close

Privacy guaranteed - Your email is not shared with anyone.

A small victory for Iowa, SF2379 ready for Governor to sign.

Discussion in 'The Okie Corral' started by diggy485, Mar 29, 2010.

  1. diggy485

    diggy485

    Messages:
    975
    Likes Received:
    174
    Joined:
    Feb 13, 2010
    Location:
    Iowa
    Here in Iowa the N.R.A, "shall issue" bill passed House and Senate. This bill is on it's way to Governor Chet Culver to sign..A small Victory for Iowa..
    http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&ga=83&hbill=SF2379
    Full bill^^^^link

    Senate File 2379 - Reprinted




    SENATE FILE
    BY GRONSTAL

    (COMPANION TO 6267YH
    by McCARTHY)

    (As Amended and Passed by the Senate March 27, 2010)

    A BILL FOR

    1 An Act relating to permits to carry weapons and permits to
    2 acquire pistols and revolvers including the dissemination of
    3 information relating to persons suffering from mental and
    4 substance abuse health=related disorders and the possession
    5 of firearms and providing penalties and an effective date.
    6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    SF 2379 (5) 83
    rh/rj/jh

    PAG LIN



    1 1 Section 1. Section 229.24, subsection 1, Code 2009, is
    1 2 amended to read as follows:
    1 3 1. All papers and records pertaining to any involuntary
    1 4 hospitalization or application for involuntary hospitalization
    1 5 of any person under this chapter, whether part of the permanent
    1 6 record of the court or of a file in the department of human
    1 7 services, are subject to inspection only upon an order of the
    1 8 court for good cause shown. Nothing in this section shall
    1 9 prohibit a hospital from complying with the requirements
    1 10 of this chapter and of chapter 230 relative to financial
    1 11 responsibility for the cost of care and treatment provided
    1 12 a patient in that hospital, nor from properly billing any
    1 13 responsible relative or third=party payer for such care and
    1 14 treatment.
    1 15 Sec. 2. Section 229.24, Code 2009, is amended by adding the
    1 16 following new subsection:
    1 17 NEW SUBSECTION. 4. This section shall not prohibit any of
    1 18 the following:
    1 19 a. A hospital from complying with the requirements of this
    1 20 chapter and of chapter 230 relative to financial responsibility
    1 21 for the cost of care and treatment provided a patient in that
    1 22 hospital or from properly billing any responsible relative or
    1 23 third=party payer for such care or treatment.
    1 24 b. A court or the department of public safety from
    1 25 forwarding to the federal bureau of investigation information
    1 26 that a person has been disqualified from possessing, shipping,
    1 27 transporting, or receiving a firearm pursuant to section
    1 28 724.31.
    1 29 Sec. 3. Section 602.8102, Code 2009, is amended by adding
    1 30 the following new subsection:
    1 31 NEW SUBSECTION. 125A. Forward information that a person
    1 32 has been disqualified from possessing, shipping, transporting,
    1 33 or receiving a firearm pursuant to section 724.31 to the
    1 34 department of public safety.
    1 35 Sec. 4. NEW SECTION. 724.4C Possession or carrying of
    2 1 firearms while under the influence.
    2 2 A permit issued under this chapter is invalid if the person
    2 3 to whom the permit is issued is intoxicated as provided in
    2 4 section 321J.2, subsection 1.
    2 5 Sec. 5. Section 724.7, Code 2009, is amended to read as
    2 6 follows:
    2 7 724.7 Nonprofessional permit to carry weapons.
    2 8 Any person who can reasonably justify going armed may is
    2 9 not disqualified under section 724.8, who satisfies the
    2 10 training requirements of section 724.9, and who files an
    2 11 application in accordance with section 724.10 shall
    be issued a
    2 12 nonprofessional permit to carry weapons. Such permits shall
    2 13 be on a form prescribed and published by the commissioner of
    2 14 public safety, which shall be readily distinguishable from the
    2 15 professional permit, and shall identify the holder thereof, and
    2 16 state the reason for the issuance of the permit, and the limits
    2 17 of the authority granted by such permit of the permit. Such
    2 18 permits shall not be issued for a particular weapon and shall
    2 19 not contain information about a particular weapon including the
    2 20 make, model, or serial number of the weapon or any ammunition
    2 21 used in that weapon.
    All permits so issued shall be for a
    2 22 definite period as established by the issuing officer, but in
    2 23 no event shall exceed a period of twelve months five years and
    2 24 shall be valid throughout the state except where the possession
    2 25 or carrying of a firearm is prohibited by state or federal law
    .
    2 26 Sec. 6. Section 724.8, Code 2009, is amended to read as
    2 27 follows:
    2 28 724.8 Persons eligible for permit to carry weapons.
    2 29 No person shall be issued a professional or nonprofessional
    2 30 permit to carry weapons unless shall be issued to a person who
    2 31 is subject to any of the following:
    2 32 1. The person is Is less than eighteen years of age or
    2 33 older for a professional permit or less than twenty=one years
    2 34 of age for a nonprofessional permit.
    2 35 2. The person has never been convicted of a felony.
    3 1 3. 2. The person is not Is addicted to the use of alcohol
    3 2 or any controlled substance.
    3 3 4. 3. The person has no history of repeated acts of
    3 4 violence. Probable cause exists to believe, based upon
    3 5 documented specific actions of the person, where at least one
    3 6 of the actions occurred within two years immediately preceding
    3 7 the date of the permit application, that the person is likely
    3 8 to use a weapon unlawfully or in such other manner as would
    3 9 endanger the person's self or others.

