Bill Text: IA HF2115 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the carrying of dangerous weapons and providing a penalty and a fee.
Spectrum: Partisan Bill (Republican 23-0)
Status: (Introduced - Dead) 2012-01-31 - Subcommittee, Windschitl, Baudler, and Wolfe. H.J. 170. [HF2115 Detail]
Download: Iowa-2011-HF2115-Introduced.html
House
File
2115
-
Introduced
HOUSE
FILE
2115
BY
WINDSCHITL
,
BRANDENBURG
,
DEYOE
,
J.
TAYLOR
,
VANDER
LINDEN
,
HELLAND
,
CHAMBERS
,
ALONS
,
FRY
,
WAGNER
,
KAUFMANN
,
WATTS
,
SWEENEY
,
RASMUSSEN
,
HUSEMAN
,
HAGENOW
,
DE
BOEF
,
ROGERS
,
SODERBERG
,
MASSIE
,
GRASSLEY
,
PEARSON
,
and
PETTENGILL
A
BILL
FOR
An
Act
relating
to
the
carrying
of
dangerous
weapons
and
1
providing
a
penalty
and
a
fee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2115
Section
1.
Section
724.7,
Code
Supplement
2011,
is
amended
1
to
read
as
follows:
2
724.7
Nonprofessional
permit
to
carry
weapons.
3
1.
Any
person
who
is
not
disqualified
under
section
724.8
,
4
who
satisfies
the
training
requirements
of
section
724.9
,
and
5
who
files
an
application
in
accordance
with
section
724.10
6
shall
be
issued
a
nonprofessional
permit
to
carry
weapons.
7
Such
permits
shall
be
on
a
form
have
a
uniform
appearance,
8
size,
and
content
prescribed
and
published
by
the
commissioner
9
of
public
safety,
which
shall
be
readily
distinguishable
from
10
the
professional
permit,
and
shall
identify
the
holder
of
11
the
permit
,
but
shall
not
contain
the
permit
holder’s
social
12
security
number
.
The
permit
may
be
laminated
by
the
issuing
13
officer
or
permit
holder.
Such
permits
shall
not
be
issued
for
14
a
particular
weapon
and
shall
not
contain
information
about
a
15
particular
weapon
including
the
make,
model,
or
serial
number
16
of
the
weapon
or
any
ammunition
used
in
that
weapon.
All
17
permits
so
issued
shall
be
for
a
period
of
five
years
and
shall
18
be
valid
throughout
the
state
except
where
the
possession
or
19
carrying
of
a
firearm
is
prohibited
by
state
or
federal
law
20
except
as
provided
in
subsection
2
.
21
2.
The
commissioner
of
public
safety
shall
develop
a
process
22
to
allow
service
members
deployed
for
military
service
to
23
submit
a
renewal
of
a
nonprofessional
permit
to
carry
weapons
24
early
and
by
mail.
In
addition,
a
permit
issued
to
a
service
25
member
who
is
deployed
for
military
service,
as
defined
in
26
section
29A.1,
subsection
3
,
11
,
or
12
,
that
would
otherwise
27
expire
during
the
period
of
deployment
shall
remain
valid
for
28
ninety
days
after
the
end
of
the
service
member’s
deployment.
29
3.
Notwithstanding
section
321G.13,
subsection
2,
section
30
321I.14,
subsection
2,
sections
461A.42
and
481A.7,
section
31
481A.93,
subsection
1,
any
rules
adopted
pursuant
to
chapter
32
173
or
481A,
or
any
ordinance,
motion,
or
resolution
passed
by
33
a
political
subdivision
of
this
state,
a
permit
issued
under
34
this
section
or
recognized
under
section
724.11A
shall
be
valid
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throughout
the
state.
This
subsection
shall
not
be
construed
1
to
authorize
the
carrying
of
a
weapon
where
prohibited
by
2
federal
law
or
to
authorize
the
taking
of
a
game
animal
or
the
3
discharge
of
a
weapon
in
violation
of
any
law
of
this
state,
4
except
where
justified
in
accordance
with
the
provisions
of
5
chapter
704.
6
Sec.
2.
Section
724.8,
Code
2011,
is
amended
by
striking
the
7
section
and
inserting
in
lieu
thereof
the
following:
8
724.8
Persons
ineligible
for
permit
to
carry
weapons.
9
A
professional
or
nonprofessional
permit
to
carry
weapons
10
shall
not
be
issued
to
a
person
who
is
subject
to
any
of
the
11
following:
12
1.
