Senate File 145 - Introduced




                                 SENATE FILE       
                                 BY  CHAPMAN

                                      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 1183XS (4) 87
    jm/rj/rh

PAG LIN



  1  1    Section 1.  Section 724.11A, Code 2017, 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 2017, 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 2017, 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 2017, are repealed.
  3  3                           EXPLANATION
  3  4 The inclusion of this explanation does not constitute agreement with
  3  5 the explanation's substance by the members of the general assembly.
  3  6    This bill eliminates the requirement, pursuant to Code
  3  7 section 724.15, that a person who desires to acquire ownership
  3  8 of a pistol or revolver must apply for and be issued an
  3  9 annual permit to acquire a pistol or revolver unless certain
  3 10 exceptions apply.
  3 11    The bill repeals related Code sections relating to
  3 12 permit=to=acquire applications (Code sections 724.17 and
  3 13 724.18), issuance requirements and procedures (Code sections
  3 14 724.19, 724.20, and 724.21), and a related transfer of
  3 15 ownership and penalty provision (Code section 724.16).  The
  3 16 bill makes conforming changes to Code sections 724.11A
  3 17 (recognition of out=of=state permits), 724.21A (provisions
  3 18 relating to the denial, suspension, or revocation of permits to
  3 19 acquire), and 724.27 (restoration of citizenship rights to a
  3 20 person convicted of a felony).
  3 21    Current law provides that a person who acquires ownership of
  3 22 a pistol or revolver without a valid annual permit to acquire
  3 23 pistols or revolvers or a person who transfers ownership of
  3 24 a pistol or revolver to a person who does not have in the
  3 25 person's possession a valid annual permit to acquire pistols
  3 26 or revolvers is guilty of an aggravated misdemeanor, and a
  3 27 person who transfers ownership of a pistol or revolver to a
  3 28 person that the transferor knows is prohibited from acquiring
  3 29 ownership of a pistol or revolver commits a class "D" felony.
  3 30 In addition, current law provides that a person who gives a
  3 31 false name or presents false identification, or otherwise
  3 32 knowingly gives false material information to one from whom the
  3 33 person seeks to acquire a pistol or revolver commits a class
  3 34 "D" felony.
       LSB 1183XS (4) 87
       jm/rj/rh