Text: HSB15            Text: HSB17


House Study Bill 16

HOUSE FILE BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR 1 An Act relating to eliminating the requirement of an annual 2 permit to acquire a pistol or revolver and providing a 3 penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1170YC (4) 84 rh/rj PAG LIN 1 1 Section 1. Section 724.11A, Code 2011, is amended to read 1 2 as follows: 1 3 724.11A Recognition. 1 4 A valid permit or license issued by another state to any 1 5 nonresident of this state shall be considered to be a valid 1 6 permit or license to carry weapons issued pursuant to this 1 7 chapter, except that such permit or license shall not be 1 8 considered to be a substitute for an annual permit to acquire 1 9 pistols or revolvers issued pursuant to section 724.15. 1 10 Sec. 2. Section 724.16, Code 2011, is amended to read as 1 11 follows: 1 12 724.16 Annual permit to acquire required Pistol or revolver 1 13 ==== transfer prohibited. 1 14 1. Except as otherwise provided in section 724.15, 1 15 subsection 2, a person who acquires ownership of a pistol or 1 16 revolver without a valid annual permit to acquire pistols or 1 17 revolvers or a person who transfers ownership of a pistol 1 18 or revolver to a person who does not have in the person's 1 19 possession a valid annual permit to acquire pistols or 1 20 revolvers is guilty of an aggravated misdemeanor. 1 21 2. A person who transfers ownership of a pistol or revolver 1 22 to a person that the transferor knows is prohibited by 1 23 section 724.15 724.26 from acquiring ownership of possessing, 1 24 receiving, or transporting a pistol or revolver commits a class 1 25 "D" felony. 1 26 Sec. 3. Section 724.21A, Code 2011, is amended to read as 1 27 follows: 1 28 724.21A Denial, suspension, or revocation of permit to carry 1 29 weapons or permit to acquire pistols or revolvers. 1 30 1. In any case where the sheriff or the commissioner of 1 31 public safety denies an application for or suspends or revokes 1 32 a permit to carry weapons, or an annual permit to acquire 1 33 pistols or revolvers, the sheriff or commissioner shall provide 1 34 a written statement of the reasons for the denial, suspension, 1 35 or revocation and the applicant or permit holder shall have the 2 1 right to appeal the denial, suspension, or revocation to an 2 2 administrative law judge in the department of inspections and 2 3 appeals within thirty days of receiving written notice of the 2 4 denial, suspension, or revocation. 2 5 2. The applicant or permit holder may file an appeal with 2 6 an administrative law judge by filing a copy of the denial, 2 7 suspension, or revocation notice with a written statement that 2 8 clearly states the applicant's reasons rebutting the denial, 2 9 suspension, or revocation along with a fee of ten dollars. 2 10 Additional supporting information relevant to the proceedings 2 11 may also be included. 2 12 3. The administrative law judge shall, within forty=five 2 13 days of receipt of the request for an appeal, set a hearing 2 14 date. The hearing may be held by telephone or video conference 2 15 at the discretion of the administrative law judge. The 2 16 administrative law judge shall receive witness testimony and 2 17 other evidence relevant to the proceedings at the hearing. The 2 18 hearing shall be conducted pursuant to chapter 17A. 2 19 4. Upon conclusion of the hearing, the administrative law 2 20 judge shall order that the denial, suspension, or revocation 2 21 of the permit be either rescinded or sustained. An applicant, 2 22 permit holder, or issuing officer aggrieved by the final 2 23 judgment of the administrative law judge shall have the right 2 24 to judicial review in accordance with the terms of the Iowa 2 25 administrative procedure Act, chapter 17A. 2 26 5. The standard of review under this section shall be 2 27 clear and convincing evidence that the issuing officer's 2 28 written statement of the reasons for the denial, suspension, or 2 29 revocation constituted probable cause to deny an application or 2 30 to suspend or revoke a permit. 2 31 6. The department of inspections and appeals shall adopt 2 32 rules pursuant to chapter 17A as necessary to carry out the 2 33 provisions of this section. 2 34 7. In any case where the issuing officer denies an 2 35 application for, or suspends or revokes a permit to carry 3 1 weapons, or an annual permit to acquire pistols or revolvers 3 2 solely because of an adverse determination by the national 3 3 instant criminal background check system, the applicant or 3 4 permit holder shall not seek relief under this section but 3 5 may pursue relief of the national instant criminal background 3 6 check system determination pursuant to Pub. L. No. 103=159, 3 7 sections 103(f) and (g) and 104 and 28 C.F.R. { 25.10, or other 3 8 applicable law. The outcome of such proceedings shall be 3 9 binding on the issuing officer. 3 10 Sec. 4. Section 724.27, subsection 1, unnumbered paragraph 3 11 1, Code 2011, is amended to read as follows: 3 12 The provisions of section sections 724.8, section 724.15, 3 13 subsection 1, and section 724.26 shall not apply to a person 3 14 who is eligible to have the person's civil rights regarding 3 15 firearms restored under section 914.7 if any of the following 3 16 occur: 3 17 Sec. 5. REPEAL. Sections 724.15, 724.17, 724.18, 724.19, 3 18 724.20, and 724.21, Code 2011, are repealed. 3 19 EXPLANATION 3 20 This bill eliminates the requirement, pursuant to Code 3 21 section 724.15, that a person who acquires ownership of a 3 22 pistol or revolver must apply for and be issued an annual 3 23 permit to acquire a pistol or revolver unless certain 3 24 exceptions apply. 3 25 The bill amends Code section 724.16 relating to penalties 3 26 for acquiring or transferring ownership of a pistol or revolver 3 27 without a valid permit and provides that a person who transfers 3 28 ownership of a pistol or revolver to a person the transferor 3 29 knows is prohibited from possessing, receiving, or transporting 3 30 a pistol or revolver under Code section 724.26 is guilty of a 3 31 class "D" felony punishable by confinement for no more than 3 32 five years and a fine of between $750 and $7,500. 3 33 The bill repeals related Code sections relating to 3 34 permit=to=acquire applications (Code sections 724.17 and 3 35 724.18) and issuance requirements and procedures (Code sections 4 1 724.19, 724.20, and 724.21). The bill makes conforming changes 4 2 to Code sections 724.11A (recognition of out=of=state permits), 4 3 724.21A (provisions relating to the denial, suspension, or 4 4 revocation of permits to acquire), and 724.27 (restoration of 4 5 citizenship rights to a person convicted of a felony). 4 6 Current law provides that a person who acquires ownership of 4 7 a pistol or revolver without a valid annual permit to acquire 4 8 pistols or revolvers or a person who transfers ownership of 4 9 a pistol or revolver to a person who does not have in the 4 10 person's possession a valid annual permit to acquire pistols 4 11 or revolvers is guilty of an aggravated misdemeanor, and a 4 12 person who transfers ownership of a pistol or revolver to a 4 13 person that the transferor knows is prohibited from acquiring 4 14 ownership of a pistol or revolver commits a class "D" felony. 4 15 In addition, current law provides that a person who gives a 4 16 false name or presents false identification, or otherwise 4 17 knowingly gives false material information to one from whom the 4 18 person seeks to acquire a pistol or revolver commits a class 4 19 "D" felony. LSB 1170YC (4) 84 rh/rj
Text: HSB15            Text: HSB17