Senate File 2106 - Introduced
SENATE FILE
BY BERTRAND, ZAUN,
CHAPMAN, FEENSTRA,
SEGEBART, SCHULTZ, C.
JOHNSON, BEHN, GREENE,
CHELGREN, GUTH, SMITH,
CARLIN, KRAAYENBRINK,
BREITBACH, BROWN,
EDLER, and ROZENBOOM
A BILL FOR
1 An Act relating to carrying and possessing weapons and
2 acquiring pistols and revolvers, including penalties and
3 applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 DIVISION I
1 2 CARRYING AND POSSESSING WEAPONS WITHOUT A PERMIT
1 3 Section 1. Section 232.52, subsection 2, paragraph a,
1 4 subparagraph (4), subparagraph division (a), subparagraph
1 5 subdivision (viii), Code 2018, is amended to read as follows:
1 6 (viii) Section 724.4 or 724.4B if the child used the knife
1 7 in the commission of a crime on school grounds.
1 8 Sec. 2. Section 724.2A, Code 2018, is amended to read as
1 9 follows:
1 10 724.2A Peace officer ==== defined ==== reserved peace officer
1 11 included.
1 12 As used in sections 724.4, 724.6, and 724.11, "peace officer"
1 13 includes a reserve peace officer as defined in section 80D.1A.
1 14 Sec. 3. Section 724.4, Code 2018, is amended by striking the
1 15 section and inserting in lieu thereof the following:
1 16 724.4 Use of knife in the commission of a crime.
1 17 A person who goes armed with a knife on or about the person,
1 18 if the person uses the knife in the commission of a crime,
1 19 commits an aggravated misdemeanor.
1 20 Sec. 4. Section 724.4B, subsection 2, Code 2018, is amended
1 21 to read as follows:
1 22 2. Subsection 1 does not apply to the following:
1 23 a. A person listed under section 724.4, subsection 4,
1 24 paragraphs "b" through "f" or "j".
1 25 b. a. A person who has been specifically authorized by
1 26 the school to go armed with, carry, or transport a firearm on
1 27 the school grounds, including for purposes of conducting an
1 28 instructional program regarding firearms.
1 29 c. b. A licensee under chapter 80A or an employee of
1 30 such a licensee, while the licensee or employee is engaged in
1 31 the performance of duties, and if the licensee or employee
1 32 possesses a valid professional or nonprofessional permit to
1 33 carry weapons issued pursuant to this chapter.
1 34 c. A member of the armed forces of the United States or
1 35 of the national guard or person in the service of the United
2 1 States, when the weapons are carried in connection with the
2 2 person's duties as such.
2 3 d. A correctional officer, when the officer's duties
2 4 require, serving under the authority of the Iowa department of
2 5 corrections.
2 6 e. A person who for any lawful purpose carries an unloaded
2 7 pistol, revolver, or other dangerous weapon inside a closed and
2 8 fastened container or securely wrapped package which is too
2 9 large to be concealed on the person.
2 10 f. A person who for any lawful purpose carries or transports
2 11 an unloaded pistol or revolver in a vehicle inside a closed
2 12 and fastened container or securely wrapped package which is
2 13 too large to be concealed on the person or inside a cargo
2 14 or luggage compartment where the pistol or revolver will not
2 15 be readily accessible to any person riding in the vehicle or
2 16 common carrier.
2 17 g. A law enforcement officer from another state when the
2 18 officer's duties require the officer to carry the weapon and
2 19 the officer is in this state for any of the following reasons:
2 20 (1) The extradition or other lawful removal of a prisoner
2 21 from this state.
2 22 (2) Pursuit of a suspect in compliance with chapter 806.
2 23 (3) Activities in the capacity of a law enforcement officer
2 24 with the knowledge and consent of the chief of police of the
2 25 city or the sheriff of the county in which the activities occur
2 26 or of the commissioner of public safety.
2 27 Sec. 5. Section 724.5, Code 2018, is amended by striking the
2 28 section and inserting in lieu thereof the following:
2 29 724.5 Availability of permit not to be construed as
2 30 prohibition on unlicensed carrying of weapons.
