On July 1st the Biggest Pro-Second Amendment Bill In Iowa History Becomes State Law
The first of July brings about the biggest changes in Iowa gun law in state history. House File 517, known to some as the Omnibus Gun Bill, is in effect twenty pro-Second Amendment pieces of legislation all rolled into a single bill. Some of the most discussed provisions within HF517 include:
● Stand Your Ground ● Legalizing Youth Handgun Shooting ● Legalizing Short Barreled Rifles and Shotguns (SBRs/SBSs) ● Allowing citizens to sue local governments that illegally try to preempt state weapons law
Other, lesser known, provisions protect the personal information of Permit to Carry holders in Iowa, increase the penalties for straw purchasers who buy guns for criminals, and a number of technical fixes to Iowa’s Permit to Carry application process.
Many of the provisions taking effect on July 1st are issues Iowa Firearms Coalition (IFC) members have lobbied for for quite some time. Over the years opponents of IFC backed gun bills have resorted to various “extra-legislative” measures in an attempt to block many of the bills about to take effect under HF517. Senate Minority Rob Hogg, former chair of the Senate Judiciary Committee, routinely used his leadership position to deny votes on IFC backed bills. In 2012 Democrats in the Iowa House walked out of the capitol and refused to return to work for nearly a full day in opposition to an IFC backed Second Amendment bill. And in the most extreme case, Michael McRae, a clerk working for Representative Ako Abdul Samad faked a biological weapons attack on the capitol, complete with a forged letter lined with white powder and racial slurs in an attempted smear campaign directed at Second Amendment advocates trying to pass Stand Your Ground law. Last September McRae was sentenced to 18 months in prison for his botched frame job of Iowa’s Second Amendment advocates.
Despite the extreme measures taken by opponents of Second Amendment legislation Iowa’s firearms community prevailed last November in removing numerous legislative roadblocks. This spring the years of grassroots advocacy, lobbying and campaigning paid off with the passage of House File 517. HF517 is not only the largest pro-Second Amendment bill in Iowa history, it is also far and away 2017’s most comprehensive pro-gun owner bill passed anywhere in the country. All 3.1 million Iowans, gun owners or not, have regained a great number of freedoms this year thanks to the hard work of Iowa Firearms Coalition members.
We have included a piece-by-piece breakdown of each provision of HF517 and what it accomplishes for the people of Iowa. The complete text of HF517 can also be found at the following URL: https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=hf517
Division 1 - Legalizing SBRs/SBSs - effective July 1 Removes Short Barreled Rifles (SBRs) and Short Barreled Shotguns (SBSs) from Iowa’s list of “Offensive Weapons” This allows Iowans to own SBRs & SBSs as long as they meet federal requirements -- background check, tax stamp etc.
Division 2 - Going Armed with Intent - effective July 1 Makes it so that lawfully carrying a firearms does not imply intent to harm another person. Just because you're lawfully carrying does not automatically mean your intention is to harm someone. This acknowledges the fact that law-abiding citizens carry strictly for defensive purposes without intent to harm others.
Division 2 - Duty to Carry Permit - effective July 1 Under Iowa law citizens with a Permit to Carry Weapons shall have their permit in their "immediate possession." Failure to do this is a misdemeanor. Under HF517 a person who fails to meet this requirement can present their valid Permit to Carry and have their charge dismissed.
Division 3 - Firearm Safety Training Program - effective July 1 Hunter Safety Courses that include a handgun safety training program will be accepted as valid training needed to qualify for a Permit to Carry.
Division 3 - Permit Renewal Requirements - effective July 1 Firearm safety training is no longer needed for permit renewals, only for your initial Permit to Carry application.
Division 3 - Permits for Military Personnel and Veterans - effective July 1 A military veteran's DD214 is now acceptable for proof of training for permit renewals (in addition to initial Permit to Carry applications). Active duty military personnel may use a Basic Training certificate of completion as their proof of training when applying for or renewing their Permit to Carry.
Division 3 - Permit Renewal Window - effective July 1 Permit renewal period extended to 30 days before and 30 days after the expiration date listed on a Permit to Carry.
Division 3 - Permit Costs - effective July 1 The cost of a Permit to Carry is set at $50 for the initial permit. The price of Permit to Carry renewals or duplicate permits shall be set at $25. Sheriff's departments may not charge additional fees or charges for Permits to Carry.
Division 3 - Uniform Permits - effective July 1 All permits shall have a uniform appearance statewide. Permits will contain a person’s name, effective date and a warning that the permit is invalid if the holder is intoxicated. Permits shall not include a person’s social security number, any information about what weapon or ammunition a person carries. No more paper permits.
Division 3 - Appealing Denied Permit Applications - effective July 1 If a permit is denied by a sheriff the applicant can appeal. If it is determined that the applicant was wrongly denied the sheriff’s department shall be responsible for the applicant’s court and reasonable attorney’s fees. If an applicant’s appeal is upheld the applicant will be responsible for the sheriff’s court and reasonable attorney’s fees.
Division 4 - Permit to Acquire - effective July 1 Permit to Acquire pistols or revolvers are now valid for five years instead of one.
Division 5 - Supervised Youth Handgun Shooting - effective IMMEDIATELY Repeals Iowa's ban supervised youth handgun shooting. Any Iowan under the age of 14 may legally shoot pistols or revolvers so long as they're under the direct supervision of a sober parent, guardian or instructor over the age of 21.
Division 6 - Permit Privacy - effective IMMEDIATELY The personal information contained on a Permit to Carry or Permit to Acquire cannot be shared outside of law enforcement use. The Department of Public Safety or Sheriff's Departments may share statistical information only, e.g. "There was a 90% increase in Permits to Carry issued in 2017." This prevents the malicious mass collection and publication of Permit holder's private information by media outlets.
Division 7 - Preemption/Suing Local Government - effective July 1 A political subdivision (city, county or township) shall not enact an ordinance banning the lawful possession of weapons (aka gun free zone). If a political subdivision preempts state law and bans the law possession of weapons a citizen may sue that subdivision for being adversely affected. Citizens can sue their local city for breaking Iowa weapons law by enacting gun free zones.
Division 8 - Capitol Carry - effective July 1 Citizens holding a valid Permit to Carry may carry concealed a pistol or revolver within the state capitol and it's parking lots.
Division 9 - Emergency Powers - effective July 1 During a declared state of emergency the State of Iowa, nor any political subdivision (city, county or township) shall not prohibit the carrying, possession, sale or transfer of firearms or ammunition.
Division 10 - Stand Your Ground - effective July 1 Allows lawful citizens to use reasonable force (that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent injury or loss of life). Removes a lawful citizen's duty to retreat. Also includes Civil Immunity. If you are deemed to have acted in a reasonable manner and cleared of any wrongdoing in a criminal court you cannot be sued in civil court. If you are forced to use deadly force you must call the authorities in a reasonable time period and no intentionally destroy or alter evidence.
Division 11 - Enhanced Straw Purchasing Penalties - effective July 1 Anyone caught serving as a Straw Purchaser (buying a weapon for a prohibited person) is committing a Class D felony.
Division 12 - Snowmobile and ATV Carry - effective July 1 Removes the requirement of so-called "Retention Holsters" while carrying and lawfully riding ATVs or Snowmobiles.
Division 13 - Target Shooting on Private Property - effective July 1 A person target shooting on private property in an unincorporated area shall not be charged with noise pollution or breaking of other public or private nuisance laws.
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