Bill Text: IA HF527 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the manufacture, acquisition, sale, and use of firearms and suppressors, providing penalties, and including effective date and applicability provisions. (Formerly HSB 201)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2015-04-09 - Referred to Judiciary. S.J. 835. [HF527 Detail]
Download: Iowa-2015-HF527-Introduced.html
House File 527 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 201) A BILL FOR 1 An Act relating to the manufacture, acquisition, sale, and 2 use of firearms and suppressors, providing penalties, and 3 including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1099HV (5) 86 jm/rj PAG LIN 1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2 2015, is amended by striking the paragraph. 1 3 Sec. 2. NEW SECTION. 724.1A Firearm suppressors ==== 1 4 certification. 1 5 1. As used in this section, unless the context otherwise 1 6 requires: 1 7 a. "Certification" means the participation and assent of 1 8 the chief law enforcement officer of the jurisdiction where the 1 9 applicant resides or maintains an address of record, that is 1 10 necessary under federal law for the approval of an application 1 11 to make or transfer a firearm suppressor. 1 12 b. "Chief law enforcement officer" means the county sheriff, 1 13 chief of police, or the designee of such official, that the 1 14 federal bureau of alcohol, tobacco, firearms and explosives, 1 15 or any successor agency, has identified by regulation or has 1 16 determined is otherwise eligible to provide any required 1 17 certification for making or transferring a firearm suppressor. 1 18 c. "Firearm suppressor" means a mechanical device 1 19 specifically constructed and designed so that when attached to 1 20 a firearm silences, muffles, or suppresses the sound when fired 1 21 that is considered a "firearm silencer" or "firearm muffler" as 1 22 defined in 18 U.S.C. {921. 1 23 2. a. A chief law enforcement officer is not required 1 24 to make any certification under this section the chief law 1 25 enforcement officer knows to be false, but the chief law 1 26 enforcement officer shall not refuse, based on a generalized 1 27 objection, to issue a certification to make or transfer a 1 28 firearm suppressor. 1 29 b. When the certification of the chief law enforcement 1 30 officer is required by federal law or regulation for making or 1 31 transferring a firearm suppressor, the chief law enforcement 1 32 officer shall, within thirty days of receipt of a request for 1 33 certification, issue such certification if the applicant is 1 34 not prohibited by law from making or transferring a firearm 1 35 suppressor or is not the subject of a proceeding that could 2 1 result in the applicant being prohibited by law from making 2 2 or transferring the firearm suppressor. If the chief law 2 3 enforcement officer does not issue a certification as required 2 4 by this section, the chief law enforcement officer shall 2 5 provide the applicant with a written notification of the denial 2 6 and the reason for the denial. 2 7 c. A certification that has been approved under this section 2 8 grants the person the authority to make or transfer a firearm 2 9 suppressor as provided by state and federal law. 2 10 3. An applicant whose request for certification is denied 2 11 may appeal the decision of the chief law enforcement officer 2 12 to the district court for the county in which the applicant 2 13 resides or maintains an address of record. The court shall 2 14 review the decision of the chief law enforcement officer to 2 15 deny the certification de novo. If the court finds that the 2 16 applicant is not prohibited by law from making or transferring 2 17 the firearm suppressor, or is not the subject of a proceeding 2 18 that could result in such prohibition, or that no substantial 2 19 evidence supports the decision of the chief law enforcement 2 20 officer, the court shall order the chief law enforcement 2 21 officer to issue the certification and award court costs and 2 22 reasonable attorney fees to the applicant. If the court 2 23 determines the applicant is not eligible to be issued a 2 24 certification, the court shall award court costs and reasonable 2 25 attorney fees to the political subdivision of the state 2 26 representing the chief law enforcement officer. 2 27 4. In making a determination about whether to issue a 2 28 certification under subsection 2, a chief law enforcement 2 29 officer may conduct a criminal background check, including 2 30 an inquiry of the national instant criminal background check 2 31 system maintained by the federal bureau of investigation or any 2 32 successor agency, but shall only require the applicant provide 2 33 as much information as is necessary to identify the applicant 2 34 for this purpose or to determine the disposition of an arrest 2 35 or proceeding relevant to the eligibility of the applicant to 3 1 lawfully possess or receive a firearm suppressor. A chief law 3 2 enforcement officer shall not require access to or consent to 3 3 inspect any private premises as a condition of providing a 3 4 certification under this section. 3 5 5. A chief law enforcement officer and employees of the 3 6 chief law enforcement officer who act in good faith are immune 3 7 from liability arising from any act or omission in making a 3 8 certification as required by this section. 3 9 Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty. 3 10 1. A person shall not possess a firearm suppressor in this 3 11 state if such possession is knowingly in violation of federal 3 12 law. 3 13 2. A person who possesses a firearm suppressor in violation 3 14 of subsection 1 commits a class "D" felony. 3 15 Sec. 4. Section 724.4, subsection 4, paragraph i, Code 2015, 3 16 is amended to read as follows: 3 17 i. (1) A person who has in the person's immediate 3 18 possession and who displays to a peace officer on demand a 3 19 valid permit to carry weapons which has been issued to the 3 20 person, and whose conduct is within the limits of that permit. 3 21 A peace officer shall verify through electronic means, if 3 22 possible, the validity of the person's permit to carry weapons. 3 23 (2) A person commits a simple misdemeanor punishable as 3 24 a scheduled violation pursuant to section 805.8C, subsection 3 25 11, if the person does not have in the person's immediate 3 26 possession a valid permit to carry weapons which has been 3 27 issued to the person. 3 28 (3)AExcept as provided subparagraph (2), a person shall 3 29 not be convicted of a violation of this section if the person 3 30 produces at the person's trial a permit to carry weapons which 3 31 was valid at the time of the alleged offense and which would 3 32 have brought the person's conduct within this exception if the 3 33 permit had been produced at the time of the alleged offense. 3 34 Sec. 5. Section 724.4B, subsection 2, paragraph a, Code 3 35 2015, is amended to read as follows: 4 1 a. A person listed under section 724.4, subsection 4, 4 2 paragraphs "b" through "f" or "j", or a certified peace officer 4 3 as specified in section 724.6, subsection 1. 4 4 Sec. 6. Section 724.5, Code 2015, is amended to read as 4 5 follows: 4 6 724.5 Duty to carry or verify permit to carry weapons. 