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