Text: SF263            Text: SF265
Complete Bill History


Senate File 264

SENATE FILE BY SORENSON, HAMERLINCK, ANDERSON, CHELGREN, WHITVER, ERNST, and BEHN (COMPANION TO LSB 1783HH BY ALONS) A BILL FOR 1 An Act eliminating the requirement of an annual permit to 2 acquire a pistol or revolver. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1783SS (5) 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 724.21A, Code 2011, is amended to read as 1 11 follows: 1 12 724.21A Denial, suspension, or revocation of permit to carry 1 13 weapons or permit to acquire pistols or revolvers. 1 14 1. In any case where the sheriff or the commissioner of 1 15 public safety denies an application for or suspends or revokes 1 16 a permit to carry weapons, or an annual permit to acquire 1 17 pistols or revolvers, the sheriff or commissioner shall provide 1 18 a written statement of the reasons for the denial, suspension, 1 19 or revocation and the applicant or permit holder shall have the 1 20 right to appeal the denial, suspension, or revocation to an 1 21 administrative law judge in the department of inspections and 1 22 appeals within thirty days of receiving written notice of the 1 23 denial, suspension, or revocation. 1 24 2. The applicant or permit holder may file an appeal with 1 25 an administrative law judge by filing a copy of the denial, 1 26 suspension, or revocation notice with a written statement that 1 27 clearly states the applicant's reasons rebutting the denial, 1 28 suspension, or revocation along with a fee of ten dollars. 1 29 Additional supporting information relevant to the proceedings 1 30 may also be included. 1 31 3. The administrative law judge shall, within forty=five 1 32 days of receipt of the request for an appeal, set a hearing 1 33 date. The hearing may be held by telephone or video conference 1 34 at the discretion of the administrative law judge. The 1 35 administrative law judge shall receive witness testimony and 2 1 other evidence relevant to the proceedings at the hearing. The 2 2 hearing shall be conducted pursuant to chapter 17A. 2 3 4. Upon conclusion of the hearing, the administrative law 2 4 judge shall order that the denial, suspension, or revocation 2 5 of the permit be either rescinded or sustained. An applicant, 2 6 permit holder, or issuing officer aggrieved by the final 2 7 judgment of the administrative law judge shall have the right 2 8 to judicial review in accordance with the terms of the Iowa 2 9 administrative procedure Act, chapter 17A. 2 10 5. The standard of review under this section shall be 2 11 clear and convincing evidence that the issuing officer's 2 12 written statement of the reasons for the denial, suspension, or 2 13 revocation constituted probable cause to deny an application or 2 14 to suspend or revoke a permit. 2 15 6. The department of inspections and appeals shall adopt 2 16 rules pursuant to chapter 17A as necessary to carry out the 2 17 provisions of this section. 2 18 7. In any case where the issuing officer denies an 2 19 application for, or suspends or revokes a permit to carry 2 20 weapons, or an annual permit to acquire pistols or revolvers 2 21 solely because of an adverse determination by the national 2 22 instant criminal background check system, the applicant or 2 23 permit holder shall not seek relief under this section but 2 24 may pursue relief of the national instant criminal background 2 25 check system determination pursuant to Pub. L. No. 103=159, 2 26 sections 103(f) and (g) and 104 and 28 C.F.R. { 25.10, or other 2 27 applicable law. The outcome of such proceedings shall be 2 28 binding on the issuing officer. 2 29 Sec. 3. Section 724.27, subsection 1, unnumbered paragraph 2 30 1, Code 2011, is amended to read as follows: 2 31 The provisions of section sections 724.8, section 724.15, 2 32 subsection 1, and section 724.26 shall not apply to a person 2 33 who is eligible to have the person's civil rights regarding 2 34 firearms restored under section 914.7 if any of the following 2 35 occur: 3 1 Sec. 4. REPEAL. Sections 724.15, 724.16, 724.17, 724.18, 3 2 724.19, 724.20, and 724.21, Code 2011, are repealed. 3 3 EXPLANATION 3 4 This bill eliminates the requirement, pursuant to Code 3 5 section 724.15, that a person who acquires ownership of a 3 6 pistol or revolver must apply for and be issued an annual 3 7 permit to acquire a pistol or revolver unless certain 3 8 exceptions apply. 3 9 The bill repeals related Code sections relating to 3 10 permit=to=acquire applications (Code sections 724.17 and 3 11 724.18), issuance requirements and procedures (Code sections 3 12 724.19, 724.20, and 724.21), and a related transfer of 3 13 ownership and penalty provision (Code section 724.16). The 3 14 bill makes conforming changes to Code sections 724.11A 3 15 (recognition of out=of=state permits), 724.21A (provisions 3 16 relating to the denial, suspension, or revocation of permits to 3 17 acquire), and 724.27 (restoration of citizenship rights to a 3 18 person convicted of a felony). 3 19 Current law provides that a person who acquires ownership of 3 20 a pistol or revolver without a valid annual permit to acquire 3 21 pistols or revolvers or a person who transfers ownership of 3 22 a pistol or revolver to a person who does not have in the 3 23 person's possession a valid annual permit to acquire pistols 3 24 or revolvers is guilty of an aggravated misdemeanor, and a 3 25 person who transfers ownership of a pistol or revolver to a 3 26 person that the transferor knows is prohibited from acquiring 3 27 ownership of a pistol or revolver commits a class "D" felony. 3 28 In addition, current law provides that a person who gives a 3 29 false name or presents false identification, or otherwise 3 30 knowingly gives false material information to one from whom the 3 31 person seeks to acquire a pistol or revolver commits a class 3 32 "D" felony. LSB 1783SS (5) 84 rh/rj
Text: SF263            Text: SF265 Complete Bill History