House File 488 - Introduced
HOUSE FILE 488
BY STAED, WILBURN, AMOS JR.,
KURTH, BROWN-POWERS, and
LEVIN
A BILL FOR
1 An Act relating to identification markings on firearms and
2 firearm parts, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 724.33 Identification marks on
2 firearms —— manufacturing firearms —— penalties.
3 1. As used in this section:
4 a. “Antique firearm” means the same as the term is defined
5 in 18 U.S.C. §921.
6 b. “Department” means the department of public safety.
7 c. “Firearm” means the same as the term is defined in 18
8 U.S.C. §921.
9 d. “Manufacture” means to fabricate or construct a firearm,
10 including the initial assembly.
11 e. “Security exemplar” means the same as the term is defined
12 in 18 U.S.C. §922.
13 f. “Unfinished frame or lower receiver” means a blank,
14 casting, or machined body intended to be turned into the frame
15 or lower receiver of a firearm, with additional machining, and
16 that has been formed or machined to the point at which most
17 major machining operations have been completed to turn the
18 blank, casting, or machined body into a frame or lower receiver
19 of a firearm, even if the fire control cavity area of such
20 blank, casting, or machined body is still completely solid
21 and unmachined. “Unfinished frame or lower receiver” does not
22 include a firearm.
23 2. No later than December 1, 2023, the department, in
24 consultation with the bureau of alcohol, tobacco, firearms,
25 and explosives as necessary, shall develop and maintain a
26 system to distribute a unique serial number or other mark of
27 identification to any person requesting such number or mark
28 pursuant to subsection 4 or 5. The department shall provide
29 notice that the system is operational by posting a notification
30 on the department’s internet site and by electronically
31 notifying federally licensed firearms dealers.
32 3. No person shall remove, deface, alter, or obliterate
33 the name of any maker or model, maker’s number, unique serial
34 number, or other mark of identification on any firearm.
35 The possession of any firearm upon which any identifying
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1 mark, number, or name has been removed, defaced, altered, or
2 obliterated shall be prima facie evidence that the person
3 owning or in possession of such firearm has removed, defaced,
4 altered, or obliterated the identifying mark, number, or name.
5 4. a. A person shall not complete the manufacture of a
6 firearm without subsequently obtaining a unique serial number
7 or other mark of identification from the department pursuant
8 to paragraph “b” and engraving upon or permanently affixing to
9 the firearm such serial number or other mark in a manner that
10 conforms with the requirements imposed on licensed importers
11 and licensed manufacturers of firearms pursuant to 18 U.S.C.
12 §923(i) and any regulation adopted thereunder.
13 b. No later than thirty days after a person completes the
14 manufacture of a firearm, or ninety days after the department
15 provides notice pursuant to subsection 2, whichever date is
16 later, the person shall request a unique serial number or other
17 mark of identification by notifying the department of such
18 manufacture and providing any identifying information to the
19 department concerning the firearm and the owner of such firearm
20 in a manner prescribed by the department. Upon receiving
21 a properly submitted request for a unique serial number or
22 other mark of identification from a person who completes the
23 manufacture of a firearm, the department shall determine if
24 the person is prohibited from purchasing or possessing a
25 firearm. If the person is not prohibited from purchasing or
26 possessing a firearm, the department shall issue to the person
27 a unique serial number or other mark of identification no
28 later than three business days after the person makes such
29 request. Issuance of a unique serial number or other mark
30 of identification pursuant to this subsection shall not be
31 considered evidence that the firearm is otherwise lawfully
32 possessed.
33 c. A person shall not transfer to another person a firearm
34 manufactured in violation of this subsection.
35 d. A person shall not facilitate, aid, or abet the
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1 manufacture of a firearm by a person or for a person who is
2 otherwise prohibited by law from purchasing or possessing a
3 firearm, or that a person is otherwise prohibited by law from
4 purchasing or possessing.
5 e. The provisions of this subsection do not apply to the
6 manufacture of a firearm manufactured using an unfinished frame
7 or lower receiver on which a serial number or other identifying
8 mark has been engraved or permanently affixed pursuant to
9 subsection 5.
10 f. The provisions of this subsection do not apply to any of
11 the following:
12 (1) The manufacture of firearms by a federally licensed
13 firearms manufacturer.
14 (2) Any antique firearm or any firearm manufactured prior
15 to the effective date of this Act, provided such firearm is
16 otherwise lawfully possessed.
17 (3) The delivery or transfer of a firearm to a law
18 enforcement agency.
19 5. a. A person shall not sell, deliver, or otherwise
20 transfer an unfinished frame or lower receiver that does not
21 have a unique serial number or other mark of identification
22 obtained pursuant to the system developed in subsection 2.
23 b. A person may request a unique serial number or other mark
24 of identification for an unfinished frame or lower receiver
25 by providing any identifying information to the department
26 concerning the unfinished frame or lower receiver and the
27 owner of such unfinished frame or lower receiver in a manner
28 prescribed by the department. Upon receiving a properly
29 submitted request for a unique serial number or other mark
30 of identification for an unfinished frame or lower receiver,
31 the department shall determine if the person is prohibited
32 from purchasing or possessing a firearm. If the person is
33 not prohibited from purchasing or possessing a firearm, the
34 department shall issue to the person a unique serial number
35 or other mark of identification no later than three business
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1 days after the person makes such request or ten days after the
2 department provides notice pursuant to subsection 2, whichever
3 date is later.
