H.F. 2255 Section 1. Section 724.26, subsection 2, paragraph a, Code 1 2016, is amended to read as follows: 2 a. Except as provided in paragraph “b” , a person who is 3 subject to a protective order under 18 U.S.C. §922(g)(8) or who 4 has been convicted of a misdemeanor crime of domestic violence 5 under 18 U.S.C. §922(g)(9) and who knowingly possesses, 6 ships, transports, or receives a firearm, offensive weapon, or 7 ammunition and who is any of the following is guilty of a class 8 “D” felony . : 9 (i) Is subject to a protective order under 18 U.S.C. 10 §922(g)(8). 11 (ii) Has been convicted of a misdemeanor crime of domestic 12 violence under 18 U.S.C. §922(g)(9). 13 (iii) Is subject to a firearm violence protective order 14 under chapter 724A. 15 Sec. 2. NEW SECTION . 724A.1 Definitions. 16 For purposes of this chapter, unless the context clearly 17 indicates otherwise: 18 1. “Firearm violence protective order” means a court order 19 issued pursuant to this chapter prohibiting a person from 20 possessing, shipping, transporting, or receiving firearms, 21 offensive weapons, or ammunition. 22 2. “Immediate family member” means all of the following of 23 a respondent: 24 a. Husband or wife. 25 b. Natural or adoptive parent, child, or sibling. 26 c. Stepparent, stepchild, or stepsibling. 27 d. Father-in-law, mother-in-law, son-in-law, 28 daughter-in-law, brother-in-law, or sister-in-law. 29 e. Grandparent or grandchild. 30 3. “Law enforcement officer” means the same as defined in 31 section 80B.3. 32 4. “Respondent” means a person against whom a petition is 33 filed under this chapter. 34 Sec. 3. NEW SECTION . 724A.2 Temporary emergency firearm 35 -1- LSB 5423YH (6) 86 rh/rj 1/ 8

H.F. 2255 violence protective order. 1 1. When the court is unavailable from the close of business 2 at the end of the day or week to the resumption of business 3 at the beginning of the next day or week, a law enforcement 4 officer may orally contact a district judge or district 5 associate judge designated by the chief judge of the judicial 6 district, who may grant emergency relief if the district judge 7 or district associate judge finds that there is reasonable 8 cause to believe all of the following: 9 a. The respondent poses an immediate and present danger 10 of causing physical injury to the respondent’s self or others 11 by possessing, shipping, transporting, or receiving firearms, 12 offensive weapons, or ammunition. 13 b. A temporary emergency firearm violence protective order 14 is necessary to prevent physical injury to the respondent’s 15 self or others because less restrictive alternatives either 16 have been tried and found to be ineffective or are determined 17 to be inadequate or inappropriate for the respondent’s 18 circumstances. 19 2. A temporary emergency firearm violence protective order 20 issued pursuant to this section shall prohibit the respondent 21 from possessing, shipping, transporting, or receiving firearms, 22 offensive weapons, or ammunition or attempting to possess, 23 ship, transport, or receive firearms, offensive weapons, or 24 ammunition, and shall expire twenty-one days from the date the 25 order is issued. 26 Sec. 4. NEW SECTION . 724A.3 Ex parte firearm violence 27 protective order. 28 1. An immediate family member or a law enforcement officer 29 may file a petition requesting that the court issue an ex parte 30 firearm violence protective order enjoining the respondent from 31 possessing, shipping, transporting, or receiving firearms, 32 offensive weapons, or ammunition. 33 2. A court shall issue an ex parte firearm violence 34 protective order if the petition, supported by an affidavit 35 -2- LSB 5423YH (6) 86 rh/rj 2/ 8