2 31 The availability of a professional or nonprofessional permit
2 32 to carry weapons under this chapter shall not be construed
2 33 to impose a general prohibition on the unlicensed carrying,
2 34 whether openly or concealed, of a deadly weapon, including a
2 35 loaded firearm.
3 1 DIVISION II
3 2 ACQUIRING PISTOLS AND REVOLVERS AND PROHIBITED TRANSFERS
3 3 Sec. 6. Section 29C.25, subsection 1, paragraph b, Code
3 4 2018, is amended to read as follows:
3 5 b. Suspend or revoke, except in accordance with section
3 6 724.13, a permit issued pursuant to section 724.6, or 724.7,
3 7 or 724.15.
3 8 Sec. 7. Section 724.11A, Code 2018, is amended to read as
3 9 follows:
3 10 724.11A Recognition.
3 11 A valid permit or license issued by another state to any
3 12 nonresident of this state shall be considered to be a valid
3 13 permit or license to carry weapons issued pursuant to this
3 14 chapter, except that such permit or license shall not be
3 15 considered to be a substitute for a permit to acquire pistols
3 16 or revolvers issued pursuant to section 724.15 deemed to
3 17 satisfy the requirements of section 724.15.
3 18 Sec. 8. Section 724.15, Code 2018, is amended by striking
3 19 the section and inserting in lieu thereof the following:
3 20 724.15 Acquiring pistols or revolvers.
3 21 1. It is the intent of this section to satisfy federal
3 22 requirements of 18 U.S.C. {922(t)(3) in order to acquire
3 23 pistols or revolvers. As of July 1, 2018, the state shall no
3 24 longer issue a permit to acquire. In order to acquire a pistol
3 25 or revolver from a federally licensed firearms dealer, a person
3 26 is required to have a valid permit to carry weapons issued
3 27 in accordance with this chapter or the person must complete
3 28 a satisfactory national instant criminal background check
3 29 pursuant to 18 U.S.C. {922(t).
3 30 2. A person shall not acquire a pistol or revolver who is
3 31 subject to any of the following:
3 32 a. Is under twenty=one years of age.
3 33 b. Is prohibited by section 724.26 or federal law from
3 34 possessing, shipping, transporting, or receiving a firearm.
3 35 c. Is prohibited by court order from possessing, shipping,
4 1 transporting, or receiving a firearm.
4 2 3. An issuing officer who finds that a person issued a
4 3 permit to acquire pistols or revolvers under this chapter
4 4 prior to July 1, 2018, has been arrested for a disqualifying
4 5 offense or who is the subject of proceedings that could lead
4 6 to the person's ineligibility for such permit, may immediately
4 7 suspend such permit. An issuing officer proceeding under
4 8 this subsection shall immediately notify the permit holder
4 9 of the suspension by personal service or certified mail on a
4 10 form prescribed and published by the commissioner of public
4 11 safety and the suspension shall become effective upon the
4 12 permit holder's receipt of such notice. If the suspension is
4 13 based on an arrest or a proceeding that does not result in a
4 14 disqualifying conviction or finding against the permit holder,
4 15 the issuing officer shall immediately reinstate the permit upon
4 16 receipt of proof of the matter's final disposition. If the
4 17 arrest leads to a disqualifying conviction or the proceedings
4 18 to a disqualifying finding, the issuing officer shall revoke
4 19 the permit. The issuing officer may also revoke the permit of
4 20 a person whom the issuing officer later finds was not qualified
4 21 for such a permit at the time of issuance or who the officer
4 22 finds provided materially false information on the permit
4 23 application. A person aggrieved by a suspension or revocation
4 24 under this subsection may seek review of the decision pursuant
4 25 to section 724.21A, Code 2018.
4 26 Sec. 9. Section 724.16, Code 2018, is amended to read as
4 27 follows:
4 28 724.16 Permit to acquire required == transfer prohibited
4 29 Pistols and revolvers == acquiring or transferring prohibitions.
4 30 1. Except as otherwise provided in section 724.15,
4 31 subsection 2, a A person who acquires ownership of a pistol or
4 32 revolver without a valid permit to acquire pistols or revolvers
4 33 or a person who transfers ownership of a pistol or revolver
4 34 to a person who does not have in the person's possession a
4 35 valid permit to acquire pistols or revolvers from a federally
5 1 licensed firearms dealer in violation of section 724.15 is
5 2 guilty of an aggravated misdemeanor.
