724.1A Firearm suppressors — certification.
1. As used in this section, unless the context otherwise requires:
a. “Certification” means the participation and assent of the chief law enforcement officer of the jurisdiction where the applicant resides or maintains an address of record, that is necessary under federal law for the approval of an application to make or transfer a firearm suppressor.
b. “Chief law enforcement officer” means the county sheriff, chief of police, or the designee of such official, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, has identified by regulation or has determined is otherwise eligible to provide any required certification for making or transferring a firearm suppressor.
c. “Firearm suppressor” means a mechanical device specifically constructed and designed so that when attached to a firearm it silences, muffles, or suppresses the sound when fired and that is considered a “firearm silencer” or “firearm muffler” as defined in 18 U.S.C. §921.
2. a. A chief law enforcement officer is not required to make any certification under this section the chief law enforcement officer knows to be false, but the chief law enforcement officer shall not refuse, based on a generalized objection, to issue a certification to make or transfer a firearm suppressor.
b. When the certification of the chief law enforcement officer is required by federal law or regulation for making or transferring a firearm suppressor, the chief law enforcement officer shall, within thirty days of receipt of a request for certification, issue such certification if the applicant is not prohibited by law from making or transferring a firearm suppressor or is not the subject of a proceeding that could result in the applicant being prohibited by law from making or transferring the firearm suppressor. If the chief law enforcement officer does not issue a certification as required by this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial.
c. A certification that has been approved under this section grants the person the authority to make or transfer a firearm suppressor as provided by state and federal law.
3. An applicant whose request for certification is denied may appeal the decision of the chief law enforcement officer to the district court for the county in which the applicant resides or maintains an address of record. The court shall review the decision of the chief law enforcement officer to deny the certification de novo. If the court finds that the applicant is not prohibited by law from making or transferring the firearm suppressor, and is not the subject of a proceeding that could result in such prohibition, or that no substantial evidence supports the decision of the chief law enforcement officer, the court shall order the chief law enforcement officer to issue the certification and award court costs and reasonable attorney fees to the applicant. If the court determines the applicant is not eligible to be issued a certification, the court shall award court costs and reasonable attorney fees to the political subdivision of the state representing the chief law enforcement officer.
4. In making a determination about whether to issue a certification under subsection 2, a chief law enforcement officer may conduct a criminal background check, including an inquiry of the national instant criminal background check system maintained by the federal bureau of investigation or any successor agency, but shall only require the applicant to provide as much information as is necessary to identify the applicant for this purpose or to determine the disposition of an arrest or proceeding relevant to the eligibility of the applicant to lawfully possess or receive a firearm suppressor. A chief law enforcement officer shall not require access to or consent to inspect any private premises as a condition of providing a certification under this section.
5. A chief law enforcement officer and employees of the chief law enforcement officer who act in good faith are immune from liability arising from any act or omission in making a certification as required by this section.
2016 Acts, ch 1044, §2, 4
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 724.1 - Offensive weapons.
Section 724.1A - Firearm suppressors — certification.
Section 724.1B - Firearm suppressors — penalty.
Section 724.1C - Short-barreled rifle or short-barreled shotgun — penalty.
Section 724.2 - Authority to possess offensive weapons.
Section 724.2A - Peace officer — defined — reserved peace officer included.
Section 724.3 - Unauthorized possession of offensive weapons.
Section 724.4 - Use of a dangerous weapon in the commission of a crime.
Section 724.4A - Weapons free zones — enhanced penalties.
Section 724.4B - Carrying firearms on school grounds — penalty — exceptions.
Section 724.4C - Possession or carrying of dangerous weapons while under the influence.
Section 724.4D - Carrying of dangerous weapons — duty to cooperate — reasonable suspicion.
Section 724.4E - Possession of dangerous weapons and loaded firearms by minors.
Section 724.6 - Professional permit to carry weapons.
Section 724.7 - Nonprofessional permit to carry weapons.
Section 724.8 - Persons ineligible for permit to carry weapons.
Section 724.8B - Persons ineligible to carry dangerous weapons.
Section 724.9 - Firearm safety training.
Section 724.9A - Approval of organizations that may certify handgun safety training instructors.
Section 724.10 - Application for permit to carry weapons — background check required.
Section 724.11 - Issuance of permit to carry weapons.
Section 724.11A - Recognition.
Section 724.12 - Permit to carry weapons not transferable.
Section 724.14 - Nonprofessional permit — change of residence to another county.
Section 724.15 - Acquiring pistols or revolvers.
Section 724.16 - Prohibited transfers of firearms.
Section 724.16A - Trafficking in stolen weapons.
Section 724.17 - Permit to acquire — criminal history check.
Section 724.18 - Procedure for making application for permit to acquire.
Section 724.19 - Issuance of permit to acquire.
Section 724.20 - Validity of permit to acquire pistols or revolvers.
Section 724.21 - Giving false information when acquiring pistol or revolver.
Section 724.22 - Persons under twenty-one — sale, loan, gift, making available — possession.
Section 724.23 - Records kept by commissioner and issuing officers.
Section 724.24 - Purchase or sale of firearms in contiguous states.
Section 724.25 - Felony and antique firearm defined.
Section 724.27 - Offenders’ rights restored.
Section 724.28 - Prohibition of regulation by political subdivisions — exception.
Section 724.28A - Authority to carry firearm — peace officers.
Section 724.29 - Firearm devices.
Section 724.29A - Fraudulent purchase of firearms or ammunition.
Section 724.30 - Reckless use of a firearm.
Section 724.31A - Identifying information — background checks.