4 7 1. A person armed with a revolver, pistol, or pocket billy 4 8 concealed upon the person shall have in the person's immediate 4 9 possession the permit provided for in section 724.4, subsection 4 10 4, paragraph "i", and shall produce the permit for inspection at 4 11 the request of a peace officer. 4 12 2. A peace officer shall verify through electronic means, if 4 13 possible, the validity of the person's permit to carry weapons. 4 14 3. Failure to so produce a permit is a simple misdemeanor, 4 15 punishable as a scheduled violation pursuant to section 805.8C, 4 16 subsection 12. 4 17 Sec. 7. Section 724.6, subsection 1, Code 2015, is amended 4 18 to read as follows: 4 19 1. A person may be issued a permit to carry weapons when 4 20 the person's employment in a private investigation business 4 21 or private security business licensed under chapter 80A, or a 4 22 person's employment as a peace officer, correctional officer, 4 23 security guard, bank messenger or other person transporting 4 24 property of a value requiring security, or in police work, 4 25 reasonably justifies that person going armed. The permit shall 4 26 be on a form prescribed and published by the commissioner of 4 27 public safety, shall identify the holder, and shall state 4 28 the nature of the employment requiring the holder to go 4 29 armed. A permit so issued, other than to a peace officer, 4 30 shall authorize the person to whom it is issued to go armed 4 31 anywhere in the state, only while engaged in the employment, 4 32 and while going to and from the place of the employment. A 4 33 permit issued to a certified peace officer shall authorize that 4 34 peace officer to go armed anywhere in the state, including a 4 35 school as provided in section 724.4B, at all times. Permits 5 1 shall expire twelve months after the date when issued except 5 2 that permits issued to peace officers and correctional officers 5 3 are valid through the officer's period of employment unless 5 4 otherwise canceled. When the employment is terminated, the 5 5 holder of the permit shall surrender it to the issuing officer 5 6 for cancellation. 5 7 Sec. 8. Section 724.7, subsection 1, Code 2015, is amended 5 8 to read as follows: 5 9 1. Any person who is not disqualified under section 724.8, 5 10 who satisfies the training requirements of section 724.9, if 5 11 applicable, and who files an application in accordance with 5 12 section 724.10 shall be issued a nonprofessional permit to 5 13 carry weapons. Such permits shall be on a form prescribed and 5 14 published by the commissioner of public safety, which shall 5 15 be readily distinguishable from the professional permit, and 5 16 shall identify the holder of the permit. Such permits shall 5 17 not be issued for a particular weapon and shall not contain 5 18 information about a particular weapon including the make, 5 19 model, or serial number of the weapon or any ammunition used 5 20 in that weapon. All permits so issued shall be for a period of 5 21 five years and shall be valid throughout the state except where 5 22 the possession or carrying of a firearm is prohibited by state 5 23 or federal law. 5 24 Sec. 9. Section 724.9, Code 2015, is amended by adding the 5 25 following new subsection: 5 26 NEW SUBSECTION. 1A. The handgun safety training course 5 27 required in subsection 1 may be conducted over the internet 5 28 in a live or web=based format, if completion of the course is 5 29 verified by the instructor or provider of the course. 5 30 Sec. 10. Section 724.11, subsections 1 and 3, Code 2015, are 5 31 amended to read as follows: 5 32 1. a. Applications for permits to carry weapons shall 5 33 be made to the sheriff of the county in which the applicant 5 34 resides. Applications for professional permits to carry 5 35 weapons for persons who are nonresidents of the state, or whose 6 1 need to go armed arises out of employment by the state, shall 6 2 be made to the commissioner of public safety. In either case, 6 3 the sheriff or commissioner, before issuing the permit, shall 6 4 determine that the requirements of sections 724.6 to 724.10 6 5 have been satisfied. However,for renewal of a permitthe 6 6 training program requirements in section 724.9, subsection 6 7 1, do not apply to an applicant who is able to demonstrate 6 8 completion of small arms training as specified in section 6 9 724.9, subsection 1, paragraph "d". For all other applicants 6 10 the training program requirements of section 724.9, subsection 6 11 1, must be satisfied within the twenty=four=month period prior 6 12 to the date of the application for the issuance of a permit. 6 13 b. (1) Prior to issuing a renewal, the sheriff or 6 14 commissioner shall determine the requirements of sections 6 15 724.6, 724.7, 724.8, and 724.10 and either of the following, as 6 16 applicable, have been satisfied: 6 17 (a) Beginning with the first renewal of a permit issued 6 18 after the calendar year 2010, and alternating renewals 6 19 thereafter, if a renewal applicant applies within thirty 6 20 days prior to the expiration of the permit or within thirty 6 21 days after expiration of the permit, the training program 6 22 requirements of section 724.9, subsection 1, do not apply. 6 23 (b) Beginning with the second renewal of a permit issued 6 24 after the calendar year 2010, and alternating renewals 6 25 thereafter, if a renewal applicant applies within thirty 6 26 days prior to the expiration of the permit or within thirty 6 27 days after expiration of the permit, a renewal applicant 6 28 shall qualify for renewal by taking an online training course 6 29 certified by the national rifle association or the Iowa law 6 30 enforcement academy, and the training program requirements of 6 31 section 724.9, subsection 1, do not apply. 6 32 (2) If any renewal applicant applies more than thirty days 6 33 after the expiration of the permit, the permit requirements 6 34 of paragraph "a" apply to the applicant, and any subsequent 6 35 renewal of this permit shall be considered a first renewal for 7 1 purposes of subparagraph (1). However, the training program 7 2 requirements of section 724.9, subsection 1, do not apply to an 7 3 applicant who is able to demonstrate completion of small arms 7 4 training as specified in section 724.9, subsection 1, paragraph 7 5 "d". For all other applicants, in lieu of the training program 7 6 requirements of section 724.9, subsection 1, the renewal 7 7 applicant may choose to qualify on a firing range under the 7 8 supervision of an instructor certified by the national rifle 7 9 association or the department of public safety or another 7 10 state's department of public safety, state police department, 7 11 or similar certifying body. 7 12 (3) As an alternative to subparagraph (1), and if the 7 13 requirements of sections 724.6, 724.7, 724.8, and 724.10 have 7 14 been satisfied, a renewal applicant may choose to qualify, at 7 15 any renewal, under the training program requirements in section 7 16 724.9, subsection 1,shall applyor the renewal applicant may 7 17 choose to qualify on a firing range under the supervision of 7 18 an instructor certified by the national rifle association or 7 19 the department of public safety or another state's department 7 20 of public safety, state police department, or similar 7 21 certifying body. Such training or qualification must occur 7 22 within thetwelve=monthtwenty=four=month period prior to the 7 23 expiration of the applicant's current permit, except that 7 24 the twenty=four=month time period limitation for training or 7 25 qualification does not apply to an applicant who is able to 7 26 demonstrate completion of small arms training as specified in 7 27 section 724.9, subsection 1, paragraph "d". 