Is
less
than
eighteen
years
of
age
for
a
professional
13
permit
or
less
than
twenty-one
years
of
age
for
a
14
nonprofessional
permit.
15
2.
Is
prohibited
by
section
724.26
or
federal
law
from
16
possessing,
shipping,
transporting,
or
receiving
a
firearm.
17
3.
Is
prohibited
by
court
order
from
possessing,
shipping,
18
transporting,
or
receiving
a
firearm.
19
Sec.
3.
Section
724.9,
subsection
1,
Code
2011,
is
amended
20
by
adding
the
following
new
paragraphs:
21
NEW
PARAGRAPH
.
f.
Holding
or
having
previously
held
a
22
license
or
permit
to
carry
a
firearm
in
any
state
or
a
locality
23
thereof,
unless
such
license
or
permit
has
been
suspended
or
24
revoked
for
cause.
25
NEW
PARAGRAPH
.
g.
Completion
of
a
hunter
education
or
26
hunter
safety
course
approved
by
the
department
of
natural
27
resources
or
a
similar
agency
of
another
state.
28
NEW
PARAGRAPH
.
h.
Completion
of
any
firearms
training
or
29
safety
course
or
class,
including
an
electronic,
video,
or
30
internet
course,
conducted
by
a
state
certified
or
national
31
rifle
association
certified
firearms
instructor.
32
Sec.
4.
Section
724.9,
subsection
2,
Code
2011,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
d.
A
currently
valid
or
expired
license
or
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permit
to
carry
a
firearm,
issued
by
any
state
or
a
locality
1
thereof,
except
one
that
has
been
suspended
or
revoked
for
2
cause.
3
Sec.
5.
Section
724.10,
subsections
1
and
2,
Code
2011,
are
4
amended
to
read
as
follows:
5
1.
A
person
shall
not
be
issued
a
permit
to
carry
weapons
6
unless
the
person
has
completed
and
signed
an
application
on
7
a
form
to
be
prescribed
and
published
by
the
commissioner
of
8
public
safety.
9
a.
The
If
an
applicant
is
a
United
States
citizen,
the
10
application
shall
require
only
the
full
name,
driver’s
license
11
or
nonoperator’s
identification
card
number,
residence,
place
12
of
birth,
and
date
of
birth
of
the
applicant
,
.
13
b.
If
the
applicant
is
not
a
United
States
citizen,
the
14
application
shall,
in
addition
to
the
information
specified
in
15
paragraph
“a”
,
require
the
applicant’s
country
of
citizenship,
16
any
alien
or
admission
number
issued
by
the
United
States
17
immigration
and
customs
enforcement,
and,
if
applicable,
the
18
basis
for
any
exception
claimed
pursuant
to
18
U.S.C.
§
922(y).
19
c.
and
shall
state
An
applicant
shall
be
required
to
state
20
whether
the
applicant
meets
the
criteria
specified
in
sections
21
724.8
and
724.9
.
An
applicant
may
provide
the
applicant’s
22
social
security
number
if
the
applicant
so
chooses.
The
23
applicant
shall
also
display
an
identification
card
that
bears
24
a
distinguishing
number
assigned
to
the
cardholder,
the
full
25
name,
date
of
birth,
sex,
residence
address,
and
a
brief
26
description
and
colored
photograph
of
the
cardholder.
27
2.
The
issuing
officer,
upon
receipt
of
an
initial
or
28
renewal
application
under
this
section
,
shall
immediately
29
conduct
a
background
check
concerning
each
applicant
by
30
obtaining
criminal
history
data
from
the
department
of
public
31
safety
which
shall
include
an
inquiry
of
the
national
instant
32
criminal
background
system
maintained
by
the
federal
bureau
33
of
investigation
or
any
successor
agency
and
an
immigration
34
alien
query
through
a
database
maintained
by
the
United
States
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immigration
and
customs
enforcement
or
any
successor
agency
if
1
the
applicant
is
not
a
United
States
citizen
.
2
Sec.
6.
Section
724.11,
Code
2011,
is
amended
to
read
as
3
follows:
4
724.11
Issuance
of
permit
to
carry
weapons.
5
1.
Applications
for
permits
to
carry
weapons
shall
be
made
6
to
the
sheriff
of
the
county
in
which
the
applicant
resides.
