Senate File 2379 - Enrolled




                                       Senate File 2379

                             AN ACT
 RELATING TO PERMITS TO CARRY WEAPONS AND PERMITS TO
    ACQUIRE PISTOLS AND REVOLVERS INCLUDING THE DISSEMINATION OF
    INFORMATION RELATING TO PERSONS SUFFERING FROM MENTAL AND
    SUBSTANCE ABUSE HEALTH=RELATED DISORDERS AND THE POSSESSION
    OF FIREARMS AND PROVIDING PENALTIES AND AN EFFECTIVE DATE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 229.24, subsection 1, Code 2009, is
 amended to read as follows:
    1.  All papers and records pertaining to any involuntary
 hospitalization or application for involuntary hospitalization
 of any person under this chapter, whether part of the permanent
 record of the court or of a file in the department of human
 services, are subject to inspection only upon an order of the
 court for good cause shown. Nothing in this section shall
  prohibit a hospital from complying with the requirements
 of this chapter and of chapter 230 relative to financial
 responsibility for the cost of care and treatment provided
 a patient in that hospital, nor from properly billing any
 responsible relative or third=party payer for such care and
 treatment.
    Sec. 2.  Section 229.24, Code 2009, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  4.  This section shall not prohibit any of
 the following:
    a.  A hospital from complying with the requirements of this
 chapter and of chapter 230 relative to financial responsibility
 for the cost of care and treatment provided a patient in that
 hospital or from properly billing any responsible relative or
 third=party payer for such care or treatment.
    b.  A court or the department of public safety from
 forwarding to the federal bureau of investigation information
 that a person has been disqualified from possessing, shipping,
 transporting, or receiving a firearm pursuant to section
 724.31.
    Sec. 3.  Section 602.8102, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  125A.  Forward information that a person
 has been disqualified from possessing, shipping, transporting,
 or receiving a firearm pursuant to section 724.31 to the
 department of public safety.
    Sec. 4.  NEW SECTION.  724.4C  Possession or carrying of
 firearms while under the influence.
    A permit issued under this chapter is invalid if the person
 to whom the permit is issued is intoxicated as provided in
 section 321J.2, subsection 1.
    Sec. 5.  Section 724.7, Code 2009, is amended to read as
 follows:
    724.7  Nonprofessional permit to carry weapons.
    Any person who can reasonably justify going armed may is
 not disqualified under section 724.8, who satisfies the
 training requirements of section 724.9, and who files an
 application in accordance with section 724.10 shall be issued a
 nonprofessional permit to carry weapons. Such permits shall
 be on a form prescribed and published by the commissioner of
 public safety, which shall be readily distinguishable from the
 professional permit, and shall identify the holder thereof, and
 state the reason for the issuance of the permit, and the limits
 of the authority granted by such permit of the permit. Such
 permits shall not be issued for a particular weapon and shall
 not contain information about a particular weapon including the
 make, model, or serial number of the weapon or any ammunition
 used in that weapon. All permits so issued shall be for a
 definite period as established by the issuing officer, but in
 no event shall exceed a period of twelve months five years and
 shall be valid throughout the state except where the possession
 or carrying of a firearm is prohibited by state or federal law.
    Sec. 6.  Section 724.8, Code 2009, is amended to read as
 follows:
    724.8  Persons eligible for permit to carry weapons.
    No person shall be issued a professional or nonprofessional
 permit to carry weapons unless shall be issued to a person who
 is subject to any of the following:
    1.  The person is Is less than eighteen years of age or
 older for a professional permit or less than twenty=one years
 of age for a nonprofessional permit.
    2.  The person has never been convicted of a felony.
    3.  2.  The person is not Is addicted to the use of alcohol
 or any controlled substance.
    4.  3.  The person has no history of repeated acts of
 violence.  Probable cause exists to believe, based upon
 documented specific actions of the person, where at least one
 of the actions occurred within two years immediately preceding
 the date of the permit application, that the person is likely
 to use a weapon unlawfully or in such other manner as would
 endanger the person's self or others.
    5.  The issuing officer reasonably determines that the
 applicant does not constitute a danger to any person.
