House File 2145 - Introduced
HOUSE FILE
BY STAED, MASCHER, and
BROWN=POWERS
A BILL FOR
1 An Act relating to the issuance, denial, suspension, or
2 revocation of a permit to carry weapons.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 724.7, subsection 1, Code 2018, is
1 2 amended to read as follows:
1 3 1. Any person who is not disqualified under section 724.8,
1 4 who satisfies the training requirements of section 724.9,
1 5 and who files an application in accordance with section
1 6 724.10 shall may be issued a nonprofessional permit to carry
1 7 weapons. Such permits shall be on a form prescribed and
1 8 published by the commissioner of public safety, which shall
1 9 be readily distinguishable from the professional permit, and
1 10 shall identify the holder of the permit. Such permits shall
1 11 not be issued for a particular weapon and shall not contain
1 12 information about a particular weapon including the make,
1 13 model, or serial number of the weapon or any ammunition used
1 14 in that weapon. All permits so issued shall be for a period of
1 15 five years and shall be valid throughout the state except where
1 16 the possession or carrying of a firearm is prohibited by state
1 17 or federal law.
1 18 Sec. 2. Section 724.11, subsection 1, Code 2018, is amended
1 19 to read as follows:
1 20 1. Applications for permits to carry weapons shall be made
1 21 to the sheriff of the county in which the applicant resides.
1 22 Applications for professional permits to carry weapons for
1 23 persons who are nonresidents of the state, or whose need to
1 24 go armed arises out of employment by the state, shall be made
1 25 to the commissioner of public safety. In either case, the
1 26 issuance of the permit shall be by and at the discretion of the
1 27 sheriff or commissioner, who shall, before issuing the permit,
1 28 shall determine that the requirements of sections 724.6 to
1 29 724.10 have been satisfied. A renewal applicant shall apply
1 30 within thirty days prior to the expiration of the permit,
1 31 or within thirty days after the expiration of the permit;
1 32 otherwise the applicant shall be considered an applicant for an
1 33 initial permit for purposes of renewal fees under subsection 3.
1 34 Sec. 3. Section 724.13, subsection 1, Code 2018, is amended
1 35 to read as follows:
2 1 1. An issuing officer who finds that a person issued a
2 2 permit to carry weapons under this chapter has been arrested
2 3 for a disqualifying offense, or is the subject of proceedings
2 4 that could lead to the person's ineligibility for such permit,
2 5 or determines the conditions for the issuance of such permit
2 6 no longer exist, may immediately suspend such permit. An
2 7 issuing officer proceeding under this section shall immediately
2 8 notify the permit holder of the suspension by personal service
2 9 or certified mail on a form prescribed and published by the
2 10 commissioner of public safety and the suspension shall become
2 11 effective upon the permit holder's receipt of such notice. If
2 12 the suspension is based on an arrest or a proceeding that does
2 13 not result in a disqualifying conviction or finding against
2 14 the permit holder, the issuing officer shall immediately
2 15 reinstate the permit upon receipt of proof of the matter's
2 16 final disposition. If the arrest leads to a disqualifying
2 17 conviction or the proceedings to a disqualifying finding, the
2 18 issuing officer shall revoke the permit. The issuing officer
2 19 may also revoke the permit of a person whom the issuing officer
2 20 later finds was not qualified for such a permit at the time
2 21 of issuance, or who the officer finds provided materially
2 22 false information on the permit application, or if the officer
2 23 determines that the conditions for the issuance of such
2 24 permit no longer exist. A person aggrieved by a suspension or
2 25 revocation under this section may seek review of the decision
2 26 pursuant to section 724.21A.
2 27 Sec. 4. Section 724.21A, subsection 8, Code 2018, is amended
2 28 to read as follows:
2 29 8. If an applicant or permit holder appeals the decision
2 30 by the sheriff or commissioner to deny an application for or
2 31 suspend or revoke a permit to carry weapons or a permit to
2 32 acquire pistols or revolvers, and it is later determined on
2 33 appeal the applicant or permit holder is eligible to be issued
2 34 or possess a permit to carry weapons or a permit to acquire
2 35 pistols or revolvers, the applicant or permit holder shall
3 1 be awarded court costs and reasonable attorney fees. If the
3 2 decision of the sheriff or commissioner to deny an application
3 3 for or suspend or revoke a permit to carry weapons or a permit
3 4 to acquire pistols or revolvers is upheld on appeal, or the
3 5 applicant or permit holder withdraws or dismisses the appeal,
3 6 the political subdivision of the state representing the sheriff
3 7 or the state department representing the commissioner shall be
3 8 awarded court costs and reasonable attorney fees.
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 issuance, denial, suspension, or
3 13 revocation of a permit to carry weapons.
3 14 Current law provides that the issuing officer (county
3 15 sheriff or commissioner of public safety) shall issue a permit
3 16 to carry weapons to an applicant unless the applicant does
3 17 not meet certain requirements of Code chapter 724 (weapons).
3 18 The bill allows the issuing officer to deny the issuance of
3 19 a permit to carry weapons at the discretion of the issuing
3 20 officer even if the applicant meets the other requirements of
3 21 Code chapter 724.
3 22 The bill allows the issuing officer to suspend or revoke a
3 23 permit to carry weapons if the issuing officer determines the
3 24 conditions for the issuance of the permit to carry weapons no
3 25 longer exist.
3 26 The bill strikes language that requires the issuing officer
3 27 to reinstate a permit to carry weapons if the suspension of
3 28 the permit is based upon an arrest or proceeding that does not
3 29 result in a disqualifying conviction or finding against the
3 30 permit holder.
3 31 Under current law, a person who appeals the decision by
3 32 the issuing officer to deny an application for a permit to
3 33 carry weapons or who suspends or revokes a permit to carry
3 34 weapons, and it is later determined on appeal that the person
3 35 is eligible to be issued or possess a permit to carry weapons,
4 1 the person shall be awarded court costs and reasonable attorney
4 2 fees, and if the person loses or withdraws such an appeal, the
4 3 government shall be awarded court costs and reasonable attorney
4 4 fees. The bill strikes the provision relating to awarding
4 5 court costs and reasonable attorney fees to the prevailing
4 6 party in an appeal for the denial, suspension, or revocation of
4 7 a permit to carry weapons, but does not strike the provision
4 8 allowing for such an appeal.
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