H.F. 155 Section 1. Section 29C.25, subsection 1, paragraph b, Code 1 2021, is amended to read as follows: 2 b. Suspend or revoke, except in accordance with section 3 724.13 , a permit issued pursuant to section 724.6 , or 724.7 , 4 or 724.15 . 5 Sec. 2. Section 724.11A, Code 2021, is amended to read as 6 follows: 7 724.11A Recognition. 8 A valid permit or license issued by another state to any 9 nonresident of this state shall be considered to be a valid 10 permit or license to carry weapons issued pursuant to this 11 chapter , except that such permit or license shall not be 12 considered to be a substitute for a permit to acquire pistols 13 or revolvers issued pursuant to section 724.15 deemed to 14 satisfy the requirements of section 724.15 . 15 Sec. 3. Section 724.15, Code 2021, is amended by striking 16 the section and inserting in lieu thereof the following: 17 724.15 Acquiring pistols or revolvers. 18 1. It is the intent of this section to satisfy federal 19 requirements of 18 U.S.C. §922(t)(3) in order to acquire 20 pistols or revolvers. As of July 1, 2021, the state shall no 21 longer issue a permit to acquire. In order to acquire a pistol 22 or revolver from a federally licensed firearms dealer, a person 23 is required to have a valid permit to carry weapons issued 24 in accordance with this chapter or the person must complete 25 a satisfactory national instant criminal background check 26 pursuant to 18 U.S.C. §922(t). 27 2. A person shall not acquire a pistol or revolver who is 28 subject to any of the following: 29 a. Is under twenty-one years of age. 30 b. Is prohibited by section 724.26 or federal law from 31 possessing, shipping, transporting, or receiving a firearm. 32 c. Is prohibited by court order from possessing, shipping, 33 transporting, or receiving a firearm. 34 3. An issuing officer who finds that a person issued a 35 -1- LSB 1640YH (2) 89 js/rh 1/ 6

H.F. 155 permit to acquire pistols or revolvers under this chapter 1 prior to July 1, 2021, has been arrested for a disqualifying 2 offense or who is the subject of proceedings that could lead 3 to the person’s ineligibility for such permit, may immediately 4 suspend such permit. An issuing officer proceeding under 5 this subsection shall immediately notify the permit holder 6 of the suspension by personal service or certified mail on a 7 form prescribed and published by the commissioner of public 8 safety and the suspension shall become effective upon the 9 permit holder’s receipt of such notice. If the suspension is 10 based on an arrest or a proceeding that does not result in a 11 disqualifying conviction or finding against the permit holder, 12 the issuing officer shall immediately reinstate the permit upon 13 receipt of proof of the matter’s final disposition. If the 14 arrest leads to a disqualifying conviction or the proceedings 15 to a disqualifying finding, the issuing officer shall revoke 16 the permit. The issuing officer may also revoke the permit of 17 a person whom the issuing officer later finds was not qualified 18 for such a permit at the time of issuance or whom the officer 19 finds provided materially false information on the permit 20 application. A person aggrieved by a suspension or revocation 21 under this subsection may seek review of the decision pursuant 22 to section 724.21A, Code 2020. 23 Sec. 4. Section 724.16, Code 2021, is amended to read as 24 follows: 25 724.16 Permit to acquire required —— transfer prohibited 26 Pistols and revolvers —— acquiring or transferring prohibitions . 27 1. Except as otherwise provided in section 724.15, 28 subsection 2 , a A person who acquires ownership of a pistol or 29 revolver without a valid permit to acquire pistols or revolvers 30 or a person who transfers ownership of a pistol or revolver 31 to a person who does not have in the person’s possession a 32 valid permit to acquire pistols or revolvers from a federally 33 licensed firearms dealer in violation of section 724.15 is 34 guilty of an aggravated misdemeanor. 35 -2- LSB 1640YH (2) 89 js/rh 2/ 6

H.F. 155 2. A person who transfers ownership of a pistol or revolver 1 to a person that the transferor knows is prohibited by section 2 724.15 from acquiring ownership of a pistol or revolver commits 3 a class “D” felony. 4 Sec. 5. Section 724.21A, subsections 1, 7, and 8, Code 2021, 5 are amended to read as follows: 6 1. In any case where in which the sheriff or the 7 commissioner of public safety denies an application for or 8 suspends or revokes a permit to carry weapons or a permit to 9 acquire pistols or revolvers , the sheriff or commissioner shall 10 provide a written statement of the reasons for the denial, 11 suspension, or revocation and the applicant or permit holder 12 shall have the right to appeal the denial, suspension, or 13 revocation to an administrative law judge in the department of 14 inspections and appeals within thirty days of receiving written 15 notice of the denial, suspension, or revocation. 16 7. In any case where in which the issuing officer denies 17 an application for, or suspends or revokes a permit to carry 18 weapons or a permit to acquire pistols or revolvers solely 19 because of an adverse determination by the national instant 20 criminal background check system, the applicant or permit 21 holder shall not seek relief under this section but may pursue 22 relief of the national instant criminal background check system 23 determination pursuant to Pub. L. No. 103-159, sections 103(f) 24 and (g) and 104 and 28 C.F.R. §25.10 , or other applicable law. 25 The outcome of such proceedings shall be binding on the issuing 26 officer. 27 8. If an applicant or permit holder appeals the decision 28 by the sheriff or commissioner to deny an application for or 29 suspend or revoke a permit to carry weapons or a permit to 30 acquire pistols or revolvers, and it is later determined on 31 appeal the applicant or permit holder is eligible to be issued 32 or possess a permit to carry weapons or a permit to acquire 33 pistols or revolvers, the applicant or permit holder shall 34 be awarded court costs and reasonable attorney fees. If the 35 -3- LSB 1640YH (2) 89 js/rh 3/ 6

