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BREAKING NEWS

House File 2613 – Act relating to issuance of permits to carry weapons

By Staff | Mar 22, 2008

Editor’s note: Since there appears to have been some confusion over the content of House File 2613, which addresses the authority to issue right-to-carry permits, we are publishing the bill in its entirety. This bill has become a topic of discussion in the current Emmet County sheriff’s race.

We ask the readers of the Estherville Daily News to register their opinions by taking the on-line readers’ poll at esthervilledailynews.com or cast your ballot at the Daily News office.

House File 2613

A BILL FOR

1 An Act relating to the issuance of permits to carry weapons and

2 providing an effective date.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

1 1 Section 1. Section 229.24, subsection 1, Code 2007, is

1 2 amended to read as follows:

1 3 1. All Except as otherwise provided in this section, all

1 4 papers and records pertaining to any involuntary

1 5 hospitalization or application for involuntary hospitalization

1 6 of any person under this chapter, whether part of the

1 7 permanent record of the court or of a file in the department

1 8 of human services, are subject to inspection only upon an

1 9 order of the court for good cause shown. Nothing in this This

1 10 section shall not prohibit a hospital from complying with the

1 11 requirements of this chapter and of chapter 230 relative to

1 12 financial responsibility for the cost of care and treatment

1 13 provided a patient in that hospital, nor or from properly

1 14 billing any responsible relative or third=party payer for such

1 15 care and treatment.

1 16 Sec. 2. Section 229.24, Code 2007, is amended by adding

1 17 the following new subsection:

1 18 NEW SUBSECTION. 4. The clerk of the district court shall

1 19 provide to the department of public safety notice of all

1 20 adjudications of persons involuntarily committed to a mental

1 21 institution for inpatient or outpatient or other appropriate

1 22 treatment by reason of serious mental impairment under this

1 23 chapter. Such notice shall only be used by the department to

1 24 submit information to the national instant criminal background

1 25 system maintained by the federal bureau of investigation and

1 26 shall otherwise remain confidential.

1 27 Sec. 3. Section 724.7, Code 2007, is amended to read as

1 28 follows:

1 29 724.7 NONPROFESSIONAL PERMIT TO CARRY WEAPONS.

1 30 Any A person who can reasonably justify going armed may

1 31 shall be issued a nonprofessional permit to carry weapons.

1 32 Such permits shall be on a form prescribed and published by

1 33 the commissioner of public safety, which shall be readily

1 34 distinguishable from the professional permit, and shall

1 35 identify the holder thereof, and state the reason for the

2 1 issuance of the permit, and the limits of the authority

2 2 granted by such permit. All permits so issued shall be for a

2 3 definite period as established by the issuing officer, but in

2 4 no event shall exceed a period of twelve months.

2 5 Sec. 4. Section 724.8, Code 2007, is amended to read as

2 6 follows:

2 7 724.8 PERSONS ELIGIBLE FOR PERMIT TO CARRY WEAPONS.

2 8 No A person shall not be issued a professional or

2 9 nonprofessional permit to carry weapons unless:

2 10 1. The person is eighteen years of age or older for a

2 11 professional permit or twenty=one years or older for a

2 12 nonprofessional permit.

2 13 2. The person has never been convicted of a felony.

2 14 3. The person is not addicted to the use of alcohol or any

2 15 controlled substance.

2 16 4. The person has no history of repeated acts of violence.

2 17 5. The issuing officer reasonably determines that the

2 18 applicant does not constitute a danger to any person.

2 19 6. The person has never been convicted of any crime

2 20 defined in chapter 708, except “assault” as defined in section

2 21 708.1 and “harassment” as defined in section 708.7.

2 22 7. The person has not been committed to a mental

2 23 institution for purposes of 18 U.S.C. } 922 (g)(4).

2 24 8. The person is not subject to a protective order

2 25 pursuant to 18 U.S.C. } 922(g)(8) and has not been convicted

2 26 of a misdemeanor crime of domestic violence pursuant to 18

2 27 U.S.C. } 922(g)(9). It is the intent of the general assembly

2 28 that violations of these federal laws be strictly enforced in

2 29 the courts of this state.

2 30 Sec. 5. Section 724.9, Code 2007, is amended to read as

2 31 follows:

2 32 724.9 FIREARM FIREARMS TRAINING PROGRAM.

2 33 A training program to qualify persons in the safe use of

2 34 firearms shall be provided by the issuing officer of permits,

2 35 as provided in section 724.11.

