House File 292 - Introduced HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting the possession, transfer, or sale of a firearm 2 or offensive weapon by a person who is the subject of a 3 protective order or who has been convicted of a misdemeanor 4 crime of domestic violence in violation of federal law and 5 providing a penalty. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2320HH 81 8 rh/pj/5 PAG LIN 1 1 Section 1. Section 724.26, Code 2005, is amended to read 1 2 as follows: 1 3 724.26 POSSESSION, RECEIPT, TRANSPORTATION, OR DOMINION 1 4 AND CONTROL OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS AND 1 5 OTHERS. 1 6 1. A person who is convicted of a felony in a state or 1 7 federal court, or who is adjudicated delinquent on the basis 1 8 of conduct that would constitute a felony if committed by an 1 9 adult, and who knowingly has under the person's dominion and 1 10 control or possession, receives, or transports or causes to be 1 11 transported a firearm or offensive weapon is guilty of a class 1 12 "D" felony. 1 13 2. A person who is subject to a protective order under 18 1 14 U.S.C. } 922(g)(8) or who has been convicted of a misdemeanor 1 15 crime of domestic violence under 18 U.S.C. } 922(g)(9), and 1 16 who knowingly sells, disposes of, possesses, ships, 1 17 transports, or receives a firearm or offensive weapon, is 1 18 guilty of a class "D" felony. Such a person shall not be 1 19 eligible to obtain a permit under this chapter and any permits 1 20 issued to such a person are deemed revoked. 1 21 3. Except as provided in section 809A.17, subsection 5, 1 22 paragraph "b", a firearm or offensive weapon seized under this 1 23 section shall be disposed of in any of the following ways: 1 24 a. Held as evidence if used or intended to be used in any 1 25 manner or part to facilitate conduct giving rise to a 1 26 violation described in subsection 2. 1 27 b. Transferred to the custody of a qualified person in 1 28 this state, as determined by the court. The qualified person 1 29 shall not reside in the home of a person found guilty of an 1 30 offense under this section and must be able to lawfully 1 31 possess a firearm or offensive weapon in this state. 1 32 c. Stored by the county sheriff. The court shall assess 1 33 the defendant, in addition to any penalty, a fee of fifty 1 34 dollars plus the cost of any other expenses for storing the 1 35 firearm or offensive weapon, payable to the county sheriff's 2 1 office. 2 2 EXPLANATION 2 3 This bill amends Code section 724.26 to prohibit the 2 4 knowing sale, disposal, possession, shipment, transportation, 2 5 or receipt of a firearm or offensive weapon by a person who is 2 6 the subject of a protective order under 18 U.S.C. } 922(g)(8) 2 7 or by a person who has been convicted of a misdemeanor crime 2 8 of domestic violence under 18 U.S.C. } 922(g)(9). 2 9 Violation of the prohibition is a class "D" felony. A 2 10 class "D" felony is punishable by confinement for no more than 2 11 five years and a fine of at least $750 but not more than 2 12 $7,500. Such a person shall not be eligible to obtain a 2 13 permit to carry weapons or a permit to acquire pistols or 2 14 revolvers. 2 15 The bill further provides that unless a forfeiture 2 16 proceeding has been initiated, a firearm or offensive weapon 2 17 seized under this bill and Code section 724.26 shall be 2 18 disposed of in any one of the following ways: 2 19 1. Held in evidence if the firearm or offensive weapon was 2 20 used or intended to be used in any part to facilitate conduct 2 21 giving rise to any of the delineated violations. 2 22 2. Transferred to a person who does not live with the 2 23 offender and who is qualified in Iowa to possess a firearm or 2 24 offensive weapon, as determined by the court. 2 25 3. Stored by the county sheriff. The court shall assess 2 26 the defendant, in addition to any other penalty, a fee of $50 2 27 plus the costs of any other expenses to cover storage costs. 2 28 LSB 2320HH 81 2 29 rh:rj/pj/5