Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 91 - Weapons and Iowa Professional Permits to Carry Weapons › Rule 661-91.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules in this
				chapter:
"Addicted to the use of alcohol"
means
				physiological or psychological dependence on the continued use of alcohol, or a
				maladaptive pattern of alcohol use leading to significant occupational,
				educational, familial, social, legal, or health-related problems.
Alcohol addiction does not mean nonpathological alcohol use,
				such as social drinking or occasional or periodic intoxication not accompanied
				by disruption in social and family relationships, vocational or financial
				difficulties, or legal problems. Alcohol addiction also does not mean alcohol
				dependence with sustained full remission, as evidenced by a period of at least
				12 months without instances or indicators of alcohol dependence or alcohol
				abuse. One or more instances of alcohol intoxication alone shall not constitute
				alcohol addiction, unless accompanied by alcohol dependence or a maladaptive
				pattern of alcohol use leading to significant occupational, educational,
				familial, social, legal, or health-related problems.
Any of the following shall create a presumption that a person
				is addicted to the use of alcohol:
1. Affirmation by the person that the person is addicted to the
				use of alcohol and has not achieved sustained full remission;
2. Treatment for alcohol dependence, abuse, or addiction within
				the last 12 months, not including follow-up treatment or attendance at support
				groups during a period of sustained full remission;
3. A diagnosis of alcohol dependence or alcohol abuse from a
				properly licensed medical or psychological professional in the past 12
				months;
4. Two or more arrests, at least one of which resulted in a
				conviction, for unlawful use or possession of alcohol or other criminal act
				committed while under the influence of alcohol in the past 12 months;
5. Three or more arrests, at least one of which resulted in a
				conviction, for unlawful use or possession of alcohol or other criminal act
				committed while under the influence of alcohol in the past five years if the
				most recent arrest occurred in the past 12 months;
6. Disciplinary action taken by any employer or organization
				for prohibited use or possession of alcohol in the past 12 months;
7. Failure to successfully complete alcohol rehabilitation or
				treatment in the past 12 months;
8. One or more instances of founded child or dependent adult
				abuse related to alcohol use in the past five years;
9. A test of the person's breath, blood, urine, or other bodily
				fluid which indicates that the person has engaged in unlawful acts involving
				alcohol, provided that the test was administered within the past 12 months;
				or
10. Documented reports or information from at least two
				credible sources that evidence a pattern of conduct indicating that the person
				is currently addicted to the use of alcohol as defined herein.
"Adjudicated as a mental defective"
means a
				determination by a court, board, commission, or other lawful authority that a
				person, as a result of marked subnormal intelligence, or mental illness,
				incompetency, condition, or disease:
1. Is a danger to the person's self or to others; or
2. Lacks the mental capacity to contract or manage the person's
				own affairs.
The term shall include:
* A finding of insanity by a court in a criminal case;
				and
* Those persons found incompetent to stand trial or found not
				guilty by reason of lack of mental responsibility.
"Applicant"
means a person who is applying for
				a permit to carry weapons.
"Approved training organization"
means any
				firearm training organization that has satisfied the requirements to certify
				handgun safety training instructors eligible to offer handgun safety training
				in Iowa for the purpose of obtaining an Iowa permit to carry weapons and has
				been approved by the commissioner.
"Background check"
means an inquiry through
				the IOWA system to NICS, the IOWA and the National Crime Information Center
				(NCIC) systems person files and the driver's license file of the applicant as
				well as other available sources of information to be used to determine
				eligibility.
"Commissioner"
means the commissioner of the
				Iowa department of public safety or, as applicable, the commissioner's
				designee.
"Committed to a mental institution"
means a
				formal commitment of a person to a mental institution by a court, board,
				commission, or other lawful authority. The term includes a commitment to a
				mental institution involuntarily either as an inpatient or outpatient. The term
				includes commitment for mental defectiveness or mental illness. It also
				includes commitments for other reasons, such as for drug or alcohol abuse. The
				term does not include admission to a mental institution for observation or a
				voluntary admission to a mental institution.
