Search terms: COUNTY SHERIFF |
IN THE HOUSE OF REPRESENTATIVES
BY STATE AFFAIRS COMMITTEE
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AN ACT
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amended to read as follows:
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18-3302. CONCEALED WEAPONS. (1) The legislature hereby finds that the
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while granting the legislature the authority to regulate the carrying of
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weapons concealed. The provisions of this chapter regulating the carrying
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of weapons must be strictly construed so as to give maximum scope to the
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rights retained by the people.
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(2) As used in this chapter:
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(a) "Concealed weapon" means any deadly weapon carried on or about the
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person in a manner not discernible by ordinary observation;
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(b) "Deadly weapon" means:
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(i) Any dirk, dirk knife, bowie knife, dagger or firearm;
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(ii) Any other weapon, device, instrument, material or substance
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that is designed and manufactured to be readily capable of causing
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death or serious bodily injury; or
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(iii) Any other weapon, device, instrument, material or substance
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that is intended by the person to be readily capable of causing
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death or serious bodily injury.
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(c) The term "deadly weapon" does not include:
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(i) Any knife, cleaver or other instrument that is intended by the
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person to be used in the processing, preparation or eating of food;
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(ii) Any knife with a blade six (6) inches or less; or
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(iii) Any taser, stun-gun, pepper spray or mace;
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(d) "Firearm" means any weapon that will, is designed to, or may readily
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be converted to expel a projectile by the action of an explosive;
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(e) "Loaded" means:
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(i) For a firearm capable of using fixed ammunition, that live
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ammunition is present in:
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1. The chamber or chambers of the firearm;
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2. Any internal magazine of the firearm; or
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3. A detachable magazine inserted in the firearm;
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(ii) For a firearm that is not capable of using fixed ammunition,
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that the firearm contains:
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1. A propellant charge; and
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2. A priming cap or primer cap.
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(3) No person shall carry concealed weapons on or about his person with-
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out a license to carry concealed weapons, except:
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(a) In the person's place of abode or fixed place of business;
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(b) On property in which the person has any ownership or leasehold in-
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terest;
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(c) On private property where the person has permission to carry con-
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cealed weapons from any person with an ownership or leasehold interest;
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(d) Outside the limits of or confines of any city, if the person is eigh-
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teen (18) years of age or older and is not otherwise disqualified from
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being issued a license under subsection (11) of this section.
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(4) Subsection (3) of this section shall not apply to restrict or pro-
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hibit the carrying or possession of:
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(a) Any deadly weapon located in plain view;
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(b) Any lawfully possessed shotgun or rifle;
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(c) Any deadly weapon concealed in a motor vehicle;
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(d) A firearm that is not loaded and is secured in a case;
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(e) A firearm that is disassembled or permanently altered such that it
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is not readily operable; and
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(f) Any deadly weapon concealed by a person who is:
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(i) Over eighteen (18) years of age;
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(iii) Is not disqualified from being issued a license under para-
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graphs (b) through (n) of subsection (11) of this section. (a)
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(5) The requirement to secure a license to carry concealed weapons un-
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der this section shall not apply to the following persons:
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guard when in performance of official duties;
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(d) Criminal investigators of the attorney general's office and crim-
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inal investigators of a prosecuting attorney's office, prosecutors and
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their deputies;
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good standing;
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(f) Retired peace officers or detention deputies with at least ten (10)
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years of service with the state or a political subdivision as a peace of-
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ficer or detention deputy and who have been certified by the peace offi-
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cer standards and training council;
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(g) Any person who has physical possession of his valid license or per-
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mit authorizing him to carry concealed weapons from another state; and
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(h) Any person who has physical possession of a valid license or permit
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rizing him to carry concealed weapons.