7 28 3. The issuing officer shall collect a fee of fifty dollars, 7 29 except from a duly appointed peace officer or correctional 7 30 officer, for each permit issued. Renewal permits or duplicate 7 31 permits shall be issued for a fee of twenty=five dollars, 7 32 provided the application for such renewal permit is received by 7 33 the issuing officerat leastwithin thirty days prior to the 7 34 expiration of the applicant's current permit or within thirty 7 35 days after such expiration. The issuing officer shall notify 8 1 the commissioner of public safety of the issuance of any permit 8 2 at least monthly and forward to the commissioner an amount 8 3 equal to ten dollars for each permit issued and five dollars 8 4 for each renewal or duplicate permit issued. All such fees 8 5 received by the commissioner shall be paid to the treasurer of 8 6 state and deposited in the operating account of the department 8 7 of public safety to offset the cost of administering this 8 8 chapter. Notwithstanding section 8.33, any unspent balance as 8 9 of June 30 of each year shall not revert to the general fund of 8 10 the state. 8 11 Sec. 11. Section 724.11, Code 2015, is amended by adding the 8 12 following new subsection: 8 13 NEW SUBSECTION. 5. The initial or renewal permit shall 8 14 have a uniform appearance, size, and content prescribed and 8 15 published by the commissioner of public safety. The permit 8 16 shall contain the name of the permittee and the effective date 8 17 of the permit, but shall not contain the permittee's social 8 18 security number. Such a permit shall not be issued for a 8 19 particular weapon and shall not contain information about a 8 20 particular weapon including the make, model, or serial number 8 21 of the weapon, or any ammunition used in that weapon. 8 22 Sec. 12. Section 724.11A, Code 2015, is amended to read as 8 23 follows: 8 24 724.11A Recognition. 8 25 A valid permit or license issued by another state to any 8 26 nonresident of this state shall be considered to be a valid 8 27 permit or license to carry weapons issued pursuant to this 8 28 chapter, except that such permit or license shall not be 8 29 considered to be a substitute foran annuala permit to acquire 8 30pistols or revolversfirearms issued pursuant to section 8 31 724.15. 8 32 Sec. 13. Section 724.15, Code 2015, is amended by striking 8 33 the section and inserting in lieu thereof the following: 8 34 724.15 Optional permit to acquire firearms. 8 35 1. It is the purpose of this section to provide for a permit 9 1 to acquire firearms that will satisfy the requirements of 18 9 2 U.S.C. {922(t)(3) to allow the holder of such a permit to 9 3 acquire firearms from a federally licensed firearms dealer. A 9 4 person is not required to obtain a permit to acquire firearms 9 5 under this section if the person possesses a valid permit to 9 6 carry weapons issued in accordance with this chapter or if the 9 7 person has otherwise completed a satisfactory national instant 9 8 criminal background check required pursuant to 18 U.S.C. 9 9 {922(t). 9 10 2. A person may obtain a permit to acquire firearms pursuant 9 11 to this section. However, a permit to acquire firearms 9 12 shall not be issued to a person who is subject to any of the 9 13 following: 9 14 a. Is under twenty=one years of age. 9 15 b. Is prohibited by section 724.26 or federal law from 9 16 possessing, shipping, transporting, or receiving a firearm. 9 17 c. Is prohibited by court order from possessing, shipping, 9 18 transporting, or receiving a firearm. 9 19 3. A permit to acquire firearms shall authorize the permit 9 20 holder to acquire one or more firearms, without limitation, 9 21 from a federally licensed firearms dealer during the period the 9 22 permit remains valid pursuant to section 724.20. 9 23 4. An issuing officer who finds that a person issued 9 24 a permit to acquire firearms under this chapter has been 9 25 arrested for a disqualifying offense or who is the subject of 9 26 proceedings that could lead to the person's ineligibility for 9 27 such permit may immediately suspend such permit. An issuing 9 28 officer proceeding under this subsection shall immediately 9 29 notify the permit holder of the suspension by personal service 9 30 or certified mail on a form prescribed and published by the 9 31 commissioner of public safety and the suspension shall become 9 32 effective upon the permit holder's receipt of such notice. If 9 33 the suspension is based on an arrest or a proceeding that does 9 34 not result in a disqualifying conviction or finding against 9 35 the permit holder, the issuing officer shall immediately 10 1 reinstate the permit upon receipt of proof of the matter's 10 2 final disposition. If the arrest leads to a disqualifying 10 3 conviction or the proceedings to a disqualifying finding, the 10 4 issuing officer shall revoke the permit. The issuing officer 10 5 may also revoke the permit of a person whom the issuing officer 10 6 later finds was not qualified for such a permit at the time of 10 7 issuance or who the officer finds provided materially false 10 8 information on the permit application. A person aggrieved by a 10 9 suspension or revocation under this subsection may seek review 10 10 of the decision pursuant to section 724.21A. 10 11 Sec. 14. Section 724.16, Code 2015, is amended by striking 10 12 the section and inserting in lieu thereof the following: 10 13 724.16 Prohibited transfers of firearms. 10 14 1. A person shall not transfer a firearm to another person 10 15 if the person knows or reasonably should know that the other 10 16 person is prohibited from receiving or possessing a firearm 10 17 under section 724.26 or federal law. 10 18 2. A person shall not loan or rent a firearm to another 10 19 person for temporary use during lawful activities if the person 10 20 knows or reasonably should know that the person is prohibited 10 21 from receiving or possessing a firearm under section 724.26 or 10 22 federal law. 10 23 3. A person who transfers, loans, or rents a firearm in 10 24 violation of this section commits a class "D" felony. 10 25 Sec. 15. Section 724.17, Code 2015, is amended to read as 10 26 follows: 10 27 724.17 Application forannualpermit to acquire firearms ==== 10 28 criminal history check required. 10 29 1. The application foran annuala permit to acquirepistols 10 30 or revolversfirearms may be made to the sheriff of the county 10 31 of the applicant's residence and shall be on a form prescribed 10 32 and published by the commissioner of public safety. 10 33 a.TheIf an applicant is a United States citizen, the 10 34 application shall require only the full name of the applicant, 10 35 the driver's license or nonoperator's identification card 11 1 number of the applicant, the residence of the applicant, and 11 2 the date and place of birth of the applicant. 