Senate File 2357 - Introduced SENATE FILE 2357 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1033) A BILL FOR An Act relating to prohibiting a person who is the subject of 1 a no-contact order or a protective order or who has been 2 convicted of a misdemeanor crime of domestic violence from 3 possessing, transferring, or selling firearms and ammunition 4 or offensive weapons and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1386SV (3) 83 rh/rj
S.F. 2357 Section 1. Section 236.4, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The court may enter any temporary order it deems 3 necessary to protect the plaintiff from domestic abuse prior to 4 the hearing, upon good cause shown in an ex parte proceeding. 5 Present danger of domestic abuse to the plaintiff constitutes 6 good cause for purposes of this subsection. A temporary order 7 issued pursuant to this subsection shall specifically include a 8 provision that the person shall be required to relinquish all 9 firearms, offensive weapons, and ammunition upon the issuance 10 of a permanent order pursuant to section 236.5. 11 Sec. 2. Section 236.5, subsection 1, paragraph b, Code 12 Supplement 2009, is amended by adding the following new 13 subparagraph: 14 NEW SUBPARAGRAPH . (02) That the defendant not knowingly 15 possess, ship, transport, or receive firearms, offensive 16 weapons, and ammunition in violation of sections 664A.9 and 17 724.26. 18 Sec. 3. Section 664A.1, Code 2009, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 0A. “Intimate partner” means a person who 21 is in a relationship as defined in section 236.2, subsection 22 2, paragraphs “a” through “e” . 23 Sec. 4. Section 664A.3, Code 2009, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 6. A no-contact order issued pursuant to 26 this section shall specifically include a provision that the 27 person shall be required to relinquish all firearms, offensive 28 weapons, and ammunition upon the issuance of a permanent 29 no-contact order pursuant to section 664A.5. 30 Sec. 5. Section 664A.7, subsection 1, Code 2009, is amended 31 to read as follows: 32 1. Violation Except as provided in section 664A.9, 33 subsection 5, violation of a no-contact order issued under 34 this chapter or a protective order issued pursuant to chapter 35 -1- LSB 1386SV (3) 83 rh/rj 1/ 7
S.F. 2357 232, 236, or 598, including a modified no-contact order, is 1 punishable by summary contempt proceedings. 2 Sec. 6. NEW SECTION . 664A.9 Firearms, offensive weapons, 3 and ammunition prohibition. 4 1. A no-contact order issued under this chapter or a 5 protective order issued pursuant to chapter 232, 236, or 6 598, shall require the person who is subject to the order to 7 relinquish all firearms, offensive weapons, and ammunition in 8 the person’s actual or constructive possession to the county 9 sheriff or local law enforcement agency and shall restrict the 10 person from knowingly possessing, shipping, transporting, or 11 receiving any firearm, offensive weapon, or ammunition during 12 the pendency of the no-contact order or protective order, if 13 all of the following requirements are met: 14 a. The order was issued after a hearing of which the person 15 was granted notice and an opportunity to be heard. 16 b. The order includes a finding that the person represents a 17 credible threat to the physical safety of the intimate partner 18 of the person or a child of such intimate partner or person or 19 by its terms explicitly prohibits the use, attempted use, or 20 threatened use of physical force against the intimate partner 21 or a child of such intimate partner or person that would 22 reasonably be expected to cause bodily injury. 23 c. The order restrains the person from harassing, stalking, 24 or threatening an intimate partner of the person or a child 25 of such intimate partner or person from engaging in any other 26 conduct that would place the intimate partner or a child of 27 such intimate partner or person in reasonable fear of bodily 28 injury to the intimate partner or a child of the intimate 29 partner or person. 30 2. Upon notice by a court to the person that a no-contact 31 order or a protective order has been issued that requires the 32 person to relinquish all firearms, offensive weapons, and 33 ammunition to the county sheriff or local law enforcement 34 agency as of a date certain, the court shall enter all of 35 -2- LSB 1386SV (3) 83 rh/rj 2/ 7
