Bill Text: IA SF457 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession and carrying of weapons and persons prohibited from possessing or receiving firearms due to mental health court orders or judgments and including effective date and applicability provisions. (Formerly SSB 1056.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF457 Detail]
Download: Iowa-2011-SF457-Introduced.html
Senate
File
457
-
Introduced
SENATE
FILE
457
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1056)
A
BILL
FOR
An
Act
relating
to
the
possession
and
carrying
of
weapons
and
1
persons
prohibited
from
possessing
or
receiving
firearms
due
2
to
mental
health
court
orders
or
judgments
and
including
3
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
483A.36,
Code
2011,
is
amended
to
read
1
as
follows:
2
483A.36
Manner
of
conveyance.
3
A
person
,
except
as
permitted
by
law,
shall
not
have
or
carry
4
a
gun
in
or
on
a
vehicle
on
a
public
highway,
unless
the
gun
is
5
taken
down
or
totally
contained
in
a
securely
fastened
case,
6
and
its
barrels
and
attached
magazines
are
unloaded.
7
Sec.
2.
Section
724.4C,
Code
2011,
is
amended
by
striking
8
the
section
and
inserting
in
lieu
thereof
the
following:
9
724.4C
Permit
to
carry
——
validity
——
intoxication.
10
1.
A
person,
who
carries
a
dangerous
weapon
of
a
type
or
11
in
a
manner
that
requires
the
person
to
hold
a
valid
permit
to
12
carry
weapons
under
circumstances
which
give
reasonable
grounds
13
to
believe
that
the
person
is
intoxicated,
is
deemed
to
have
14
given
consent
to
the
withdrawal
of
specimens
of
the
person’s
15
blood,
breath,
or
urine
and
to
a
chemical
test
or
tests
of
16
the
specimens
for
the
purpose
of
determining
the
alcohol
17
concentration
or
presence
of
a
controlled
substance
or
other
18
drugs.
19
2.
The
withdrawal
of
the
body
substances
and
the
test
or
20
tests
shall
be
administered
at
the
written
request
of
a
peace
21
officer
having
reasonable
grounds
to
believe
that
a
person,
22
who
carries
a
dangerous
weapon
of
a
type
or
in
a
manner
that
23
requires
a
person
to
hold
a
valid
permit
to
carry
weapons,
is
24
intoxicated.
25
3.
a.
The
peace
officer
shall
determine
which
of
the
three
26
substances,
breath,
blood,
or
urine,
shall
be
tested.
27
b.
Refusal
to
submit
to
a
chemical
test
of
urine
or
breath
28
is
deemed
a
refusal
to
submit.
A
refusal
to
submit
to
a
29
chemical
test
of
blood
is
not
deemed
a
refusal
to
submit,
but
30
in
that
case,
the
peace
officer
shall
then
determine
which
one
31
of
the
other
two
substances
shall
be
tested
and
shall
offer
the
32
test.
33
c.
If
the
peace
officer
fails
to
offer
a
test
within
two
34
hours
after
a
preliminary
screening
test
is
administered
or
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refused
or
the
arrest
is
made,
whichever
occurs
first,
a
person
1
shall
not
be
required
to
submit
to
a
test.
2
4.
Notwithstanding
subsection
3,
if
the
peace
officer
has
3
reasonable
grounds
to
believe
that
the
person
was
under
the
4
influence
of
a
controlled
substance,
a
drug
other
than
alcohol,
5
or
a
combination
of
alcohol
and
another
drug,
a
blood
or
urine
6
test
shall
be
required
even
after
another
type
of
test
has
been
7
administered.
Refusal
to
submit
to
a
chemical
test
of
urine
8
or
blood
requested
under
this
subsection
shall
be
considered
a
9
test
refusal.
10
5.
If
a
person
refuses
to
submit
to
chemical
testing,
a
test
11
shall
not
be
given,
and
the
peace
officer
who
requested
such
12
test
shall
properly
document
the
refusal,
and
upon
such
refusal
13
to
test,
a
weapons
permit
issued
under
this
chapter
shall
be
14
invalid.
15
Sec.
3.
Section
724.9,
subsection
2,
unnumbered
paragraph
16
1,
Code
2011,
is
amended
to
read
as
follows:
17
Evidence
of
qualification
under
this
section
subsection
1
18
may
be
documented
by
any
of
the
following:
19
Sec.
4.
Section
724.9,
Code
2011,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
2A.