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(6) The sheriff of the county of the applicant's residence or, if the
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applicant has obtained a protection order pursuant to chapter 63, title 39,
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ing may issue a temporary emergency license for good cause pending review of
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an application made under subsection (7) of this section. Temporary emer-
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gency licenses must be easily distinguishable from regular licenses. A tem-
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porary emergency license shall be valid for not more than ninety (90) days.
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within ninety (90) days after the filing of a license application by any per-
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son who is not disqualified as provided herein from possessing or receiving
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a firearm under state or federal law, issue a license to the person to carry
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concealed weapons on his person within this state. Such license shall be
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valid for five (5) years from the date of issuance.
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(8) The sheriff must make license applications readily available at the
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office of the sheriff, at other public offices in his or her jurisdiction and
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meet the following requirements:
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(a) The license application shall require the applicant's name, ad-
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dress, description, signature, date of birth, place of birth, military
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status, citizenship and the driver's license number or state identi-
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fication card number if used for identification in applying for the
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require any alien or admission number issued to the applicant by United
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States immigration and customs enforcement or any successor agency;
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(b) The license application may ask the applicant to disclose his
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social security number but must indicate that disclosure of the appli-
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cant's social security number is optional; and
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(c) The license application must contain a warning that substantially
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reads as follows:
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CAUTION: Federal law and state law on the possession of weapons and
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firearms differ. If you are prohibited by federal law from possess-
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ing a weapon or a firearm, you may be prosecuted in federal court. A
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state permit is not a defense to a federal prosecution.
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(9) The sheriff may require the applicant to demonstrate familiarity
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with a firearm and must accept any one (1) of the following as evidence of the
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applicant's familiarity with a firearm:
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(a) Completion of any hunter education or hunter safety course approved
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by the department of fish and game or a similar agency of another state;
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(b) Completion of any national rifle association firearms safety or
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training course or any national rifle association hunter education
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course or any equivalent course;
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(c) Completion of any firearms safety or training course or class
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available to the general public offered by a law enforcement agency,
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community college, college, university or private or public institu-
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tion or organization or firearms training school, utilizing instruc-
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police;
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(d) Completion of any law enforcement firearms safety or training
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course or class offered for security guards, investigators, special
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deputies, or offered for any division or subdivision of a law enforce-
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ment agency or security enforcement agency;
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(e) Evidence of equivalent experience with a firearm through partici-
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pation in organized shooting competition or military service;
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(f) A current license to carry concealed weapons pursuant to this sec-
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tion, unless the license has been revoked for cause;
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(g) Completion of any firearms training or safety course or class con-
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ducted by a state-certified or national rifle association-certified
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firearms instructor; or
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(h) Other training that the sheriff deems appropriate.
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(10) Any person applying for original issuance of a license to carry
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concealed weapons must submit his fingerprints with the completed license
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application. Within five (5) days after the filing of an application, the
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sheriff must forward the applicant's completed license application and fin-
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national fingerprint-based records check, an inquiry through the national
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instant criminal background check system and a check of any applicable state
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database, including a check for any mental health records for conditions or
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commitments that would disqualify a person from possessing a firearm under
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state or federal law, and return the results to the sheriff within sixty
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customs enforcement or any successor agency. The sheriff shall not issue
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a license before receiving the results of the records check and must deny a
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license if the applicant is disqualified under any of the criteria listed
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in subsection (11) of this section. The sheriff may deny a license to carry
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concealed weapons to an alien if background information is not attainable or
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verifiable.
