House File 2181 - Introduced
HOUSE FILE
BY STAED, MASCHER,
KEARNS, OURTH,
T. TAYLOR, STECKMAN,
WINCKLER, LENSING,
GAINES, KURTH, HUNTER,
NIELSEN, MEYER, R.
SMITH, ABDUL=SAMAD,
OLSON, BENNETT, and
WESSEL=KROESCHELL
A BILL FOR
1 An Act relating to the sale or transfer of firearms, providing
2 penalties, and including applicability provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 1 Section 1. NEW SECTION. 724.32 Sale or transfer of firearms
1 2 ==== criminal history background check.
1 3 1. Unless otherwise authorized by this chapter or federal
1 4 law, a person shall not sell or transfer a firearm to another
1 5 person without receiving verification from a licensed firearms
1 6 dealer that information on the prospective purchaser or
1 7 transferee has been submitted to the department of public
1 8 safety for a criminal history background check and that a
1 9 determination has been received by the department of public
1 10 safety that the prospective purchaser or transferee is not
1 11 prohibited under either state or federal law from possessing a
1 12 firearm. A criminal history background check conducted under
1 13 this section shall include an inquiry of the national instant
1 14 criminal background check system maintained by the federal
1 15 bureau of investigation.
1 16 2. a. Except as provided in paragraph "b", a person who
1 17 sells or transfers a firearm in violation of this section is
1 18 guilty of an aggravated misdemeanor.
1 19 b. A person does not violate this section under any of the
1 20 following circumstances:
1 21 (1) A sale or transfer of a firearm to a firearm buyback
1 22 program sponsored by a law enforcement agency.
1 23 (2) A transfer of a firearm to another person during an
1 24 act of justified self=defense or justified defense of another
1 25 person, provided that the possession after the transfer
1 26 lasts no longer than is immediately necessary to resolve the
1 27 emergency.
1 28 3. A licensed firearms dealer may charge and collect fees
1 29 for obtaining criminal history record information checks on
1 30 behalf of sellers or transferors.
1 31 4. The department of public safety shall adopt rules
1 32 pursuant to chapter 17A as necessary to carry out the
1 33 provisions of this section.
1 34 5. For purposes of this section, "licensed firearms dealer"
1 35 means the same as defined in section 724.29A.
2 1 Sec. 2. APPLICABILITY. This Act applies to the sale or
2 2 transfer of firearms on or after July 1, 2018.
2 3 EXPLANATION
2 4 The inclusion of this explanation does not constitute agreement with
2 5 the explanation's substance by the members of the general assembly.
2 6 This bill relates to the sale or transfer of firearms,
2 7 provides penalties, and includes applicability provisions.
2 8 Unless a sale or transfer of a firearm without the
2 9 performance of a criminal history background check is otherwise
2 10 authorized by Code chapter 724 (weapons) or federal law,
2 11 the bill prohibits a person from selling or transferring a
2 12 firearm to another person without receiving verification from
2 13 a federally licensed firearms dealer that information on the
2 14 prospective purchaser or transferee has been submitted to the
2 15 department of public safety for a criminal history background
2 16 check and that a determination has been received by the
2 17 department of public safety that the prospective purchaser or
2 18 transferee is not prohibited under either state or federal law
2 19 from possessing a firearm. A criminal history background check
2 20 under the bill includes an inquiry of the national instant
2 21 criminal background check system maintained by the federal
2 22 bureau of investigation.
2 23 The bill provides that a person who sells or transfers a
2 24 firearm in violation of this Code section is guilty of an
2 25 aggravated misdemeanor, punishable by confinement for no more
2 26 than two years and a fine of at least $625 but not more than
2 27 $6,250.
2 28 The bill does not apply to the following: a sale or transfer
2 29 of a firearm to a firearm buyback program sponsored by a law
2 30 enforcement agency; or to a transfer to another person during
2 31 an act of justified self=defense or justified defense of
2 32 another person, provided that the possession after the transfer
2 33 lasts no longer than is immediately necessary to resolve the
2 34 emergency.
2 35 The bill provides that a federally licensed firearms dealer
3 1 may charge and collect fees for obtaining criminal history
3 2 record information checks on behalf of sellers and transferors
3 3 and the department of public safety shall adopt rules pursuant
3 4 to Code chapter 17A as necessary to carry out the provisions
3 5 of the bill.
3 6 The bill applies to the sale or transfer of firearms on or
3 7 after July 1, 2018.
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