7
Applications
for
professional
permits
to
carry
weapons
for
8
persons
who
are
nonresidents
of
the
state,
or
whose
need
to
go
9
armed
arises
out
of
employment
by
the
state,
shall
be
made
to
10
the
commissioner
of
public
safety.
In
either
case,
the
sheriff
11
or
commissioner,
before
issuing
the
permit,
shall
determine
12
that
the
applicable
requirements
of
sections
724.6
to
724.10
13
have
been
satisfied
,
except
that
the
training
requirements
of
14
section
724.9
shall
not
apply
to
a
renewal
application
for
a
15
nonprofessional
permit
to
carry
weapons
.
However,
for
renewal
16
of
a
permit
the
training
program
requirements
in
section
724.9
,
17
subsection
1
,
shall
apply
or
the
renewal
applicant
may
choose
18
to
qualify
on
a
firing
range
under
the
supervision
of
an
19
instructor
certified
by
the
national
rifle
association
or
the
20
department
of
public
safety
or
another
state’s
department
of
21
public
safety,
state
police
department,
or
similar
certifying
22
body.
Such
training
or
qualification
must
occur
within
the
23
twelve-month
period
prior
to
the
expiration
of
the
applicant’s
24
current
permit.
25
2.
Neither
the
sheriff
nor
the
commissioner
shall
26
require
an
applicant
for
a
permit
to
carry
weapons
to
provide
27
information
identifying
a
particular
weapon
in
the
application
28
including
the
make,
model,
or
serial
number
of
the
weapon
or
29
any
ammunition
used
in
that
particular
weapon
,
or
otherwise
30
impose
additional
conditions,
limitations,
or
requirements
not
31
expressly
provided
for
in
this
chapter
on
the
application
for
32
or
issuance,
scope,
effect,
or
content
of
a
nonprofessional
33
permit
to
carry
weapons
.
34
3.
a.
The
issuing
officer
shall
collect
a
fee
of
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fifty
dollars
,
except
from
a
duly
appointed
peace
officer
1
or
correctional
officer,
for
each
nonprofessional
permit
2
issued.
Renewal
permits
or
duplicate
Nonprofessional
renewal
3
permits
shall
be
issued
for
a
fee
of
twenty-five
dollars
and
4
nonprofessional
duplicate
permits
shall
be
issued
for
a
fee
of
5
ten
dollars
,
provided
the
application
for
each
such
renewal
6
permit
is
received
by
the
issuing
officer
at
least
thirty
days
7
prior
to
the
expiration
of
the
applicant’s
current
permit.
8
b.
The
issuing
officer
shall
collect
a
fee
of
ten
dollars
9
for
the
issuance,
renewal,
or
duplication
of
a
professional
10
permit.
11
c.
The
issuing
officer
shall
notify
the
commissioner
of
12
public
safety
of
the
issuance
of
any
permit
at
least
monthly
13
and
forward
to
the
commissioner
an
amount
equal
to
ten
dollars
14
for
each
permit
issued
and
five
dollars
for
each
renewal
15
or
duplicate
permit
issued.
All
such
fees
received
by
the
16
commissioner
shall
be
paid
to
the
treasurer
of
state
and
17
deposited
in
the
operating
account
of
the
department
of
public
18
safety
to
offset
the
cost
of
administering
this
chapter
.
19
Notwithstanding
section
8.33
,
any
unspent
balance
as
of
June
30
20
of
each
year
shall
not
revert
to
the
general
fund
of
the
state
,
21
but
shall
be
maintained
in
a
separate
fund
for
the
sole
purpose
22
of
administering
this
chapter
.
23
4.
The
sheriff
or
commissioner
of
public
safety
shall
24
approve
or
deny
an
initial
or
renewal
application
submitted
25
under
this
section
within
thirty
seven
days
of
receipt
of
the
26
application.
A
person
whose
application
for
a
permit
under
27
this
chapter
is
denied
may
seek
review
of
the
denial
under
28
section
724.21A
.
The
failure
to
approve
or
deny
an
initial
29
or
renewal
application
shall
result
in
a
decision
of
approval
30
If
the
issuing
officer
has
not
received
any
disqualifying
31
information
within
the
requisite
seven-day
period,
the
issuing
32
officer
shall
approve
the
application
.
An
issuing
officer
who
33
refuses
to
accept
or
act
upon
an
application
filed
under
this
34
chapter
shall
be
subject
to
removal
from
office
pursuant
to
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1
Sec.
7.
