Text: HSB00077                          Text: HSB00079
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 78

Bill Text

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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