Text: HF2114            Text: HF2116
Complete Bill History


House File 2115

HOUSE FILE BY WINDSCHITL, BRANDENBURG, DEYOE, J. TAYLOR, VANDER LINDEN, HELLAND, CHAMBERS, ALONS, FRY, WAGNER, KAUFMANN, WATTS, SWEENEY, RASMUSSEN, HUSEMAN, HAGENOW, DE BOEF, ROGERS, SODERBERG, MASSIE, GRASSLEY, PEARSON, and PETTENGILL A BILL FOR 1 An Act relating to the carrying of dangerous weapons and 2 providing a penalty and a fee. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5077YH (8) 84 rh/rj PAG LIN 1 1 Section 1. Section 724.7, Code Supplement 2011, is amended 1 2 to read as follows: 1 3 724.7 Nonprofessional permit to carry weapons. 1 4 1. Any person who is not disqualified under section 724.8, 1 5 who satisfies the training requirements of section 724.9, and 1 6 who files an application in accordance with section 724.10 1 7 shall be issued a nonprofessional permit to carry weapons. 1 8 Such permits shall be on a form have a uniform appearance, 1 9 size, and content prescribed and published by the commissioner 1 10 of public safety, which shall be readily distinguishable from 1 11 the professional permit, and shall identify the holder of 1 12 the permit, but shall not contain the permit holder's social 1 13 security number. The permit may be laminated by the issuing 1 14 officer or permit holder. Such permits shall not be issued for 1 15 a particular weapon and shall not contain information about a 1 16 particular weapon including the make, model, or serial number 1 17 of the weapon or any ammunition used in that weapon. All 1 18 permits so issued shall be for a period of five years and shall 1 19 be valid throughout the state except where the possession or 1 20 carrying of a firearm is prohibited by state or federal law 1 21 except as provided in subsection 2. 1 22 2. The commissioner of public safety shall develop a process 1 23 to allow service members deployed for military service to 1 24 submit a renewal of a nonprofessional permit to carry weapons 1 25 early and by mail. In addition, a permit issued to a service 1 26 member who is deployed for military service, as defined in 1 27 section 29A.1, subsection 3, 11, or 12, that would otherwise 1 28 expire during the period of deployment shall remain valid for 1 29 ninety days after the end of the service member's deployment. 1 30 3. Notwithstanding section 321G.13, subsection 2, section 1 31 321I.14, subsection 2, sections 461A.42 and 481A.7, section 1 32 481A.93, subsection 1, any rules adopted pursuant to chapter 1 33 173 or 481A, or any ordinance, motion, or resolution passed by 1 34 a political subdivision of this state, a permit issued under 1 35 this section or recognized under section 724.11A shall be valid 2 1 throughout the state. This subsection shall not be construed 2 2 to authorize the carrying of a weapon where prohibited by 2 3 federal law or to authorize the taking of a game animal or the 2 4 discharge of a weapon in violation of any law of this state, 2 5 except where justified in accordance with the provisions of 2 6 chapter 704. 2 7 Sec. 2. Section 724.8, Code 2011, is amended by striking the 2 8 section and inserting in lieu thereof the following: 2 9 724.8 Persons ineligible for permit to carry weapons. 2 10 A professional or nonprofessional permit to carry weapons 2 11 shall not be issued to a person who is subject to any of the 2 12 following: 2 13 1. Is less than eighteen years of age for a professional 2 14 permit or less than twenty=one years of age for a 2 15 nonprofessional permit. 2 16 2. Is prohibited by section 724.26 or federal law from 2 17 possessing, shipping, transporting, or receiving a firearm. 2 18 3. Is prohibited by court order from possessing, shipping, 2 19 transporting, or receiving a firearm. 2 20 Sec. 3. Section 724.9, subsection 1, Code 2011, is amended 2 21 by adding the following new paragraphs: 2 22 NEW PARAGRAPH. f. Holding or having previously held a 2 23 license or permit to carry a firearm in any state or a locality 2 24 thereof, unless such license or permit has been suspended or 2 25 revoked for cause. 2 26 NEW PARAGRAPH. g. Completion of a hunter education or 2 27 hunter safety course approved by the department of natural 2 28 resources or a similar agency of another state. 2 29 NEW PARAGRAPH. h. Completion of any firearms training or 2 30 safety course or class, including an electronic, video, or 2 31 internet course, conducted by a state certified or national 2 32 rifle association certified firearms instructor. 