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