In
addition
to
the
firearm
safety
22
requirement
in
subsection
1,
an
applicant
for
a
new
permit
to
23
carry
weapons
shall
qualify
on
a
firing
range
within
twelve
24
months
prior
to
the
application
under
the
supervision
of
an
25
instructor
certified
by
the
national
rifle
association
or
the
26
department
of
public
safety
or
another
state’s
department
of
27
public
safety,
state
police
department,
or
similar
certifying
28
body.
This
subsection
shall
not
apply
to
renewal
applications.
29
NEW
SUBSECTION
.
2B.
Firearm
training
courses
offered
30
through
the
internet
do
not
satisfy
the
training
requirements
31
set
forth
in
this
section.
32
Sec.
5.
Section
724.10,
subsection
2,
Code
2011,
is
amended
33
to
read
as
follows:
34
2.
The
issuing
officer,
upon
receipt
of
an
initial
a
new
35
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or
renewal
application
under
this
section
,
shall
immediately
1
conduct
a
background
check
concerning
each
applicant
by
2
obtaining
criminal
history
data
from
the
department
of
public
3
safety
which
shall
include
an
inquiry
of
the
national
instant
4
criminal
background
system
maintained
by
the
federal
bureau
of
5
investigation
or
any
successor
agency.
6
Sec.
6.
Section
724.11,
subsection
1,
Code
2011,
is
amended
7
to
read
as
follows:
8
1.
Applications
for
permits
to
carry
weapons
shall
be
made
9
to
the
sheriff
of
the
county
in
which
the
applicant
resides.
10
Applications
for
professional
permits
to
carry
weapons
for
11
persons
who
are
nonresidents
of
the
state,
or
whose
need
to
12
go
armed
arises
out
of
employment
by
the
state,
shall
be
made
13
to
the
commissioner
of
public
safety.
In
either
case,
the
14
sheriff
or
commissioner,
before
issuing
the
permit,
shall
15
determine
that
the
requirements
of
sections
724.6
to
724.10
16
have
been
satisfied.
However,
for
renewal
of
a
permit
the
17
training
program
requirements
in
section
724.9,
subsection
1,
18
shall
apply
or
the
renewal
applicant
may
choose
to
qualify
on
a
19
firing
range
under
the
supervision
of
an
instructor
certified
20
by
the
national
rifle
association
or
the
department
of
public
21
safety
or
another
state’s
department
of
public
safety,
state
22
police
department,
or
similar
certifying
body.
Such
training
23
or
qualification
must
occur
within
the
twelve-month
period
24
prior
to
the
expiration
of
the
applicant’s
current
permit.
25
Sec.
7.
Section
724.11,
subsection
4,
Code
2011,
is
amended
26
to
read
as
follows:
27
4.
The
sheriff
or
commissioner
of
public
safety
shall
28
approve
or
deny
an
initial
a
new
or
renewal
application
29
submitted
under
this
section
within
thirty
days
of
receipt
of
30
the
application.
A
person
whose
application
for
a
permit
under
31
this
chapter
is
denied
may
seek
review
of
the
denial
under
32
section
724.21A
.
The
failure
to
approve
or
deny
an
initial
33
a
new
or
renewal
application
shall
result
in
a
decision
of
34
approval.
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Sec.
8.
NEW
SECTION
.
724.20A
Criminal
trespass
——
carrying
1
weapons.
2
A
person
who
possesses
a
valid
permit
to
carry
weapons
who
3
is
convicted
of
a
second
or
subsequent
violation
of
section
4
716.8
due
to
the
carrying
of
weapons
where
prohibited
shall
be
5
subject
to
a
permit
revocation
period
of
one
year
from
the
date
6
of
the
conviction.
7
Sec.
9.
Section
724.31,
Code
2011,
is
amended
to
read
as
8
follows:
9
724.31
Persons
subject
to
mental
and
substance
abuse
10
health-related
orders
or
commitments
——
firearms
——
restoration
11
of
rights
——
reports
prohibited
from
possessing
or
receiving
12
firearms
——
mental
health
court
orders
or
judgments
——
relief
13
from
disabilities
——
report
.
14
1.
A
court
order
or
judgment
referred
to
in
subsection
2
15
that
results
in
a
prohibition
against
shipping,
possessing,
16
receiving,
or
transporting
or
causing
the
transport
of
firearms
17
or
ammunition
pursuant
to
18
U.S.C.
