Bill Text: IA HF2043 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to possessing and transferring firearm suppressors, providing penalties, and including effective date provisions. (See Cmte. Bill HF 2279)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-23 - Withdrawn. H.J. 298. [HF2043 Detail]
Download: Iowa-2015-HF2043-Introduced.html
House File 2043 - Introduced HOUSE FILE BY WINDSCHITL A BILL FOR 1 An Act relating to possessing and transferring firearm 2 suppressors, providing penalties, and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5071YH (4) 86 jm/rj PAG LIN 1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2 2016, 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 it silences, muffles, or suppresses the sound when 1 21 fired and that is considered a "firearm silencer" or "firearm 1 22 muffler" as 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 c. A certification that has been approved under this section 2 8 grants the person the authority to make or transfer a firearm 2 9 suppressor as provided by state and federal law. 2 10 3. An applicant whose request for certification is denied 2 11 may appeal the decision of the chief law enforcement officer 2 12 to the district court for the county in which the applicant 2 13 resides or maintains an address of record. The court shall 2 14 review the decision of the chief law enforcement officer to 2 15 deny the certification de novo. If the court finds that the 2 16 applicant is not prohibited by law from making or transferring 2 17 the firearm suppressor, and is not the subject of a proceeding 2 18 that could result in such prohibition, or that no substantial 2 19 evidence supports the decision of the chief law enforcement 2 20 officer, the court shall order the chief law enforcement 2 21 officer to issue the certification and award court costs and 2 22 reasonable attorney fees to the applicant. If the court 2 23 determines the applicant is not eligible to be issued a 2 24 certification, the court shall award court costs and reasonable 2 25 attorney fees to the political subdivision of the state 2 26 representing the chief law enforcement officer. 2 27 4. In making a determination about whether to issue a 2 28 certification under subsection 2, a chief law enforcement 2 29 officer may conduct a criminal background check, including 2 30 an inquiry of the national instant criminal background check 2 31 system maintained by the federal bureau of investigation or 2 32 any successor agency, but shall only require the applicant to 2 33 provide as much information as is necessary to identify the 2 34 applicant for this purpose or to determine the disposition of 2 35 an arrest or proceeding relevant to the eligibility of the 3 1 applicant to lawfully possess or receive a firearm suppressor. 3 2 A chief law enforcement officer shall not require access to 3 3 or consent to inspect any private premises as a condition of 3 4 providing a certification under this section. 3 5 5. A chief law enforcement officer and employees of the 3 6 chief law enforcement officer who act in good faith are immune 3 7 from liability arising from any act or omission in making a 3 8 certification as required by this section. 3 9 Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty. 3 10 1. A person shall not possess a firearm suppressor in this 3 11 state if such possession is knowingly in violation of federal 3 12 law. 3 13 2. A person who possesses a firearm suppressor in violation 3 14 of subsection 1 commits a class "D" felony. 3 15 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 16 immediate importance, takes effect upon enactment. 3 17 EXPLANATION 3 18 The inclusion of this explanation does not constitute agreement with 3 19 the explanation's substance by the members of the general assembly. 3 20 This bill relates to the possession and transferring of 3 21 firearm suppressors. 3 22 FIREARM SUPPRESSORS. Current Iowa law provides that a 3 23 mechanical device specifically constructed and designed so that 3 24 when attached to a firearm it silences, muffles, or suppresses 3 25 the sound when fired is an offensive weapon. Under Code 3 26 section 724.3, any person who knowingly possesses an offensive 3 27 weapon commits a class "D" felony, punishable by confinement 3 28 for no more than five years and a fine of at least $750 but not 3 29 more than $7,500. 3 30 The bill strikes a provision in Code section 724.1(1)(h) 3 31 that classifies a firearm suppressor as an offensive weapon. 3 32 By striking this provision, a firearm suppressor is legal to 3 33 possess in the state. 3 34 The bill also creates in new Code section 724.1A, a process 3 35 whereby a person may apply to the chief law enforcement officer 4 1 of the jurisdiction where the person resides or maintains an 4 2 address of record for a certification to make or transfer a 4 3 firearm suppressor. The bill defines "firearm suppressor" to 4 4 mean a mechanical device specifically constructed and designed 4 5 so that when attached to a firearm it silences, muffles, or 4 6 suppresses the sound when fired and that is considered a 4 7 "firearm silencer" or "firearm muffler" as defined in 18 U.S.C. 4 8 {921. 4 9 The bill specifies that a chief law enforcement officer 4 10 shall not refuse to provide certification, based on a 4 11 generalized objection, to an applicant requesting to make 4 12 or transfer a firearm suppressor. If a person applies for 4 13 certification to make or transfer a firearm suppressor with 4 14 the chief law enforcement officer, the bill requires the chief 4 15 law enforcement officer to issue the certification within 30 4 16 days of receiving such an application unless the applicant 4 17 is prohibited by law from making or transferring a firearm 4 18 suppressor or the applicant is the subject of a proceeding that 4 19 could result in the applicant being prohibited by law from 4 20 making or transferring a firearm suppressor. If the chief 4 21 law enforcement officer does not issue a certification under 4 22 the bill, the chief law enforcement officer shall provide the 4 23 applicant a written notification of the denial and the reason 4 24 for the denial. If the certification has been approved by the 4 25 chief law enforcement officer under the bill, the applicant 4 26 has the authority to make or transfer a firearm suppressor as 4 27 provided by state and federal law. 4 28 If the applicant's request for certification is denied, 4 29 the bill specifies that the applicant may appeal the decision 4 30 to the district court for the county in which the applicant 4 31 resides or maintains an address of record. The bill specifies 4 32 that the court shall review the decision of the chief law 4 33 enforcement officer to deny the certification de novo. If the 4 34 court finds that the applicant is not prohibited by law from 4 35 making or transferring a firearm suppressor, and is not the 5 1 subject of a proceeding that could result in such prohibition, 5 2 or that no substantial evidence supports the decision of the 5 3 chief law enforcement officer, the bill requires the court 5 4 to order the chief law enforcement officer to issue the 5 5 certification and award court costs and reasonable attorney 5 6 fees to the applicant. If the court determines the applicant 5 7 is not eligible to be issued a certification, the bill requires 5 8 the court to award court costs and reasonable attorney fees to 5 9 the political subdivision of the state representing the chief 5 10 law enforcement officer. 5 11 In making a determination about whether to issue a 5 12 certification under the bill, a chief law enforcement officer 5 13 may conduct a criminal background check, but shall only require 5 14 the applicant to provide as much information as is necessary 5 15 to identify the applicant for this purpose or to determine 5 16 the disposition of an arrest or proceeding relevant to the 5 17 eligibility of the applicant to lawfully make or transfer a 5 18 firearm suppressor. The bill prohibits a chief law enforcement 5 19 officer from requiring access to any private premises as a 5 20 condition of providing a certification under this new Code 5 21 section. 5 22 A chief law enforcement officer and employees of the chief 5 23 law enforcement officer who act in good faith are immune 5 24 from liability arising from any act or omission in making a 5 25 certification under the bill. 5 26 The bill provides that a person commits a class "D" felony if 5 27 the person possesses a firearm suppressor and such possession 5 28 is knowingly in violation of federal law. 5 29 The bill takes effect upon enactment. LSB 5071YH (4) 86 jm/rj