S.F. 2357 the following information into the Iowa criminal justice 1 information system: 2 a. The person’s name, social security number, address, and 3 telephone number. 4 b. The make, model, and serial number of the firearms, 5 offensive weapons, and ammunition the person has been ordered 6 to relinquish, if available. 7 c. The date and time by which the issuing court has required 8 the person to comply with the firearms, offensive weapons, and 9 ammunition relinquishment order. 10 3. If the person does not comply with the relinquishment 11 order by the date and time required, the county sheriff or the 12 local law enforcement agency shall do all of the following: 13 a. Notify the issuing court of the violation of the 14 relinquishment order immediately after the deadline. 15 b. Locate and arrest the person for a violation of the 16 no-contact order or the protective order. If the person cannot 17 be immediately located and arrested, the county sheriff or the 18 local law enforcement agency shall seek an arrest warrant for 19 the person for violation of the relinquishment order and shall 20 seek a search warrant for the person’s residence or any other 21 location where there is probable cause to believe that the 22 firearms, offensive weapons, and ammunition may be located. 23 4. Except as provided in section 809A.17, subsection 5, 24 paragraph “b” , a firearm, offensive weapon, or ammunition 25 relinquished or seized under this section shall be disposed of 26 in any of the following ways: 27 a. Held as evidence if used or intended to be used in any 28 manner or part to facilitate conduct giving rise to a violation 29 described in section 724.26, subsection 2. 30 b. Sold or transferred to the custody of a qualified person 31 in this state, as determined by the court. The qualified 32 person shall not reside in the home of a person found guilty 33 of an offense under this section and must be able to lawfully 34 possess a firearm, offensive weapon, or ammunition in this 35 -3- LSB 1386SV (3) 83 rh/rj 3/ 7
S.F. 2357 state. 1 c. Stored by the county sheriff or local law enforcement 2 agency. The court shall assess the person, in addition to 3 any penalty, a fee of fifty dollars plus the cost of any 4 other expenses for storing the firearm, offensive weapon, or 5 ammunition, payable to the county sheriff’s office or storing 6 agency. 7 5. A person who violates a no-contact order or a protective 8 order pursuant to this chapter by knowingly possessing, 9 shipping, transporting, or receiving a firearm, offensive 10 weapon, or ammunition commits a violation of section 724.26. 11 Sec. 7. NEW SECTION . 708.14 Firearms, offensive weapons, 12 and ammunition —— misdemeanor crime of domestic violence. 13 1. A person convicted of a misdemeanor crime of domestic 14 violence shall be ordered by the court to relinquish to the 15 county sheriff or local law enforcement agency all firearms, 16 offensive weapons, and ammunition within the person’s actual 17 or constructive possession in the manner provided in section 18 664A.9. 19 2. For purposes of this section, “misdemeanor crime of 20 domestic violence” means a misdemeanor offense which has as 21 an element the use or attempted use of physical force or the 22 threatened use of a deadly weapon by a current or former 23 spouse, parent, or guardian of the victim, by a person with 24 whom the victim shares a child in common, by a person who is 25 cohabiting with or who has cohabited with the victim as a 26 spouse, parent, or guardian, or by a person similarly situated 27 to a spouse, parent, or guardian of the victim. 28 Sec. 8. Section 724.26, Code 2009, is amended to read as 29 follows: 30 724.26 Possession, receipt, transportation, or dominion and 31 control of firearms and offensive weapons by felons and others . 32 1. A person who is convicted of a felony in a state or 33 federal court, or who is adjudicated delinquent on the basis 34 of conduct that would constitute a felony if committed by an 35 -4- LSB 1386SV (3) 83 rh/rj 4/ 7
S.F. 2357 adult, and who knowingly has under the person’s dominion and 1 control or possession, receives, or transports or causes to be 2 transported a firearm or offensive weapon is guilty of a class 3 “D” felony. 4 2. A person who is subject to a no-contact order issued 5 under chapter 664A, or to a protective order issued pursuant 6 to chapter 232, 236, or 598, or who has been convicted of a 7 misdemeanor crime of domestic violence as defined in section 8 708.14, and who knowingly possesses, ships, transports, or 9 receives a firearm, offensive weapon, or ammunition is guilty 10 of a class “D” felony. Such a person shall not be eligible 11 to obtain a permit under this chapter and any permits issued 12 to such a person are deemed revoked. Such a person shall 13 relinquish all firearms, offensive weapons, and ammunition to 14 the county sheriff or local law enforcement agency pursuant to 15 section 664A.9. 16 EXPLANATION 17 This bill relates to prohibiting a person who is the subject 18 of certain protective orders or no-contact orders or who has 19 been convicted of a misdemeanor crime of domestic violence from 20 possessing, shipping, transporting, or receiving a firearm, 21 offensive weapon, or ammunition and provides penalties. 