House Study Bill 46
SENATE/HOUSE FILE
BY (PROPOSED ATTORNEY GENERAL
BILL)
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 1386DP 83
8 rh/rj/5
PAG LIN
1 1 Section 1. Section 724.26, Code 2009, 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 federal law (18 U.S.C.
2 7 } 922(g)(8)) or by a person who has been convicted of a
2 8 misdemeanor crime of domestic violence under federal law (18
2 9 U.S.C. } 922(g)(9)).
2 10 Violation of the prohibition is a class "D" felony. A
2 11 class "D" felony is punishable by confinement for no more than
2 12 five years and a fine of at least $750 but not more than
2 13 $7,500. Such a person shall not be eligible to obtain a
2 14 permit to carry weapons or a permit to acquire pistols or
2 15 revolvers.
2 16 The bill further provides that unless a forfeiture
2 17 proceeding has been initiated, a firearm or offensive weapon
2 18 seized under the bill and Code section 724.26 shall be
2 19 disposed of in any one of the following ways:
2 20 1. Held in evidence if the firearm or offensive weapon was
2 21 used or intended to be used in any part to facilitate conduct
2 22 giving rise to any of the delineated violations.
2 23 2. Transferred to a person who does not live with the
2 24 offender and who is qualified in Iowa to possess a firearm or
2 25 offensive weapon, as determined by the court.
2 26 3. Stored by the county sheriff. The court shall assess
2 27 the defendant, in addition to any other penalty, a fee of $50
2 28 plus the costs of any other expenses to cover storage costs.
2 29 LSB 1386DP 83
2 30 rh/rj/5