    4.  Is subject to the provisions of section 724.26.
    6.  5.  The person has never Has, within the previous three
 years, been convicted of any crime serious or aggravated
 misdemeanor defined in chapter 708, except "assault" as defined
 in section 708.1 and "harassment" as defined in section 708.7
  not involving the use of a firearm or explosive.
    6.  Is prohibited by federal law from shipping,
 transporting, possessing, or receiving a firearm.
    Sec. 7.  Section 724.9, Code 2009, is amended by striking the
 section and inserting in lieu thereof the following:
    724.9  Firearm training program.
    1.  An applicant shall demonstrate knowledge of firearm
 safety by any of the following means:
    a.  Completion of any national rifle association handgun
 safety training course.
    b.  Completion of any handgun safety training course
 available to the general public offered by a law enforcement
 agency, community college, college, private or public
 institution or organization, or firearms training school,
 utilizing instructors certified by the national rifle
 association or the department of public safety or another
 state's department of public safety, state police department,
 or similar certifying body.
    c.  Completion of any handgun safety training course offered
 for security guards, investigators, special deputies, or any
 division or subdivision of a law enforcement or security
 enforcement agency approved by the department of public safety.
    d.  Completion of small arms training while serving with the
 armed forces of the United States as evidenced by any of the
 following:
    (1)  For personnel released or retired from active duty,
 possession of an honorable discharge or general discharge under
 honorable conditions.
    (2)  For personnel on active duty or serving in one of the
 national guard or reserve components of the armed forces of the
 United States, possession of a certificate of completion of
 basic training with a service record of successful completion
 of small arms training and qualification.
    e.  Completion of a law enforcement agency firearms training
 course that qualifies a peace officer to carry a firearm in the
 normal course of the peace officer's duties.
    2.  Evidence of qualification under this section may be
 documented by any of the following:
    a.  A photocopy of a certificate of completion or any
 similar document indicating completion of any course or class
 identified in subsection 1.
    b.  An affidavit from the instructor, school, organization,
 or group that conducted or taught a course or class identified
 in subsection 1 attesting to the completion of the course or
 class by the applicant.
    c.  A copy of any document indicating participation in any
 firearms shooting competition.
    3.  An issuing officer shall not condition the issuance of a
 permit on training requirements that are not specified in or
 that exceed the requirements of this section.
    Sec. 8.  Section 724.10, Code 2009, is amended to read as
 follows:
    724.10  Application for permit to carry weapons == criminal
 history background check required.
    1.  A person shall not be issued a permit to carry weapons
 unless the person has completed and signed an application on
 a form to be prescribed and published by the commissioner of
 public safety.  The application shall state require only the
 full name, driver's license or nonoperator's identification
 card number, residence, place of birth, and age date of
 birth of the applicant, and shall state whether the applicant
 has ever been convicted of a felony, whether the person is
 addicted to the use of alcohol or any controlled substance,
 and whether the person has any history of mental illness
 or repeated acts of violence meets the criteria specified
 in sections 724.8 and 724.9.  An applicant may provide the
 applicant's social security number if the applicant so
 chooses.  The applicant shall also display an identification
 card that bears a distinguishing number assigned to the
 cardholder, the full name, date of birth, sex, residence
 address, and a brief description and colored photograph of the
 cardholder.
    2.  The sheriff issuing officer, upon receipt of an
 initial or renewal application under this section, shall
 conduct immediately conduct a criminal history background check
 concerning each applicant by obtaining criminal history data
 from the department of public safety which shall include an
 inquiry of the national instant criminal background system
 maintained by the federal bureau of investigation or any
 successor agency.
    3.  A person who knowingly makes what the person knows to
 be a false statement of material fact on the an application
 submitted under this section or who submits what the person
 knows to be any materially falsified or forged documentation in
 connection with such an application commits a class "D" felony.
    Sec. 9.  Section 724.11, Code 2009, is amended to read as
 follows:
    724.11  Issuance of permit to carry weapons.
    1.  Applications for permits to carry weapons shall be made
 to the sheriff of the county in which the applicant resides.