Section
724.11A,
Code
2011,
is
amended
to
read
as
2
follows:
3
724.11A
Recognition
and
reciprocity
.
4
1.
A
valid
permit
or
license
issued
by
another
state
to
5
any
nonresident
of
this
state
shall
be
considered
to
be
a
6
valid
permit
or
license
to
carry
weapons
issued
pursuant
to
7
this
chapter
,
except
that
such
permit
or
license
shall
not
be
8
considered
to
be
a
substitute
for
an
annual
permit
to
acquire
9
pistols
or
revolvers
issued
pursuant
to
section
724.15
.
10
2.
At
least
annually,
the
department
of
public
safety
shall
11
seek
a
reciprocal
recognition
agreement
with
any
state
that
12
does
not
recognize
a
nonprofessional
permit
to
carry
weapons
13
issued
in
this
state.
The
department
of
public
safety
shall
14
have
the
authority
to
enter
into
such
agreements.
15
Sec.
8.
Section
724.21A,
subsection
5,
Code
2011,
is
amended
16
to
read
as
follows:
17
5.
The
standard
of
review
under
this
section
shall
be
18
clear
and
convincing
evidence
that
the
issuing
officer’s
19
written
statement
of
the
reasons
for
the
denial,
suspension,
or
20
revocation
constituted
probable
cause
to
deny
an
application
21
or
to
suspend
or
revoke
a
permit
clear
and
convincing
evidence
22
that,
as
of
the
date
of
the
adverse
decision,
the
applicant
or
23
permittee
was
ineligible
for
a
permit
to
carry
weapons
under
24
the
applicable
standards
set
forth
in
this
chapter,
subject
25
to
prosecution
or
any
other
proceeding
that
could
result
in
26
the
applicant
or
permittee
becoming
ineligible
for
a
permit
27
to
carry
weapons,
or
provided
materially
false
information
or
28
documentation
in
conjunction
with
the
permit
application
.
29
Sec.
9.
Section
724.23,
Code
2011,
is
amended
to
read
as
30
follows:
31
724.23
Records
kept
by
commissioner.
32
1.
The
commissioner
of
public
safety
shall
maintain
a
33
permanent
record
of
all
valid
permits
to
carry
weapons
and
of
34
current
permit
revocations.
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2.
a.
Notwithstanding
any
other
law
or
rule
to
the
1
contrary,
an
issuing
officer
shall
keep
confidential
2
information
that
would
personally
identify
applicants
for
or
3
holders
of
nonprofessional
permits
to
carry
weapons,
including
4
but
not
limited
to
the
name,
social
security
number,
date
of
5
birth,
driver’s
license
or
other
identification
number,
and
6
residential
or
business
address
of
the
applicant
or
permit
7
holder.
8
b.
This
subsection
shall
not
prohibit
the
release
of
any
of
9
the
following:
10
(1)
Numerical
statistics
pertaining
to
the
issuance,
11
denial,
revocation,
or
administration
of
applicants
for
or
12
holders
of
nonprofessional
permits,
provided
that
the
release
13
of
such
information
does
not
reveal
the
identity
of
any
14
individual
permit
holder.
15
(2)
The
release
of
information
to
any
law
enforcement
16
agency,
or
an
employee
or
agent
thereof,
when
necessary
for
an
17
investigation
of
a
possible
violation
of
law
or
for
conducting
18
a
lawfully
authorized
background
investigation.
19
Sec.
10.
Section
724.25,
subsection
1,
Code
2011,
is
amended
20
to
read
as
follows:
21
1.
As
used
in
section
724.26
,
the
word
“felony”
means
22
any
offense
punishable
in
the
jurisdiction
where
it
occurred
23
by
imprisonment
for
a
term
exceeding
one
year,
but
does
not
24
include
any
offense
,
other
than
an
offense
involving
a
firearm
25
or
explosive,
classified
as
a
misdemeanor
under
the
laws
of
the
26
state
and
punishable
by
a
term
of
imprisonment
of
two
years
or
27
less.
28
EXPLANATION
29
This
bill
relates
to
the
carrying
of
dangerous
weapons
and
30
provides
a
penalty
and
a
fee.
31
I.
PERMIT
TO
CARRY
WEAPONS.
32
A.
VALIDITY.
The
bill
provides
that
nonprofessional
33
permits
to
carry
weapons
shall
have
a
uniform
appearance,
size,
34
and
content,
but
shall
not
contain
the
permit
holder’s
social
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security
number.
