House Study Bill 280 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN) A BILL FOR An Act relating to weapons, including eligibility-to-carry 1 requirements and terms used, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2935YC (2) 91 sb/js
H.F. _____ Section 1. Section 724.8, subsections 2, 3, and 5, Code 1 2025, are amended by striking the subsections. 2 Sec. 2. Section 724.8B, Code 2025, is amended to read as 3 follows: 4 724.8B Persons ineligible to carry dangerous weapons 5 firearms . 6 A person determined to be ineligible to receive a permit 7 to carry weapons firearms under section 724.8, subsection 2, 8 3, 4 , 5, or 6 , a person who illegally possesses a controlled 9 substance included in chapter 124, subchapter II , or a person 10 who is committing an indictable offense is prohibited from 11 carrying dangerous weapons firearms . Unless otherwise provided 12 by law, a person who violates this section commits a serious 13 misdemeanor. 14 Sec. 3. Section 724.15, subsection 2, paragraph d, Code 15 2025, is amended by striking the paragraph. 16 Sec. 4. Section 724.15, subsection 3, Code 2025, is amended 17 to read as follows: 18 3. An issuing officer who finds that a person issued a 19 permit to acquire pistols or revolvers firearms under this 20 chapter has been arrested for a disqualifying offense or is 21 the subject of proceedings that could lead to the person’s 22 ineligibility for such permit may immediately suspend such 23 permit. An issuing officer proceeding under this subsection 24 shall immediately notify the permit holder of the suspension 25 by personal service or certified mail on a form prescribed 26 and published by the commissioner of public safety and the 27 suspension shall become effective upon the permit holder’s 28 receipt of such notice. If the suspension is based on an 29 arrest or a proceeding that does not result in a disqualifying 30 conviction or finding against the permit holder, the issuing 31 officer shall immediately reinstate the permit upon receipt 32 of proof of the matter’s final disposition. If the arrest 33 leads to a disqualifying conviction or the proceedings to a 34 disqualifying finding, the issuing officer shall revoke the 35 -1- LSB 2935YC (2) 91 sb/js 1/ 7
H.F. _____ permit. The issuing officer may also revoke the permit of a 1 person whom the issuing officer later finds was not qualified 2 for such a permit at the time of issuance or whom the officer 3 finds provided materially false information on the permit 4 application. A person aggrieved by a suspension or revocation 5 under this subsection may seek review of the decision pursuant 6 to section 724.21A . 7 Sec. 5. Section 724.16, subsections 1 and 2, Code 2025, are 8 amended to read as follows: 9 1. A person shall not transfer a firearm to another person 10 if the person knows or reasonably should know that the other 11 person is ineligible to possess dangerous weapons carry 12 firearms pursuant to section 724.8B , is intoxicated as provided 13 under the conditions set out in section 321J.2, subsection 1 , 14 or is prohibited from receiving or possessing a firearm under 15 section 724.26 or federal law. 16 2. A person shall not loan or rent a firearm to another 17 person for temporary use during lawful activities if the 18 person knows or reasonably should know that the other person 19 is ineligible to possess dangerous weapons carry firearms 20 pursuant to section 724.8B , is intoxicated as provided under 21 the conditions set out in section 321J.2, subsection 1 , or is 22 prohibited from receiving or possessing a firearm under section 23 724.26 or federal law. 24 Sec. 6. Section 724.17, subsection 1, Code 2025, is amended 25 to read as follows: 26 1. The application for a permit to acquire pistols or 27 revolvers firearms may be made to the sheriff of the county of 28 the applicant’s residence and shall be on a form prescribed 29 and published by the commissioner of public safety. The 30 application shall require only the full name of the applicant, 31 the driver’s license or nonoperator’s identification card 32 number of the applicant, the residence of the applicant, the 33 date and place of birth of the applicant, and whether the 34 applicant meets the criteria specified in section 724.15 . 35 -2- LSB 2935YC (2) 91 sb/js 2/ 7