3 1 1. The commissioner of public safety shall establish

3 2 minimum standards for a training program designed to qualify

3 3 persons in the safe use of firearms and shall include a course

3 4 of instruction designed to qualify a person on a firing range.

3 5 The course of instruction shall be limited to a maximum of six

3 6 hours in length. The course of instruction shall include all

3 7 of the following:

3 8 a. Firearms safety in the classroom, at home, on the

3 9 firing range, and while carrying the firearm.

3 10 b. A physical demonstration performed by the applicant

3 11 that demonstrates the applicant’s ability to safely load and

3 12 unload a revolver or a semiautomatic pistol and the

3 13 applicant’s marksmanship.

3 14 c. The basic principles of marksmanship.

3 15 d. The law relating to firearms pursuant to this chapter.

3 16 e. The law relating to the justifiable use of force

3 17 pursuant to chapter 704.

3 18 f. A live fire shooting test administered to an applicant

3 19 pursuant to section 724.9A.

3 20 2. The commissioner of public safety shall approve the

3 21 training program, and the county sheriff or the commissioner

3 22 of public safety conducting the training program within their

3 23 respective jurisdictions may contract with a private

3 24 organization or use the services of other agencies, or may use

3 25 a combination of the two, to provide such a training program

3 26 that meets the standards specified in subsection 1. Any

3 27 person eligible to be issued a permit to carry weapons may

3 28 enroll in such course. A fee sufficient to cover the cost of

3 29 the program may be charged to each person attending.

3 30 Certificates of completion, on a form prescribed and published

3 31 by the commissioner of public safety, shall be issued by a

3 32 qualified firearms safety instructor subject to the

3 33 restrictions of section 724.9B to each person who successfully

3 34 completes the program. No A person shall not be issued either

3 35 a professional or nonprofessional permit unless the person has

4 1 received a certificate of completion or is a certified peace

4 2 officer. No A peace officer or correctional officer, except a

4 3 certified peace officer, shall not go armed with a pistol or

4 4 revolver unless the officer has received a certificate of

4 5 completion, provided that this requirement shall not apply to

4 6 persons who are employed in this state as peace officers on

4 7 January 1, 1978 until July 1, 1978, or to peace officers of

4 8 other jurisdictions exercising their legal duties within this

4 9 state.

4 10 Sec. 6. NEW SECTION. 724.9A LIVE FIRE SHOOTING TEST.

4 11 1. A live fire shooting test shall be administered in the

4 12 presence of a firearms safety instructor qualified under

4 13 section 724.9C to an applicant for a nonprofessional permit to

4 14 carry weapons. The live fire shooting test shall consist of

4 15 thirty rounds fired from a standing position or its equivalent

4 16 at a distance from a B=27 silhouette target or an FBI “Q”

4 17 target, ten rounds fired from a distance of five yards, ten

4 18 rounds fired from a distance of seven yards, and ten rounds

4 19 fired from a distance of ten yards. Two sets of five rounds

4 20 shall be fired consecutively at each designated distance and

4 21 each five=round string shall be fired within thirty seconds.

4 22 Twenty=one of the rounds fired must strike either the

4 23 eight=ring on the B=27 target or the smallest FBI “Q” target

4 24 to pass the live fire shooting test.

4 25 2. An applicant for a nonprofessional permit to carry

4 26 weapons may attempt to pass the live fire shooting test

4 27 administered pursuant to subsection 1 up to three times in one

4 28 day but must pass the shooting test within two weeks of

4 29 completing a firearms training program pursuant to section

4 30 724.9. An applicant who fails the live fire shooting test

4 31 within the requisite two=week period shall be required to

4 32 retake the firearms training program prior to again attempting

4 33 to pass the live fire shooting test.

4 34 3. The provisions of this section shall be implemented

4 35 uniformly throughout the state and shall constitute the

5 1 statewide standard for the course of instruction qualifying a

5 2 person to shoot on a firing range pursuant to section 724.9.

5 3 Sec. 7. NEW SECTION. 724.9B CERTIFICATE OF COMPLETION.

5 4 A qualified firearms safety instructor shall not issue a

5 5 certificate of completion to an applicant for a permit to

5 6 carry weapons who does any of the following:

5 7 1. Fails to demonstrate the requisite knowledge and

5 8 technique regarding the proper handling of a firearm.

