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