 Applications from for professional permits to carry weapons
 for persons who are nonresidents of the state, or whose need
 to go armed arises out of employment by the state, shall be
 made to the commissioner of public safety.  In either case,
 the issuance of the permit shall be by and at the discretion
 of the sheriff or commissioner, who shall, before issuing the
 permit, shall determine that the requirements of sections
 724.6 to 724.10 have been satisfied. However, for renewal of
 a permit the training program requirements in section 724.9
 may be waived for renewal permits, subsection 1, shall apply
 or the renewal applicant may choose to qualify on a firing
 range under the supervision of an instructor certified by the
 national rifle association or the department of public safety
 or another state's department of public safety, state police
 department, or similar certifying body. Such training or
 qualification must occur within the twelve=month period prior
 to the expiration of the applicant's current permit.
    1A.  Neither the sheriff nor the commissioner shall
 require an applicant for a permit to carry weapons to provide
 information identifying a particular weapon in the application
 including the make, model, or serial number of the weapon or
 any ammunition used in that particular weapon.
    2.  The issuing officer shall collect a fee of ten fifty
 dollars, except from a duly appointed peace officer or
 correctional officer, for each permit issued.  Renewal
 permits or duplicate permits shall be issued for a fee of
 five twenty=five dollars, provided the application for such
 renewal permit is received by the issuing officer at least
 thirty days prior to the expiration of the applicant's current
 permit.  The issuing officer shall notify the commissioner
 of public safety of the issuance of any permit at least
 monthly and forward to the commissioner an amount equal to
 two ten dollars for each permit issued and one dollar five
 dollars for each renewal or duplicate permit issued.  All
 such fees received by the commissioner shall be paid to the
 treasurer of state and deposited in the operating account
 of the department of public safety to offset the cost of
 administering this chapter.  Any Notwithstanding section 8.33,
 any unspent balance as of June 30 of each year shall not revert
 to the general fund as provided by section 8.33 of the state.
    3.  The sheriff or commissioner of public safety shall
 approve or deny an initial or renewal application submitted
 under this section within thirty days of receipt of the
 application.  A person whose application for a permit under
 this chapter is denied may seek review of the denial under
 section 724.21A.  The failure to approve or deny an initial or
 renewal application shall result in a decision of approval.
    Sec. 10.  NEW SECTION.  724.11A  Recognition.
    A valid permit or license issued by another state to any
 nonresident of this state shall be considered to be a valid
 permit or license to carry weapons issued pursuant to this
 chapter, except that such permit or license shall not be
 considered to be a substitute for an annual permit to acquire
 pistols or revolvers issued pursuant to section 724.15.
    Sec. 11.  Section 724.13, Code 2009, is amended by striking
 the section and inserting in lieu thereof the following:
    724.13  Suspension or revocation of permit to carry weapons ==
 criminal history background check.
    An issuing officer who finds that a person issued a permit
 to carry weapons under this chapter has been arrested for a
 disqualifying offense or is the subject of proceedings that
 could lead to the person's ineligibility for such permit may
 immediately suspend such permit.  An issuing officer proceeding
 under this section shall immediately notify the permit holder
 of the suspension by personal service or certified mail on a
 form prescribed and published by the commissioner of public
 safety and the suspension shall become effective upon the
 permit holder's receipt of such notice.  If the suspension is
 based on an arrest or a proceeding that does not result in a
 disqualifying conviction or finding against the permit holder,
 the issuing officer shall immediately reinstate the permit upon
 receipt of proof of the matter's final disposition.  If the
 arrest leads to a disqualifying conviction or the proceedings
 to a disqualifying finding, the issuing officer shall revoke
 the permit.  The issuing officer may also revoke the permit of
 a person whom the issuing officer later finds was not qualified
 for such a permit at the time of issuance or who the officer
 finds provided materially false information on the permit
 application.  A person aggrieved by a suspension or revocation
 under this section make seek review of the decision pursuant
 to section 724.21A.
    The issuing officer may annually conduct a background check
 concerning a person issued a permit by obtaining criminal
 history data from the department of public safety.
