House File 488 - Introduced HOUSE FILE 488 BY STAED , WILBURN , AMOS JR. , KURTH , BROWN-POWERS , and LEVIN A BILL FOR An Act relating to identification markings on firearms and 1 firearm parts, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1814YH (5) 90 js/rh
H.F. 488 Section 1. NEW SECTION . 724.33 Identification marks on 1 firearms manufacturing firearms penalties. 2 1. As used in this section: 3 a. Antique firearm means the same as the term is defined 4 in 18 U.S.C. 921. 5 b. Department means the department of public safety. 6 c. Firearm means the same as the term is defined in 18 7 U.S.C. 921. 8 d. Manufacture means to fabricate or construct a firearm, 9 including the initial assembly. 10 e. Security exemplar means the same as the term is defined 11 in 18 U.S.C. 922. 12 f. Unfinished frame or lower receiver means a blank, 13 casting, or machined body intended to be turned into the frame 14 or lower receiver of a firearm, with additional machining, and 15 that has been formed or machined to the point at which most 16 major machining operations have been completed to turn the 17 blank, casting, or machined body into a frame or lower receiver 18 of a firearm, even if the fire control cavity area of such 19 blank, casting, or machined body is still completely solid 20 and unmachined. Unfinished frame or lower receiver does not 21 include a firearm. 22 2. No later than December 1, 2023, the department, in 23 consultation with the bureau of alcohol, tobacco, firearms, 24 and explosives as necessary, shall develop and maintain a 25 system to distribute a unique serial number or other mark of 26 identification to any person requesting such number or mark 27 pursuant to subsection 4 or 5. The department shall provide 28 notice that the system is operational by posting a notification 29 on the departments internet site and by electronically 30 notifying federally licensed firearms dealers. 31 3. No person shall remove, deface, alter, or obliterate 32 the name of any maker or model, makers number, unique serial 33 number, or other mark of identification on any firearm. 34 The possession of any firearm upon which any identifying 35 -1- LSB 1814YH (5) 90 js/rh 1/ 7
H.F. 488 mark, number, or name has been removed, defaced, altered, or 1 obliterated shall be prima facie evidence that the person 2 owning or in possession of such firearm has removed, defaced, 3 altered, or obliterated the identifying mark, number, or name. 4 4. a. A person shall not complete the manufacture of a 5 firearm without subsequently obtaining a unique serial number 6 or other mark of identification from the department pursuant 7 to paragraph b and engraving upon or permanently affixing to 8 the firearm such serial number or other mark in a manner that 9 conforms with the requirements imposed on licensed importers 10 and licensed manufacturers of firearms pursuant to 18 U.S.C. 11 923(i) and any regulation adopted thereunder. 12 b. No later than thirty days after a person completes the 13 manufacture of a firearm, or ninety days after the department 14 provides notice pursuant to subsection 2, whichever date is 15 later, the person shall request a unique serial number or other 16 mark of identification by notifying the department of such 17 manufacture and providing any identifying information to the 18 department concerning the firearm and the owner of such firearm 19 in a manner prescribed by the department. Upon receiving 20 a properly submitted request for a unique serial number or 21 other mark of identification from a person who completes the 22 manufacture of a firearm, the department shall determine if 23 the person is prohibited from purchasing or possessing a 24 firearm. If the person is not prohibited from purchasing or 25 possessing a firearm, the department shall issue to the person 26 a unique serial number or other mark of identification no 27 later than three business days after the person makes such 28 request. Issuance of a unique serial number or other mark 29 of identification pursuant to this subsection shall not be 30 considered evidence that the firearm is otherwise lawfully 31 possessed. 32 c. A person shall not transfer to another person a firearm 33 manufactured in violation of this subsection. 34 d. A person shall not facilitate, aid, or abet the 35 -2- LSB 1814YH (5) 90 js/rh 2/ 7