11 3 b. If the applicant is not a United States citizen, the 11 4 application shall, in addition to the information specified in 11 5 paragraph "a", require the applicant's country of citizenship, 11 6 any alien or admission number issued by the United States 11 7 immigration and customs enforcement or any successor agency, 11 8 and, if applicable, the basis for any exception claimed 11 9 pursuant to 18 U.S.C. {922(y). 11 10 c. The applicant shall also display an identification card 11 11 that bears a distinguishing number assigned to the cardholder, 11 12 the full name, date of birth, sex, residence address, and brief 11 13 description andcoloredphotograph of the cardholder, or other 11 14 identification as specified by rule of the department of public 11 15 safety. 11 16 2. The sheriff shall conduct a criminal history check 11 17 concerning each applicant by obtaining criminal history data 11 18 from the department of public safety which shall include an 11 19 inquiry of the national instant criminal background check 11 20 system maintained by the federal bureau of investigation or 11 21 any successor agency and an immigration alien query through 11 22 a database maintained by the United States immigration and 11 23 customs enforcement or any successor agency if the applicant 11 24 is not a United States citizen. 11 25 3. A person who makes what the person knows to be a false 11 26 statement of material fact on an application submitted under 11 27 this section or who submits what the person knows to be any 11 28 materially falsified or forged documentation in connection with 11 29 such an application commits a class "D" felony. 11 30 Sec. 16. Section 724.18, Code 2015, is amended by striking 11 31 the section and inserting in lieu thereof the following: 11 32 724.18 Procedure for making application for permit to acquire 11 33 firearms. 11 34 1. A person may personally request the sheriff to mail an 11 35 application for a permit to acquire firearms, and the sheriff 12 1 shall immediately forward such application to the person. The 12 2 person shall personally deliver such a completed application 12 3 to the sheriff who, upon successful completion of the criminal 12 4 history check and immigration alien query, if applicable, 12 5 required pursuant to section 724.17, shall note the period of 12 6 validity on the application and immediately issue the permit 12 7 to the applicant. 12 8 2. For the purposes of this section, the date of application 12 9 shall be the date on which the sheriff received the completed 12 10 application. 12 11 Sec. 17. Section 724.19, Code 2015, is amended to read as 12 12 follows: 12 13 724.19 Issuance ofannualpermit to acquire firearms. 12 14 Theannualpermit to acquirepistols or revolversfirearms 12 15 shall be issued to the applicant immediately upon completion 12 16 of the application unless the applicant is disqualified under 12 17 the provisions of section 724.15and. The permit shallbe on a 12 18 formhave a uniform appearance, size, and content prescribed 12 19 and published by the commissioner of public safety. The permit 12 20 shall contain the name of the permittee, the residence of the 12 21 permittee,and the effective date of the permit, but shall 12 22 not contain the permittee's social security number. Such a 12 23 permit shall not be issued for a particular weapon and shall 12 24 not contain information about a particular weapon including the 12 25 make, model, or serial number of the weapon, or any ammunition 12 26 used in that weapon. 12 27 Sec. 18. Section 724.20, Code 2015, is amended to read as 12 28 follows: 12 29 724.20 Validity ofannualpermit to acquirepistols or 12 30 revolversfirearms. 12 31 The permit shall be valid throughout the state and shall 12 32 bevalid three days after the date of application and shall 12 33 beinvalidone yearfive years after the date ofapplication 12 34issuance. 12 35 Sec. 19. Section 724.21, Code 2015, is amended to read as 13 1 follows: 13 2 724.21 Giving false information when acquiringweapon 13 3firearms. 13 4 A person who gives a false name or presents false 13 5 identification, or otherwise knowingly gives false material 13 6 information to one from whom the person seeks to acquire a 13 7pistol or revolverfirearm, commits a class "D" felony. 13 8 Sec. 20. Section 724.21A, subsections 1 and 7, Code 2015, 13 9 are amended to read as follows: 13 10 1. In any case where the sheriff or the commissioner of 13 11 public safety denies an application for or suspends or revokes 13 12 a permit to carry weapons oran annuala permit to acquire 13 13pistols or revolversfirearms, the sheriff or commissioner 13 14 shall provide a written statement of the reasons for the 13 15 denial, suspension, or revocation and the applicant or permit 13 16 holder shall have the right to appeal the denial, suspension, 13 17 or revocation to an administrative law judge in the department 13 18 of inspections and appeals within thirty days of receiving 13 19 written notice of the denial, suspension, or revocation. 13 20 7. In any case where the issuing officer denies an 13 21 application for, or suspends or revokes a permit to carry 13 22 weapons oran annuala permit to acquirepistols or revolvers 13 23firearms solely because of an adverse determination by 13 24 the national instant criminal background check system, the 13 25 applicant or permit holder shall not seek relief under this 13 26 section but may pursue relief of the national instant criminal 13 27 background check system determination pursuant to Pub. L. No. 13 28 103=159, sections 103(f) and (g) and 104 and 28 C.F.R. {25.10, 13 29 or other applicable law. The outcome of such proceedings shall 13 30 be binding on the issuing officer. 13 31 Sec. 21. Section 724.21A, Code 2015, is amended by adding 13 32 the following new subsection: 13 33 NEW SUBSECTION. 8. If an applicant appeals the decision by 13 34 the sheriff or commissioner to deny an application, or suspend 13 35 or revoke a permit to carry weapons or a permit to acquire 14 1 firearms, and it is later determined the applicant is eligible 14 2 to be issued or possess such a permit, the applicant shall 14 3 be awarded court costs and reasonable attorney fees. If the 14 4 decision of the sheriff or commission to deny the application, 14 5 or suspend or revoke the permit is upheld on appeal, the 14 6 political subdivision of the state representing the sheriff or 14 7 the commissioner shall be awarded court costs and reasonable 14 8 attorney fees. 14 9 Sec. 22. Section 724.22, subsection 5, Code 2015, is amended 14 10 to read as follows: 14 11 5. A parent or guardian or spouse who is twenty=one years of 14 12 age or older, of a personfourteen years of age but less than 14 13below the age of twenty=one may allow the person to possess a 14 14 pistol or revolver or the ammunition therefor for any lawful 14 15 purpose while under the direct supervision of the parent or 14 16 guardian or spouse who is twenty=one years of age or older, or 14 17 while the person receives instruction in the proper use thereof 14 18 from an instructor twenty=one years of age or older, with the 14 19 consent of such parent, guardian or spouse. 14 20 Sec. 23. Section 724.23, Code 2015, is amended to read as 14 21 follows: 14 22 724.23 Records kept by commissioner and issuing officers. 14 23 1. a. The commissioner of public safety shall maintain a 14 24 permanent record of all valid permits to carry weapons and of 14 25 current permit revocations. 