§
922(d)(4)
and
(g)(4)
18
shall
include
information
informing
the
person
who
is
the
19
subject
of
the
order
or
judgment
not
to
ship,
possess,
receive,
20
or
transport
or
cause
the
transport
of
firearms
or
ammunition.
21
The
clerk
of
the
district
court
shall
forward
only
such
22
information
as
is
necessary
to
identify
a
person
subject
to
an
23
order
in
subsection
2
such
order
or
judgment
to
the
department
24
of
public
safety,
which
in
turn
shall
forward
the
information
25
to
the
federal
bureau
of
investigation
or
its
successor
agency
26
for
the
sole
purpose
of
inclusion
in
the
national
instant
27
criminal
background
check
system
database.
28
2.
A
court
order
or
judgment
that
does
any
of
the
following
29
is
subject
to
this
section
:
30
a.
Orders
commitment
pursuant
to
section
125.84
.
31
b.
Orders
commitment
pursuant
to
section
222.31
.
32
c.
Orders
commitment
pursuant
to
section
229.14
.
33
d.
Finds
a
defendant
incompetent
to
stand
trial
pursuant
to
34
section
812.5
.
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e.
Appoints
a
guardian
or
conservator
pursuant
to
section
1
231E.6.
2
f.
Finds
a
defendant
not
guilty
by
reason
of
insanity
3
pursuant
to
section
701.4.
4
3.
a.
A
person
who
is
the
subject
of
a
court
order
listed
5
in
subsection
2
and
who
has
been
released
from
commitment
6
an
order
or
judgment
that
resulted
in
a
prohibition
against
7
shipping,
possessing,
receiving,
or
transporting
or
causing
8
the
transport
of
firearms
or
ammunition
pursuant
to
18
U.S.C.
9
§
922(d)(4)
and
(g)(4)
may
petition
the
court
that
issued
the
10
order
or
the
court
in
the
county
where
the
person
resides
no
11
earlier
than
two
years
from
the
date
of
the
issuance
of
the
12
order
for
relief
from
the
disabilities
imposed
by
18
U.S.C.
§
13
922(d)(4)
and
(g)(4)
if
all
of
the
following
apply:
14
(1)
The
order
or
judgment
was
issued
by
an
Iowa
court
.
15
(2)
The
petition
for
relief
from
disabilities
is
filed
at
16
least
two
years
after
the
issuance
of
the
order
or
judgment
17
that
resulted
in
a
prohibition
against
shipping,
possessing,
18
receiving,
or
transporting
or
causing
the
transport
of
firearms
19
or
ammunition
pursuant
to
18
U.S.C.
§
922(d)(4)
and
(g)(4).
20
b.
A
copy
of
the
petition
shall
also
be
served
on
the
21
director
of
human
services
and
the
county
attorney
at
the
22
county
attorney’s
office
of
the
county
in
which
the
original
23
order
occurred,
and
the
director
or
the
county
attorney
may
24
appear,
support,
object
to,
and
present
evidence
relevant
to
25
the
relief
sought
by
the
petitioner.
A
court
considering
a
26
petition
under
this
section
shall
receive
evidence
concerning
27
all
of
the
following:
28
(1)
The
circumstances
surrounding
the
original
issuance
29
of
the
order
in
subsection
2
or
judgment
that
resulted
in
30
a
prohibition
against
shipping,
possessing,
receiving,
or
31
transporting
or
causing
the
transport
of
firearms
or
ammunition
32
pursuant
to
18
U.S.C.
§
922
(d)(4)
and
(g)(4)
.
33
(2)
The
petitioner’s
record,
which
must
include,
at
a
34
minimum,
the
petitioner’s
mental
health
and
criminal
history.
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(3)
The
petitioner’s
reputation
and
,
developed,
at
a
1
minimum,
through
character
witness
statements,
testimony,
and
2
other
character
evidence
.
3
(4)
Any
changes
in
the
petitioner’s
condition
or
4
circumstances
since
the
issuance
of
the
order
in
subsection
5
2
or
judgment
that
resulted
in
a
prohibition
against
shipping,
6
possessing,
receiving,
or
transporting
or
causing
the
transport
7
of
firearms
or
ammunition
pursuant
to
18
U.S.C.
§
922(d)(4)
and
8
(g)(4)
that
are
relevant
to
the
relief
sought.
9
b.
c.