    Sec. 12.  Section 724.15, Code 2009, is amended to read as
 follows:
    724.15  Annual permit to acquire pistols or revolvers.
    1.  Any person who acquires desires to acquire ownership of
 any pistol or revolver shall first obtain an annual permit.
 An annual permit shall not be issued upon request to any
 person resident of this state unless the person is subject to
 any of the following:
    a.  The person is Is less than twenty=one years of age or
 older.
    b.  The person has never been convicted of a felony.
    c.  The person is not addicted to the use of alcohol or a
 controlled substance.
    d.  The person has no history of repeated acts of violence.
    e.  The person has never been convicted of a crime defined in
 chapter 708, except "assault" as defined in section 708.1 and
 "harassment" as defined in section 708.7.
    f.  The person has never been adjudged mentally incompetent.
    b.  Is subject to the provisions of section 724.26.
    c.  Is prohibited by federal law from shipping, transporting,
 possessing, or receiving a firearm.
    2.  Any person who acquires ownership of a pistol or revolver
 shall not be required to obtain an annual permit if any of the
 following apply:
    a.  The person transferring the pistol or revolver and the
 person acquiring the pistol or revolver are licensed firearms
 dealers under federal law;.
    b.  The pistol or revolver acquired is an antique firearm, a
 collector's item, a device which is not designed or redesigned
 for use as a weapon, a device which is designed solely for use
 as a signaling, pyrotechnic, line=throwing, safety, or similar
 device, or a firearm which is unserviceable by reason of being
 unable to discharge a shot by means of an explosive and is
 incapable of being readily restored to a firing condition; or.
    c.  The person acquiring the pistol or revolver is authorized
 to do so on behalf of a law enforcement agency.
    d.  The person has obtained a valid permit to carry weapons,
 as provided in section 724.11.
    e.  The person transferring the pistol or revolver and the
 person acquiring the pistol or revolver are related to one
 another within the second degree of consanguinity or affinity
 unless the person transferring the pistol or revolver knows
 that the person acquiring the pistol or revolver would be
 ineligible to obtain disqualified from obtaining a permit.
    3.  The annual permit to acquire pistols or revolvers shall
 authorize the permit holder to acquire one or more pistols or
 revolvers during the period that the permit remains valid. If
 the issuing officer determines that the applicant has become
 disqualified under the provisions of subsection 1, the issuing
 officer may immediately invalidate revoke the permit and shall
 provide a written statement of the reasons for revocation, and
 the applicant shall have the right to appeal the revocation as
 provided in section 724.21A.
    4.  An issuing officer who finds that a person issued a
 permit to acquire pistols or revolvers under this chapter
 has been arrested for a disqualifying offense or who is
 the subject of proceedings that could lead to the person's
 ineligibility for such permit may immediately suspend such
 permit.  An issuing officer proceeding under this subsection
 shall immediately notify the permit holder of the suspension
 by personal service or certified mail on a form prescribed
 and published by the commissioner of public safety and the
 suspension shall become effective upon the permit holder's
 receipt of such notice.  If the suspension is based on an
 arrest or a proceeding that does not result in a disqualifying
 conviction or finding against the permit holder, the issuing
 officer shall immediately reinstate the permit upon receipt
 of proof of the matter's final disposition.  If the arrest
 leads to a disqualifying conviction or the proceedings to a
 disqualifying finding, the issuing officer shall revoke the
 permit.  The issuing officer may also revoke the permit of a
 person whom the issuing officer later finds was not qualified
 for such a permit at the time of issuance or who the officer
 finds provided materially false information on the permit
 application.  A person aggrieved by a suspension or revocation
 under this subsection may seek review of the decision, pursuant
 to section 724.21A.
    Sec. 13.  Section 724.17, Code 2009, is amended to read as
 follows:
    724.17  Application for annual permit to acquire == criminal
 history check required.
