House File 77 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER, ANDERSON,
                                     ABDUL=SAMAD, MASCHER,
                                     and OLDSON

                                      A BILL FOR

  1 An Act relating to the sale or transfer of firearms, providing
  2    penalties, and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1231YH (3) 86
    jm/rj

PAG LIN



  1  1    Section 1.  NEW SECTION.  724.32  Sale or transfer of firearms
  1  2 ==== criminal history background check.
  1  3    1.  A person shall not sell or transfer a firearm to another
  1  4 person without receiving verification from a federally licensed
  1  5 firearms dealer that information on the prospective purchaser
  1  6 or transferee has been submitted to the department of public
  1  7 safety for a criminal history background check and that a
  1  8 determination has been received by the department of public
  1  9 safety that the prospective purchaser or transferee is not
  1 10 prohibited under either state or federal law from possessing a
  1 11 firearm.  A criminal history background check conducted under
  1 12 this section shall include an inquiry of the national instant
  1 13 criminal background check system maintained by the federal
  1 14 bureau of investigation.
  1 15    2.  A person who sells or transfers a firearm in violation of
  1 16 this section is guilty of an aggravated misdemeanor.
  1 17    3.  A federally licensed firearms dealer may charge and
  1 18 collect fees for obtaining criminal history record information
  1 19 checks on behalf of sellers or transferors.
  1 20    4.  The department of public safety shall adopt rules
  1 21 pursuant to chapter 17A to administer this section.
  1 22    Sec. 2.  APPLICABILITY.  This Act applies to the sale or
  1 23 transfer of firearms on or after July 1, 2015.
  1 24                           EXPLANATION
  1 25 The inclusion of this explanation does not constitute agreement with
  1 26 the explanation's substance by the members of the general assembly.
  1 27    This bill relates to the sale or transfer of firearms,
  1 28 provides penalties, and includes applicability provisions.
  1 29    The bill prohibits a person from selling or transferring a
  1 30 firearm to another person without receiving verification from
  1 31 a federally licensed firearms dealer that information on the
  1 32 prospective purchaser or transferee has been submitted to the
  1 33 department of public safety for a criminal history background
  1 34 check and that a determination has been received by the
  1 35 department of public safety that the prospective purchaser or
  2  1 transferee is not prohibited under either state or federal law
  2  2 from possessing a firearm.  A criminal history background check
  2  3 under the bill includes an inquiry of the national instant
  2  4 criminal background check system maintained by the federal
  2  5 bureau of investigation.
  2  6    The bill provides that a person who sells or transfers a
  2  7 firearm in violation of this Code section is guilty of an
  2  8 aggravated misdemeanor, punishable by confinement for no more
  2  9 than two years and a fine of at least $625 but not more than
  2 10 $6,250.
  2 11    The bill provides that a federally licensed firearms dealer
  2 12 may charge and collect fees for obtaining criminal history
  2 13 record information checks on behalf of sellers and transferors
  2 14 and the department of public safety shall adopt administrative
  2 15 rules to administer the bill.
  2 16    The bill applies to the sale or transfer of firearms on or
  2 17 after July 1, 2015.
       LSB 1231YH (3) 86
       jm/rj