Senate File 310 - Introduced



                                       SENATE FILE       
                                       BY  DVORSKY

                                       (COMPANION TO HF 292
                                        BY MASCHER)


    Passed Senate, Date                Passed House,  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 2320SS 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 2320SS 81
  2 29 rh:rj/pj/5