5 3 2. A person who transfers ownership of a pistol or revolver
5 4 to a person that the transferor knows is prohibited by section
5 5 724.15 from acquiring ownership of a pistol or revolver commits
5 6 a class "D" felony.
5 7 Sec. 10. Section 724.21A, subsections 1, 7, and 8, Code
5 8 2018, are amended to read as follows:
5 9 1. In any case where the sheriff or the commissioner of
5 10 public safety denies an application for or suspends or revokes
5 11 a permit to carry weapons or a permit to acquire pistols
5 12 or revolvers, the sheriff or commissioner shall provide a
5 13 written statement of the reasons for the denial, suspension, or
5 14 revocation and the applicant or permit holder shall have the
5 15 right to appeal the denial, suspension, or revocation to an
5 16 administrative law judge in the department of inspections and
5 17 appeals within thirty days of receiving written notice of the
5 18 denial, suspension, or revocation.
5 19 7. In any case where the issuing officer denies an
5 20 application for, or suspends or revokes a permit to carry
5 21 weapons or a permit to acquire pistols or revolvers solely
5 22 because of an adverse determination by the national instant
5 23 criminal background check system, the applicant or permit
5 24 holder shall not seek relief under this section but may pursue
5 25 relief of the national instant criminal background check system
5 26 determination pursuant to Pub. L. No. 103=159, sections 103(f)
5 27 and (g) and 104 and 28 C.F.R. {25.10, or other applicable law.
5 28 The outcome of such proceedings shall be binding on the issuing
5 29 officer.
5 30 8. If an applicant or permit holder appeals the decision
5 31 by the sheriff or commissioner to deny an application for or
5 32 suspend or revoke a permit to carry weapons or a permit to
5 33 acquire pistols or revolvers, and it is later determined on
5 34 appeal the applicant or permit holder is eligible to be issued
5 35 or possess a permit to carry weapons or a permit to acquire
6 1 pistols or revolvers, the applicant or permit holder shall
6 2 be awarded court costs and reasonable attorney fees. If the
6 3 decision of the sheriff or commissioner to deny an application
6 4 for or suspend or revoke a permit to carry weapons or a permit
6 5 to acquire pistols or revolvers is upheld on appeal, or the
6 6 applicant or permit holder withdraws or dismisses the appeal,
6 7 the political subdivision of the state representing the sheriff
6 8 or the state department representing the commissioner shall be
6 9 awarded court costs and reasonable attorney fees.
6 10 Sec. 11. Section 724.27, subsection 1, unnumbered paragraph
6 11 1, Code 2018, is amended to read as follows:
6 12 The provisions of section 724.8, section 724.15, subsection
6 13 1 2, and section 724.26 shall not apply to a person who is
6 14 eligible to have the person's civil rights regarding firearms
6 15 restored under section 914.7 if any of the following occur:
6 16 Sec. 12. REPEAL. Sections 724.17, 724.18, 724.19, and
6 17 724.20, Code 2018, are repealed.
6 18 Sec. 13. APPLICABILITY OF PERMIT TO ACQUIRE ISSUED PRIOR
6 19 TO EFFECTIVE DATE. A permit to acquire issued under the
6 20 provisions of chapter 724, Code 2018, prior to July 1, 2018,
6 21 shall be considered a valid permit to acquire as long as the
6 22 permit has not expired unless the person becomes ineligible to
6 23 acquire a pistol or revolver.
6 24 EXPLANATION
6 25 The inclusion of this explanation does not constitute agreement with
6 26 the explanation's substance by the members of the general assembly.
6 27 This bill relates to carrying and possessing weapons and
6 28 acquiring pistols and revolvers.
6 29 DIVISION I ==== CARRYING AND POSSESSING WEAPONS WITHOUT A
6 30 PERMIT. The bill strikes Code section 724.4 relating to the
6 31 crime of carrying dangerous weapons, an aggravated misdemeanor,
6 32 without a valid permit or in other enumerated circumstances.