The
court
shall
grant
a
petition
filed
pursuant
to
10
paragraph
“a”
if
the
court
finds
by
a
preponderance
of
the
11
evidence
that
the
petitioner
will
not
be
likely
to
act
in
a
12
manner
dangerous
to
the
public
safety
and
that
the
granting
13
of
the
relief
would
not
be
contrary
to
the
public
interest.
14
The
petitioner
may
appeal
a
denial
of
the
requested
relief
and
15
the
review
shall
be
de
novo.
A
person
may
file
a
petition
16
for
relief
under
this
subsection
not
more
than
once
every
two
17
years.
18
c.
d.
If
a
court
issues
an
order
granting
a
petition
for
19
relief
under
paragraph
“b”
“c”
,
the
clerk
of
the
district
20
court
shall
immediately
forward
only
such
information
as
is
21
necessary
to
identify
a
person
granted
relief
to
the
department
22
of
public
safety
which,
upon
receipt,
shall
immediately
forward
23
such
information
as
is
necessary
to
the
federal
bureau
of
24
investigation
or
its
successor
agency
to
update
the
national
25
instant
criminal
background
check
system
database
with
the
26
relief
from
disabilities.
27
Sec.
10.
APPLICABILITY.
The
state
court
administrator
28
shall
coordinate
with
the
department
of
public
safety
to
29
forward
only
such
information
from
the
judicial
branch
as
30
is
necessary
to
identify
a
person
subject
to
an
order
or
31
judgment
specified
in
section
724.31,
subsection
2,
for
any
32
such
order
or
judgment
that
was
issued
prior
to
January
1,
33
2011,
and
which
is
available
electronically
in
the
Iowa
court
34
information
system.
Such
information
shall
be
forwarded
to
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the
department
of
public
safety,
which
in
turn
shall
forward
1
the
information
to
the
federal
bureau
of
investigation
or
its
2
successor
agency
for
the
sole
purpose
of
inclusion
in
the
3
national
instant
criminal
background
check
system
database,
as
4
soon
as
practical,
but
not
later
than
four
months
after
the
5
effective
date
of
this
Act.
Within
five
days
of
completion
of
6
the
forwarding
of
information
required
by
this
section
of
this
7
Act,
the
department
of
public
safety
shall
give
notice
to
the
8
Iowa
Code
editor
that
the
requirements
of
this
section
of
this
9
Act
have
been
fulfilled.
10
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
11
immediate
importance,
takes
effect
upon
enactment.
12
EXPLANATION
13
This
bill
relates
to
permits
to
carry
weapons
and
annual
14
permits
to
acquire
pistols
and
revolvers.
15
The
bill
provides
that
a
person
shall
not
have
or
carry
a
16
gun
in
or
on
a
vehicle
on
a
public
highway,
unless
the
gun
is
17
contained
in
a
securely
fastened
case,
and
its
barrels
and
18
attached
magazines
are
unloaded.
19
The
bill
provides
that
a
person,
who
carries
a
dangerous
20
weapon
of
a
type
or
in
a
manner
that
requires
the
person
to
hold
21
a
valid
permit
to
carry
weapons
under
circumstances
which
give
22
reasonable
grounds
to
believe
that
the
person
is
intoxicated,
23
is
deemed
to
have
given
consent
to
the
withdrawal
of
specimens
24
of
the
person’s
blood,
breath,
or
urine
and
to
a
chemical
test
25
or
tests
of
the
specimens
for
the
purpose
of
determining
the
26
alcohol
concentration
or
presence
of
a
controlled
substance
or
27
other
drugs.
The
withdrawal
of
the
body
substances
and
the
28
test
or
tests
shall
be
administered
at
the
written
request
of
29
a
peace
officer
having
reasonable
grounds
to
believe
that
a
30
person,
who
carries
a
dangerous
weapon
of
a
type
or
in
a
manner
31
that
requires
a
person
to
hold
a
valid
permit
to
carry
weapons,
32
is
intoxicated.
Refusal
to
submit
to
a
chemical
test
of
urine
33
or
breath
is
deemed
a
refusal
to
submit.
A
refusal
to
submit
34
to
a
chemical
test
of
blood
is
not
deemed
a
refusal
to
submit,
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but
in
that
case,
the
peace
officer
shall
then
determine
which
1
one
of
the
other
two
substances
shall
be
tested
and
shall
offer
2
the
test.