"Crime punishable by imprisonment for a term exceeding
				one year"
means any federal or state offense for which the maximum
				penalty, whether or not imposed, is capital punishment or imprisonment in
				excess of one year. The term shall not include any federal or state offenses
				pertaining to antitrust violations, unfair trade practices, restraints of
				trade, or other similar offenses relating to the regulation of business
				practices or any state offense classified by the laws of the state as a
				misdemeanor and punishable by a term of imprisonment of two years or less. What
				constitutes a conviction of such a crime shall be determined in accordance with
				the law of the jurisdiction in which the proceedings were held. Any conviction
				which has been expunged or set aside or for which a person has been pardoned or
				has had civil rights restored shall not be considered a conviction unless such
				pardon, expunction, or restoration of civil rights expressly provides that the
				person may not ship, transport, possess, or receive firearms, or unless the
				person is prohibited by the law of the jurisdiction in which the proceedings
				were held from receiving or possessing any firearms.
"Felony"
means any crime punishable by
				imprisonment for a term exceeding one year as defined in this rule or any crime
				involving a firearm or explosive that is punishable by imprisonment for a term
				exceeding one year and is classified as a misdemeanor under the laws of this
				state.
"Firearm training documentation"
means a
				photocopy of a certificate of completion or any similar document indicating
				completion of any firearm training program course; an affidavit from the
				instructor, school, organization or group that conducted or taught a firearm
				training program; a copy of or the display of an honorable discharge or general
				discharge under honorable conditions or Form DD-214 for personnel released or
				retired from active duty with the armed forces of the United States; or
				possession of a certificate of completion of basic training with a service
				record of successful completion of small arms training and qualification for
				active duty personnel in the armed forces of the United States.
"Firearm training program"
means any National
				Rifle Association handgun safety training course; any handgun safety training
				course available to the general public utilizing instructors certified by the
				National Rifle Association, an organization approved by the Iowa department of
				public safety pursuant to Iowa Code section
				724.9A
				as enacted by 2021 Iowa Acts, House File 756, section 20, or the Iowa law
				enforcement academy or another state's department of public safety, state
				police department, or similar certifying body; any handgun safety training
				course offered for security guards, investigators, special deputies, or any
				division or subdivision of a law enforcement or security enforcement agency
				approved by the Iowa department of public safety; or completion of small arms
				training while serving with the armed forces of the United States. Any person
				or entity seeking approval by the Iowa department of public safety for a
				handgun safety training course offered for security guards, investigators,
				special deputies, or any division or subdivision of a law enforcement or
				security enforcement agency, other than those certified by the National Rifle
				Association, the Iowa department of public safety, or the Iowa law enforcement
				academy or courses conducted by instructors certified by the National Rifle
				Association or the Iowa law enforcement academy, shall submit a detailed
				description of the course content to the commissioner for review. Any handgun
				safety training course submitted for review shall be reviewed by the
				commissioner.
"Identification documentation for an Iowa
				resident"
means any of the following:
1. A driver's license or nonoperator identification card that
				contains a photograph of the person and that has been issued by the Iowa
				department of transportation; or
2. A motor vehicle license or nonoperator identification card
				that contains a photograph of the person and that has been issued by a state
				other than Iowa and at least one current document indicating Iowa residency,
				including a residential lease agreement, utility bill, voter registration,
				tuition receipt for a college or university in Iowa, or other documentation
				that is acceptable to the officer issuing the permit and that indicates the
				intent of the person's presence in Iowa is something other than merely
				transitory in nature; or
3. A document which contains the name, place of residence, date
				of birth and photograph of the holder issued by or under the authority of the
				United States, a state or a political subdivision of a state and which is of a
				type intended or commonly accepted for the purpose of identification of
				individuals and at least one current document indicating Iowa residency,
				including a residential lease agreement, utility bill, voter registration,
				tuition receipt for a college or university in Iowa, or other documentation
				that is acceptable to the officer issuing the permit and that indicates the
				intent of the person's presence in Iowa is something other than merely
				transitory in nature; or
4. A motor vehicle license or nonoperator identification card
				that contains a photograph of the person and that has been issued by a state
				other than Iowa and a document indicating that the person is a member of the
				United States armed forces on active duty and whose permanent duty station is
				located in Iowa; or
5. A driver's license or nonoperator identification card that
				contains a photograph of the person and that has been issued by the Iowa
				department of transportation and an immigration document containing the alien
				registration number (ARN) of a permanent resident alien or nonimmigrant alien
				and documentation indicating that the person has resided in the state for at
				least 90 consecutive days prior to the person's making application. A
				nonimmigrant alien shall also be required to display a valid hunting license
				issued in any state, meet the requirements of an exception pursuant to
				18
				U.S.C. §
									922(y)(2), or
				display a waiver granted by the United States Attorney General.