14 26 b. The permanent record shall be kept in a searchable 14 27 database that is accessible on a statewide basis for the 14 28 circumstances described in subsection 2, paragraph "b", "c", or 14 29 "d". 14 30 2. a. Notwithstanding any other law or rule to the 14 31 contrary, the commissioner of public safety and any issuing 14 32 officer shall keep confidential personally identifiable 14 33 information of holders of nonprofessional permits to carry 14 34 weapons and permits to acquire firearms, including but not 14 35 limited to the name, social security number, date of birth, 15 1 residential or business address, and driver's license or other 15 2 identification number of the applicant or permit holder. 15 3 b. This subsection shall not prohibit the release of 15 4 statistical information relating to the issuance, denial, 15 5 revocation, or administration of nonprofessional permits to 15 6 carry weapons and permits to acquire firearms, provided that 15 7 the release of such information does not reveal the identity of 15 8 any individual permit holder. 15 9 c. This subsection shall not prohibit the release of 15 10 information to any law enforcement agency or any employee or 15 11 agent thereof when necessary for the purpose of investigating 15 12 a possible violation of law and probable cause exists, or for 15 13 conducting a lawfully authorized background investigation. 15 14 d. This subsection shall not prohibit the release of 15 15 information relating to the validity of a professional permit 15 16 to carry weapons to an employer who requires an employee or an 15 17 agent of the employer to possess a professional permit to carry 15 18 weapons as part of the duties of the employee or agent. 15 19 e. Except as provided in paragraphs "b", "c", and "d", the 15 20 release of any confidential information under this section 15 21 shall require a court order or the consent of the person whose 15 22 personally identifiable information is the subject of the 15 23 information request. 15 24 Sec. 24. Section 724.27, subsection 1, unnumbered paragraph 15 25 1, Code 2015, is amended to read as follows: 15 26 The provisions of section 724.8, section 724.15, subsection 15 2712, and section 724.26 shall not apply to a person who is 15 28 eligible to have the person's civil rights regarding firearms 15 29 restored under section 914.7 if any of the following occur: 15 30 Sec. 25. NEW SECTION. 724.29A Fraudulent purchase of 15 31 firearms or ammunition. 15 32 1. For purposes of this section: 15 33 a. "Ammunition" means any cartridge, shell, or projectile 15 34 designed for use in a firearm. 15 35 b. "Licensed firearms dealer" means a person who is licensed 16 1 pursuant to 18 U.S.C. {923 to engage in the business of dealing 16 2 in firearms. 16 3 c. "Materially false information" means information that 16 4 portrays an illegal transaction as legal or a legal transaction 16 5 as illegal. 16 6 d. "Private seller" means a person who sells or offers for 16 7 sale any firearm or ammunition. 16 8 2. A person who knowingly solicits, persuades, encourages, 16 9 or entices a licensed firearms dealer or private seller of 16 10 firearms or ammunition to transfer a firearm or ammunition 16 11 under circumstances that the person knows would violate the 16 12 laws of this state or of the United States commits a class "D" 16 13 felony. 16 14 3. A person who knowingly provides materially false 16 15 information to a licensed firearms dealer or private seller of 16 16 firearms or ammunition with the intent to deceive the firearms 16 17 dealer or seller about the legality of a transfer of a firearm 16 18 or ammunition commits a class "D" felony. 16 19 4. Any person who willfully procures another to engage in 16 20 conduct prohibited by this section shall be held accountable 16 21 as a principal. 16 22 5. This section does not apply to a law enforcement officer 16 23 acting in the officer's official capacity or to a person acting 16 24 at the direction of such law enforcement officer. 16 25 Sec. 26. NEW SECTION. 724.32 Rules. 16 26 The department of public safety shall adopt rules pursuant 16 27 to chapter 17A to administer this chapter. 16 28 Sec. 27. Section 805.8C, Code 2015, is amended by adding the 16 29 following new subsections: 16 30 NEW SUBSECTION. 11. Duty to possess permit to carry 16 31 weapons. For violations of section 724.4, subsection 4, 16 32 paragraph "i", subparagraph (2), the scheduled fine is ten 16 33 dollars. 16 34 NEW SUBSECTION. 12. Failure to produce permit to carry. For 16 35 violations of section 724.5, the scheduled fine is ten dollars. 17 1 Sec. 28. EFFECTIVE UPON ENACTMENT. The following 17 2 provision or provisions of this Act, being deemed of immediate 17 3 importance, take effect upon enactment: 17 4 1. The section of this Act amending section 724.1, 17 5 subsection 1, paragraph "h". 17 6 2. The section of this Act enacting new section 724.1A. 17 7 3. The section of this Act amending section 724.22. 17 8 4. The section of this Act amending section 724.23, 17 9 subsection 2. 17 10 5. The section of this Act amending section 724.29A. 17 11 6. The applicability section of this Act. 17 12 Sec. 29. APPLICABILITY. The section of this Act amending 17 13 section 724.23 applies to holders of nonprofessional permits to 17 14 carry weapons and permits to acquire firearms and to applicants 17 15 for nonprofessional permits to carry weapons and permits to 17 16 acquire firearms on or after the effective date of that section 17 17 of this Act. 17 18 EXPLANATION 17 19 The inclusion of this explanation does not constitute agreement with 17 20 the explanation's substance by the members of the general assembly. 17 21 This bill relates to the manufacture, acquisition, sale, and 17 22 use of firearms and suppressors. 17 23 FIREARM SUPPRESSORS. Current Iowa law provides that a 17 24 mechanical device specifically constructed and designed so that 17 25 when attached to a firearm it silences, muffles, or suppresses 17 26 the sound when fired is an offensive weapon. Under Code 17 27 section 724.3, any person who knowingly possesses an offensive 17 28 weapon commits a class "D" felony, punishable by confinement 17 29 for no more than five years and a fine of at least $750 but not 17 30 more than $7,500. 17 31 The bill strikes a provision in Code section 724.1(1)(h) 17 32 that classifies a firearm suppressor as an offensive weapon. 17 33 By striking this provision, a firearm suppressor is legal 17 34 to possess in the state. This provision takes effect upon 17 35 enactment. 18 1 The bill also creates in new Code section 724.1A, a process 18 2 whereby a person may apply to the chief law enforcement officer 18 3 of the jurisdiction where the person resides or maintains an 18 4 address of record for a certification to make or transfer a 18 5 firearm suppressor. The bill defines "firearm suppressor" to 18 6 mean a mechanical device specifically constructed and designed 18 7 so that when attached to a firearm silences, muffles, or 18 8 suppresses the sound when fired that is considered a "firearm 18 9 silencer" or "firearm muffler" as defined in 18 U.S.C. {921. 