2 33 Sec. 4. Section 724.9, subsection 2, Code 2011, is amended 2 34 by adding the following new paragraph: 2 35 NEW PARAGRAPH. d. A currently valid or expired license or 3 1 permit to carry a firearm, issued by any state or a locality 3 2 thereof, except one that has been suspended or revoked for 3 3 cause. 3 4 Sec. 5. Section 724.10, subsections 1 and 2, Code 2011, are 3 5 amended to read as follows: 3 6 1. A person shall not be issued a permit to carry weapons 3 7 unless the person has completed and signed an application on 3 8 a form to be prescribed and published by the commissioner of 3 9 public safety. 3 10 a. The If an applicant is a United States citizen, the 3 11 application shall require only the full name, driver's license 3 12 or nonoperator's identification card number, residence, place 3 13 of birth, and date of birth of the applicant,. 3 14 b. If the applicant is not a United States citizen, the 3 15 application shall, in addition to the information specified in 3 16 paragraph "a", require the applicant's country of citizenship, 3 17 any alien or admission number issued by the United States 3 18 immigration and customs enforcement, and, if applicable, the 3 19 basis for any exception claimed pursuant to 18 U.S.C. { 922(y). 3 20 c. and shall state An applicant shall be required to state 3 21 whether the applicant meets the criteria specified in sections 3 22 724.8 and 724.9. An applicant may provide the applicant's 3 23 social security number if the applicant so chooses. The 3 24 applicant shall also display an identification card that bears 3 25 a distinguishing number assigned to the cardholder, the full 3 26 name, date of birth, sex, residence address, and a brief 3 27 description and colored photograph of the cardholder. 3 28 2. The issuing officer, upon receipt of an initial or 3 29 renewal application under this section, shall immediately 3 30 conduct a background check concerning each applicant by 3 31 obtaining criminal history data from the department of public 3 32 safety which shall include an inquiry of the national instant 3 33 criminal background system maintained by the federal bureau 3 34 of investigation or any successor agency and an immigration 3 35 alien query through a database maintained by the United States 4 1 immigration and customs enforcement or any successor agency if 4 2 the applicant is not a United States citizen. 4 3 Sec. 6. Section 724.11, Code 2011, is amended to read as 4 4 follows: 4 5 724.11 Issuance of permit to carry weapons. 4 6 1. Applications for permits to carry weapons shall be made 4 7 to the sheriff of the county in which the applicant resides. 4 8 Applications for professional permits to carry weapons for 4 9 persons who are nonresidents of the state, or whose need to go 4 10 armed arises out of employment by the state, shall be made to 4 11 the commissioner of public safety. In either case, the sheriff 4 12 or commissioner, before issuing the permit, shall determine 4 13 that the applicable requirements of sections 724.6 to 724.10 4 14 have been satisfied, except that the training requirements of 4 15 section 724.9 shall not apply to a renewal application for a 4 16 nonprofessional permit to carry weapons. However, for renewal 4 17 of a permit the training program requirements in section 724.9, 4 18 subsection 1, shall apply or the renewal applicant may choose 4 19 to qualify on a firing range under the supervision of an 4 20 instructor certified by the national rifle association or the 4 21 department of public safety or another state's department of 4 22 public safety, state police department, or similar certifying 4 23 body. Such training or qualification must occur within the 4 24 twelve=month period prior to the expiration of the applicant's 4 25 current permit. 4 26 2. Neither the sheriff nor the commissioner shall 4 27 require an applicant for a permit to carry weapons to provide 4 28 information identifying a particular weapon in the application 4 29 including the make, model, or serial number of the weapon or 4 30 any ammunition used in that particular weapon, or otherwise 4 31 impose additional conditions, limitations, or requirements not 4 32 expressly provided for in this chapter on the application for 4 33 or issuance, scope, effect, or content of a nonprofessional 4 34 permit to carry weapons. 4 35 3. a. The issuing officer shall collect a fee of 5 1 fifty dollars, except from a duly appointed peace officer 5 2 or correctional officer, for each nonprofessional permit 5 3 issued. Renewal permits or duplicate Nonprofessional renewal 5 4 permits shall be issued for a fee of twenty=five dollars and 5 5 nonprofessional duplicate permits shall be issued for a fee of 5 6 ten dollars, provided the application for each such renewal 5 7 permit is received by the issuing officer at least thirty days 5 8 prior to the expiration of the applicant's current permit. 