Such
permits
may
be
laminated
by
either
the
1
issuing
officer
or
the
permit
holder.
2
Current
law
provides
that
nonprofessional
permits
to
carry
3
weapons
are
valid
throughout
the
state.
The
bill
provides
4
for
such
permits’
validity
throughout
the
state
and
overrides
5
contrary
provisions
in
the
Code
relating
to
the
operation
6
of
a
snowmobile
or
an
all-terrain
vehicle
with
a
firearm,
7
certain
hunting
provisions
relating
to
wildlife
conservation,
8
the
use
of
firearms,
explosives,
and
weapons
in
state
parks
9
and
preserves,
rules
adopted
by
the
state
fair
board
and
the
10
department
of
natural
resources,
or
any
ordinance,
motion,
or
11
resolution
passed
by
a
political
subdivision
of
this
state.
12
The
bill
specifies
that
Code
provisions
relating
to
the
13
validity
of
nonprofessional
permits
to
carry
weapons
throughout
14
the
state,
as
well
as
out-of-state
permits
to
carry
weapons
15
recognized
under
Iowa’s
permit
recognition
statute,
shall
not
16
be
construed
to
authorize
the
carrying
of
weapons
prohibited
17
under
federal
law
or
to
authorize
the
taking
of
game
animals
18
or
the
discharge
of
weapons
except
where
justified
under
Code
19
chapter
704
(use
of
reasonable
or
deadly
force).
20
B.
ISSUANCE
——
DISQUALIFIERS.
Current
law
prohibits
21
certain
persons
from
obtaining
either
a
professional
or
22
nonprofessional
permit
to
carry
weapons
including
a
person
who
23
is
addicted
to
alcohol,
a
person
who
is
likely
to
use
a
weapon
24
unlawfully
in
such
a
manner
as
would
endanger
the
person’s
25
self
or
others,
and
a
person
who
has,
within
the
previous
26
three
years,
been
convicted
of
certain
assaults
not
involving
27
the
use
of
a
firearm
or
explosive.
The
bill
eliminates
such
28
disqualifiers,
maintains
the
age
restrictions,
and
further
29
specifies
that
a
person
who
is
prohibited
by
Code
section
30
724.26
(felon
in
possession
of
a
firearm),
federal
law,
or
who
31
is
the
subject
of
a
court
order
from
possessing,
shipping,
32
transporting,
or
receiving
a
firearm,
is
ineligible
for
a
33
permit
to
carry
weapons.
34
C.
FIREARMS
TRAINING.
The
bill
expands
current
law
relating
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to
firearm
training
qualification
requirements
for
a
person
1
who
applies
for
a
permit
to
carry
weapons
to
include
a
current
2
or
previously
held
license
or
permit
to
carry
a
firearm
in
3
any
state
or
locality,
completion
of
any
firearms
training
or
4
safety
course
or
class,
including
an
electronic,
video,
or
5
internet
course,
conducted
by
a
state
certified
or
national
6
rifle
association
certified
firearms
instructor,
or
completion
7
of
a
hunter
education
or
hunter
safety
course
approved
by
the
8
department
of
natural
resources
or
a
similar
agency
of
another
9
state.
The
bill
also
includes
a
current
or
expired
license
or
10
permit
to
carry
firearms,
issued
by
any
state
or
a
locality,
as
11
acceptable
evidence
of
firearms
training.
The
bill
provides
12
that
the
firearm
training
requirements
shall
not
apply
to
a
13
renewal
application
for
a
nonprofessional
permit
to
carry
14
weapons.
15
D.
APPLICANT
INFORMATION
——
ALIENS.
The
bill
provides
that
16
a
sheriff
shall
not
require
an
applicant
for
a
nonprofessional
17
permit
to
carry
weapons
who
is
a
United
States
citizen
to
18
provide
any
information,
documentation,
or
evidence
of
identity
19
beyond
what
is
required
under
current
law.
An
applicant
who
is
20
not
a
United
States
citizen
shall
be
subject
to
an
immigration
21
alien
query
through
a
database
maintained
by
the
United
States
22
immigration
and
customs
enforcement
and
shall
also
provide
23
additional
information
as
well
as
the
basis
for
any
exception
24
claimed
under
the
provisions
of
18
U.S.C.
§
922(y).
25
E.
ISSUANCE
FEES.
The
bill
specifies
that
the
current
26
$50
issuance
fee
for
permits
to
carry
weapons
applies
to
27
nonprofessional
permits
and
that
the
current
$25
issuance
28
fee
for
renewal
permits
to
carry
weapons
also
applies
to
29
nonprofessional
permits.