H.F. 155 decision of the sheriff or commissioner to deny an application 1 for or suspend or revoke a permit to carry weapons or a permit 2 to acquire pistols or revolvers is upheld on appeal, or the 3 applicant or permit holder withdraws or dismisses the appeal, 4 the political subdivision of the state representing the sheriff 5 or the state department representing the commissioner shall be 6 awarded court costs and reasonable attorney fees. 7 Sec. 6. Section 724.27, subsection 1, unnumbered paragraph 8 1, Code 2021, is amended to read as follows: 9 The provisions of section 724.8 , section 724.15, subsection 10 1 2 , and section 724.26 shall not apply to a person who is 11 eligible to have the person’s civil rights regarding firearms 12 restored under section 914.7 if any of the following occur: 13 Sec. 7. REPEAL. Sections 724.17, 724.18, 724.19, and 14 724.20, Code 2021, are repealed. 15 Sec. 8. APPLICABILITY OF PERMIT TO ACQUIRE PISTOLS OR 16 REVOLVERS ISSUED PRIOR TO EFFECTIVE DATE. A permit to acquire 17 issued under the provisions of chapter 724, Code 2020, prior to 18 July 1, 2021, shall be considered a valid permit to acquire as 19 long as the permit has not expired unless the person becomes 20 ineligible to acquire a pistol or revolver. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to acquiring pistols and revolvers. 25 Current law provides that any person who intends to purchase 26 a pistol or revolver is required to first obtain an annual 27 permit to acquire pistols or revolvers unless the person is 28 otherwise exempt from obtaining such a permit. It is the 29 intent of the bill to satisfy federal requirements of 18 U.S.C. 30 §922(t)(3) in order to acquire a pistol or revolver. The bill 31 provides that as of July 1, 2021, the state shall no longer 32 issue a permit to acquire. In order to acquire a pistol or 33 revolver from a federally licensed firearms dealer, a person 34 is required to have a valid permit to carry weapons issued in 35 -4- LSB 1640YH (2) 89 js/rh 4/ 6

H.F. 155 accordance with Code chapter 724 or the person must complete 1 a satisfactory national instant criminal background check 2 pursuant to 18 U.S.C. §922(t). The bill provides that a valid 3 permit to carry weapons or license issued by another state to 4 any nonresident of this state does not satisfy the requirements 5 to acquire a pistol or revolver in this state. 6 The bill also makes a conforming change to Code section 7 29C.25 (emergency management and security —— firearms and 8 ammunition) due to the elimination of the permit to acquire. 9 Under the bill, a person is not eligible to acquire a pistol 10 or revolver if the person is less than 21 years of age, is 11 prohibited by Code section 724.26 (felon in possession of a 12 firearm), federal law, or is prohibited by a court order from 13 possessing, shipping, transporting, or receiving a firearm. 14 The bill provides that a permit to acquire a pistol or 15 revolver issued under Code chapter 724 (Code 2020) prior to 16 July 1, 2021, shall be considered a valid permit to acquire as 17 long as the permit has not expired unless the person becomes 18 ineligible to acquire a pistol or revolver. 19 The bill, in Code section 724.15, provides that a permit to 20 acquire firearms issued prior to July 1, 2021, may be suspended 21 or revoked by the issuing officer and the aggrieved permit 22 holder may file an appeal with an administrative law judge 23 under Code section 724.21A pursuant to the 2020 Code. 24 Consistent with striking the requirement to obtain a 25 permit to acquire a pistol or revolver, and moving certain 26 requirements to acquire a pistol or revolver into Code section 27 724.15 as amended in the bill, the bill repeals Code sections 28 724.17 (application for permit to acquire —— criminal history 29 check), 724.18 (procedure for making application for permit to 30 acquire), 724.19 (issuance of annual permit to acquire), and 31 724.20 (validity of permit to acquire pistols or revolvers). 32 The bill amends Code section 724.16 (permit to acquire —— 33 transfer prohibited) by providing that a person who acquires 34 ownership of a pistol or revolver from a federally licensed 35 -5- LSB 1640YH (2) 89 js/rh 5/ 6

H.F. 155 firearms dealer in violation of Code section 724.15 is guilty 1 of an aggravated misdemeanor. Currently, a person who acquires 2 ownership of a pistol or revolver without a valid permit 3 to acquire pistols or revolvers or a person who transfers 4 ownership of a pistol or revolver to a person who does not have 5 in the person’s possession a valid permit to acquire pistols 6 or revolvers is guilty of an aggravated misdemeanor, except as 7 otherwise provided in Code section 724.15(2). 8 The bill makes a conforming change to Code section 724.27 9 relating to the restoration of firearms rights. 10 An aggravated misdemeanor, as referenced in the bill, is 11 punishable by confinement for no more than two years and a fine 12 of at least $855 but not more than $8,540. 13 -6- LSB 1640YH (2) 89 js/rh 6/ 6