    The application for an annual permit to acquire pistols
 or revolvers may be made to the sheriff of the county of
 the applicant's residence and shall be on a form prescribed
 and published by the commissioner of public safety.  The
 application shall state require only the full name of the
 applicant, the driver's license or nonoperator's identification
 card number of the applicant, the residence of the applicant,
 and the age date and place of birth of the applicant.  The
 applicant shall also display an identification card that
 bears a distinguishing number assigned to the cardholder,
 the full name, date of birth, sex, residence address, and
 brief description and colored photograph of the cardholder, or
 other identification as specified by rule of the department
 of public safety. The sheriff shall conduct a criminal
 history check concerning each applicant by obtaining criminal
 history data from the department of public safety which shall
 include an inquiry of the national instant criminal background
 system maintained by the federal bureau of investigation or
 any successor agency.  A person who knowingly makes a false
 statement of material fact on the application commits a class
 "D" felony.  A person who makes what the person knows to be a
 false statement of material fact on an application submitted
 under this section or who submits what the person knows to be
 any materially falsified or forged documentation in connection
 with such an application commits a class "D" felony.
    Sec. 14.  NEW SECTION.  724.21A  Denial, suspension, or
 revocation of permit to carry weapons or permit to acquire
 pistols or revolvers.
    1.  In any case where the sheriff or the commissioner of
 public safety denies an application for or suspends or revokes
 a permit to carry weapons or an annual permit to acquire
 pistols or revolvers, the sheriff or commissioner shall provide
 a written statement of the reasons for the denial, suspension,
 or revocation and the applicant or permit holder shall have the
 right to appeal the denial, suspension, or revocation to an
 administrative law judge in the department of inspections and
 appeals within thirty days of receiving written notice of the
 denial, suspension, or revocation.
    2.  The applicant or permit holder may file an appeal with
 an administrative law judge by filing a copy of the denial,
 suspension, or revocation notice with a written statement that
 clearly states the applicant's reasons rebutting the denial,
 suspension, or revocation along with a fee of ten dollars.
 Additional supporting information relevant to the proceedings
 may also be included.
    3.  The administrative law judge shall, within forty=five
 days  of receipt of the request for an appeal, set a hearing
 date. The hearing may be  held by telephone or video conference
 at the discretion of the  administrative law judge. The
 administrative law judge shall  receive witness testimony and
 other evidence relevant to the  proceedings at the hearing.  The
 hearing shall be conducted pursuant to chapter 17A.
    4.  Upon conclusion of the hearing, the administrative law
 judge shall order that the denial, suspension, or revocation
 of the permit be either rescinded or sustained. An applicant,
 permit holder, or issuing officer aggrieved by the final
 judgment of the administrative law judge shall have the right
 to judicial review in accordance with the terms of the Iowa
 administrative procedure Act, chapter 17A.
    5.  The standard of review under this section shall be
 clear and convincing evidence that the issuing officer's
 written statement of the reasons for the denial, suspension, or
 revocation constituted probable cause to deny an application or
 to suspend or revoke a permit.
    6.  The department of inspections and appeals shall adopt
 rules pursuant to chapter 17A as necessary to carry out the
 provisions of this section.
    7.  In any case where the issuing officer denies an
 application for, or suspends or revokes a permit to carry
 weapons or an annual permit to acquire pistols or revolvers
 solely because of an adverse determination by the national
 instant criminal background check system, the applicant or
 permit holder shall not seek relief under this section but
 may pursue relief of the national instant criminal background
 check system determination pursuant to Pub. L. No. 103=159,
 sections 103(f) and (g) and 104 and 28 C.F.R. { 25.10, or other
 applicable law.  The outcome of such proceedings shall be
 binding on the issuing officer.
    Sec. 15.  Section 724.25, subsection 1, Code 2009, is amended
 to read as follows:
    1.  As used in sections 724.8, subsection 2, and section
 724.26, the word "felony" means any offense punishable in the
 jurisdiction where it occurred by imprisonment for a term
 exceeding one year, but does not include any offense, other
 than an offense involving a firearm or explosive, classified as
 a misdemeanor under the laws of the state and punishable by a
 term of imprisonment of two years or less.