18 10 The bill specifies that a chief law enforcement officer 18 11 shall not refuse to provide certification, based on a 18 12 generalized objection, to an applicant making or transferring 18 13 a firearm suppressor. If a person applies for certification 18 14 to make or transfer a firearm suppressor with the chief 18 15 law enforcement officer, the bill requires the chief law 18 16 enforcement officer to issue the certification within 30 18 17 days of receiving such an application unless the applicant 18 18 is prohibited by law from making or transferring a firearm 18 19 suppressor or the applicant is the subject of a proceeding that 18 20 could result in the applicant being prohibited by law from 18 21 making or transferring a firearm suppressor. If the chief 18 22 law enforcement officer does not issue a certification under 18 23 the bill, the chief law enforcement officer shall provide the 18 24 applicant a written notification of the denial and the reason 18 25 for the denial. If the certification has been approved by the 18 26 chief law enforcement officer under the bill, the applicant 18 27 has the authority to make or transfer a firearm suppressor as 18 28 provided by state and federal law. 18 29 If the applicant's request for certification is denied, 18 30 the bill specifies that the applicant may appeal the decision 18 31 to the district court for the county in which the applicant 18 32 resides or maintains an address of record. The bill specifies 18 33 that the court shall review the decision of the chief law 18 34 enforcement officer to deny the certification de novo. If the 18 35 court finds that the applicant is not prohibited by law from 19 1 making or transferring a firearm suppressor, the bill requires 19 2 the court to order the chief law enforcement officer to issue 19 3 the certification and award court costs and reasonable attorney 19 4 fees to the applicant. If the court determines the applicant 19 5 is not eligible to be issued a certification, the bill requires 19 6 the court to award court costs and reasonable attorney fees to 19 7 the political subdivision of the state representing the chief 19 8 law enforcement officer. 19 9 In making a determination about whether to issue a 19 10 certification under the bill, a chief law enforcement officer 19 11 may conduct a criminal background check, but shall only require 19 12 the applicant to provide as much information as is necessary 19 13 to identify the applicant for this purpose or to determine 19 14 the disposition of an arrest or proceeding relevant to the 19 15 eligibility of the applicant to lawfully make or transfer a 19 16 firearm suppressor. The bill prohibits a chief law enforcement 19 17 officer from requiring access to any private premises as a 19 18 condition of providing a certification under this Code section. 19 19 A chief law enforcement officer and employees of the chief 19 20 law enforcement officer who act in good faith are immune 19 21 from liability arising from any act or omission in making a 19 22 certification under the bill. 19 23 The bill provides that a person commits a class "D" felony if 19 24 the person possesses a firearm suppressor and such possession 19 25 is knowingly in violation of federal law. 19 26 The provisions relating to making or transferring a firearm 19 27 suppressor take effect upon enactment. 19 28 CARRYING WEAPONS. The bill provides that a person does not 19 29 commit the criminal offense of carrying weapons in violation of 19 30 Code section 724.4 if the person has in the person's immediate 19 31 possession and who displays to a peace officer on demand a 19 32 valid permit to carry weapons which has been issued to the 19 33 person, and whose conduct is within the limits of that permit. 19 34 The bill specifies that a peace officer shall verify through 19 35 electronic means, if possible, the validity of the person's 20 1 permit to carry weapons. Current law does not require the 20 2 permit to be in the person's immediate possession only that 20 3 the permit be in the person's possession. If a person, who 20 4 possesses a valid permit to carry weapons under the bill, fails 20 5 to carry such a permit in the immediate possession of the 20 6 person or fails to display the permit to a peace officer on 20 7 demand, a person commits a simple misdemeanor punishable by a 20 8 $10 scheduled fine. 20 9 CARRYING WEAPONS ON SCHOOL GROUNDS. The bill provides 20 10 that a certified peace officer who possesses a professional 20 11 permit to carry weapons does not commit the criminal violation 20 12 of unlawfully carrying weapons on school grounds under Code 20 13 section 724.4B. Under current law, a peace officer while 20 14 acting within the official duties of the officer may possess a 20 15 weapon on school grounds. A person who commits the offense of 20 16 unlawfully carrying weapons on school grounds commits a class 20 17 "D" felony. 20 18 DUTY TO POSSESS PERMIT TO CARRY WEAPONS. The bill under 20 19 Code section 724.5 makes it a simple misdemeanor punishable by 20 20 a $10 scheduled fine if a person armed with a revolver, pistol, 20 21 or pocket billy concealed upon the person does not possess 20 22 the permit to carry weapons in the immediate possession of 20 23 the person, and fails to produce such permit for inspection 20 24 upon the request of a peace officer. The bill specifies that 20 25 a peace officer shall verify through electronic means, if 20 26 possible, the validity of the person's permit to carry weapons. 20 27 Current law provides that if a person commits such a violation 20 28 the person commits a simple misdemeanor. 20 29 HANDGUN SAFETY TRAINING COURSE. The bill provides in Code 20 30 section 724.9 that the handgun safety training course required 20 31 to obtain a permit to carry under Code section 724.11 may be 20 32 conducted over the internet in a live or web=based format, as 20 33 long as completion of the course is verified by the instructor 20 34 or provider of the course. 20 35 INITIAL PERMIT TO CARRY WEAPONS ==== TRAINING. The bill 21 1 specifies in Code section 724.11 that the training program 21 2 requirements in Code section 724.9(1) do not apply to an 21 3 applicant who is able to demonstrate completion of small 21 4 arms training as specified in Code section 724.9(1)(d). For 21 5 all other applicants the training program requirements in 21 6 Code section 724.9(1) must be satisfied within the 24=month 21 7 period prior to the date of the application for the issuance 21 8 of a permit. Current law specifies that the training program 21 9 requirements under Code section 724.9(1) must be satisfied 21 10 within the 12=month period prior to the application. A 21 11 corresponding amendment is made to Code section 724.7. 21 12 ISSUANCE OF PERMIT TO CARRY OR RENEWAL. Prior to issuing 21 13 any renewal of a permit to carry weapons, the sheriff or 21 14 commissioner under Code section 724.11 shall determine if the 21 15 requirements of Code sections 724.6, 724.7, 724.8, and 724.10 21 16 have been met. The bill provides for additional requirements 21 17 under certain circumstances. 21 18 The bill provides that beginning with the first renewal of 21 19 a permit issued after the calendar year 2010, and alternating 21 20 renewals thereafter, if a renewal applicant applies within 30 21 21 days prior to the expiration of the permit or within 30 days 21 22 after expiration of the permit, the training requirements of 21 23 Code section 724.9(1) do not apply. 