5 9 b. The issuing officer shall collect a fee of ten dollars 5 10 for the issuance, renewal, or duplication of a professional 5 11 permit. 5 12 c. The issuing officer shall notify the commissioner of 5 13 public safety of the issuance of any permit at least monthly 5 14 and forward to the commissioner an amount equal to ten dollars 5 15 for each permit issued and five dollars for each renewal 5 16 or duplicate permit issued. All such fees received by the 5 17 commissioner shall be paid to the treasurer of state and 5 18 deposited in the operating account of the department of public 5 19 safety to offset the cost of administering this chapter. 5 20 Notwithstanding section 8.33, any unspent balance as of June 30 5 21 of each year shall not revert to the general fund of the state, 5 22 but shall be maintained in a separate fund for the sole purpose 5 23 of administering this chapter. 5 24 4. The sheriff or commissioner of public safety shall 5 25 approve or deny an initial or renewal application submitted 5 26 under this section within thirty seven days of receipt of the 5 27 application. A person whose application for a permit under 5 28 this chapter is denied may seek review of the denial under 5 29 section 724.21A. The failure to approve or deny an initial 5 30 or renewal application shall result in a decision of approval 5 31 If the issuing officer has not received any disqualifying 5 32 information within the requisite seven=day period, the issuing 5 33 officer shall approve the application. An issuing officer who 5 34 refuses to accept or act upon an application filed under this 5 35 chapter shall be subject to removal from office pursuant to 6 1 section 66.1A. 6 2 Sec. 7. Section 724.11A, Code 2011, is amended to read as 6 3 follows: 6 4 724.11A Recognition and reciprocity. 6 5 1. A valid permit or license issued by another state to 6 6 any nonresident of this state shall be considered to be a 6 7 valid permit or license to carry weapons issued pursuant to 6 8 this chapter, except that such permit or license shall not be 6 9 considered to be a substitute for an annual permit to acquire 6 10 pistols or revolvers issued pursuant to section 724.15. 6 11 2. At least annually, the department of public safety shall 6 12 seek a reciprocal recognition agreement with any state that 6 13 does not recognize a nonprofessional permit to carry weapons 6 14 issued in this state. The department of public safety shall 6 15 have the authority to enter into such agreements. 6 16 Sec. 8. Section 724.21A, subsection 5, Code 2011, is amended 6 17 to read as follows: 6 18 5. The standard of review under this section shall be 6 19 clear and convincing evidence that the issuing officer's 6 20 written statement of the reasons for the denial, suspension, or 6 21 revocation constituted probable cause to deny an application 6 22 or to suspend or revoke a permit clear and convincing evidence 6 23 that, as of the date of the adverse decision, the applicant or 6 24 permittee was ineligible for a permit to carry weapons under 6 25 the applicable standards set forth in this chapter, subject 6 26 to prosecution or any other proceeding that could result in 6 27 the applicant or permittee becoming ineligible for a permit 6 28 to carry weapons, or provided materially false information or 6 29 documentation in conjunction with the permit application. 6 30 Sec. 9. Section 724.23, Code 2011, is amended to read as 6 31 follows: 6 32 724.23 Records kept by commissioner. 6 33 1. The commissioner of public safety shall maintain a 6 34 permanent record of all valid permits to carry weapons and of 6 35 current permit revocations. 7 1 2. a. Notwithstanding any other law or rule to the 7 2 contrary, an issuing officer shall keep confidential 7 3 information that would personally identify applicants for or 7 4 holders of nonprofessional permits to carry weapons, including 7 5 but not limited to the name, social security number, date of 7 6 birth, driver's license or other identification number, and 7 7 residential or business address of the applicant or permit 7 8 holder. 7 9 b. This subsection shall not prohibit the release of any of 7 10 the following: 7 11 (1) Numerical statistics pertaining to the issuance, 7 12 denial, revocation, or administration of applicants for or 7 13 holders of nonprofessional permits, provided that the release 7 14 of such information does not reveal the identity of any 7 15 individual permit holder. 