyback program sponsored by a law 29 enforcement agency; or to a transfer to another person during 30 an act of justified self-defense or justified defense of 31 another person, provided that the possession after the transfer 32 lasts no longer than is immediately necessary to resolve the 33 emergency. 34 The bill provides that a federally licensed firearms dealer 35 -2- LSB 1693YH (3) 88 mo/rh 2/ 3

H.F. 127 may charge and collect fees for obtaining criminal history 1 record information checks on behalf of sellers and transferors 2 and the department of public safety shall adopt rules pursuant 3 to Code chapter 17A as necessary to carry out the provisions 4 of the bill. 5 The bill applies to the sale or transfer of firearms on or 6 after July 1, 2019. 7 -3- LSB 1693YH (3) 88 mo/rh 3/ 3