    3 10 5. The issuing officer reasonably determines that the
    3 11 applicant does not constitute a danger to any person.
    3 12 4. Is subject to the provisions of section 724.26.
    3 13 6. 5. The person has never Has, within the previous three
    3 14 years, been convicted of any crime serious or aggravated
    3 15 misdemeanor defined in chapter 708, except "assault" as defined
    3 16 in section 708.1 and "harassment" as defined in section 708.7
    3 17 not involving the use of a firearm or explosive.
    3 18 6. Is prohibited by federal law from shipping,
    3 19 transporting, possessing, or receiving a firearm.
    3 20 Sec. 7. Section 724.9, Code 2009, is amended by striking the
    3 21 section and inserting in lieu thereof the following:
    3 22 724.9 Firearm training program.
    3 23 1. An applicant shall demonstrate knowledge of firearm
    3 24 safety by any of the following means:
    3 25 a. Completion of any national rifle association handgun
    3 26 safety training course.
    3 27 b. Completion of any handgun safety training course
    3 28 available to the general public offered by a law enforcement
    3 29 agency, community college, college, private or public
    3 30 institution or organization, or firearms training school,
    3 31 utilizing instructors certified by the national rifle
    3 32 association or the department of public safety or another
    3 33 state's department of public safety, state police department,
    3 34 or similar certifying body.
    3 35 c. Completion of any handgun safety training course offered
    4 1 for security guards, investigators, special deputies, or any
    4 2 division or subdivision of a law enforcement or security
    4 3 enforcement agency approved by the department of public safety.
    4 4 d. Completion of small arms training while serving with the
    4 5 armed forces of the United States as evidenced by any of the
    4 6 following:
    4 7 (1) For personnel released or retired from active duty,
    4 8 possession of an honorable discharge or general discharge under
    4 9 honorable conditions.
    4 10 (2) For personnel on active duty or serving in one of the
    4 11 national guard or reserve components of the armed forces of the
    4 12 United States, possession of a certificate of completion of
    4 13 basic training with a service record of successful completion
    4 14 of small arms training and qualification.
    4 15 e. Completion of a law enforcement agency firearms training
    4 16 course that qualifies a peace officer to carry a firearm in the
    4 17 normal course of the peace officer's duties.
    4 18 2. Evidence of qualification under this section may be
    4 19 documented by any of the following:
    4 20 a. A photocopy of a certificate of completion or any
    4 21 similar document indicating completion of any course or class
    4 22 identified in subsection 1.
    4 23 b. An affidavit from the instructor, school, organization,
    4 24 or group that conducted or taught a course or class identified
    4 25 in subsection 1 attesting to the completion of the course or
    4 26 class by the applicant.
    4 27 c. A copy of any document indicating participation in any
    4 28 firearms shooting competition.
    4 29 3. An issuing officer shall not condition the issuance of a
    4 30 permit on training requirements that are not specified in or
    4 31 that exceed the requirements of this section.
    4 32 Sec. 8. Section 724.10, Code 2009, is amended to read as
    4 33 follows:
    4 34 724.10 Application for permit to carry weapons == criminal
    4 35 history background check required.
    5 1 1. A person shall not be issued a permit to carry weapons
    5 2 unless the person has completed and signed an application on
    5 3 a form to be prescribed and published by the commissioner of
    5 4 public safety. The application shall state require only the
    5 5 full name, driver's license or nonoperator's identification
    5 6 card number, residence, place of birth, and age date of
    5 7 birth of the applicant, and shall state whether the applicant
    5 8 has ever been convicted of a felony, whether the person is
    5 9 addicted to the use of alcohol or any controlled substance,
    5 10 and whether the person has any history of mental illness
    5 11 or repeated acts of violence meets the criteria specified
    5 12 in sections 724.8 and 724.9. An applicant may provide the
    5 13 applicant's social security number if the applicant so
    5 14 chooses.
    The applicant shall also display an identification
    5 15 card that bears a distinguishing number assigned to the
    5 16 cardholder, the full name, date of birth, sex, residence
    5 17 address, and a brief description and colored photograph of the
    5 18 cardholder.
    5 19 2. The sheriff issuing officer, upon receipt of an
    5 20 initial or renewal application under this section, shall
    5 21 conduct immediately conduct a criminal history background check
    5 22 concerning each applicant by obtaining criminal history data
    5 23 from the department of public safety which shall include an
    5 24 inquiry of the national instant criminal background system
    5 25 maintained by the federal bureau of investigation or any
    5 26 successor agency
    .
    5 27 3. A person who knowingly makes what the person knows to
    5 28 be a false statement of material fact on the an application
    5 29 submitted under this section or who submits what the person
    5 30 knows to be any materially falsified or forged documentation in
    5 31 connection with such an application
    commits a class "D" felony.
    5 32 Sec. 9. Section 724.11, Code 2009, is amended to read as
    5 33 follows:
    5 34 724.11 Issuance of permit to carry weapons.
    5 35 1. Applications for permits to carry weapons shall be made
    6 1 to the sheriff of the county in which the applicant resides.
    6 2 Applications from for professional permits to carry weapons
    6 3 for persons who are nonresidents of the state, or whose need
    6 4 to go armed arises out of employment by the state, shall be
    6 5 made to the commissioner of public safety. In either case,
    6 6 the issuance of the permit shall be by and at the discretion
    6 7 of the sheriff or commissioner, who shall, before issuing the
    6 8 permit, shall determine that the requirements of sections
    6 9 724.6 to 724.10 have been satisfied. However, for renewal of
    6 10 a permit the training program requirements in section 724.9
    6 11 may be waived for renewal permits, subsection 1, shall apply
    6 12 or the renewal applicant may choose to qualify on a firing
    6 13 range under the supervision of an instructor certified by the
    6 14 national rifle association or the department of public safety
    6 15 or another state's department of public safety, state police
    6 16 department, or similar certifying body. Such training or
    6 17 qualification must occur within the twelve=month period prior
    6 18 to the expiration of the applicant's current permit
    .
    6 19 1A. Neither the sheriff nor the commissioner shall
    6 20 require an applicant for a permit to carry weapons to provide
    6 21 information identifying a particular weapon in the application
    6 22 including the make, model, or serial number of the weapon or
    6 23 any ammunition used in that particular weapon.

