Senate File 427 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1263)

                                      A BILL FOR

  1 An Act relating to the making, transferring, and possession of
  2    firearms and suppressors, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2601SV (1) 86
    jm/rj

PAG LIN



  1  1    Section 1.  Section 724.1, subsection 1, paragraph h, Code
  1  2 2015, is amended by striking the paragraph.
  1  3    Sec. 2.  NEW SECTION.  724.1A  Firearm suppressors ====
  1  4 certification.
  1  5    1.  As used in this section, unless the context otherwise
  1  6 requires:
  1  7    a.  "Certification" means the participation and assent of
  1  8 the chief law enforcement officer of the jurisdiction where the
  1  9 applicant resides or maintains an address of record, that is
  1 10 necessary under federal law for the approval of an application
  1 11 to make or transfer a firearm suppressor.
  1 12    b.  "Chief law enforcement officer" means the county sheriff,
  1 13 chief of police, or the designee of such official, that the
  1 14 federal bureau of alcohol, tobacco, firearms and explosives,
  1 15 or any successor agency, has identified by regulation or has
  1 16 determined is otherwise eligible to provide any required
  1 17 certification for making or transferring a firearm suppressor.
  1 18    c.  "Firearm suppressor" means a mechanical device
  1 19 specifically constructed and designed so that when attached to
  1 20 a firearm silences, muffles, or suppresses the sound when fired
  1 21 that is considered a "firearm silencer" or "firearm muffler" as
  1 22 defined in 18 U.S.C. {921.
  1 23    2.  a.  A chief law enforcement officer is not required
  1 24 to make any certification under this section the chief law
  1 25 enforcement officer knows to be false, but the chief law
  1 26 enforcement officer shall not refuse, based on a generalized
  1 27 objection, to issue a certification to make or transfer a
  1 28 firearm suppressor.
  1 29    b.  When the certification of the chief law enforcement
  1 30 officer is required by federal law or regulation for making or
  1 31 transferring a firearm suppressor, the chief law enforcement
  1 32 officer shall, within thirty days of receipt of a request for
  1 33 certification, issue such certification if the applicant is
  1 34 not prohibited by law from making or transferring a firearm
  1 35 suppressor or is not the subject of a proceeding that could
  2  1 result in the applicant being prohibited by law from making
  2  2 or transferring the firearm suppressor.  If the chief law
  2  3 enforcement officer does not issue a certification as required
  2  4 by this section, the chief law enforcement officer shall
  2  5 provide the applicant with a written notification of the denial
  2  6 and the reason for the denial.
  2  7    3.  An applicant whose request for certification is denied
  2  8 may appeal the decision of the chief law enforcement officer
  2  9 to the district court for the county in which the applicant
  2 10 resides or maintains an address of record.  The court shall
  2 11 review the decision of the chief law enforcement officer to
  2 12 deny the certification de novo.  If the court finds that the
  2 13 applicant is not prohibited by law from making or transferring
  2 14 the firearm suppressor, or is not the subject of a proceeding
  2 15 that could result in such prohibition, or that no substantial
  2 16 evidence supports the decision of the chief law enforcement
  2 17 officer, the court shall order the chief law enforcement
  2 18 officer to issue the certification and award court costs and
  2 19 reasonable attorney fees to the applicant. If the court
  2 20 determines the applicant is not eligible to be issued a
  2 21 certification, the court shall award court costs and reasonable
  2 22 attorney fees to the political subdivision of the state
  2 23 representing the chief law enforcement officer.
  2 24    4.  In making a determination about whether to issue a
  2 25 certification under subsection 2, a chief law enforcement
  2 26 officer may conduct a criminal background check, but shall
  2 27 only require the applicant provide as much information as is
  2 28 necessary to identify the applicant for this purpose or to
  2 29 determine the disposition of an arrest or proceeding relevant
  2 30 to the eligibility of the applicant to lawfully possess or
  2 31 receive a firearm suppressor. A chief law enforcement officer
  2 32 shall not require access to or consent to inspect any private
  2 33 premises as a condition of providing a certification under this
  2 34 section.
  2 35    5.  A chief law enforcement officer and employees of the
  3  1 chief law enforcement officer who act in good faith are immune
  3  2 from liability arising from any act or omission in making a
  3  3 certification as required by this section.
  3  4    Sec. 3.  NEW SECTION.  724.1B  Firearm suppressors ==== penalty.
  3  5    1.  A person shall not possess a firearm suppressor in this
  3  6 state unless authorized by federal law.
