Senate File 466 - Introduced SENATE FILE 466 BY QUIRMBACH A BILL FOR An Act relating to firearms, including provisions relating to 1 the purchase, sale, or transfer of firearms and requiring 2 an educational program relating to hunting, and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2560XS (5) 88 mo/rh

S.F. 466 DIVISION I 1 SALE OR TRANSFER OF FIREARMS 2 Section 1. NEW SECTION . 724.32 Sale or transfer of firearms 3 —— criminal history background check. 4 1. A person shall not sell or transfer a firearm to another 5 person without receiving verification from a federally licensed 6 firearms dealer that information on the prospective purchaser 7 or transferee has been submitted to the department of public 8 safety for a criminal history background check and that a 9 determination has been received by the department of public 10 safety that the prospective purchaser or transferee is not 11 prohibited under either state or federal law from possessing a 12 firearm. A criminal history background check conducted under 13 this section shall include an inquiry of the national instant 14 criminal background check system maintained by the federal 15 bureau of investigation. 16 2. This section shall not apply where the person 17 transferring the firearm and the person acquiring the firearm 18 are related to one another within the second degree of 19 consanguinity or affinity. 20 3. A person who sells or transfers a firearm in violation of 21 this section is guilty of an aggravated misdemeanor. 22 4. A federally licensed firearms dealer may charge and 23 collect fees for obtaining criminal history record information 24 checks on behalf of sellers or transferors. 25 5. The department of public safety shall adopt rules 26 pursuant to chapter 17A to administer this section. 27 Sec. 2. NEW SECTION . 724.32A Straw sales —— firearms. 28 A person who purchases or obtains a firearm on behalf of a 29 person not qualified to legally purchase, own, or possess a 30 firearm in this state or for the purpose of selling, giving, 31 or otherwise transferring a firearm to a person not legally 32 qualified to purchase, own, or possess a firearm in this state 33 is guilty of an aggravated misdemeanor. 34 DIVISION II 35 -1- LSB 2560XS (5) 88 mo/rh 1/ 3

S.F. 466 EDUCATIONAL PROGRAM —— HUNTING 1 Sec. 3. Section 256.9, Code 2019, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 60. Develop and administer an educational 4 program to promote and increase participation in hunting. 5 The program shall be available in public high schools and 6 community colleges as either an extracurricular activity or as 7 part of a unit in relevant existing coursework. The director 8 shall collaborate with the department of natural resources in 9 the development and administration of the program and shall 10 model the program after the department of natural resources’ 11 recruitment, retention, and reactivation action plan. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the purchase, sale, or transfer of 16 firearms and requires an educational program relating to 17 hunting, and provides penalties. 18 DIVISION I —— SALE OR TRANSFER OF FIREARMS. Division I of 19 the bill prohibits a person from selling or transferring a 20 firearm to another person without receiving verification from 21 a federally licensed firearms dealer that information on the 22 prospective purchaser or transferee has been submitted to the 23 department of public safety for a criminal history background 24 check and that a determination has been received by the 25 department of public safety that the prospective purchaser or 26 transferee is not prohibited under either state or federal law 27 from possessing a firearm. A criminal history background check 28 includes an inquiry of the national instant criminal background 29 check system maintained by the federal bureau of investigation. 30 The bill does not require a background check verification where 31 the person transferring the firearm and the person acquiring 32 the firearm are related to one another within the second degree 33 of consanguinity or affinity. 34 The division provides that a person who sells or transfers 35 -2- LSB 2560XS (5) 88 mo/rh 2/ 3

S.F. 466 a firearm in violation of the bill is guilty of an aggravated 1 misdemeanor. 2 The division provides that a federally licensed firearms 3 dealer may charge and collect fees for obtaining criminal 4 history record information checks on behalf of sellers and 5 transferors and the department of public safety shall adopt 6 administrative rules to administer the bill. 7 The division prohibits straw firearms sales by providing 8 that a person who purchases or obtains a firearm on behalf of 9 a person not qualified to legally purchase, own, or possess 10 a firearm in Iowa or for the purpose of selling, giving, or 11 otherwise transferring a firearm to a person not legally 12 qualified to purchase, own, or possess a firearm in this state 13 is guilty of an aggravated misdemeanor. 14 As referenced in the bill, an aggravated misdemeanor is 15 punishable by confinement for no more than two years and a fine 16 of at least $625 but not more than $6,250. 17 DIVISION II —— EDUCATIONAL PROGRAM —— HUNTING. Division 18 II of the bill requires the director of the department of 19 education to develop and administer an educational program to 20 promote and increase participation in hunting. The program 21 shall be available in public high schools and community 22 colleges as either an extracurricular activity or as part of 23 a unit in relevant existing coursework. The director of the 24 department of education will collaborate with the department 25 of natural resources in the development and administration of 26 the educational program. The educational program shall be 27 modeled after the department of natural resources’ recruitment, 28 retention, and reactivation action plan. 29 -3- LSB 2560XS (5) 88 mo/rh 3/ 3