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 isnecessary under federal law for the approval of an application to make or transfer a firearmsuppressor. 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 eligibleto 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 firedand 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 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 enforcementofficer shall not refuse, based on a generalized objection, to issue a certification to make ortransfer 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 officershall, within thirty days of receipt of a request for certification, issue such certification if theapplicant is not prohibited by law from making or transferring a firearm suppressor or is notthe subject of a proceeding that could result in the applicant being prohibited by law frommaking or transferring the firearm suppressor. If the chief law enforcement officer does notissue a certification as required by this section, the chief law enforcement officer shall providethe 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 e 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 applicantresides or maintains an address of record. The court shall review the decision of the chieflaw enforcement officer to deny the certification de novo. If the court finds that the applicantis not prohibited by law from making or transferring the firearm suppressor, and is not thesubject of a proceeding that could result in such prohibition, or that no substantial evidencesupports the decision of the chief law enforcement officer, the court shall order the chief lawenforcement officer to issue the certification and award court costs and reasonable attorneyfees to the applicant. If the court determines the applicant is not eligible to be issued acertification, the court shall award court costs and reasonable attorney fees to the politicalsubdivision of the to the applicant. If the court determines the applicant is not eligible to be issued acertification, the court shall award court costs and reasonable attorney fees to the politicalsubdivision 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 inquiryof the national instant criminal background check system maintained by the federal bureauof investigation or any successor agency, but shall only require the applicant to provide asmuch information as is necessary to identify the applicant for this purpose or to determine thedisposition of an arrest or proceeding relevant to the eligibility of the applicant to lawfullypossess or receive a firearm suppressor. A chief law enforcement officer shall not requireaccess to or consent to inspect any private premises as a condition of providing a certificationunder 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 ionunder 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 acertification as required by this section. 2016 Acts, ch 1044, §2, 4 Sat Dec 23 12:32:02 2023 Iowa Code 2024, Section 724.1A (10, 0)
Iowa Legal Code