Senate File 427 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1263) A BILL FOR 1 An Act relating to the making, transferring, and possession of 2 firearms and suppressors, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2601SV (1) 86 jm/rj PAG LIN 1 1 Section 1. Section 724.1, subsection 1, paragraph h, Code 1 2 2015, 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 silences, muffles, or suppresses the sound when fired 1 21 that is considered a "firearm silencer" or "firearm muffler" as 1 22 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 3. An applicant whose request for certification is denied 2 8 may appeal the decision of the chief law enforcement officer 2 9 to the district court for the county in which the applicant 2 10 resides or maintains an address of record. The court shall 2 11 review the decision of the chief law enforcement officer to 2 12 deny the certification de novo. If the court finds that the 2 13 applicant is not prohibited by law from making or transferring 2 14 the firearm suppressor, or is not the subject of a proceeding 2 15 that could result in such prohibition, or that no substantial 2 16 evidence supports the decision of the chief law enforcement 2 17 officer, the court shall order the chief law enforcement 2 18 officer to issue the certification and award court costs and 2 19 reasonable attorney fees to the applicant. If the court 2 20 determines the applicant is not eligible to be issued a 2 21 certification, the court shall award court costs and reasonable 2 22 attorney fees to the political subdivision of the state 2 23 representing the chief law enforcement officer. 2 24 4. In making a determination about whether to issue a 2 25 certification under subsection 2, a chief law enforcement 2 26 officer may conduct a criminal background check, but shall 2 27 only require the applicant provide as much information as is 2 28 necessary to identify the applicant for this purpose or to 2 29 determine the disposition of an arrest or proceeding relevant 2 30 to the eligibility of the applicant to lawfully possess or 2 31 receive a firearm suppressor. A chief law enforcement officer 2 32 shall not require access to or consent to inspect any private 2 33 premises as a condition of providing a certification under this 2 34 section. 2 35 5. A chief law enforcement officer and employees of the 3 1 chief law enforcement officer who act in good faith are immune 3 2 from liability arising from any act or omission in making a 3 3 certification as required by this section. 3 4 Sec. 3. NEW SECTION. 724.1B Firearm suppressors ==== penalty. 3 5 1. A person shall not possess a firearm suppressor in this 3 6 state unless authorized by federal law. 3 7 2. A person who possesses a firearm suppressor in violation 3 8 of subsection 1 commits a class "D" felony. 3 9 EXPLANATION 3 10 The inclusion of this explanation does not constitute agreement with 3 11 the explanation's substance by the members of the general assembly. 3 12 This bill relates to the making, transferring, and 3 13 possession of firearms and suppressors. 3 14 Current Iowa law provides that a mechanical device 3 15 specifically constructed and designed so that when attached to 3 16 a firearm it silences, muffles, or suppresses the sound when 3 17 fired is an offensive weapon. Under Code section 724.3, any 3 18 person who knowingly possesses an offensive weapon commits a 3 19 class "D" felony, punishable by confinement for no more than 3 20 five years and a fine of at least $750 but not more than $7,500. 3 21 The bill strikes a provision in Code section 724.1(1)(h) 3 22 that classifies a firearm suppressor as an offensive weapon. 3 23 By striking this provision, a firearm suppressor is legal 3 24 to possess in the state. This provision takes effect upon 3 25 enactment. 3 26 The bill also creates in new Code section 724.1A, a process 3 27 whereby a person may apply to the chief law enforcement officer 3 28 of the jurisdiction where the person resides or maintains an 3 29 address of record for a certification to make or transfer a 3 30 firearm suppressor. The bill defines "firearm suppressor" to 3 31 mean a mechanical device specifically constructed and designed 3 32 so that when attached to a firearm silences, muffles, or 3 33 suppresses the sound when fired that is considered a "firearm 3 34 silencer" or "firearm muffler" as defined in 18 U.S.C. {921. 3 35 The bill specifies that a chief law enforcement officer 4 1 shall not refuse to provide certification, based on a 4 2 generalized objection, to an applicant making or transferring 4 3 a firearm suppressor. If a person applies for certification 4 4 to make or transfer a firearm suppressor with the chief 4 5 law enforcement officer, the bill requires the chief law 4 6 enforcement officer to issue the certification within 30 4 7 days of receiving such an application unless the applicant 4 8 is prohibited by law from making or transferring a firearm 4 9 suppressor or the applicant is the subject of a proceeding that 4 10 could result in the applicant being prohibited by law from 4 11 making or transferring a firearm suppressor. If the chief 4 12 law enforcement officer does not issue a certification under 4 13 the bill, the chief law enforcement officer shall provide the 4 14 applicant a written notification of the denial and the reason 4 15 for the denial. If the certification has been approved by the 4 16 chief law enforcement officer under the bill, the applicant 4 17 has the authority to make or transfer a firearm suppressor as 4 18 provided by state and federal law. 4 19 If the applicant's request for certification is denied, 4 20 the bill specifies that the applicant may appeal the decision 4 21 to the district court for the county in which the applicant 4 22 resides or maintains an address of record. The bill specifies 4 23 that the court shall review the decision of the chief law 4 24 enforcement officer to deny the certification de novo. If the 4 25 court finds that the applicant is not prohibited by law from 4 26 making or transferring a firearm suppressor, the bill requires 4 27 the court to order the chief law enforcement officer to issue 4 28 the certification and award court costs and reasonable attorney 4 29 fees to the applicant. If the court determines the applicant 4 30 is not eligible to be issued a certification, the bill requires 4 31 the court to award court costs and reasonable attorney fees to 4 32 the political subdivision of the state representing the chief 4 33 law enforcement officer. 4 34 In making a determination about whether to issue a 4 35 certification under the bill, a chief law enforcement officer 5 1 may conduct a criminal background check, but shall only require 5 2 the applicant to provide as much information as is necessary 5 3 to identify the applicant for this purpose or to determine 5 4 the disposition of an arrest or proceeding relevant to the 5 5 eligibility of the applicant to lawfully make or transfer a 5 6 firearm suppressor. The bill prohibits a chief law enforcement 5 7 officer from requiring access to any private premises as a 5 8 condition of providing a certification under this Code section. 5 9 A chief law enforcement officer and employees of the chief 5 10 law enforcement officer who act in good faith are immune 5 11 from liability arising from any act or omission in making a 5 12 certification under the bill. 5 13 The bill provides that a person shall not possess a firearm 5 14 suppressor unless authorized by federal law. A person who 5 15 violates this provision commits a class "D" felony. LSB 2601SV (1) 86 jm/rj