Bill Text: IA SF2252 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to identification markings on firearms and firearm parts, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-14 - Subcommittee: Schultz, Bolkcom, and Rowley. S.J. 278. [SF2252 Detail]
Download: Iowa-2021-SF2252-Introduced.html
Senate
File
2252
-
Introduced
SENATE
FILE
2252
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
identification
markings
on
firearms
and
1
firearm
parts,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
724.33
Identification
marks
on
1
firearms
——
manufacturing
firearms
——
penalties.
2
1.
As
used
in
this
section:
3
a.
“Antique
firearm”
means
the
same
as
the
term
is
defined
4
in
18
U.S.C.
§921.
5
b.
“Department”
means
the
department
of
public
safety.
6
c.
“Firearm”
means
the
same
as
the
term
is
defined
in
18
7
U.S.C.
§921.
8
d.
“Manufacture”
means
to
fabricate
or
construct
a
firearm,
9
including
the
initial
assembly.
10
e.
“Security
exemplar”
means
the
same
as
the
term
is
defined
11
in
18
U.S.C.
§922.
12
f.
“Unfinished
frame
or
lower
receiver”
means
a
blank,
13
casting,
or
machined
body
intended
to
be
turned
into
the
frame
14
or
lower
receiver
of
a
firearm,
with
additional
machining,
and
15
that
has
been
formed
or
machined
to
the
point
at
which
most
16
major
machining
operations
have
been
completed
to
turn
the
17
blank,
casting,
or
machined
body
into
a
frame
or
lower
receiver
18
of
a
firearm,
even
if
the
fire
control
cavity
area
of
such
19
blank,
casting,
or
machined
body
is
still
completely
solid
20
and
unmachined.
“Unfinished
frame
or
lower
receiver”
does
not
21
include
a
firearm.
22
2.
No
later
than
December
1,
2022,
the
department,
in
23
consultation
with
the
bureau
of
alcohol,
tobacco,
firearms,
24
and
explosives
as
necessary,
shall
develop
and
maintain
a
25
system
to
distribute
a
unique
serial
number
or
other
mark
of
26
identification
to
any
person
requesting
such
number
or
mark
27
pursuant
to
subsection
4
or
5.
The
department
shall
provide
28
notice
that
the
system
is
operational
by
posting
a
notification
29
on
the
department’s
internet
site
and
by
electronically
30
notifying
federally
licensed
firearms
dealers.
The
department
31
shall
maintain
identifying
information
of
the
person
requesting
32
the
number
or
mark
and
of
the
firearm
or
unfinished
frame
or
33
lower
receiver
for
which
each
number
or
mark
is
requested.
34
3.
No
person
shall
remove,
deface,
alter,
or
obliterate
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the
name
of
any
maker
or
model,
maker’s
number,
unique
serial
1
number,
or
other
mark
of
identification
on
any
firearm.
2
The
possession
of
any
firearm
upon
which
any
identifying
3
mark,
number,
or
name
has
been
removed,
defaced,
altered,
or
4
obliterated
shall
be
prima
facie
evidence
that
the
person
5
owning
or
in
possession
of
such
firearm
has
removed,
defaced,
6
altered,
or
obliterated
the
identifying
mark,
number,
or
name.
7
4.
a.
A
person
shall
not
complete
the
manufacture
of
a
8
firearm
without
subsequently
obtaining
a
unique
serial
number
9
or
other
mark
of
identification
from
the
department
pursuant
10
to
paragraph
“b”
and
engraving
upon
or
permanently
affixing
to
11
the
firearm
such
serial
number
or
other
mark
in
a
manner
that
12
conforms
with
the
requirements
imposed
on
licensed
importers
13
and
licensed
manufacturers
of
firearms
pursuant
to
18
U.S.C.
14
§923(i)
and
any
regulation
adopted
thereunder.
15
b.
No
later
than
thirty
days
after
a
person
completes
the
16
manufacture
of
a
firearm,
or
ninety
days
after
the
department
17
provides
notice
pursuant
to
subsection
2,
whichever
date
is
18
later,
the
person
shall
request
a
unique
serial
number
or
other
19
mark
of
identification
by
notifying
the
department
of
such
20
manufacture
and
providing
any
identifying
information
to
the
21
department
concerning
the
firearm
and
the
owner
of
such
firearm
22
in
a
manner
prescribed
by
the
department.
Upon
receiving
23
a
properly
submitted
request
for
a
unique
serial
number
or
24
other
mark
of
identification
from
a
person
who
completes
the
25
manufacture
of
a
firearm,
the
department
shall
determine
if
26
the
person
is
prohibited
from
purchasing
or
possessing
a
27
firearm.
If
the
person
is
not
prohibited
from
purchasing
or
28
possessing
a
firearm,
the
department
shall
issue
to
the
person
29
a
unique
serial
number
or
other
mark
of
identification
no
30
later
than
three
business
days
after
the
person
makes
such
31
request.
Issuance
of
a
unique
serial
number
or
other
mark
32
of
identification
pursuant
to
this
subsection
shall
not
be
33
considered
evidence
that
the
firearm
is
otherwise
lawfully
34
possessed.