H.F. _____ The applicant shall also display an identification card that 1 bears a distinguishing number assigned to the cardholder, the 2 full name, date of birth, sex, residence address, and brief 3 description and color photograph of the cardholder, or other 4 identification as specified by rule of the department of public 5 safety. The sheriff shall conduct a criminal history check 6 concerning each applicant by obtaining criminal history data 7 from the department of public safety which shall include an 8 inquiry of the national instant criminal background check 9 system maintained by the federal bureau of investigation or any 10 successor agency. A person who makes what the person knows 11 to be a false statement of material fact on an application 12 submitted under this section or who submits what the person 13 knows to be any materially falsified or forged documentation in 14 connection with such an application commits a class “D” felony. 15 Sec. 7. Section 724.18, Code 2025, is amended to read as 16 follows: 17 724.18 Procedure for making application for permit to 18 acquire. 19 A person may personally request the sheriff to mail an 20 application for a permit to acquire pistols or revolvers 21 firearms , and the sheriff shall immediately forward to such 22 person an application for a permit to acquire pistols or 23 revolvers firearms . A person shall upon completion of the 24 application personally deliver such application to the sheriff 25 who shall note the period of validity on the application and 26 shall immediately issue the permit to acquire pistols or 27 revolvers firearms to the applicant. For the purposes of this 28 section the date of application shall be the date on which the 29 sheriff received the completed application. 30 Sec. 8. Section 724.19, Code 2025, is amended to read as 31 follows: 32 724.19 Issuance of permit to acquire. 33 The permit to acquire pistols or revolvers firearms shall 34 be issued to the applicant immediately upon completion of 35 -3- LSB 2935YC (2) 91 sb/js 3/ 7
H.F. _____ the application unless the applicant is disqualified under 1 the provisions of section 724.15 . The issuing officer shall 2 notify the commissioner of public safety of the issuance of 3 any permit at least monthly and forward to the commissioner an 4 amount equal to five dollars for each permit issued. Except 5 as provided in subsection 2, the permit shall have a uniform 6 appearance, size, and content prescribed and published by the 7 commissioner of public safety. The permit shall contain the 8 name of the permittee and the effective date of the permit, 9 but shall not contain the permittee’s social security number. 10 Such a permit shall not be issued for a particular pistol 11 or revolver firearm and shall not contain information about 12 a particular pistol or revolver firearm including the make, 13 model, or serial number of the pistol or revolver firearm , or 14 any ammunition used in that pistol or revolver firearm . 15 Sec. 9. Section 724.20, Code 2025, is amended to read as 16 follows: 17 724.20 Validity of permit to acquire pistols or revolvers 18 firearms . 19 The permit to acquire firearms shall be valid throughout 20 the state and shall be valid three days after the date of 21 application and shall be invalid five years after the date of 22 issuance. 23 Sec. 10. Section 724.21A, subsections 1, 7, and 8, Code 24 2025, are amended to read as follows: 25 1. In any case where when the sheriff or the commissioner of 26 public safety denies an application for or suspends or revokes 27 a permit to carry weapons or a permit to acquire pistols or 28 revolvers firearms , the sheriff or commissioner shall provide a 29 written statement of the reasons for the denial, suspension, 30 or revocation and the applicant or permit holder shall have 31 the right to appeal the denial, suspension, or revocation to 32 an administrative law judge in the department of inspections, 33 appeals, and licensing within thirty days of receiving written 34 notice of the denial, suspension, or revocation. 35 -4- LSB 2935YC (2) 91 sb/js 4/ 7
