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