"Identification documentation for a
				nonresident"
means a motor vehicle license or nonoperator
				identification card which has been issued by a state other than Iowa and which
				contains a photograph of the person to whom it was issued.
"IOWA system"
means the Iowa on-line warrants
				and articles criminal justice information system operated by the Iowa
				department of public safety for use by law enforcement and criminal justice
				agencies in the exchange of criminal history and other criminal justice
				information.
"Misdemeanor crime of domestic violence"
means
				an offense that:
1. Is a misdemeanor under federal or state law; and
2. Has, as an element, the use or attempted use of physical
				force, or the threatened use of a deadly weapon, committed by a current or
				former spouse, parent, or guardian of the victim, by a person with whom the
				victim shares a child in common, by a person who is cohabiting with or has
				cohabited with the victim as a spouse, parent, or guardian, or by a person
				similarly situated to a spouse, parent, or guardian of the victim.
"New application"
means an application for an
				Iowa professional permit to carry weapons that is filed when the applicant does
				not currently hold an Iowa permit to carry weapons or when the applicant does
				not file the application at least 30 days prior to the expiration of a
				currently held Iowa permit to carry weapons.
"NICS"
means the National Instant Criminal
				Background Check System established by the United States Attorney General
				pursuant to United States Code
				18
				U.S.C. §
									922(t).
"Professional permit to carry weapons"
means a
				permit to carry weapons issued to a person whose employment in a private
				investigation business or private security business licensed under Iowa Code
				chapter 80A, or whose employment as a peace officer, correctional officer with
				the Iowa department of corrections, private security officer, bank messenger or
				other person transporting property of a value requiring security, or whose
				employment in police work reasonably justifies that person's going armed.
				Property of value includes large quantities of cash transported in an armored
				car, negotiable instruments, gems, other high-value items transported by
				couriers, and other high-value property that may be vulnerable. Such a permit
				is valid only while the permitted person is engaged in the employment stated on
				the permit and while the person is traveling to and from that
				employment.
"Qualifying on a firing range"
means
				successful completion of a course of live fire on a firing range under the
				supervision of an instructor certified by the National Rifle Association, the
				Iowa law enforcement academy, or another state's department of public safety,
				state police department, or similar certifying body.
"Renewal application"
means an application for
				an Iowa professional permit to carry weapons filed at least 30 days prior to
				the expiration of a currently held permit.
"State employee"
means a person whose need to
				go armed arises out of employment by the state of Iowa. "State employee"
				includes a railroad special agent as described in Iowa Code chapter 80.
"Unlawful user of or addicted to any controlled
				substance"
means a person who uses a controlled substance and has lost
				the power of self-control with reference to the use of the controlled substance
				or any person who is a current user of a controlled substance in a manner other
				than as prescribed by a licensed physician. Such use is not limited to the use
				of drugs on a particular day, or within a matter of days or weeks before, but
				rather that the unlawful use has occurred recently enough to indicate that the
				individual is actively engaged in such conduct. A person may be an unlawful
				current user of a controlled substance even though the substance is not being
				used at the precise time the person applies for an Iowa permit to carry weapons
				or seeks to acquire a firearm or receives or possesses a firearm. An inference
				of current use may be drawn from evidence of a recent use or possession of a
				controlled substance or a pattern of use or possession that reasonably covers
				the present time, e.g., a conviction for use or possession of a controlled
				substance within the past year; multiple arrests for such offenses within the
				past five years if the most recent arrest occurred within the past year; or
				persons found through a drug test to use a controlled substance unlawfully,
				provided that the test was administered within the past year. For a current or
				former member of the armed forces, an inference of current use may be drawn
				from recent disciplinary or other administrative action based on confirmed drug
				use, e.g., court-martial conviction, nonjudicial punishment, or an
				administrative discharge based on drug use or drug rehabilitation
				failure.