H.F. _____ 7. In any case where the issuing officer denies an 1 application for, or suspends or revokes a permit to carry 2 weapons or a permit to acquire pistols or revolvers firearms 3 solely because of an adverse determination by the national 4 instant criminal background check system, the applicant or 5 permit holder shall not seek relief under this section but 6 may pursue relief of the national instant criminal background 7 check system determination pursuant to Pub. L. No. 103-159, 8 sections 103(f) and (g) and 104 and 28 C.F.R. §25.10 , or other 9 applicable law. The outcome of such proceedings shall be 10 binding on the issuing officer. 11 8. If an applicant or permit holder appeals the decision 12 by the sheriff or commissioner to deny an application for 13 or suspend or revoke a permit to carry weapons or a permit 14 to acquire pistols or revolvers firearms , and it is later 15 determined on appeal the applicant or permit holder is eligible 16 to be issued or possess a permit to carry weapons or a permit to 17 acquire pistols or revolvers firearms , the applicant or permit 18 holder shall be awarded court costs and reasonable attorney 19 fees. If the decision of the sheriff or commissioner to deny 20 an application for or suspend or revoke a permit to carry 21 weapons or a permit to acquire pistols or revolvers firearms is 22 upheld on appeal, or the applicant or permit holder withdraws 23 or dismisses the appeal, the political subdivision of the state 24 representing the sheriff or the state department representing 25 the commissioner shall be awarded court costs and reasonable 26 attorney fees. 27 Sec. 11. Section 724.23, subsection 2, paragraphs a and b, 28 Code 2025, are amended to read as follows: 29 a. Notwithstanding any other law or rule to the contrary, 30 the commissioner of public safety and any issuing officer 31 shall keep confidential personally identifiable information of 32 holders of professional or nonprofessional permits to carry 33 weapons and permits to acquire pistols or revolvers firearms , 34 including but not limited to the name, social security number, 35 -5- LSB 2935YC (2) 91 sb/js 5/ 7
H.F. _____ date of birth, residential or business address, and driver’s 1 license or other identification number of the applicant or 2 permit holder. 3 b. This subsection shall not prohibit the release 4 of statistical information relating to the issuance, 5 denial, revocation, or administration of professional or 6 nonprofessional permits to carry weapons and permits to acquire 7 pistols or revolvers firearms , provided that the release of 8 such information does not reveal the identity of any individual 9 permit holder. 10 Sec. 12. REPEAL. Section 724.31A, Code 2025, is repealed. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to weapons, including eligibility-to-carry 15 requirements and terms used. 16 Under current law, a person is ineligible to receive a permit 17 to carry weapons and to carry dangerous weapons if the person 18 is addicted to the use of alcohol; if probable cause exists to 19 believe, based upon documented specific actions of the person, 20 when at least one of the actions occurred within two years 21 immediately preceding the date of the permit application, that 22 the person is likely to use a weapon unlawfully or in such 23 other manner as would endanger the person’s self or others; or 24 if the person has been convicted within the last three years of 25 a serious or aggravated misdemeanor not involving firearms or 26 explosives. The bill removes these ineligibility conditions. 27 Under current law, a person is prohibited from acquiring a 28 pistol or revolver if the person is ineligible to possess a 29 dangerous weapon pursuant to Code section 724.8B. The bill 30 removes this prohibition. The bill also removes identification 31 and notification requirements for the clerk of court and 32 department of public safety for persons prohibited from 33 acquiring a pistol or revolver to conform to changes pursuant 34 to the bill. 35 -6- LSB 2935YC (2) 91 sb/js 6/ 7
H.F. _____ Under current law, a person shall not transfer, loan, or 1 rent a firearm to another if that person knows the other person 2 is ineligible to possess dangerous weapons pursuant to Code 3 section 724.8B. The bill changes the word “possess” to “carry” 4 and instances of “dangerous weapons” to “firearms”. The bill 5 also changes references of “permit to acquire pistols or 6 revolvers” in Code chapter 724 to “permit to acquire firearms”. 7 The bill requires the issuing officer to notify the 8 commissioner of the issuance of any permit to acquire firearms 9 at least monthly and forward to the commissioner $5 for each 10 permit issued to acquire firearms. 11 -7- LSB 2935YC (2) 91 sb/js 7/ 7