21 24 The bill provides that beginning with the second renewal of 21 25 a permit issued after the calendar year 2010, and alternating 21 26 renewals thereafter, if a renewal applicant applies within 21 27 30 days prior to the expiration of the permit or within 30 21 28 days after expiration of the permit, a renewal applicant shall 21 29 qualify by taking an online training course certified by the 21 30 national rifle association or the Iowa law enforcement academy, 21 31 and the training program requirements of Code section 724.9(1) 21 32 do not apply. 21 33 If any renewal applicant applies more than 30 days after 21 34 the expiration of the permit, the bill specifies the training 21 35 program requirements in Code section 724.9(1) do apply to the 22 1 applicant. However, the bill specifies that the training 22 2 program requirements in Code section 724.9(1) do not apply to 22 3 a renewal applicant who is able to demonstrate completion of 22 4 small arms training as specified in Code section 724.9(1)(d). 22 5 For all other renewal applicants who have applied more than 22 6 30 days after the expiration of the permit, the bill allows, 22 7 in lieu of the training program requirements in Code section 22 8 724.9(1), the renewal applicant to choose to qualify on a 22 9 firing range under the supervision of an instructor certified 22 10 by the national rifle association or the department of public 22 11 safety or another state's department of public safety, state 22 12 police department, or similar certifying body. If a renewal 22 13 applicant applies more than 30 days after the expiration of the 22 14 permit, the bill specifies that any subsequent renewal shall be 22 15 considered a first renewal of the permit. 22 16 As an alternative, a renewal applicant, under the bill, may 22 17 choose to qualify at any renewal, under the training program 22 18 requirements in Code section 724.9(1), or the renewal applicant 22 19 may choose to qualify on a firing range under the supervision 22 20 of an instructor certified by the national rifle association 22 21 or the department of public safety or another state's 22 22 department of public safety, state police department, or 22 23 similar certifying body. Such training or qualification must 22 24 occur within the 24=month period prior to the expiration of 22 25 the applicant's current permit, except that the 24=month time 22 26 period limitation to complete the training or qualification 22 27 does not apply to an applicant who is able to demonstrate 22 28 completion of small arms training as specified in Code section 22 29 724.9(1)(d). 22 30 The bill specifies that the initial or renewal permit shall 22 31 have a uniform appearance, size, and content prescribed and 22 32 published by the commissioner of public safety. The bill 22 33 further specifies that the permit shall contain the name of 22 34 the permittee and the effective date of the permit, but shall 22 35 not contain the permittee's social security number. The bill 23 1 prohibits such a permit to be issued for a particular weapon or 23 2 to contain information about a particular weapon including the 23 3 make, model, or serial number of the weapon, or any ammunition 23 4 used in that weapon. 23 5 The bill does not increase or decrease the fee for a renewal 23 6 of a permit to carry weapons but does allow a renewal applicant 23 7 to pay the $25 renewal application fee if the renewal applicant 23 8 applies within 30 days prior to the expiration of the permit 23 9 or within 30 days after such expiration. Current law requires 23 10 that in order to be assessed the $25 renewal application fee, 23 11 the renewal applicant must apply at least 30 days prior to the 23 12 expiration of the permit to carry weapons. 23 13 PROHIBITED TRANSFERS OF FIREARMS. The bill strikes 23 14 the language of current Code section 724.16, relating to 23 15 transferring a pistol or revolver to a person without a 23 16 permit or acquiring a pistol or revolver without a permit and 23 17 substitutes language prohibiting the transfer of a firearm to 23 18 another person who does not possess a permit if the person 23 19 knows or reasonably should know the person is prohibited from 23 20 receiving or possessing a firearm under Code section 724.26 23 21 or federal law. The bill also provides that a person shall 23 22 not loan or rent a firearm to another person for temporary use 23 23 during lawful activities if the person knows or reasonably 23 24 should know the person is prohibited from receiving or 23 25 possessing a firearm under Code section 724.26 or federal 23 26 law. A person who violates this provision commits a class "D" 23 27 felony. 23 28 OPTIONAL PERMITS TO ACQUIRE FIREARMS. Current law provides 23 29 that any person who intends to purchase a pistol or revolver is 23 30 required to first obtain an annual permit to acquire pistols or 23 31 revolvers unless the person is otherwise exempt from obtaining 23 32 such a permit. The bill in Code section 724.15 eliminates this 23 33 type of mandatory permit and provides instead for an optional 23 34 permit to acquire firearms in order to satisfy the requirements 23 35 of federal law allowing the holder of such a permit to acquire 24 1 firearms from a federally licensed firearms dealer. A person 24 2 is not required to obtain a permit to acquire firearms to 24 3 purchase firearms from a federally licensed firearms dealer if 24 4 the person possesses a valid permit to carry weapons issued 24 5 in accordance with Iowa law or if the person has otherwise 24 6 completed a satisfactory national instant criminal background 24 7 check required by federal law to purchase firearms from a 24 8 federally licensed firearms dealer. 24 9 Under the bill, a person who applies for a permit to acquire 24 10 firearms is not eligible for the permit if the person is less 24 11 than 21 years of age or is prohibited by Code section 724.26 24 12 (felon in possession of a firearm), federal law, or court 24 13 order from possessing, shipping, transporting, or receiving a 24 14 firearm. 24 15 The bill in Code section 724.17 provides that an application 24 16 for a permit to acquire firearms is made to the sheriff of the 24 17 county of the applicant's residence. The photograph submitted 24 18 by an applicant need not be in color. A person may request 24 19 the sheriff to mail an application for a permit to acquire 24 20 firearms under Code section 724.18, and the bill requires the 24 21 sheriff to immediately forward the application to the person. 24 22 An applicant who is a United States citizen is only required to 24 23 provide certain basic identifying documentation. An applicant 24 24 who is not a United States citizen must provide additional 24 25 information and is subject to an immigration alien query 24 26 through a database maintained by the United States immigration 24 27 and customs enforcement. All applicants are subject to a 24 28 criminal history background check. Corresponding amendments 24 29 are made to Code sections 724.11A and 724.21. 24 30 The permit to acquire firearms is required under Code 24 31 section 724.19 to be issued to the applicant immediately 24 32 upon completion of the application unless the applicant is 24 33 disqualified. The permit shall have a uniform appearance, 24 34 size, and content, but shall not contain the permittee's 24 35 social security number. Such permits shall not be issued for 25 1 a particular weapon and shall not contain information about a 25 2 particular weapon including the make, model, or serial number 25 3 of the weapon, or any ammunition used in that weapon. 