5 9 2. Handles a firearm in a manner that, in the judgment of

5 10 the qualified firearms safety instructor, poses a danger to

5 11 the applicant or others.

5 12 3. Fails the live fire shooting test pursuant to the

5 13 requirements specified in section 724.9A.

5 14 Sec. 8. NEW SECTION. 724.9C QUALIFIED FIREARMS SAFETY

5 15 INSTRUCTOR.

5 16 A firearms safety instructor shall be considered to be a

5 17 qualified firearms safety instructor if the instructor has any

5 18 of the following qualifications:

5 19 1. Is a valid firearms safety instructor certified by the

5 20 national rifle association holding a rating as a personal

5 21 protection instructor or pistol marksmanship instructor.

5 22 2. Submits a photocopy of a certificate of completion of a

5 23 firearms safety instructor course offered by a local, state,

5 24 or federal governmental agency and approved by the department

5 25 of public safety.

5 26 3. Submits a photocopy of a certificate of completion of a

5 27 firearms safety instructor course approved by the department

5 28 of public safety.

5 29 4. Has successfully completed a firearms safety instructor

5 30 course given by or under the supervision of any state, county,

5 31 municipal, or federal enforcement agency.

5 32 5. Is a certified police officer firearms safety

5 33 instructor.

5 34 6. Is a certified law enforcement academy firearms safety

5 35 instructor.

6 1 Sec. 9. Section 724.11, Code 2007, is amended to read as

6 2 follows:

6 3 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS.

6 4 1. Applications for permits to carry weapons shall be made

6 5 to the sheriff of the county in which the applicant resides.

6 6 Applications from persons who are nonresidents of the state,

6 7 or whose need to go armed arises out of employment by the

6 8 state, shall be made to the commissioner of public safety. In

6 9 either case, the issuance of the permit shall be by and at the

6 10 discretion of the sheriff or commissioner, who shall, before

6 11 issuing the permit, determine that the requirements of

6 12 sections 724.6 to 724.10 have been satisfied. However, the

6 13 training program requirements in section 724.9 may shall be

6 14 waived for renewal permits. If the sheriff or the

6 15 commissioner restricts or denies an application for a permit

6 16 under this section, the sheriff or commissioner shall provide

6 17 a written statement of the reasons for the restriction or the

6 18 denial to the applicant by certified mail within fifteen

6 19 working days of the filing of the application.

6 20 2. The issuing officer shall collect a fee of ten dollars,

6 21 except from a duly appointed peace officer or correctional

6 22 officer, for each permit issued. Renewal permits or duplicate

6 23 permits shall be issued for a fee of five dollars. The

6 24 issuing officer shall notify the commissioner of public safety

6 25 of the issuance of any permit at least monthly and forward to

6 26 the commissioner an amount equal to two dollars for each

6 27 permit issued and one dollar for each renewal or duplicate

6 28 permit issued. All such fees received by the commissioner

6 29 shall be paid to the treasurer of state and deposited in the

6 30 operating account of the department of public safety to offset

6 31 the cost of administering this chapter. Any unspent balance

6 32 as of June 30 of each year shall revert to the general fund as

6 33 provided by section 8.33.

6 34 Sec. 10. NEW SECTION. 724.11A RECIPROCITY.

6 35 A person possessing a valid permit issued by another state

7 1 to carry a weapon shall be entitled to the privileges and

7 2 subject to the restrictions prescribed in this chapter

7 3 provided the state that issued the license has training

7 4 requirements that are equal to or greater than the training

7 5 requirements prescribed by this chapter. The department of

7 6 public safety shall determine which states qualify as

7 7 reciprocal states, shall maintain an up=to=date list of such

7 8 states, and shall post such information on the department’s

7 9 internet site.

7 10 Sec. 11. NEW SECTION. 724.14 IMMUNITY.

7 11 The sheriff or the commissioner of public safety shall not

7 12 be liable for damages in any civil action arising from the

7 13 alleged wrongful issuance, renewal, or failure to revoke a

7 14 permit to carry weapons provided that the sheriff or the

7 15 commissioner acted reasonably and in good faith and in

7 16 accordance with the provisions of this chapter in carrying out

7 17 the sheriff’s or the commissioner’s official duties.

7 18 Sec. 12. EFFECTIVE DATE. The sections of this Act

7 19 amending section 229.24 take effect January 1, 2009.

7 20 EXPLANATION

7 21 This bill relates to the issuance of weapons permits.