H.F. 488 manufacture of a firearm by a person or for a person who is 1 otherwise prohibited by law from purchasing or possessing a 2 firearm, or that a person is otherwise prohibited by law from 3 purchasing or possessing. 4 e. The provisions of this subsection do not apply to the 5 manufacture of a firearm manufactured using an unfinished frame 6 or lower receiver on which a serial number or other identifying 7 mark has been engraved or permanently affixed pursuant to 8 subsection 5. 9 f. The provisions of this subsection do not apply to any of 10 the following: 11 (1) The manufacture of firearms by a federally licensed 12 firearms manufacturer. 13 (2) Any antique firearm or any firearm manufactured prior 14 to the effective date of this Act, provided such firearm is 15 otherwise lawfully possessed. 16 (3) The delivery or transfer of a firearm to a law 17 enforcement agency. 18 5. a. A person shall not sell, deliver, or otherwise 19 transfer an unfinished frame or lower receiver that does not 20 have a unique serial number or other mark of identification 21 obtained pursuant to the system developed in subsection 2. 22 b. A person may request a unique serial number or other mark 23 of identification for an unfinished frame or lower receiver 24 by providing any identifying information to the department 25 concerning the unfinished frame or lower receiver and the 26 owner of such unfinished frame or lower receiver in a manner 27 prescribed by the department. Upon receiving a properly 28 submitted request for a unique serial number or other mark 29 of identification for an unfinished frame or lower receiver, 30 the department shall determine if the person is prohibited 31 from purchasing or possessing a firearm. If the person is 32 not prohibited from purchasing or possessing a firearm, the 33 department shall issue to the person a unique serial number 34 or other mark of identification no later than three business 35 -3- LSB 1814YH (5) 90 js/rh 3/ 7
H.F. 488 days after the person makes such request or ten days after the 1 department provides notice pursuant to subsection 2, whichever 2 date is later. 3 c. A unique serial number or other identifying mark obtained 4 pursuant to paragraph b shall be engraved upon or permanently 5 affixed to the unfinished frame or lower receiver in a manner 6 that conforms with the requirements imposed on licensed 7 importers and licensed manufacturers of firearms pursuant to 18 8 U.S.C. 923(i) and any regulation adopted thereunder. 9 d. A person may arrange in advance to deliver and transfer 10 an unfinished frame or lower receiver to the department or to a 11 police department. 12 e. On or after December 1, 2023, a person shall not possess 13 an unfinished frame or lower receiver unless the person is 14 eligible to purchase and possess a firearm under state and 15 federal law. 16 f. The provisions of this subsection do not apply to the 17 sale, delivery, or transfer of an unfinished frame or lower 18 receiver between any of the following: 19 (1) A federally licensed firearms manufacturer and a 20 federally licensed firearms dealer. 21 (2) A federally licensed firearms importer and a federally 22 licensed firearms dealer. 23 (3) Multiple federally licensed firearms dealers. 24 6. A person shall not manufacture any firearm from polymer 25 plastic that, after removal of grips, stocks, and magazines, 26 does not have a unique serial number or other mark of 27 identification, and is not as detectable as a security exemplar 28 by walk-through metal detectors calibrated and operated to 29 detect the security exemplar. 30 7. a. Except as otherwise provided in paragraph b , a 31 person who violates a provision of this section commits a class 32 C felony. 33 b. A person who sells, delivers, or otherwise transfers 34 an unfinished frame or lower receiver in violation of the 35 -4- LSB 1814YH (5) 90 js/rh 4/ 7