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c.
A
person
shall
not
transfer
to
another
person
a
firearm
1
manufactured
in
violation
of
this
subsection.
2
d.
A
person
shall
not
facilitate,
aid,
or
abet
the
3
manufacture
of
a
firearm
by
a
person
or
for
a
person
who
is
4
otherwise
prohibited
by
law
from
purchasing
or
possessing
a
5
firearm,
or
that
a
person
is
otherwise
prohibited
by
law
from
6
purchasing
or
possessing.
7
e.
The
provisions
of
this
subsection
do
not
apply
to
the
8
manufacture
of
a
firearm
manufactured
using
an
unfinished
frame
9
or
lower
receiver
on
which
a
serial
number
or
other
identifying
10
mark
has
been
engraved
or
permanently
affixed
pursuant
to
11
subsection
5.
12
f.
The
provisions
of
this
subsection
do
not
apply
to
any
of
13
the
following:
14
(1)
The
manufacture
of
firearms
by
a
federally
licensed
15
firearms
manufacturer.
16
(2)
Any
antique
firearm
or
any
firearm
manufactured
prior
17
to
the
effective
date
of
this
Act,
provided
such
firearm
is
18
otherwise
lawfully
possessed.
19
(3)
The
delivery
or
transfer
of
a
firearm
to
a
law
20
enforcement
agency.
21
5.
a.
A
person
shall
not
sell,
deliver,
or
otherwise
22
transfer
an
unfinished
frame
or
lower
receiver
that
does
not
23
have
a
unique
serial
number
or
other
mark
of
identification
24
obtained
pursuant
to
the
system
developed
in
subsection
2.
25
b.
A
person
may
request
a
unique
serial
number
or
other
mark
26
of
identification
for
an
unfinished
frame
or
lower
receiver
27
by
providing
any
identifying
information
to
the
department
28
concerning
the
unfinished
frame
or
lower
receiver
and
the
29
owner
of
such
unfinished
frame
or
lower
receiver
in
a
manner
30
prescribed
by
the
department.
Upon
receiving
a
properly
31
submitted
request
for
a
unique
serial
number
or
other
mark
32
of
identification
for
an
unfinished
frame
or
lower
receiver,
33
the
department
shall
determine
if
the
person
is
prohibited
34
from
purchasing
or
possessing
a
firearm.
If
the
person
is
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not
prohibited
from
purchasing
or
possessing
a
firearm,
the
1
department
shall
issue
to
the
person
a
unique
serial
number
2
or
other
mark
of
identification
no
later
than
three
business
3
days
after
the
person
makes
such
request
or
ten
days
after
the
4
department
provides
notice
pursuant
to
subsection
2,
whichever
5
date
is
later.
6
c.
A
unique
serial
number
or
other
identifying
mark
obtained
7
pursuant
to
paragraph
“b”
shall
be
engraved
upon
or
permanently
8
affixed
to
the
unfinished
frame
or
lower
receiver
in
a
manner
9
that
conforms
with
the
requirements
imposed
on
licensed
10
importers
and
licensed
manufacturers
of
firearms
pursuant
to
18
11
U.S.C.
§923(i)
and
any
regulation
adopted
thereunder.
12
d.
A
person
may
arrange
in
advance
to
deliver
and
transfer
13
an
unfinished
frame
or
lower
receiver
to
the
department
or
to
a
14
police
department.
15
e.
On
or
after
December
1,
2022,
a
person
shall
not
possess
16
an
unfinished
frame
or
lower
receiver
unless
the
person
is
17
eligible
to
purchase
and
possess
a
firearm
under
state
and
18
federal
law.
19
f.
The
provisions
of
this
subsection
do
not
apply
to
the
20
sale,
delivery,
or
transfer
of
an
unfinished
frame
or
lower
21
receiver
between
any
of
the
following:
22
(1)
A
federally
licensed
firearms
manufacturer
and
a
23
federally
licensed
firearms
dealer.
24
(2)
A
federally
licensed
firearms
importer
and
a
federally
25
licensed
firearms
dealer.
26
(3)
Multiple
federally
licensed
firearms
dealers.
27
6.
A
person
shall
not
manufacture
any
firearm
from
polymer
28
plastic
that,
after
removal
of
grips,
stocks,
and
magazines,
29
is
not
as
detectable
as
a
security
exemplar
by
walk-through
30
metal
detectors
calibrated
and
operated
to
detect
the
security
31
exemplar.
32
7.
a.
Except
as
otherwise
provided
in
paragraph
“b”
,
a
33
person
who
violates
a
provision
of
this
section
commits
a
class
34
“C”
felony.
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b.
A
person
who
sells,
delivers,
or
otherwise
transfers
1
an
unfinished
frame
or
lower
receiver
in
violation
of
the
2
provisions
of
this
section
knowing
that
such
unfinished
frame
3
or
lower
receiver
is
stolen
or
that
the
manufacturer’s
number
4
or
other
mark
of
identification
on
such
unfinished
frame
or
5
lower
receiver
has
been
altered,
removed,
or
obliterated
6
commits
a
class
“B”
felony.
7
c.