4 c. A unique serial number or other identifying mark obtained
5 pursuant to paragraph “b” shall be engraved upon or permanently
6 affixed to the unfinished frame or lower receiver in a manner
7 that conforms with the requirements imposed on licensed
8 importers and licensed manufacturers of firearms pursuant to 18
9 U.S.C. §923(i) and any regulation adopted thereunder.
10 d. A person may arrange in advance to deliver and transfer
11 an unfinished frame or lower receiver to the department or to a
12 police department.
13 e. On or after December 1, 2023, a person shall not possess
14 an unfinished frame or lower receiver unless the person is
15 eligible to purchase and possess a firearm under state and
16 federal law.
17 f. The provisions of this subsection do not apply to the
18 sale, delivery, or transfer of an unfinished frame or lower
19 receiver between any of the following:
20 (1) A federally licensed firearms manufacturer and a
21 federally licensed firearms dealer.
22 (2) A federally licensed firearms importer and a federally
23 licensed firearms dealer.
24 (3) Multiple federally licensed firearms dealers.
25 6. A person shall not manufacture any firearm from polymer
26 plastic that, after removal of grips, stocks, and magazines,
27 does not have a unique serial number or other mark of
28 identification, and is not as detectable as a security exemplar
29 by walk-through metal detectors calibrated and operated to
30 detect the security exemplar.
31 7. a. Except as otherwise provided in paragraph “b”, a
32 person who violates a provision of this section commits a class
33 “C” felony.
34 b. A person who sells, delivers, or otherwise transfers
35 an unfinished frame or lower receiver in violation of the
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1 provisions of this section knowing that such unfinished frame
2 or lower receiver is stolen or that the manufacturer’s number
3 or other mark of identification on such unfinished frame or
4 lower receiver has been altered, removed, or obliterated
5 commits a class “B” felony.
6 c. Any firearm or unfinished frame or lower receiver
7 possessed in violation of a provision of this section shall be
8 forfeited to the department.
9 EXPLANATION
10 The inclusion of this explanation does not constitute agreement with
11 the explanation’s substance by the members of the general assembly.
12 This bill relates to identification markings on firearms and
13 firearm parts.
14 The bill requires the department of public safety (DPS), in
15 consultation with the bureau of alcohol, tobacco, firearms, and
16 explosives as necessary, by December 1, 2023, to develop and
17 maintain a system to distribute a unique serial number or other
18 mark of identification for a firearm or unfinished frame or
19 lower receiver intended to be a part of a firearm to any person
20 requesting such number or mark. The bill prohibits a person
21 from removing, defacing, altering, or obliterating the name of
22 any maker or model, maker’s number, unique serial number, or
23 other mark of identification on any firearm. The possession of
24 any firearm upon which any identifying mark, number, or name
25 has been removed, defaced, altered, or obliterated shall be
26 prima facie evidence that the person owning or in possession of
27 such firearm has removed, defaced, altered, or obliterated the
28 identifying mark, number, or name.
29 The bill prohibits a person from completing the manufacture
30 of a firearm without subsequently obtaining a unique serial
31 number or other mark of identification from DPS and engraving
32 upon or permanently affixing to the firearm such serial
33 number or other mark in a manner that conforms with federal
34 requirements. The bill prohibits a person from transferring
35 to another person a firearm manufactured in violation of the
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1 bill or facilitating, aiding, or abetting the manufacture
2 of a firearm by a person or for a person who is otherwise
3 prohibited by law from purchasing or possessing a firearm, or
4 that a person is otherwise prohibited by law from purchasing
5 or possessing.
6 The prohibitions relating to the manufacture or transfer
7 of firearms that do not have a proper identifying mark do not
8 apply to the manufacture of a firearm manufactured using an
9 unfinished frame or lower receiver on which a serial number
10 or other identifying mark has been engraved or permanently
11 affixed; to the manufacture of firearms by a federally licensed
12 firearms manufacturer; to any antique firearm or any firearm
13 manufactured prior to the effective date of the bill, provided
14 such firearm is otherwise lawfully possessed; or to the
15 delivery or transfer of a firearm to a law enforcement agency.
16 The bill prohibits a person from selling, delivering, or
17 otherwise transferring an unfinished frame or lower receiver
18 that does not have a unique serial number or other mark of
19 identification obtained pursuant to the bill. Beginning
20 December 1, 2023, a person shall not possess an unfinished
21 frame or lower receiver unless the person is eligible to
22 purchase and possess a firearm under state and federal law.
23 These provisions do not apply to the sale, delivery, or
24 transfer of an unfinished frame or lower receiver between
25 a federally licensed firearms manufacturer and a federally
26 licensed firearms dealer, a federally licensed firearms
27 importer and a federally licensed firearms dealer, or multiple
28 federally licensed firearms dealers.
29 The bill prohibits a person from manufacturing any firearm
30 from polymer plastic that, after removal of grips, stocks,
31 and magazines, does not have a unique serial number or other
32 mark of identification, and is not as detectable as a security
33 exemplar by walk-through metal detectors calibrated and
34 operated to detect the security exemplar.
35 Generally, a person who violates a provision of the bill
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1 commits a class “C” felony. However, a person who sells,
2 delivers, or otherwise transfers an unfinished frame or lower
3 receiver in violation of the provisions of the bill knowing
4 that such unfinished frame or lower receiver is stolen or that
5 the manufacturer’s number or other mark of identification on
6 such unfinished frame or lower receiver has been altered,
7 removed, or obliterated commits a class “B” felony. Any
8 firearm or unfinished frame or lower receiver possessed in
9 violation of the bill shall be forfeited to DPS.
10 A class “C” felony is punishable by confinement for no more
11 than 10 years and a fine of at least $1,370 but not more than
12 $13,660. A class “B” felony is punishable by confinement for
13 no more than 25 years.
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