H.F. 488 provisions of this section knowing that such unfinished frame 1 or lower receiver is stolen or that the manufacturers number 2 or other mark of identification on such unfinished frame or 3 lower receiver has been altered, removed, or obliterated 4 commits a class B felony. 5 c. Any firearm or unfinished frame or lower receiver 6 possessed in violation of a provision of this section shall be 7 forfeited to the department. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill relates to identification markings on firearms and 12 firearm parts. 13 The bill requires the department of public safety (DPS), in 14 consultation with the bureau of alcohol, tobacco, firearms, and 15 explosives as necessary, by December 1, 2023, to develop and 16 maintain a system to distribute a unique serial number or other 17 mark of identification for a firearm or unfinished frame or 18 lower receiver intended to be a part of a firearm to any person 19 requesting such number or mark. The bill prohibits a person 20 from removing, defacing, altering, or obliterating the name of 21 any maker or model, makers number, unique serial number, or 22 other mark of identification on any firearm. The possession of 23 any firearm upon which any identifying mark, number, or name 24 has been removed, defaced, altered, or obliterated shall be 25 prima facie evidence that the person owning or in possession of 26 such firearm has removed, defaced, altered, or obliterated the 27 identifying mark, number, or name. 28 The bill prohibits a person from completing the manufacture 29 of a firearm without subsequently obtaining a unique serial 30 number or other mark of identification from DPS and engraving 31 upon or permanently affixing to the firearm such serial 32 number or other mark in a manner that conforms with federal 33 requirements. The bill prohibits a person from transferring 34 to another person a firearm manufactured in violation of the 35 -5- LSB 1814YH (5) 90 js/rh 5/ 7
H.F. 488 bill or facilitating, aiding, or abetting the manufacture 1 of a firearm by a person or for a person who is otherwise 2 prohibited by law from purchasing or possessing a firearm, or 3 that a person is otherwise prohibited by law from purchasing 4 or possessing. 5 The prohibitions relating to the manufacture or transfer 6 of firearms that do not have a proper identifying mark do not 7 apply to the manufacture of a firearm manufactured using an 8 unfinished frame or lower receiver on which a serial number 9 or other identifying mark has been engraved or permanently 10 affixed; to the manufacture of firearms by a federally licensed 11 firearms manufacturer; to any antique firearm or any firearm 12 manufactured prior to the effective date of the bill, provided 13 such firearm is otherwise lawfully possessed; or to the 14 delivery or transfer of a firearm to a law enforcement agency. 15 The bill prohibits a person from selling, delivering, or 16 otherwise transferring an unfinished frame or lower receiver 17 that does not have a unique serial number or other mark of 18 identification obtained pursuant to the bill. Beginning 19 December 1, 2023, a person shall not possess an unfinished 20 frame or lower receiver unless the person is eligible to 21 purchase and possess a firearm under state and federal law. 22 These provisions do not apply to the sale, delivery, or 23 transfer of an unfinished frame or lower receiver between 24 a federally licensed firearms manufacturer and a federally 25 licensed firearms dealer, a federally licensed firearms 26 importer and a federally licensed firearms dealer, or multiple 27 federally licensed firearms dealers. 28 The bill prohibits a person from manufacturing any firearm 29 from polymer plastic that, after removal of grips, stocks, 30 and magazines, does not have a unique serial number or other 31 mark of identification, and is not as detectable as a security 32 exemplar by walk-through metal detectors calibrated and 33 operated to detect the security exemplar. 34 Generally, a person who violates a provision of the bill 35 -6- LSB 1814YH (5) 90 js/rh 6/ 7
H.F. 488 commits a class C felony. However, a person who sells, 1 delivers, or otherwise transfers an unfinished frame or lower 2 receiver in violation of the provisions of the bill knowing 3 that such unfinished frame or lower receiver is stolen or that 4 the manufacturers number or other mark of identification on 5 such unfinished frame or lower receiver has been altered, 6 removed, or obliterated commits a class B felony. Any 7 firearm or unfinished frame or lower receiver possessed in 8 violation of the bill shall be forfeited to DPS. 9 A class C felony is punishable by confinement for no more 10 than 10 years and a fine of at least $1,370 but not more than 11 $13,660. A class B felony is punishable by confinement for 12 no more than 25 years. 13 -7- LSB 1814YH (5) 90 js/rh 7/ 7