Nonprofessional
duplicate
permits
30
shall
be
issued
for
a
$10
fee.
The
bill
provides
that
the
fee
31
for
the
issuance,
renewal,
or
duplication
of
a
professional
32
permit
to
carry
weapons
shall
be
$10.
The
bill
provides
that
33
any
unspent
balance
as
of
June
30
of
each
year
shall
not
revert
34
to
the
general
fund
of
the
state,
but
shall
be
maintained
in
a
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separate
fund
to
be
used
for
the
administration
of
Code
chapter
1
724.
2
F.
PERMIT
ISSUANCE
——
APPROVAL-DENIAL.
The
bill
amends
3
current
law
requiring
the
issuing
officer
to
approve
or
4
deny
an
initial
or
renewal
application
for
a
permit
to
carry
5
weapons
from
within
30
days
of
receipt
of
an
application
to
6
require
approval
or
denial
within
seven
days
of
receipt
of
an
7
application,
and
to
require
the
issuing
officer
to
approve
the
8
application
in
the
absence
of
any
disqualifying
information
9
received
within
the
requisite
seven-day
period.
An
issuing
10
officer
who
refuses
to
accept
or
act
upon
an
application
shall
11
be
subject
to
removal
from
office
pursuant
to
Code
chapter
66.
12
G.
RECOGNITION
AND
RECIPROCITY.
The
bill
provides
that
13
at
least
annually,
the
department
of
public
safety
shall
seek
14
a
reciprocal
recognition
agreement
with
any
state
that
does
15
not
recognize
a
nonprofessional
permit
to
carry
weapons
issued
16
in
this
state.
The
bill
authorizes
the
department
of
public
17
safety
to
enter
into
such
agreements.
18
H.
CONFIDENTIAL
INFORMATION.
The
bill
provides
that
19
an
issuing
officer
shall
keep
confidential
information
20
that
would
personally
identify
applicants
for
or
holders
21
of
nonprofessional
permits
to
carry
weapons,
including
but
22
not
limited
to
the
applicant’s
or
permit
holder’s
name,
23
social
security
number,
date
of
birth,
driver’s
license
or
24
other
identification
number,
and
residential
or
business
25
address.
The
bill
does
not
prohibit
the
release
of
numerical
26
statistics
pertaining
to
the
issuance,
denial,
revocation,
or
27
administration
of
applicants
for
or
holders
of
nonprofessional
28
permits,
provided
that
the
release
of
such
information
does
29
not
reveal
the
identity
of
any
individual
permit
holder,
nor
30
does
the
bill
prohibit
the
release
of
information
to
any
31
law
enforcement
agency,
or
an
employee
or
agent
thereof,
32
when
necessary
for
an
investigation
of
a
possible
violation
33
of
law
or
for
conducting
a
lawfully
authorized
background
34
investigation.
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II.
DENIAL,
SUSPENSION,
REVOCATION
——
PERMIT
TO
CARRY
——
1
PERMIT
TO
ACQUIRE.
The
bill
provides
that,
in
a
case
where
2
an
issuing
officer
denies,
suspends,
or
revokes
a
permit
to
3
carry
weapons
or
a
permit
to
acquire
pistols
or
revolvers,
the
4
clear
and
convincing
evidence
standard
of
review
must
show
5
that,
as
of
the
date
of
the
adverse
decision,
the
applicant
or
6
permittee
was
ineligible
for
a
permit
to
carry
weapons,
subject
7
to
prosecution
or
any
other
proceeding
that
could
result
in
8
the
applicant
or
permittee
becoming
ineligible
for
a
permit
9
to
carry
weapons,
or
provided
materially
false
information
or
10
documentation
in
conjunction
with
the
permit
application.
11
III.
FELON
IN
POSSESSION
OF
A
FIREARM
——
DEFINITION.
12
Current
Code
section
724.25
defines
a
“felony”
for
purposes
of
13
the
crime
of
felon
in
possession
of
a
firearm
(Code
section
14
724.26)
to
include
persons
who
commit
an
aggravated
misdemeanor
15
by
use
of
a
firearm,
as
well
as
felons.
The
bill
amends
Code
16
section
724.25
to
exclude
persons
who
commit
an
aggravated
17
misdemeanor
by
use
of
a
firearm
for
purposes
of
Code
section
18
724.26.
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