    6 24 2. The issuing officer shall collect a fee of ten fifty
    6 25 dollars, except from a duly appointed peace officer or
    6 26 correctional officer, for each permit issued. Renewal
    6 27 permits or duplicate permits shall be issued for a fee of
    6 28 five twenty=five dollars, provided the application for such
    6 29 renewal permit is received by the issuing officer at least
    6 30 thirty days prior to the expiration of the applicant's current
    6 31 permit
    . The issuing officer shall notify the commissioner
    6 32 of public safety of the issuance of any permit at least
    6 33 monthly and forward to the commissioner an amount equal to
    6 34 two ten dollars for each permit issued and one dollar five
    6 35 dollars for each renewal or duplicate permit issued. All
    7 1 such fees received by the commissioner shall be paid to the
    7 2 treasurer of state and deposited in the operating account
    7 3 of the department of public safety to offset the cost of
    7 4 administering this chapter. Any Notwithstanding section 8.33,
    7 5 any unspent balance as of June 30 of each year shall not revert
    7 6 to the general fund as provided by section 8.33 of the state.
    7 7 3. The sheriff or commissioner of public safety shall
    7 8 approve or deny an initial or renewal application submitted
    7 9 under this section within thirty days of receipt of the
    7 10 application. A person whose application for a permit under
    7 11 this chapter is denied may seek review of the denial under
    7 12 section 724.21A. The failure to approve or deny an initial or
    7 13 renewal application shall result in a decision of approval.