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(11) A license to carry concealed weapons shall not be issued to any per-
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son who:
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(a) Is under twenty-one (21) years of age, except as otherwise provided
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in this section;
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(b) Is formally charged with a crime punishable by imprisonment for a
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term exceeding one (1) year;
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(c) Has been adjudicated guilty in any court of a crime punishable by
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imprisonment for a term exceeding one (1) year;
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(d) Is a fugitive from justice;
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(e) Is an unlawful user of marijuana or any depressant, stimulant or
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narcotic drug, or any controlled substance as defined in 21 U.S.C. 802;
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(f) Is currently suffering from or has been adjudicated as having suf-
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fered from any of the following conditions, based on substantial evi-
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dence:
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Code;
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or
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(iv) An incapacitated person as defined in section 15-5-101,
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(g) Has been discharged from the armed forces under dishonorable condi-
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tions;
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(h) Has received a withheld judgment or suspended sentence for a crime
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punishable by imprisonment for a term exceeding one (1) year, unless the
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person has successfully completed probation;
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(i) Has received a period of probation after having been adjudicated
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guilty of, or received a withheld judgment for, a misdemeanor offense
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that has as an element the intentional use, attempted use or threatened
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use of physical force against the person or property of another, unless
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the person has successfully completed probation;
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nounced his or her citizenship;
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(l) Is free on bond or personal recognizance pending trial, appeal or
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sentencing for a crime that would disqualify him from obtaining a con-
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cealed weapons license;
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(m) Is subject to a protection order issued under chapter 63, title
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threatening an intimate partner of the person or child of the intimate
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partner or person, or engaging in other conduct that would place an
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intimate partner in reasonable fear of bodily injury to the partner or
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child; or
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(n) Is for any other reason ineligible to own, possess or receive a
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(12) In making a determination in relation to an applicant's eligibil-
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ity under subsection (11) of this section, the sheriff shall not consider:
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(a) A conviction, guilty plea or adjudication that has been nullified
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by expungement, pardon, setting aside or other comparable procedure by
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the jurisdiction where the conviction, guilty plea or adjudication oc-
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curred or in respect of which conviction, guilty plea or adjudication
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the applicant's civil right to bear arms either specifically or in com-
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bination with other civil rights has been restored under operation of
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law or legal process; or
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(b) Except as provided for in subsection (11)(f) of this section, an
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adjudication of mental defect, incapacity or illness or an involuntary
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commitment to a mental institution if the applicant's civil right to
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bear arms has been restored under operation of law or legal process.
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(13) A license to carry concealed weapons must be in a form substan-
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following specifications:
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(a) The license must provide the licensee's name, address, date of
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birth and the driver's license number or state identification card num-
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ber if used for identification in applying for the license;
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(b) The license must bear the licensee's signature and picture; and
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(c) The license must provide the date of issuance and the date on which
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the license expires.
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(14) Upon issuing a license under the provisions of this section, the
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lating to an applicant or licensee received or maintained pursuant to this
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(15) The fee for original issuance of a license shall be twenty dollars
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($20.00), which the sheriff must retain for the purpose of performing the du-
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ties required in this section. The sheriff may collect the actual cost of any
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additional fees necessary to cover the cost of processing fingerprints law-
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fully required by any state or federal agency or department, and the actual
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cost of materials for the license lawfully required by any state agency or
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department, which costs must be paid to the state. The sheriff must provide
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the applicant with a copy of the results of the fingerprint-based records
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check upon request of the applicant.
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(16) The fee for renewal of the license shall be fifteen dollars
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($15.00), which the sheriff must retain for the purpose of performing the du-
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ties required in this section. The sheriff may collect the actual cost of any
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additional fees necessary to cover the processing costs lawfully required by
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any state or federal agency or department, and the actual cost of materials
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for the license lawfully required by any state agency or department, which
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costs must be paid to the state.