25 4 The bill in Code section 724.15 provides that the permit to 25 5 acquire firearms may be suspended or revoked by the issuing 25 6 officer and the aggrieved permit holder may file an appeal with 25 7 an administrative law judge. 25 8 Current law in Code section 724.17 provides that a person who 25 9 makes what the person knows to be a false statement of material 25 10 fact on an application for a permit to acquire firearms 25 11 or who submits what the person knows to be any materially 25 12 falsified or forged documentation in connection with such an 25 13 application commits a class "D" felony. Under the bill in Code 25 14 section 724.16 a person who transfers ownership of a firearm 25 15 to a person that the transferor knows is prohibited under 25 16 Code section 724.26 (felon in possession of a firearm) from 25 17 possessing, shipping, transporting, or receiving a firearm 25 18 commits a class "D" felony. 25 19 The bill makes a conforming change to Code section 724.27 25 20 relating to the restoration of firearms rights. 25 21 ISSUANCE OF OPTIONAL PERMIT TO ACQUIRE AND PERMIT TO 25 22 ACQUIRE. The bill provides in Code section 724.20 that an 25 23 optional permit to acquire a firearm shall be valid five years 25 24 from the date of the issuance of the permit. Current law 25 25 provides that a permit to acquire is valid three days after 25 26 the date of the application and becomes invalid one year 25 27 after the date of the application for the permit to acquire. 25 28 The bill specifies that the permit to acquire firearms shall 25 29 have a uniform appearance, size, and content prescribed and 25 30 published by the commissioner of public safety. The bill 25 31 further specifies that the permit shall contain the name of 25 32 the permittee and the effective date of permit, but shall not 25 33 contain the permittee's social security number. 25 34 DENIAL, SUSPENSION, OR REVOCATION ==== PERMIT TO CARRY 25 35 WEAPONS AND PERMIT TO ACQUIRE FIREARMS. If an applicant under 26 1 Code section 724.21A appeals the decision by the sheriff or 26 2 commissioner to deny an application, or suspend or revoke a 26 3 permit to carry weapons or a permit to acquire firearms, and 26 4 it is later determined the applicant is eligible to be issued 26 5 or possess such a permit, the bill provides that the applicant 26 6 shall be awarded court costs and reasonable attorney fees. 26 7 However, if the decision of the sheriff or commissioner to deny 26 8 the application, or suspend or revoke the permit is upheld on 26 9 appeal, the political subdivision of the state representing the 26 10 sheriff or the commissioner shall be awarded court costs and 26 11 reasonable attorney fees. 26 12 POSSESSION OF PISTOL, REVOLVER, OR AMMUNITION BY PERSONS 26 13 UNDER 14 YEARS OF AGE. Under the bill in Code section 26 14 724.22(5), a parent or guardian or spouse who is 21 years of 26 15 age or older, or an instructor 21 years of age or older with 26 16 the consent of the parent or guardian or spouse, may allow 26 17 a minor of any age to possess a pistol or revolver or the 26 18 ammunition therefor, which then may be lawfully used. Current 26 19 law prohibits a parent or guardian or spouse who is 21 years 26 20 of age or older from allowing a minor under 14 years of age 26 21 from possessing a pistol, revolver, or the ammunition. This 26 22 provision takes effect upon enactment. 26 23 Except for the circumstances under Code section 724.22(4) 26 24 (security personnel) or Code section 724.22(5), under current 26 25 law, a person who sells, loans, gives, or makes available a 26 26 pistol or revolver or ammunition for a pistol or revolver to a 26 27 person below the age of 21 commits a serious misdemeanor for a 26 28 first offense and a class "D" felony for second and subsequent 26 29 offenses. 26 30 PERMIT TO CARRY AND PERMIT TO ACQUIRE RECORDS ==== 26 31 CONFIDENTIALITY. Current law requires the commissioner of 26 32 public safety to maintain a permanent record of all valid 26 33 permits to carry weapons and of current permit revocations. 26 34 The bill provides in Code section 724.23 that, 26 35 notwithstanding any other law or rule to the contrary, the 27 1 commissioner of public safety and any issuing officer (county 27 2 sheriff) shall keep confidential personally identifiable 27 3 information of holders of nonprofessional permits to carry 27 4 weapons and permits to acquire firearms. The release of any 27 5 confidential information, except as otherwise provided in the 27 6 bill, requires a court order or the consent of the person 27 7 whose personally identifiable information is the subject of 27 8 the information request. The bill does not prohibit release 27 9 of statistical information relating to the issuance, denial, 27 10 revocation, or administration of nonprofessional permits 27 11 to carry weapons and permits to acquire firearms if such 27 12 information does not reveal the identity of any individual 27 13 permit holder, the release of information to a law enforcement 27 14 agency investigating a violation of law where probable cause 27 15 exists, the release for purposes of conducting a background 27 16 check, or the release of information relating to the validity 27 17 of a professional permit to carry weapons to an employer who 27 18 requires an employee or an agent of the employer to possess 27 19 a professional permit to carry weapons as part of the duties 27 20 of the employee or agent. This provision applies to holders 27 21 of nonprofessional permits to carry weapons and permits to 27 22 acquire firearms and to applicants for nonprofessional permits 27 23 to carry weapons and permits to acquire firearms on or after 27 24 the effective date of the bill. This provision takes effect 27 25 upon enactment. 27 26 FRAUDULENT PURCHASE OF FIREARMS OR AMMUNITION. The bill 27 27 provides that a person who knowingly solicits, persuades, 27 28 encourages, or entices a licensed firearms dealer or private 27 29 seller of firearms or ammunition to transfer a firearm or 27 30 ammunition under circumstances that the person knows would 27 31 violate the laws of this state or of the United States commits 27 32 a class "D" felony. A person who knowingly provides materially 27 33 false information to a licensed firearms dealer or private 27 34 seller of firearms or ammunition with the intent to deceive the 27 35 firearms dealer or seller about the legality of a transfer of a 28 1 firearm or ammunition commits a class "D" felony. Any person 28 2 who willfully procures another to engage in conduct prohibited 28 3 by this Code section shall be held accountable as a principal. 28 4 The Code section does not apply to a law enforcement officer 28 5 acting in the officer's official capacity or to a person acting 28 6 at the direction of such law enforcement officer. 28 7 This new Code section takes effect upon enactment. 28 8 RULES. The bill specifies that the department of public 28 9 safety shall adopt rules pursuant to Code chapter 17A to 28 10 administer Code chapter 724. LSB 1099HV (5) 86 jm/rj