    7 14 Sec. 10. NEW SECTION. 724.11A Recognition.
    7 15 A valid permit or license issued by another state to any
    7 16 nonresident of this state shall be considered to be a valid
    7 17 permit or license to carry weapons issued pursuant to this
    7 18 chapter, except that such permit or license shall not be
    7 19 considered to be a substitute for an annual permit to acquire
    7 20 pistols or revolvers issued pursuant to section 724.15.
    7 21 Sec. 11. Section 724.13, Code 2009, is amended by striking
    7 22 the section and inserting in lieu thereof the following:
    7 23 724.13 Suspension or revocation of permit to carry weapons ==
    7 24 criminal history background check.
    7 25 An issuing officer who finds that a person issued a permit
    7 26 to carry weapons under this chapter has been arrested for a
    7 27 disqualifying offense or is the subject of proceedings that
    7 28 could lead to the person's ineligibility for such permit may
    7 29 immediately suspend such permit. An issuing officer proceeding
    7 30 under this section shall immediately notify the permit holder
    7 31 of the suspension by personal service or certified mail on a
    7 32 form prescribed and published by the commissioner of public
    7 33 safety and the suspension shall become effective upon the
    7 34 permit holder's receipt of such notice. If the suspension is
    7 35 based on an arrest or a proceeding that does not result in a
    8 1 disqualifying conviction or finding against the permit holder,
    8 2 the issuing officer shall immediately reinstate the permit upon
    8 3 receipt of proof of the matter's final disposition. If the
    8 4 arrest leads to a disqualifying conviction or the proceedings
    8 5 to a disqualifying finding, the issuing officer shall revoke
    8 6 the permit. The issuing officer may also revoke the permit of
    8 7 a person whom the issuing officer later finds was not qualified
    8 8 for such a permit at the time of issuance or who the officer
    8 9 finds provided materially false information on the permit
    8 10 application. A person aggrieved by a suspension or revocation
    8 11 under this section make seek review of the decision pursuant
    8 12 to section 724.21A.
    8 13 The issuing officer may annually conduct a background check
    8 14 concerning a person issued a permit by obtaining criminal
    8 15 history data from the department of public safety.
    8 16 Sec. 12. Section 724.15, Code 2009, is amended to read as