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(17) Every license that is not, as provided by law, suspended, revoked
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or disqualified in this state shall be renewable at any time during the
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ninety (90) day period before its expiration or within ninety (90) days after
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the expiration date. The sheriff must mail renewal notices ninety (90) days
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prior to the expiration date of the license. The sheriff shall require the
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licensee applying for renewal to complete an application. The sheriff must
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check and return the results to the sheriff within thirty (30) days. The
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sheriff shall not issue a renewal before receiving the results of the records
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check and must deny a license if the applicant is disqualified under any of
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the criteria provided in this section. A renewal license shall be valid for
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a period of five (5) years. A license so renewed shall take effect on the ex-
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piration date of the prior license. A licensee renewing ninety-one (91) days
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to one hundred eighty (180) days after the expiration date of the license
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must pay a late renewal penalty of ten dollars ($10.00) in addition to the
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renewal fee unless waived by the sheriff, except that any licensee serving
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period shall not be required to pay a late renewal penalty upon renewing
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ninety-one (91) days to one hundred eighty (180) days after the expiration
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date of the license. After one hundred eighty-one (181) days, the licensee
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must submit an initial application for a license and pay the fees prescribed
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in subsection (15) of this section. The renewal fee and any penalty shall
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be paid to the sheriff for the purpose of enforcing the provisions of this
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chapter. Upon renewing a license under the provisions of this section, the
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(18) No city, county or other political subdivision of this state shall
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modify or add to the requirements of this section, nor shall a city, county
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or political subdivision ask the applicant to voluntarily submit any infor-
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mation not required in this section. A civil action may be brought to enjoin
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a wrongful refusal to issue a license or a wrongful modification of the re-
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quirements of this section. The civil action may be brought in the county in
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which the application was made or in Ada county at the discretion of the peti-
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tioner. Any person who prevails against a public agency in any action in the
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courts for a violation of this section must be awarded costs, including rea-
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sonable attorney's fees incurred in connection with the legal action.
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license to carry a concealed weapon under this section shall not incur any
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civil or criminal liability as the result of the performance of his duties in
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compliance with this section.
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(20) The sheriff of a county shall issue a license to carry a con-
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cealed weapon to those individuals between the ages of eighteen (18) and
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twenty-one (21) years who, except for the age requirement contained in sec-
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to individuals between the ages of eighteen (18) and twenty-one (21) years
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under this subsection shall be easily distinguishable from licenses issued
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pursuant to subsection (7) of this section. A license issued pursuant to
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this subsection after July 1, 2016, shall expire on the twenty-first birth-
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day of the licensee. A licensee, upon attaining the age of twenty-one (21)
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years, shall be allowed to renew the license under the procedure contained in
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(21) A person carrying a concealed weapon in violation of the provisions
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of this section shall be guilty of a misdemeanor.
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(22) The sheriff of the county where the license was issued or the sher-
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iff of the county where the person resides shall have the power to revoke a
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license subsequent to a hearing in accordance with the provisions of chapter
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(a) Fraud or intentional misrepresentation in the obtaining of a li-
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cense;
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(b) Misuse of a license, including lending or giving a license to an-
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other person, duplicating a license or using a license with the intent
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to unlawfully cause harm to a person or property;
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(c) The doing of an act or existence of a condition that would have been
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grounds for the denial of the license by the sheriff;
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(d) The violation of any of the terms of this section; or
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(e) The applicant is adjudicated guilty of or receives a withheld judg-
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ment for a crime that would have disqualified him from initially receiv-
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ing a license.
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(23) A person twenty-one (21) years of age or older who presents a valid
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license to carry concealed weapons is exempt from any requirement to undergo
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a records check at the time of purchase or transfer of a firearm from a feder-
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ally licensed firearms dealer. Provided however, a temporary emergency li-
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cense issued pursuant to subsection (6) of this section shall not exempt the
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holder of the license from any records check requirement.
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(24) The attorney general must contact the appropriate officials in
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other states for the purpose of establishing, to the extent possible, recog-
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nition and reciprocity of the license to carry concealed weapons by other
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must keep a copy and maintain a record of all such agreements and reciprocity
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recognitions, which must be made available to the public.
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(25) Nothing in subsection (3) or (4) of this section shall be construed
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to limit the existing rights of a private property owner, private tenant,
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private employer or private business entity.
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(26) The provisions of this section are hereby declared to be severable
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and if any provision of this section or the application of such provision to
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any person or circumstance is declared invalid for any reason, such declara-
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tion shall not affect the validity of remaining portions of this section.