  3  7    2.  A person who possesses a firearm suppressor in violation
  3  8 of subsection 1 commits a class "D" felony.
  3  9                           EXPLANATION
  3 10 The inclusion of this explanation does not constitute agreement with
  3 11 the explanation's substance by the members of the general assembly.
  3 12    This bill relates to the making, transferring, and
  3 13 possession of firearms and suppressors.
  3 14    Current Iowa law provides that a mechanical device
  3 15 specifically constructed and designed so that when attached to
  3 16 a firearm it silences, muffles, or suppresses the sound when
  3 17 fired is an offensive weapon.  Under Code section 724.3, any
  3 18 person who knowingly possesses an offensive weapon commits a
  3 19 class "D" felony, punishable by confinement for no more than
  3 20 five years and a fine of at least $750 but not more than $7,500.
  3 21    The bill strikes a provision in Code section 724.1(1)(h)
  3 22 that classifies a firearm suppressor as an offensive weapon.
  3 23 By striking this provision, a firearm suppressor is legal
  3 24 to possess in the state. This provision takes effect upon
  3 25 enactment.
  3 26    The bill also creates in new Code section 724.1A, a process
  3 27 whereby a person may apply to the chief law enforcement officer
  3 28 of the jurisdiction where the person resides or maintains an
  3 29 address of record for a certification to make or transfer a
  3 30 firearm suppressor.  The bill defines "firearm suppressor" to
  3 31 mean a mechanical device specifically constructed and designed
  3 32 so that when attached to a firearm silences, muffles, or
  3 33 suppresses the sound when fired that is considered a "firearm
  3 34 silencer" or "firearm muffler" as defined in 18 U.S.C. {921.
  3 35    The bill specifies that a chief law enforcement officer
  4  1 shall not refuse to provide certification, based on a
  4  2 generalized objection, to an applicant making or transferring
  4  3 a firearm suppressor.  If a person applies for certification
  4  4 to make or transfer a firearm suppressor with the chief
  4  5 law enforcement officer, the bill requires the chief law
  4  6 enforcement officer to issue the certification within 30
  4  7 days of receiving such an application unless the applicant
  4  8 is prohibited by law from making or transferring a firearm
  4  9 suppressor or the applicant is the subject of a proceeding that
  4 10 could result in the applicant being prohibited by law from
  4 11 making or transferring a firearm suppressor.  If the chief
  4 12 law enforcement officer does not issue a certification under
  4 13 the bill, the chief law enforcement officer shall provide the
  4 14 applicant a written notification of the denial and the reason
  4 15 for the denial.  If the certification has been approved by the
  4 16 chief law enforcement officer under the bill, the applicant
  4 17 has the authority to make or transfer a firearm suppressor as
  4 18 provided by state and federal law.
  4 19    If the applicant's request for certification is denied,
  4 20 the bill specifies that the applicant may appeal the decision
  4 21 to the district court for the county in which the applicant
  4 22 resides or maintains an address of record.  The bill specifies
  4 23 that the court shall review the decision of the chief law
  4 24 enforcement officer to deny the certification de novo.  If the
  4 25 court finds that the applicant is not prohibited by law from
  4 26 making or transferring a firearm suppressor, the bill requires
  4 27 the court to order the chief law enforcement officer to issue
  4 28 the certification and award court costs and reasonable attorney
  4 29 fees to the applicant. If the court determines the applicant
  4 30 is not eligible to be issued a certification, the bill requires
  4 31 the court to award court costs and reasonable attorney fees to
  4 32 the political subdivision of the state representing the chief
  4 33 law enforcement officer.
  4 34    In making a determination about whether to issue a
  4 35 certification under the bill, a chief law enforcement officer
  5  1 may conduct a criminal background check, but shall only require
  5  2 the applicant to provide as much information as is necessary
  5  3 to identify the applicant for this purpose or to determine
  5  4 the disposition of an arrest or proceeding relevant to the
  5  5 eligibility of the applicant to lawfully make or transfer a
  5  6 firearm suppressor. The bill prohibits a chief law enforcement
  5  7 officer from requiring access to any private premises as a
  5  8 condition of providing a certification under this Code section.
  5  9    A chief law enforcement officer and employees of the chief
  5 10 law enforcement officer who act in good faith are immune
  5 11 from liability arising from any act or omission in making a
  5 12 certification under the bill.
  5 13    The bill provides that a person shall not possess a firearm
  5 14 suppressor unless authorized by federal law.  A person who
  5 15 violates this provision commits a class "D" felony.
       LSB 2601SV (1) 86
       jm/rj