Senate File 491 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1234)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting a person who is the subject of a protective
  2    order or who has been convicted of a misdemeanor crime of
  3    domestic violence in violation of federal law from possessing,
  4    transferring, or selling firearms or offensive weapons and
  5    providing a penalty.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1098SV 82
  8 rh/je/5

PAG LIN



  1  1    Section 1.  Section 724.26, Code 2007, 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 possesses, ships, transports, or receives a
  1 17 firearm or offensive weapon, is guilty of a class "D" felony.
  1 18 Such a person shall not be eligible to obtain a permit under
  1 19 this chapter and any permits issued to such a person are
  1 20 deemed revoked.
  1 21    3.  Except as provided in section 809A.17, subsection 5,
  1 22 paragraph "b", a firearm or offensive weapon taken into
  1 23 custody by or surrendered to law enforcement under this
  1 24 section shall be disposed of in any of the following ways:
  1 25    a.  Held as evidence if used or intended to be used in any
  1 26 manner or part to facilitate conduct giving rise to a
  1 27 violation described in subsection 2.
  1 28    b.  Transferred to the custody of a qualified person in
  1 29 this state, as determined by the court.  The qualified person
  1 30 shall not reside in the home of a person found guilty of an
  1 31 offense under this section and must be able to lawfully
  1 32 possess a firearm or offensive weapon in this state.  The
  1 33 qualified person who takes custody of the firearm or offensive
  1 34 weapon may, at the direction and on behalf of the person
  1 35 subject to subsection 2, sell the firearm or offensive weapon
  2  1 to any other person who is not otherwise prohibited by law
  2  2 from possessing a firearm or offensive weapon.
  2  3    c.  Stored by the county sheriff.  The court shall assess
  2  4 the defendant, in addition to any penalty, a fee of fifty
  2  5 dollars plus the cost of any other expenses for storing the
  2  6 firearm or offensive weapon, payable to the county sheriff's
  2  7 office.
  2  8    4.  A firearm or offensive weapon taken into custody or
  2  9 surrendered pursuant to subsection 2 from a person who is the
  2 10 subject of a protective order shall be returned by the county
  2 11 sheriff upon the person's demand if the county sheriff
  2 12 determines both of the following:
  2 13    a.  The protective order has been vacated or has expired.
  2 14    b.  The person subject to the protective order is not
  2 15 otherwise prohibited by law from possessing a firearm.
  2 16    5.  The county sheriff or the county sheriff's designee
  2 17 shall not be liable to any person for acts done in reasonable
  2 18 compliance with this section.
  2 19                           EXPLANATION
  2 20    This bill amends Code section 724.26 to prohibit the
  2 21 knowing possession, shipment, transportation, or receipt of a
  2 22 firearm or offensive weapon by a person who is the subject of
  2 23 a protective order under federal law (18 U.S.C. } 922(g)(8))
  2 24 or by a person who has been convicted of a misdemeanor crime
  2 25 of domestic violence under federal law (18 U.S.C. }
  2 26 922(g)(9)).
  2 27    Violation of the prohibition is a class "D" felony.  A
  2 28 class "D" felony is punishable by confinement for no more than
  2 29 five years and a fine of at least $750 but not more than
  2 30 $7,500.  Such a person shall not be eligible to obtain a
  2 31 permit to carry weapons or a permit to acquire pistols or
  2 32 revolvers.
  2 33    The bill further provides that unless a forfeiture
  2 34 proceeding has been initiated, a firearm or offensive weapon
  2 35 taken into custody or surrendered to law enforcement under the
  3  1 bill and Code section 724.26 shall be disposed of in any one
  3  2 of the following ways:
  3  3    1.  Held in evidence if the firearm or offensive weapon was
  3  4 used or intended to be used in any part to facilitate conduct
  3  5 giving rise to any of the delineated violations.
  3  6    2.  Transferred to a qualified person who does not live
  3  7 with the offender and who is qualified in Iowa to possess a
  3  8 firearm or offensive weapon, as determined by the court.  The
  3  9 qualified person who takes custody of the firearm or offensive
  3 10 weapon may, at the direction and on behalf of the person who
  3 11 is the subject of a protective order or who has been convicted
  3 12 of a misdemeanor crime of domestic violence under federal law,
  3 13 sell the firearm or offensive weapon to any other person who
  3 14 is not otherwise prohibited by law from possessing a firearm
  3 15 or offensive weapon.
  3 16    3.  Stored by the county sheriff.  The court shall assess
  3 17 the defendant, in addition to any other penalty, a fee of $50
  3 18 plus the costs of any other expenses to cover storage costs.
  3 19    4.  A firearm or offensive weapon taken into custody or
  3 20 surrendered pursuant to the bill shall be returned by the
  3 21 county sheriff upon the person's demand if the county sheriff
  3 22 determines that the protective order has been vacated or has
  3 23 expired and the person subject to the protective order is not
  3 24 otherwise prohibited by law from possessing a firearm.
  3 25    The bill provides the county sheriff or the county
  3 26 sheriff's designee shall not be liable to any person for acts
  3 27 done in reasonable compliance with the bill.
  3 28 LSB 1098SV 82
  3 29 rh:rj/je/5.1