7 16 (2) The release of information to any law enforcement 7 17 agency, or an employee or agent thereof, when necessary for an 7 18 investigation of a possible violation of law or for conducting 7 19 a lawfully authorized background investigation. 7 20 Sec. 10. Section 724.25, subsection 1, Code 2011, is amended 7 21 to read as follows: 7 22 1. As used in section 724.26, the word "felony" means 7 23 any offense punishable in the jurisdiction where it occurred 7 24 by imprisonment for a term exceeding one year, but does not 7 25 include any offense, other than an offense involving a firearm 7 26 or explosive, classified as a misdemeanor under the laws of the 7 27 state and punishable by a term of imprisonment of two years or 7 28 less. 7 29 EXPLANATION 7 30 This bill relates to the carrying of dangerous weapons and 7 31 provides a penalty and a fee. 7 32 I. PERMIT TO CARRY WEAPONS. 7 33 A. VALIDITY. The bill provides that nonprofessional 7 34 permits to carry weapons shall have a uniform appearance, size, 7 35 and content, but shall not contain the permit holder's social 8 1 security number. Such permits may be laminated by either the 8 2 issuing officer or the permit holder. 8 3 Current law provides that nonprofessional permits to carry 8 4 weapons are valid throughout the state. The bill provides 8 5 for such permits' validity throughout the state and overrides 8 6 contrary provisions in the Code relating to the operation 8 7 of a snowmobile or an all=terrain vehicle with a firearm, 8 8 certain hunting provisions relating to wildlife conservation, 8 9 the use of firearms, explosives, and weapons in state parks 8 10 and preserves, rules adopted by the state fair board and the 8 11 department of natural resources, or any ordinance, motion, or 8 12 resolution passed by a political subdivision of this state. 8 13 The bill specifies that Code provisions relating to the 8 14 validity of nonprofessional permits to carry weapons throughout 8 15 the state, as well as out=of=state permits to carry weapons 8 16 recognized under Iowa's permit recognition statute, shall not 8 17 be construed to authorize the carrying of weapons prohibited 8 18 under federal law or to authorize the taking of game animals 8 19 or the discharge of weapons except where justified under Code 8 20 chapter 704 (use of reasonable or deadly force). 8 21 B. ISSUANCE ==== DISQUALIFIERS. Current law prohibits 8 22 certain persons from obtaining either a professional or 8 23 nonprofessional permit to carry weapons including a person who 8 24 is addicted to alcohol, a person who is likely to use a weapon 8 25 unlawfully in such a manner as would endanger the person's 8 26 self or others, and a person who has, within the previous 8 27 three years, been convicted of certain assaults not involving 8 28 the use of a firearm or explosive. The bill eliminates such 8 29 disqualifiers, maintains the age restrictions, and further 8 30 specifies that a person who is prohibited by Code section 8 31 724.26 (felon in possession of a firearm), federal law, or who 8 32 is the subject of a court order from possessing, shipping, 8 33 transporting, or receiving a firearm, is ineligible for a 8 34 permit to carry weapons. 8 35 C. FIREARMS TRAINING. The bill expands current law relating 9 1 to firearm training qualification requirements for a person 9 2 who applies for a permit to carry weapons to include a current 9 3 or previously held license or permit to carry a firearm in 9 4 any state or locality, completion of any firearms training or 9 5 safety course or class, including an electronic, video, or 9 6 internet course, conducted by a state certified or national 9 7 rifle association certified firearms instructor, or completion 9 8 of a hunter education or hunter safety course approved by the 9 9 department of natural resources or a similar agency of another 9 10 state. The bill also includes a current or expired license or 9 11 permit to carry firearms, issued by any state or a locality, as 9 12 acceptable evidence of firearms training. The bill provides 9 13 that the firearm training requirements shall not apply to a 9 14 renewal application for a nonprofessional permit to carry 9 15 weapons. 