House File 2130 - Introduced HOUSE FILE 2130 BY JAMES , BROWN-POWERS , KONFRST , LEVIN , SCHEETZ , CAHILL , WESSEL-KROESCHELL , WILBURN , AMOS JR. , SRINIVAS , KURTH , STECKMAN , NIELSEN , GAINES , ABDUL-SAMAD , KRESSIG , STAED , MADISON , WILSON , CROKEN , EHLERT , and BAGNIEWSKI A BILL FOR An Act relating to criminal history background checks for the 1 sale or transfer of firearms, providing penalties, and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5811YH (4) 90 as/js

H.F. 2130 Section 1. NEW SECTION . 724.33 Sale or transfer of firearms 1 —— criminal history background check. 2 1. Unless otherwise authorized by this chapter or federal 3 law, a person shall not sell or transfer a firearm to another 4 person without receiving verification from a licensed firearms 5 dealer that information on the prospective purchaser or 6 transferee has been submitted to the department of public 7 safety for a criminal history background check and that a 8 determination has been received by the department of public 9 safety that the prospective purchaser or transferee is not 10 prohibited under either state or federal law from possessing a 11 firearm. A criminal history background check conducted under 12 this section shall include an inquiry of the national instant 13 criminal background check system maintained by the federal 14 bureau of investigation. 15 2. a. Except as provided in paragraph “b” , a person who 16 sells or transfers a firearm in violation of this section is 17 guilty of an aggravated misdemeanor. 18 b. A person does not violate this section under any of the 19 following circumstances: 20 (1) A sale or transfer of a firearm to a firearm buyback 21 program sponsored by a law enforcement agency. 22 (2) A transfer of a firearm to another person during an 23 act of justified self-defense or justified defense of another 24 person, provided that the possession after the transfer 25 lasts no longer than is immediately necessary to resolve the 26 emergency. 27 (3) A transfer of a firearm between family members. 28 (4) The receipt of a firearm bequeathed to the recipient. 29 3. A licensed firearms dealer may charge and collect fees 30 for obtaining criminal history record information checks on 31 behalf of sellers or transferors. 32 4. The department of public safety shall adopt rules 33 pursuant to chapter 17A as necessary to carry out the 34 provisions of this section. 35 -1- LSB 5811YH (4) 90 as/js 1/ 3

H.F. 2130 5. For purposes of this section, “licensed firearms dealer” 1 means the same as defined in section 724.29A. 2 Sec. 2. APPLICABILITY. This Act applies to the sale or 3 transfer of firearms on or after July 1, 2024. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to criminal history background checks for 8 the sale or transfer of firearms. 9 The bill provides that unless otherwise authorized by Code 10 chapter 724 (weapons) or federal law, a person shall not sell 11 or transfer a firearm to another person without receiving 12 verification from a licensed firearms dealer that information 13 on the prospective purchaser or transferee has been submitted 14 to the department of public safety for a criminal history 15 background check and that a determination has been received by 16 the department of public safety that the prospective purchaser 17 or transferee is not prohibited under either state or federal 18 law from possessing a firearm. A criminal history background 19 check must include an inquiry of the national instant criminal 20 background check system maintained by the federal bureau of 21 investigation. 22 The bill provides that, except as provided, a person who 23 sells or transfers a firearm in violation of the bill is guilty 24 of an aggravated misdemeanor. 25 The bill provides that the following are not violations: 26 a sale or transfer of a firearm to a firearm buyback program 27 sponsored by a law enforcement agency; a transfer of a firearm 28 to another person during an act of justified self-defense 29 or justified defense of another person, provided that 30 the possession after the transfer lasts no longer than is 31 immediately necessary to resolve the emergency; a transfer of 32 a firearm between family members; or the receipt of a firearm 33 bequeathed to the recipient. 34 The bill allows a licensed firearms dealer to charge and 35 -2- LSB 5811YH (4) 90 as/js 2/ 3

H.F. 2130 collect fees for obtaining criminal history record information 1 checks on behalf of sellers or transferors. 2 The bill directs the department of public safety to adopt 3 rules as necessary to carry out the provisions of the bill. 4 The bill defines a “licensed firearms dealer” to mean 5 the same as defined in Code section 724.29A, which defines a 6 “licensed firearms dealer” as a person who is licensed pursuant 7 to 18 U.S.C. §923 to engage in the business of dealing in 8 firearms. 9 The bill applies to the sale or transfer of firearms on or 10 after July 1, 2024. 11 -3- LSB 5811YH (4) 90 as/js 3/ 3