If
the
peace
officer
fails
to
offer
a
test
within
3
two
hours
after
a
preliminary
screening
test
is
administered
or
4
refused
or
the
arrest
is
made,
whichever
occurs
first,
a
person
5
shall
not
be
required
to
submit
to
a
test.
If
the
peace
officer
6
has
reasonable
grounds
to
believe
that
the
person
was
under
the
7
influence
of
a
controlled
substance,
a
drug
other
than
alcohol,
8
or
a
combination
of
alcohol
and
another
drug,
a
blood
or
urine
9
test
shall
be
required
even
after
another
type
of
test
has
10
been
administered.
Refusal
to
submit
to
such
a
chemical
test
11
of
urine
or
blood
shall
be
considered
a
test
refusal.
If
a
12
person
refuses
to
submit
to
chemical
testing,
a
test
shall
not
13
be
given,
and
the
peace
officer
who
requested
such
test
shall
14
document
the
refusal,
and
upon
such
refusal
to
test,
a
weapons
15
permit
issued
under
Code
chapter
724
shall
be
invalid.
16
The
bill
amends
current
firearm
training
requirements
an
17
applicant
for
a
new
permit
to
carry
weapons
must
satisfy
to
18
be
issued
a
permit
to
carry
weapons
under
Code
chapter
724
19
to
include
the
requirement
that
such
applicant
qualify
on
a
20
firing
range
within
12
months
prior
to
the
application
under
21
the
supervision
of
an
instructor
certified
by
the
national
22
rifle
association
or
the
department
of
public
safety
or
another
23
state’s
department
of
public
safety,
state
police
department,
24
or
similar
certifying
body.
This
requirement
applies
to
only
25
new
applicants
and
not
renewal
applicants.
The
bill
specifies
26
that
internet
firearm
training
courses
do
not
satisfy
the
27
firearm
training
requirements
in
Code
section
724.9.
28
The
bill
provides
that
a
person
who
possesses
a
valid
29
permit
to
carry
weapons,
and
who
is
convicted
of
a
second
or
30
subsequent
violation
of
Code
section
716.8
relating
to
trespass
31
due
to
the
carrying
of
weapons
where
prohibited,
shall
be
32
subject
to
a
permit
revocation
period
of
one
year
from
the
date
33
of
the
conviction.
34
The
bill
amends
Code
section
724.31
relating
to
prohibiting
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a
person
who
is
subject
to
a
mental
or
substance
abuse
related
1
court
order
or
commitment
order
from
shipping,
possessing,
2
receiving,
or
transporting
or
causing
the
transport
of
firearms
3
or
ammunition
pursuant
to
18
U.S.C.
§
922(d)(4)
and
(g)(4)
and
4
relating
to
the
restoration
of
the
person’s
right
to
ship,
5
possess,
receive,
or
transport,
or
cause
the
transport
of
6
firearms
or
ammunition
upon
the
person’s
petition
to
the
court
7
for
relief.
The
bill
includes
a
person
who
is
subject
to
a
8
guardianship
or
conservatorship
and
a
criminal
defendant
found
9
guilty
by
reason
of
insanity
as
persons
who
are
subject
to
the
10
current
prohibition
against
shipping,
possessing,
receiving,
or
11
transporting
or
causing
the
transport
of
firearms
or
ammunition
12
pursuant
to
18
U.S.C.
§
922(d)(4)
and
(g)(4).
The
bill
further
13
specifies
factors
required
for
a
petition
for
relief
as
well
as
14
factors
the
court
may
consider
in
determining
whether
to
grant
15
the
requested
relief.
16
The
bill
requires
the
state
court
administrator
to
17
coordinate
with
the
department
of
public
safety
to
forward
only
18
such
information
from
the
judicial
branch
as
is
necessary
to
19
identify
a
person
subject
to
an
order
or
judgment
specified
20
in
Code
section
724.31,
as
amended
in
the
bill,
for
any
such
21
order
or
judgment
that
was
issued
prior
to
January
1,
2011,
and
22
which
is
available
electronically
in
the
Iowa
court
information
23
system.
Such
information
shall
be
forwarded
to
the
department
24
of
public
safety,
which
in
turn
shall
forward
the
information
25
to
the
federal
bureau
of
investigation
for
inclusion
in
the
26
national
instant
criminal
background
check
system
database.
27
The
bill
also
requires
the
department
of
public
safety
to
give
28
notice
to
the
Iowa
Code
editor
that
such
requirements
have
been
29
fulfilled.
30
The
bill
takes
effect
upon
enactment.
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