9 16 D. APPLICANT INFORMATION ==== ALIENS. The bill provides that 9 17 a sheriff shall not require an applicant for a nonprofessional 9 18 permit to carry weapons who is a United States citizen to 9 19 provide any information, documentation, or evidence of identity 9 20 beyond what is required under current law. An applicant who is 9 21 not a United States citizen shall be subject to an immigration 9 22 alien query through a database maintained by the United States 9 23 immigration and customs enforcement and shall also provide 9 24 additional information as well as the basis for any exception 9 25 claimed under the provisions of 18 U.S.C. { 922(y). 9 26 E. ISSUANCE FEES. The bill specifies that the current 9 27 $50 issuance fee for permits to carry weapons applies to 9 28 nonprofessional permits and that the current $25 issuance 9 29 fee for renewal permits to carry weapons also applies to 9 30 nonprofessional permits. Nonprofessional duplicate permits 9 31 shall be issued for a $10 fee. The bill provides that the fee 9 32 for the issuance, renewal, or duplication of a professional 9 33 permit to carry weapons shall be $10. The bill provides that 9 34 any unspent balance as of June 30 of each year shall not revert 9 35 to the general fund of the state, but shall be maintained in a 10 1 separate fund to be used for the administration of Code chapter 10 2 724. 10 3 F. PERMIT ISSUANCE ==== APPROVAL=DENIAL. The bill amends 10 4 current law requiring the issuing officer to approve or 10 5 deny an initial or renewal application for a permit to carry 10 6 weapons from within 30 days of receipt of an application to 10 7 require approval or denial within seven days of receipt of an 10 8 application, and to require the issuing officer to approve the 10 9 application in the absence of any disqualifying information 10 10 received within the requisite seven=day period. An issuing 10 11 officer who refuses to accept or act upon an application shall 10 12 be subject to removal from office pursuant to Code chapter 66. 10 13 G. RECOGNITION AND RECIPROCITY. The bill provides that 10 14 at least annually, the department of public safety shall seek 10 15 a reciprocal recognition agreement with any state that does 10 16 not recognize a nonprofessional permit to carry weapons issued 10 17 in this state. The bill authorizes the department of public 10 18 safety to enter into such agreements. 10 19 H. CONFIDENTIAL INFORMATION. The bill provides that 10 20 an issuing officer shall keep confidential information 10 21 that would personally identify applicants for or holders 10 22 of nonprofessional permits to carry weapons, including but 10 23 not limited to the applicant's or permit holder's name, 10 24 social security number, date of birth, driver's license or 10 25 other identification number, and residential or business 10 26 address. The bill does not prohibit the release of numerical 10 27 statistics pertaining to the issuance, denial, revocation, or 10 28 administration of applicants for or holders of nonprofessional 10 29 permits, provided that the release of such information does 10 30 not reveal the identity of any individual permit holder, nor 10 31 does the bill prohibit the release of information to any 10 32 law enforcement agency, or an employee or agent thereof, 10 33 when necessary for an investigation of a possible violation 10 34 of law or for conducting a lawfully authorized background 10 35 investigation. 11 1 II. DENIAL, SUSPENSION, REVOCATION ==== PERMIT TO CARRY ==== 11 2 PERMIT TO ACQUIRE. The bill provides that, in a case where 11 3 an issuing officer denies, suspends, or revokes a permit to 11 4 carry weapons or a permit to acquire pistols or revolvers, the 11 5 clear and convincing evidence standard of review must show 11 6 that, as of the date of the adverse decision, the applicant or 11 7 permittee was ineligible for a permit to carry weapons, subject 11 8 to prosecution or any other proceeding that could result in 11 9 the applicant or permittee becoming ineligible for a permit 11 10 to carry weapons, or provided materially false information or 11 11 documentation in conjunction with the permit application. 11 12 III. FELON IN POSSESSION OF A FIREARM ==DEFINITION. 11 13 Current Code section 724.25 defines a "felony" for purposes of 11 14 the crime of felon in possession of a firearm (Code section 11 15 724.26) to include persons who commit an aggravated misdemeanor 11 16 by use of a firearm, as well as felons. The bill amends Code 11 17 section 724.25 to exclude persons who commit an aggravated 11 18 misdemeanor by use of a firearm for purposes of Code section 11 19 724.26. LSB 5077YH (8) 84 rh/rj
Text: HF2114            Text: HF2116 Complete Bill History