Senate File 427 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1263)
A BILL FOR
1 An Act relating to the making, transferring, and possession of
2 firearms and suppressors, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 3. An applicant whose request for certification is denied
2 8 may appeal the decision of the chief law enforcement officer
2 9 to the district court for the county in which the applicant
2 10 resides or maintains an address of record. The court shall
2 11 review the decision of the chief law enforcement officer to
2 12 deny the certification de novo. If the court finds that the
2 13 applicant is not prohibited by law from making or transferring
2 14 the firearm suppressor, or is not the subject of a proceeding
2 15 that could result in such prohibition, or that no substantial
2 16 evidence supports the decision of the chief law enforcement
2 17 officer, the court shall order the chief law enforcement
2 18 officer to issue the certification and award court costs and
2 19 reasonable attorney fees to the applicant. If the court
2 20 determines the applicant is not eligible to be issued a
2 21 certification, the court shall award court costs and reasonable
2 22 attorney fees to the political subdivision of the state
2 23 representing the chief law enforcement officer.
2 24 4. In making a determination about whether to issue a
2 25 certification under subsection 2, a chief law enforcement
2 26 officer may conduct a criminal background check, but shall
2 27 only require the applicant provide as much information as is
2 28 necessary to identify the applicant for this purpose or to
2 29 determine the disposition of an arrest or proceeding relevant
2 30 to the eligibility of the applicant to lawfully possess or
2 31 receive a firearm suppressor. A chief law enforcement officer
2 32 shall not require access to or consent to inspect any private
2 33 premises as a condition of providing a certification under this
2 34 section.
2 35 5. A chief law enforcement officer and employees of the
3 1 chief law enforcement officer who act in good faith are immune
3 2 from liability arising from any act or omission in making a
3 3 certification as required by this section.
3 4 Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty.
3 5 1. A person shall not possess a firearm suppressor in this
3 6 state unless authorized by federal law.
3 7 2. A person who possesses a firearm suppressor in violation
3 8 of subsection 1 commits a class "D" felony.
3 9 EXPLANATION
3 10 The inclusion of this explanation does not constitute agreement with
3 11 the explanation's substance by the members of the general assembly.
3 12 This bill relates to the making, transferring, and
3 13 possession of firearms and suppressors.
3 14 Current Iowa law provides that a mechanical device
3 15 specifically constructed and designed so that when attached to
3 16 a firearm it silences, muffles, or suppresses the sound when
3 17 fired is an offensive weapon. Under Code section 724.3, any
3 18 person who knowingly possesses an offensive weapon commits a
3 19 class "D" felony, punishable by confinement for no more than
3 20 five years and a fine of at least $750 but not more than $7,500.
3 21 The bill strikes a provision in Code section 724.1(1)(h)
3 22 that classifies a firearm suppressor as an offensive weapon.
3 23 By striking this provision, a firearm suppressor is legal
3 24 to possess in the state. This provision takes effect upon
3 25 enactment.
3 26 The bill also creates in new Code section 724.1A, a process
3 27 whereby a person may apply to the chief law enforcement officer
3 28 of the jurisdiction where the person resides or maintains an
3 29 address of record for a certification to make or transfer a
3 30 firearm suppressor. The bill defines "firearm suppressor" to
3 31 mean a mechanical device specifically constructed and designed
3 32 so that when attached to a firearm silences, muffles, or
3 33 suppresses the sound when fired that is considered a "firearm
3 34 silencer" or "firearm muffler" as defined in 18 U.S.C. {921.
3 35 The bill specifies that a chief law enforcement officer
4 1 shall not refuse to provide certification, based on a
4 2 generalized objection, to an applicant making or transferring
4 3 a firearm suppressor. If a person applies for certification
4 4 to make or transfer a firearm suppressor with the chief
4 5 law enforcement officer, the bill requires the chief law
4 6 enforcement officer to issue the certification within 30
4 7 days of receiving such an application unless the applicant
4 8 is prohibited by law from making or transferring a firearm
4 9 suppressor or the applicant is the subject of a proceeding that
4 10 could result in the applicant being prohibited by law from
4 11 making or transferring a firearm suppressor. If the chief
4 12 law enforcement officer does not issue a certification under
4 13 the bill, the chief law enforcement officer shall provide the
4 14 applicant a written notification of the denial and the reason
4 15 for the denial. If the certification has been approved by the
4 16 chief law enforcement officer under the bill, the applicant
4 17 has the authority to make or transfer a firearm suppressor as
4 18 provided by state and federal law.
4 19 If the applicant's request for certification is denied,
4 20 the bill specifies that the applicant may appeal the decision
4 21 to the district court for the county in which the applicant
4 22 resides or maintains an address of record. The bill specifies
4 23 that the court shall review the decision of the chief law
4 24 enforcement officer to deny the certification de novo. If the
4 25 court finds that the applicant is not prohibited by law from
4 26 making or transferring a firearm suppressor, the bill requires
4 27 the court to order the chief law enforcement officer to issue
4 28 the certification and award court costs and reasonable attorney
4 29 fees to the applicant. If the court determines the applicant
4 30 is not eligible to be issued a certification, the bill requires
4 31 the court to award court costs and reasonable attorney fees to
4 32 the political subdivision of the state representing the chief
4 33 law enforcement officer.
4 34 In making a determination about whether to issue a
4 35 certification under the bill, a chief law enforcement officer
5 1 may conduct a criminal background check, but shall only require
5 2 the applicant to provide as much information as is necessary
5 3 to identify the applicant for this purpose or to determine
5 4 the disposition of an arrest or proceeding relevant to the
5 5 eligibility of the applicant to lawfully make or transfer a
5 6 firearm suppressor. The bill prohibits a chief law enforcement
5 7 officer from requiring access to any private premises as a
5 8 condition of providing a certification under this Code section.
5 9 A chief law enforcement officer and employees of the chief
5 10 law enforcement officer who act in good faith are immune
5 11 from liability arising from any act or omission in making a
5 12 certification under the bill.
5 13 The bill provides that a person shall not possess a firearm
5 14 suppressor unless authorized by federal law. A person who
5 15 violates this provision commits a class "D" felony.
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