House File 76 - Introduced
HOUSE FILE
BY HUNTER, ANDERSON,
ABDUL=SAMAD, and
OLDSON
A BILL FOR
1 An Act prohibiting the sale or transfer of semiautomatic
2 assault weapons, providing penalties, and including
3 effective date and applicability provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1229YH (3) 86
jm/rj
PAG LIN
1 1 Section 1. NEW SECTION. 724.1A Semiautomatic assault weapon
1 2 defined.
1 3 1. "Semiautomatic assault weapon" means any of the
1 4 following:
1 5 a. A semiautomatic rifle that has the capability to accept
1 6 a detachable ammunition magazine and that has any of the
1 7 following:
1 8 (1) A pistol grip or thumbhole stock.
1 9 (2) A forward grip or any feature capable of functioning as
1 10 a protruding grip that can be held by the nontrigger hand.
1 11 (3) A shroud attached to the barrel, or that partially or
1 12 completely encircles the barrel, allowing the user to hold the
1 13 firearm with the nontrigger hand without being burned, but
1 14 excluding a slide that encloses the barrel.
1 15 (4) A folding, telescoping, or detachable stock.
1 16 (5) A threaded barrel.
1 17 (6) A grenade launcher or rocket launcher.
1 18 b. A semiautomatic rifle that has a fixed magazine with the
1 19 capability to accept more than ten rounds of ammunition, except
1 20 for an attached tubular device designed to accept, and capable
1 21 of operating only with, .22 caliber rimfire ammunition.
1 22 c. Any part, combination of parts, component, device,
1 23 attachment, or accessory that is designed or functions to
1 24 accelerate the rate of fire of a semiautomatic rifle but not
1 25 convert the semiautomatic rifle into a machine gun.
1 26 d. A semiautomatic pistol that has the capability to accept
1 27 a detachable ammunition magazine and that has any of the
1 28 following:
1 29 (1) A second pistol grip or any feature capable of
1 30 functioning as a protruding grip that can be held by the
1 31 nontrigger hand.
1 32 (2) A shroud attached to the barrel, or that partially or
1 33 completely encircles the barrel, allowing the user to hold the
1 34 firearm with the nontrigger hand without being burned, but
1 35 excluding a slide that encloses the barrel.
2 1 (3) A threaded barrel.
2 2 (4) The capability to accept a detachable ammunition
2 3 magazine at any location outside the pistol grip.
2 4 e. A semiautomatic pistol that has a fixed magazine with the
2 5 capacity to accept more than ten rounds of ammunition.
2 6 f. A semiautomatic shotgun that has any of the following:
2 7 (1) The capability to accept a detachable ammunition
2 8 magazine.
2 9 (2) A pistol grip.
2 10 (3) A folding, telescoping, or detachable stock.
2 11 (4) A fixed ammunition magazine that has the capability to
2 12 accept more than five rounds of ammunition.
2 13 (5) A forward grip.
2 14 (6) A grenade launcher or rocket launcher.
2 15 g. A shotgun with a revolving cylinder.
2 16 h. A conversion kit, part, or combination of parts, from
2 17 which a semiautomatic assault weapon can be assembled if the
2 18 parts are in the possession of or under the control of the same
2 19 person.
2 20 i. A frame or receiver that is identical to, or based
2 21 substantially on, the frame or receiver of a semiautomatic
2 22 assault weapon described in paragraph "a", "b", "d", or "e".
2 23 2. "Semiautomatic assault weapon" does not include any of
2 24 the following:
2 25 a. A firearm that is manually operated by a bolt, pump,
2 26 lever, or slide action.
2 27 b. A firearm that has been rendered permanently inoperable.
2 28 Sec. 2. NEW SECTION. 724.22A Sale or transfer of
2 29 semiautomatic assault weapons.
2 30 A person who sells or transfers a semiautomatic assault
2 31 weapon to another person commits a class "D" felony for a first
2 32 offense and a class "C" felony for a second or subsequent
2 33 offense.
2 34 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
2 35 immediate importance, takes effect upon enactment.
3 1 Sec. 4. APPLICABILITY. This Act applies to the sale or
3 2 transfer of a semiautomatic assault weapon sold or transferred
3 3 on or after the effective date of this Act.
3 4 EXPLANATION
3 5 The inclusion of this explanation does not constitute agreement with
3 6 the explanation's substance by the members of the general assembly.
3 7 This bill prohibits the sale or transfer of semiautomatic
3 8 assault weapons, provides penalties, and includes effective
3 9 date and applicability provisions.
3 10 The bill provides that a person who sells or transfers a
3 11 semiautomatic assault weapon to another person commits a class
3 12 "D" felony for a first offense and a class "C" felony for a
3 13 second or subsequent offense. A class "D" felony is punishable
3 14 by confinement for no more than five years and a fine of at
3 15 least $750 but not more than $7,500. A class "C" felony is
3 16 punishable by confinement for no more than 10 years and a fine
3 17 of at least $1,000 but not more than $10,000.
3 18 The bill defines a semiautomatic assault weapon to include
3 19 a semiautomatic rifle, pistol, or shotgun with certain
3 20 characteristics, a shotgun with certain characteristics, a
3 21 conversion kit, part, or combination of parts from which a
3 22 semiautomatic weapon can be assembled, and a frame or receiver
3 23 that is identical to or based substantially on the frame or
3 24 receiver or a semiautomatic assault weapon. The bill excludes
3 25 a firearm that is manually operated by a bolt, pump, lever, or
3 26 slide action and a firearm that has been rendered permanently
3 27 inoperable from the definition of a semiautomatic assault
3 28 weapon.
3 29 The bill takes effect upon enactment and applies to the
3 30 sale or transfer of a semiautomatic assault weapon sold or
3 31 transferred on or after the effective date of the bill.
LSB 1229YH (3) 86
jm/rj