House File 2279 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2043)
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A BILL FOR
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House File 2279
AN ACT
RELATING TO POSSESSING AND TRANSFERRING FIREARM SUPPRESSORS,
PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 724.1, subsection 1, paragraph h, Code
2016, is amended by striking the paragraph.
Sec. 2. NEW SECTION. 724.1A Firearm suppressors ====
certification.
1. As used in this section, unless the context otherwise
requires:
a. "Certification" means the participation and assent of
the chief law enforcement officer of the jurisdiction where the
applicant resides or maintains an address of record, that is
necessary under federal law for the approval of an application
to make or transfer a firearm suppressor.
b. "Chief law enforcement officer" means the county sheriff,
chief of police, or the designee of such official, that the
federal bureau of alcohol, tobacco, firearms and explosives,
or any successor agency, has identified by regulation or has
determined is otherwise eligible to provide any required
certification for making or transferring a firearm suppressor.
c. "Firearm suppressor" means a mechanical device
specifically constructed and designed so that when attached to
a firearm it silences, muffles, or suppresses the sound when
fired and that is considered a "firearm silencer" or "firearm
muffler" as defined in 18 U.S.C. {921.
2. a. A chief law enforcement officer is not required
to make any certification under this section the chief law
enforcement officer knows to be false, but the chief law
enforcement officer shall not refuse, based on a generalized
objection, to issue a certification to make or transfer a
firearm suppressor.
b. When the certification of the chief law enforcement
officer is required by federal law or regulation for making or
transferring a firearm suppressor, the chief law enforcement
officer shall, within thirty days of receipt of a request for
certification, issue such certification if the applicant is
not prohibited by law from making or transferring a firearm
suppressor or is not the subject of a proceeding that could
result in the applicant being prohibited by law from making
or transferring the firearm suppressor. If the chief law
enforcement officer does not issue a certification as required
by this section, the chief law enforcement officer shall
provide the applicant with a written notification of the denial
and the reason for the denial.
c. A certification that has been approved under this section
grants the person the authority to make or transfer a firearm
suppressor as provided by state and federal law.
3. An applicant whose request for certification is denied
may appeal the decision of the chief law enforcement officer
to the district court for the county in which the applicant
resides or maintains an address of record. The court shall
review the decision of the chief law enforcement officer to
deny the certification de novo. If the court finds that the
applicant is not prohibited by law from making or transferring
the firearm suppressor, and is not the subject of a proceeding
that could result in such prohibition, or that no substantial
evidence supports the decision of the chief law enforcement
officer, the court shall order the chief law enforcement
officer to issue the certification and award court costs and
reasonable attorney fees to the applicant. If the court
determines the applicant is not eligible to be issued a
certification, the court shall award court costs and reasonable
attorney fees to the political subdivision of the state
representing the chief law enforcement officer.
4. In making a determination about whether to issue a
certification under subsection 2, a chief law enforcement
officer may conduct a criminal background check, including
an inquiry of the national instant criminal background check
system maintained by the federal bureau of investigation or
any successor agency, but shall only require the applicant to
provide as much information as is necessary to identify the
applicant for this purpose or to determine the disposition of
an arrest or proceeding relevant to the eligibility of the
applicant to lawfully possess or receive a firearm suppressor.
A chief law enforcement officer shall not require access to
or consent to inspect any private premises as a condition of
providing a certification under this section.
5. A chief law enforcement officer and employees of the
chief law enforcement officer who act in good faith are immune
from liability arising from any act or omission in making a
certification as required by this section.
Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty.
1. A person shall not knowingly possess a firearm suppressor
in this state in violation of federal law.
2. A person who possesses a firearm suppressor in violation
of subsection 1 commits a class "D" felony.
Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2279, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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