    Sec. 16.  Section 724.27, Code 2009, is amended to read as
 follows:
    724.27  Offenders' rights restored.
    1.  The provisions of section 724.8, subsection 2, section
 724.15, subsection 1, paragraphs "b" and "e", and section
 724.26 shall not apply to a person who is eligible to have
 the person's civil rights regarding firearms restored under
 section 914.7 and who is pardoned or has had the person's civil
 rights restored by the President of the United States or the
 chief executive of a state and who is expressly authorized by
 the President of the United States or such chief executive
 to receive, transport, or possess firearms or destructive
 devices. if any of the following occur:
    a.  The person is pardoned by the President of the United
 States or the chief executive of a state for a disqualifying
 conviction.
    b.  The person's civil rights have been restored after a
 disqualifying conviction, commitment, or adjudication.
    c.  The person's conviction for a disqualifying offense has
 been expunged.
    2.  Subsection 1 shall not apply to a person whose pardon,
 restoration of civil rights, or expungement of conviction
 expressly forbids the person to receive, transport, or possess
 firearms or destructive devices.
    Sec. 17.  NEW SECTION.  724.31  Persons subject to mental and
 substance abuse health=related orders or commitments == firearms
  == restoration of rights == reports.
    1.  A court order referred to in subsection 2 shall include
 information informing the person who is the subject of the
 order not to ship, possess, receive, or transport or cause the
 transport of firearms or ammunition. The clerk of the district
 court shall forward only such information as is necessary to
 identify a person subject to an order in subsection 2 to the
 department of public safety, which in turn shall forward the
 information to the federal bureau of investigation or its
 successor agency for the sole purpose of inclusion in the
 national instant criminal background check system database.
    2.  A court order that does any of the following is subject
 to this section:
    a.  Orders commitment pursuant to section 125.84.
    b.  Orders commitment pursuant to section 222.31.
    c.  Orders commitment pursuant to section 229.14.
    d.  Finds a defendant incompetent to stand trial pursuant to
 section 812.5.
    3.  a.  A person who is the subject of a court order listed
 in subsection 2 and who has been released from commitment may
 petition the court that issued the order or the court in the
 county where the person resides no earlier than two years from
 the date of the issuance of the order for relief from the
 disabilities imposed by 18 U.S.C. section 922(d)(4) and (g)(4).
 A copy of the petition shall also be served on the director of
 human services and the county attorney at the county attorney's
 office of the county in which the original order occurred, and
 the director or the county attorney may appear, support, object
 to, and present evidence relevant to the relief sought by the
 petitioner.  A court considering a petition under this section
 shall receive evidence concerning all of the following:
    (1)  The circumstances surrounding the original issuance of
 the order in subsection 2.
    (2)  The petitioner's mental health and criminal history.
    (3)  The petitioner's reputation and character.
    (4)  Any changes in the petitioner's condition or
 circumstances since the issuance of the order in subsection 2
 that are relevant to the relief sought.
    b.  The court shall grant a petition filed pursuant to
 paragraph "a" if the court finds by a preponderance of the
 evidence that the petitioner will not be likely to act in a
 manner dangerous to the public safety and that the granting
 of the relief would not be contrary to the public interest.
 The petitioner may appeal a denial of the requested relief and
 the review shall be de novo.  A person may file a petition
 for relief under this subsection not more than once every two
 years.
    c.  If a court issues an order granting a petition for
 relief under paragraph "b", the clerk of the district court
 shall immediately forward only such information as is necessary
 to identify a person granted relief to the department of
 public safety which, upon receipt, shall immediately forward
 such information as is necessary to the federal bureau of
 investigation or its  successor agency to update the national
 instant criminal background check system database with the
 relief from disabilities.
    Sec. 18.  TRANSITION PROVISIONS.  A permit issued under
 chapter 724 prior to January 1, 2011, remains effective and
 continues in effect as issued for the twelve=month period
 following its issuance. This Act does not preclude the permit
 holder from seeking to renew the permit under this Act prior to
 the expiration of the twelve=month period.
    Sec. 19.  EFFECTIVE DATE.  This Act takes effect January 1,
 2011.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2379, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2010


                                                             
                               CHESTER J. CULVER
                               Governor

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