6 33 Instead, the bill section creates a new crime of going armed
6 34 with a knife in the commission of a crime, an aggravated
6 35 misdemeanor. The bill makes a conforming change to Code
7 1 section 232.52, subsection 2, relating to the suspension or
7 2 revocation of a juvenile's driver's license or operating
7 3 privilege. The bill also makes conforming changes to Code
7 4 section 724.4B, relating to the carrying of weapons on school
7 5 grounds, by specifically identifying certain categories of
7 6 persons who are authorized to carry weapons on school grounds
7 7 that were previously identified by reference to Code section
7 8 724.4, paragraphs "b" through "f" or "j".
7 9 The bill strikes Code section 724.5 relating to a person's
7 10 duty to carry a valid permit to carry certain weapons for
7 11 which a permit has been issued to the person and replaces that
7 12 Code section with a provision stating that the availability
7 13 of a professional or nonprofessional permit to carry weapons
7 14 shall not be construed to impose a general prohibition on the
7 15 unlicensed carrying of a deadly weapon including a loaded
7 16 firearm.
7 17 DIVISION II == ACQUIRING PISTOLS AND REVOLVERS AND
7 18 PROHIBITED TRANSFERS. Current law provides that any person who
7 19 intends to purchase a pistol or revolver is required to first
7 20 obtain an annual permit to acquire pistols or revolvers unless
7 21 the person is otherwise exempt from obtaining such a permit.
7 22 It is the intent of the bill to satisfy federal requirements of
7 23 18 U.S.C. {922(t)(3) in order to acquire a pistol or revolver.
7 24 The bill provides that as of July 1, 2018, the state shall no
7 25 longer issue a permit to acquire. In order to acquire a pistol
7 26 or revolver from a federally licensed firearms dealer, a person
7 27 is required to have a valid permit to carry weapons issued in
7 28 accordance with Code chapter 724 or the person must complete
7 29 a satisfactory national instant criminal background check
7 30 pursuant to 18 U.S.C. {922(t). The bill provides that a valid
7 31 permit to carry weapons or license issued by another state to
7 32 any nonresident of this state does not satisfy the requirements
7 33 to acquire a pistol or revolver in this state.
7 34 The bill also makes a conforming change to Code section
7 35 29C.25 due to the elimination of the permit to acquire.
8 1 Under the bill, a person is not eligible to acquire a pistol
8 2 or revolver if the person is less than 21 years of age, is
8 3 prohibited by Code section 724.26 (felon in possession of a
8 4 firearm), federal law, or is prohibited by a court order from
8 5 possessing, shipping, transporting, or receiving a firearm.
8 6 The bill provides a permit to acquire a pistol or revolver
8 7 issued under Code chapter 724 (2018) prior to July 1, 2018,
8 8 shall be considered a valid permit to acquire as long as the
8 9 permit has not expired unless the person becomes ineligible to
8 10 acquire a pistol or revolver.
8 11 The bill, in Code section 724.15, provides that a permit to
8 12 acquire firearms issued prior to July 1, 2018, may be suspended
8 13 or revoked by the issuing officer and the aggrieved permit
8 14 holder may file an appeal with an administrative law judge
8 15 under Code section 724.21A as written in the 2018 Code.
8 16 By striking the requirement to obtain a permit to acquire a
8 17 pistol or revolver, and moving certain requirements to acquire
8 18 a pistol or revolver into Code section 724.15 as amended in the
8 19 bill, the bill repeals Code sections 724.17 (application for
8 20 permit to acquire ==== criminal history check), 724.18 (procedure
8 21 for making application for permit to acquire), 724.19 (issuance
8 22 of annual permit to acquire), and 724.20 (validity of permit to
8 23 acquire pistols or revolvers).
8 24 The bill amends Code section 724.16 by providing that a
8 25 person who acquires ownership of a pistol or revolver from a
8 26 federally licensed firearms dealer in violation of Code section
8 27 724.15 is guilty of an aggravated misdemeanor. Currently, a
8 28 person who acquires ownership of a pistol or revolver without
8 29 a valid permit to acquire pistols or revolvers or a person
8 30 who transfers ownership of a pistol or revolver to a person
8 31 who does not have in the person's possession a valid permit
8 32 to acquire pistols or revolvers is guilty of an aggravated
8 33 misdemeanor, except as otherwise provided in Code section
8 34 724.15(2).
8 35 The bill makes a conforming change to Code section 724.27
9 1 relating to the restoration of firearms rights.
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