Any
firearm
or
unfinished
frame
or
lower
receiver
8
possessed
in
violation
of
a
provision
of
this
section
shall
be
9
forfeited
to
the
department.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
identification
markings
on
firearms
and
14
firearm
parts.
15
The
bill
requires
the
department
of
public
safety
(DPS),
in
16
consultation
with
the
bureau
of
alcohol,
tobacco,
firearms,
and
17
explosives
as
necessary,
by
December
1,
2022,
to
develop
and
18
maintain
a
system
to
distribute
a
unique
serial
number
or
other
19
mark
of
identification
for
a
firearm
or
unfinished
frame
or
20
lower
receiver
intended
to
be
a
part
of
a
firearm
to
any
person
21
requesting
such
number
or
mark.
The
bill
prohibits
a
person
22
from
removing,
defacing,
altering,
or
obliterating
the
name
of
23
any
maker
or
model,
maker’s
number,
unique
serial
number,
or
24
other
mark
of
identification
on
any
firearm.
The
possession
of
25
any
firearm
upon
which
any
identifying
mark,
number,
or
name
26
has
been
removed,
defaced,
altered,
or
obliterated
shall
be
27
prima
facie
evidence
that
the
person
owning
or
in
possession
of
28
such
firearm
has
removed,
defaced,
altered,
or
obliterated
the
29
identifying
mark,
number,
or
name.
30
The
bill
prohibits
a
person
from
completing
the
manufacture
31
of
a
firearm
without
subsequently
obtaining
a
unique
serial
32
number
or
other
mark
of
identification
from
DPS
and
engraving
33
upon
or
permanently
affixing
to
the
firearm
such
serial
34
number
or
other
mark
in
a
manner
that
conforms
with
federal
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requirements.
The
bill
prohibits
a
person
from
transferring
1
to
another
person
a
firearm
manufactured
in
violation
of
the
2
bill
or
facilitating,
aiding,
or
abetting
the
manufacture
3
of
a
firearm
by
a
person
or
for
a
person
who
is
otherwise
4
prohibited
by
law
from
purchasing
or
possessing
a
firearm,
or
5
that
a
person
is
otherwise
prohibited
by
law
from
purchasing
6
or
possessing.
7
The
prohibitions
relating
to
the
manufacture
or
transfer
8
of
firearms
that
do
not
have
a
proper
identifying
mark
do
not
9
apply
to
the
manufacture
of
a
firearm
manufactured
using
an
10
unfinished
frame
or
lower
receiver
on
which
a
serial
number
11
or
other
identifying
mark
has
been
engraved
or
permanently
12
affixed;
to
the
manufacture
of
firearms
by
a
federally
licensed
13
firearms
manufacturer;
to
any
antique
firearm
or
any
firearm
14
manufactured
prior
to
the
effective
date
of
the
bill,
provided
15
such
firearm
is
otherwise
lawfully
possessed;
or
to
the
16
delivery
or
transfer
of
a
firearm
to
a
law
enforcement
agency.
17
The
bill
prohibits
a
person
from
selling,
delivering,
or
18
otherwise
transferring
an
unfinished
frame
or
lower
receiver
19
that
does
not
have
a
unique
serial
number
or
other
mark
of
20
identification
obtained
pursuant
to
the
bill.
Beginning
21
December
1,
2022,
a
person
shall
not
possess
an
unfinished
22
frame
or
lower
receiver
unless
the
person
is
eligible
to
23
purchase
and
possess
a
firearm
under
state
and
federal
law.
24
These
provisions
do
not
apply
to
the
sale,
delivery,
or
25
transfer
of
an
unfinished
frame
or
lower
receiver
between
26
a
federally
licensed
firearms
manufacturer
and
a
federally
27
licensed
firearms
dealer,
a
federally
licensed
firearms
28
importer
and
a
federally
licensed
firearms
dealer,
or
multiple
29
federally
licensed
firearms
dealers.
30
The
bill
prohibits
a
person
from
manufacturing
any
firearm
31
from
polymer
plastic
that,
after
removal
of
grips,
stocks,
32
and
magazines,
is
not
as
detectable
as
a
security
exemplar
by
33
walk-through
metal
detectors
calibrated
and
operated
to
detect
34
the
security
exemplar.
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Generally,
a
person
who
violates
a
provision
of
the
bill
1
commits
a
class
“C”
felony.
However,
a
person
who
sells,
2
delivers,
or
otherwise
transfers
an
unfinished
frame
or
lower
3
receiver
in
violation
of
the
provisions
of
the
bill
knowing
4
that
such
unfinished
frame
or
lower
receiver
is
stolen
or
that
5
the
manufacturer’s
number
or
other
mark
of
identification
on
6
such
unfinished
frame
or
lower
receiver
has
been
altered,
7
removed,
or
obliterated
commits
a
class
“B”
felony.
Any
8
firearm
or
unfinished
frame
or
lower
receiver
possessed
in
9
violation
of
the
bill
shall
be
forfeited
to
DPS.
10
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
11
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
12
$13,660.
A
class
“B”
felony
is
punishable
by
confinement
for
13
no
more
than
25
years.
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