Amendment H-1243 to HF 654
Relating to the carrying, transportation, and possession of and educational programs about weapons, and including effective date provisions
Ruled not germane · April 12, 2023
Filed April 12, 2023 in the House by
What it changes
- Page 9, after line 24 by inserting: “DIVISION ___ CRIMINAL HISTORY BACKGROUND CHECKS Sec. ___. NEW SECTION . 724.33 Sale or transfer of firearms —— criminal history background check.
- Unless otherwise authorized by this chapter or federal law, a person shall not sell or transfer a firearm to another person without receiving verification from a licensed firearms dealer that information on the prospective purchaser or transferee has been submitted to the department of public safety for a criminal history background check and that a determination has been received by the department of public safety that the prospective purchaser or transferee is not prohibited under either state or federal law from possessing a firearm. A criminal history background check conducted under this section shall include an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation.
- a. Except as provided in paragraph “b” , a person who sells or transfers a firearm in violation of this section is guilty of an aggravated misdemeanor. b. A person does not violate this section under any of the following circumstances: (1) A sale or transfer of a firearm to a firearm buyback program sponsored by a law enforcement agency. (2) A transfer of a firearm to another person during an act of justified self-defense or justified defense of another person, provided that the possession after the transfer lasts no longer than is immediately necessary to resolve the emergency. (3) A transfer of a firearm between family members. (4) The receipt of a firearm bequeathed to the recipient.
- A licensed firearms dealer may charge and collect fees for obtaining criminal history record information checks on -1- H 1206.1701 (3) 90 js/rh 1/ 2 behalf of sellers or transferors.
- The department of public safety shall adopt rules pursuant to chapter 17A as necessary to carry out the provisions of this section.
- For purposes of this section, “licensed firearms dealer” means the same as defined in section 724.29A. Sec. ___. APPLICABILITY. This division of this Act applies to the sale or transfer of firearms on or after July 1,
- ” ___. Title page, line 1, by striking “and possession” and inserting “possession, sale, and transfer” ___. Title page, line 2, after “locations,” by inserting “providing penalties,” ___. Title page, line 3, after “date” by inserting “and applicability””
- By renumbering as necessary.