Text: HSB00077 Text: HSB00079 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 724.26, Code 2001, is amended to read
1 2 as follows:
1 3 724.26 RECEIPT, TRANSPORTATION, AND DOMINION AND CONTROL
1 4 OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS AND OTHERS.
1 5 1. A person who is convicted of a felony in a state or
1 6 federal court, or who is adjudicated delinquent on the basis
1 7 of conduct that would constitute a felony if committed by an
1 8 adult, and who knowingly has under the person's dominion and
1 9 control, receives, or transports or causes to be transported a
1 10 firearm or offensive weapon is guilty of a class "D" felony.
1 11 2. A person who knowingly sells, disposes of, possesses,
1 12 ships, transports, or receives a firearm or offensive weapon
1 13 in violation of any federal law is guilty of a class "D"
1 14 felony. Such a person shall not be eligible to obtain any
1 15 permit under this chapter, and any permits issued to such a
1 16 person under this chapter are deemed revoked.
1 17 3. a. A firearm or offensive weapon used or intended to
1 18 be used in any manner or part to facilitate conduct giving
1 19 rise to a violation described in subsection 2 shall be
1 20 forfeited pursuant to chapter 809A.
1 21 b. A firearm or offensive weapon not used or not intended
1 22 to be used to facilitate conduct giving rise to a violation
1 23 described in subsection 2 shall be transferred to the
1 24 possession of a person who is qualified in this state to
1 25 possess a firearm or offensive weapon and who does not reside
1 26 in the home of a person found guilty of an offense under this
1 27 section.
1 28 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
1 29 3, shall not apply to this Act.
1 30 EXPLANATION
1 31 This bill amends Code section 724.26 to prohibit the sale,
1 32 disposal, possession, shipment, transportation, or receipt of
1 33 a firearm or offensive weapon by a person in violation of any
1 34 federal law, regardless of whether the federal violation is a
1 35 misdemeanor or a felony. Current Iowa law prohibits persons
2 1 convicted of a felony from possessing firearms or offensive
2 2 weapons.
2 3 The bill provides that a person who commits a violation of
2 4 the bill commits a class "D" felony. A class "D" felony is
2 5 punishable by confinement for no more than five years and a
2 6 fine of at least $750 but not more than $7,500.
2 7 The bill further provides a firearm or offensive weapon
2 8 used or intended to be used in any manner in the commission of
2 9 any federal offense shall be forfeited pursuant to Code
2 10 chapter 809A, the forfeiture reform Act. A firearm or
2 11 offensive weapon not used or intended to be used in any manner
2 12 in the commission of a federal offense shall be transferred to
2 13 a person who does not live with the offender and who is
2 14 qualified in Iowa to possess a firearm or offensive weapon.
2 15 The bill may include a state mandate as defined in Code
2 16 section 25B.3. The bill makes inapplicable Code section
2 17 25B.2, subsection 3, which would relieve a political
2 18 subdivision from complying with a state mandate if funding for
2 19 the cost of the state mandate is not provided or specified.
2 20 Therefore, political subdivisions are required to comply with
2 21 any state mandate included in the bill.
2 22 LSB 1085DP 79
2 23 rh/pj/5
Text: HSB00077 Text: HSB00079 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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