7 22 The bill provides that a person who is at least 21 and who

7 23 meets additional requirements specified in Code section 724.8

7 24 shall be issued a nonprofessional permit to carry weapons.

7 25 The bill provides that persons who have been committed to a

7 26 mental institution under federal law or persons who are

7 27 subject to protective orders or who have been convicted of a

7 28 misdemeanor crime of domestic violence under federal law are

7 29 all ineligible for a permit to carry weapons.

7 30 The bill amends current law relating to a firearms training

7 31 program. The bill requires the commissioner of public safety

7 32 to establish minimum firearms safety standards. The bill

7 33 specifies that the commissioner shall establish certain

7 34 training standards relating to the qualifications of persons

7 35 in the safe use of firearms. The bill further provides a

8 1 statewide standard designed to qualify an applicant for a

8 2 nonprofessional permit to carry weapons to shoot on a firing

8 3 range.

8 4 The bill provides that a qualified firearms safety

8 5 instructor shall issue a certificate of completion to a person

8 6 who successfully completes the training program, including the

8 7 completion of the requirements relating to live fire

8 8 ammunition testing on a firing range. The bill specifically

8 9 provides that a person who does not follow the orders of the

8 10 qualified firearms safety instructor, handles a firearm in a

8 11 manner that poses a danger to the applicant or others, or who

8 12 fails to pass the live fire testing portion of the training

8 13 program shall not be issued a certificate of completion. An

8 14 applicant for a permit to carry weapons shall not be issued a

8 15 permit to carry weapons unless the applicant has received a

8 16 certificate of completion or is a certified peace officer.

8 17 The bill defines a qualified firearms safety instructor as

8 18 a person who meets any of the following qualifications:

8 19 1. Is a valid firearms safety instructor certified by the

8 20 national rifle association holding a rating as a personal

8 21 protection instructor or pistol marksmanship instructor.

8 22 2. Submits a photocopy of a certificate of completion of a

8 23 firearms safety instructor course offered by a local, state,

8 24 or federal governmental agency and approved by the department

8 25 of public safety.

8 26 3. Submits a photocopy of a certificate of completion of a

8 27 firearms safety instructor course approved by the department

8 28 of public safety.

8 29 4. Has successfully completed a firearms safety instructor

8 30 course given by or under the supervision of any state, county,

8 31 municipal, or federal enforcement agency.

8 32 5. Is a certified police officer firearms safety

8 33 instructor.

8 34 6. Is a certified law enforcement academy firearms safety

8 35 instructor.

9 1 The bill provides that if the sheriff or commissioner

9 2 restricts or denies an application for a concealed weapons

9 3 permit, the sheriff or commissioner shall provide a written

9 4 statement of the reasons for the restriction or denial. The

9 5 bill increases the portion of the fee the issuing officer

9 6 sends to the commissioner of public safety from $2 to $5 for

9 7 each permit issued and from $1 to $2 for each renewal or

9 8 duplicate permit issued.

9 9 The bill provides that a person possessing a valid

9 10 out=of=state permit to carry a weapon shall be entitled to the

9 11 privileges and subject to the restrictions prescribed provided

9 12 the state that issued the license has training requirements

9 13 that are equal to or greater than the training requirements

9 14 prescribed by Code chapter 724. The department of public

9 15 safety is required to determine which states qualify as

9 16 reciprocal states, maintain an up=to=date list of such states,

9 17 and post such information on the department’s internet site.

9 18 The bill provides that the sheriff or the commissioner of

9 19 public safety shall not be liable for damages in any civil

9 20 action arising from the alleged wrongful issuance, renewal, or

9 21 failure to revoke a permit to carry weapons provided that the

9 22 sheriff or the commissioner acted reasonably and in good faith

9 23 and in accordance with provisions of Code chapter 724 in

9 24 carrying out the sheriff’s or the commissioner’s official

9 25 duties.

9 26 The bill requires the clerk of the district court to

9 27 provide to the department of public safety notice of all

9 28 adjudications of persons involuntarily committed to a mental

9 29 institution for inpatient or outpatient or other appropriate

9 30 treatment by reasons of serious mental impairment under Code

9 31 chapter 229. This notice shall only be used by the department

9 32 of public safety to submit information to the national instant

9 33 criminal background system maintained by the federal bureau of

9 34 investigation and shall otherwise remain confidential. This

9 35 provision of the bill takes effect January 1, 2009.