22 The bill provides that a no-contact order issued under Code 23 chapter 664A (criminal no-contact orders and enforcement of 24 civil protective orders) or a protective order issued pursuant 25 to chapter 232 (juvenile justice), 236 (domestic abuse), or 26 598 (dissolution of marriage and domestic relations), shall 27 require the person who is subject to the order to relinquish 28 all firearms, offensive weapons, and ammunition in the person’s 29 actual or constructive possession to the county sheriff or 30 local law enforcement agency and shall restrict the person from 31 knowingly possessing, shipping, transporting, or receiving any 32 firearm, offensive weapon, or ammunition during the pendency 33 of the no-contact order or protective order if the order was 34 issued under certain conditions. The bill also provides that 35 -5- LSB 1386SV (3) 83 rh/rj 5/ 7
S.F. 2357 temporary protective orders and temporary no-contact orders 1 shall include a provision that the person who is the subject 2 of the order shall be required to relinquish all firearms, 3 offensive weapons, and ammunition upon the issuance of a 4 permanent protective or no-contact order. 5 The bill requires that upon notice to the person that 6 a no-contact order or a protective order has been issued 7 requiring the person to relinquish all firearms, offensive 8 weapons, and ammunition to the county sheriff or local law 9 enforcement by a specific date, the court is required to enter 10 certain identifying information about the person and the 11 firearms, offensive weapons, and ammunition the person has 12 been required to relinquish into the Iowa criminal justice 13 information system. If the person who is the subject of the 14 no-contact order or the protective order fails to comply with 15 the relinquishment order by the date and time required to do 16 so, the county sheriff or the local law enforcement agency is 17 required to notify the issuing court of the violation of the 18 relinquishment order immediately after the deadline and locate 19 and arrest the person for a violation of the no-contact order 20 or the protective order. If the person cannot be immediately 21 located and arrested, the county sheriff or the local law 22 enforcement agency is required to seek an arrest warrant for 23 the person and is also required to seek a search warrant for 24 the person’s residence or any other location where there is 25 probable cause to believe that the firearm, offensive weapon, 26 and ammunition may be present. 27 The bill provides that unless a forfeiture proceeding has 28 been initiated, a firearm, offensive weapon, or ammunition 29 relinquished or seized under the bill shall be held as evidence 30 if used or intended to be used in any manner or part to 31 facilitate conduct giving rise to any of delineated violations, 32 transferred to the custody of a qualified person in this state, 33 as determined by the court, or stored by the county sheriff 34 or local law enforcement agency. If stored, the court shall 35 -6- LSB 1386SV (3) 83 rh/rj 6/ 7
S.F. 2357 assess the person, in addition to any penalty, a fee of $50 1 plus the cost of any other expenses for storing the firearms 2 and ammunition, payable to the county sheriff’s office or local 3 law enforcement agency. 4 The bill further provides that a person convicted of a 5 misdemeanor crime of domestic violence shall be ordered 6 by the court to relinquish to the county sheriff or local 7 law enforcement agency all firearms, offensive weapons, 8 and ammunition within the person’s actual or constructive 9 possession in the manner provided under the bill. 10 For purposes of the bill, an “intimate partner” is defined 11 as a person who is in a relationship under the requirements 12 of Code section 236.2, subsection 2, paragraphs “a” through 13 “e” and a “misdemeanor crime of domestic violence” is defined 14 as a misdemeanor offense which has as an element the use or 15 attempted use of physical force or the threatened use of a 16 deadly weapon committed by a current or former spouse, parent, 17 or guardian of the victim, by a person with whom the victim 18 shares a child in common, by a person who is cohabiting with 19 or who has cohabited with the victim as a spouse, parent, 20 guardian, or by a person similarly situated to a spouse, 21 parent, or guardian of the victim. 22 Under the bill, a person who is subject to a no-contact 23 order or a protective order, or who has been convicted of a 24 misdemeanor crime of domestic violence, and who knowingly 25 possesses, ships, transports, or receives a firearm, offensive 26 weapon, or ammunition, is guilty of a class “D” felony, 27 punishable by confinement for no more than five years and a 28 fine of at least $750 but not more than $7,500. Such a person 29 shall not be eligible to obtain any weapons permit under Code 30 chapter 724 and any permits issued to such a person are deemed 31 revoked. 32 -7- LSB 1386SV (3) 83 rh/rj 7/ 7