H.F. 2255 made in writing and any additional information and signed by 1 the petitioner under oath, shows a substantial likelihood that 2 all of the following conditions exist: 3 a. The respondent poses a significant danger, in the near 4 future, of causing physical injury to the respondent’s self 5 or others by possessing, shipping, transporting, or receiving 6 firearms, offensive weapons, or ammunition as determined by 7 evidence of any of the following: 8 (1) A recent threat of violence or act of violence by the 9 respondent directed toward the respondent’s self or others. 10 For the purposes of this subparagraph, “recent” means within the 11 last six months prior to the date the petition was filed. 12 (2) A pattern of violent acts or violent threats within the 13 past twelve months, including but not limited to threats of 14 violence or acts of violence by the respondent directed toward 15 the respondent’s self or others. 16 (3) The unlawful and reckless use, display, or brandishing 17 of a firearm, offensive weapon, or ammunition by the 18 respondent. 19 (4) Other evidence of an increased risk of violence by the 20 respondent. 21 b. An ex parte firearm violence protective order is 22 necessary to prevent physical injury to the respondent’s self 23 or others because less restrictive alternatives have been tried 24 and found to be ineffective, or are determined to be inadequate 25 or inappropriate for the circumstances of the respondent. 26 3. If the court determines that grounds exist to issue an ex 27 parte firearm violence protective order, the court shall issue 28 an ex parte firearm violence protective order that prohibits 29 the respondent from possessing, shipping, transporting, or 30 receiving firearms, offensive weapons, or ammunition, and that 31 expires not later than twenty-one days from the date the order 32 is issued. 33 4. Within twenty-one days from the date the order is issued, 34 the court shall hold a hearing to determine if a firearm 35 -3- LSB 5423YH (6) 86 rh/rj 3/ 8

H.F. 2255 violence protective order should be issued for a period of one 1 year pursuant to section 724A.4. 2 Sec. 5. NEW SECTION . 724A.4 Firearm violence protective 3 order —— notice and hearing. 4 1. Subsequent to the issuance of an ex parte firearm 5 violence protective order pursuant to section 724A.3, an 6 immediate family member or a law enforcement officer may 7 request the court, after notice and a hearing, to issue a 8 firearm violence protective order enjoining the respondent from 9 possessing, shipping, transporting, or receiving firearms, 10 offensive weapons, or ammunition for a period of one year. 11 2. In determining whether to issue a firearm violence 12 protective order under this section, the court shall consider 13 evidence of any of the following: 14 a. A recent threat of violence or act of violence by the 15 respondent directed toward the respondent’s self or others. 16 For the purposes of this paragraph, “recent” means within the 17 last six months prior to the date the petition was filed. 18 b. A pattern of violent acts or violent threats within the 19 past twelve months, including but not limited to threats of 20 violence or acts of violence by the respondent directed toward 21 the respondent’s self or others. 22 c. The unlawful and reckless use, display, or brandishing of 23 a firearm, offensive weapon, or ammunition by the respondent. 24 d. Other evidence of an increased risk for violence by the 25 respondent. 26 3. At the hearing, the petitioner shall have the burden 27 of proving, by clear and convincing evidence, all of the 28 following: 29 a. The respondent poses a significant danger of personal 30 injury to the respondent’s self or others by possessing, 31 shipping, transporting, or receiving firearms, offensive 32 weapons, or ammunition. 33 b. A firearm violence protective order is necessary to 34 prevent physical injury to the respondent’s self or others 35 -4- LSB 5423YH (6) 86 rh/rj 4/ 8

H.F. 2255 because less restrictive alternatives have been tried and 1 found to be ineffective or are determined to be inadequate or 2 inappropriate for the respondent’s circumstances. 3 c. (1) If the court finds that there is clear and 4 convincing evidence to issue a firearm violence protective 5 order, the court shall issue a firearm violence protective 6 order that prohibits the respondent from having in the 7 respondent’s custody or control, or owning, purchasing, 8 possessing, or receiving, or attempting to purchase or receive, 9 a firearm, offensive weapon, or ammunition, and that expires 10 one year from the date of the order. 11 (2) If the court finds that there is not clear and 12 convincing evidence to support the issuance of a firearm 13 violence protective order, the court shall dissolve any 14 temporary emergency or ex parte firearm violence protective 15 order then in effect. 16 Sec. 6. NEW SECTION . 724A.5 Judicial branch forms and 17 rules. 18 The judicial branch shall prescribe standard forms and rules 19 necessary or expedient to carry out the intent and purposes of 20 this chapter. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to firearm violence protective orders and 25 makes penalties applicable. 26 The bill establishes three categories of firearm violence 27 protective orders: (1) a temporary emergency firearm violence 28 protective order (available outside of regular court hours), 29 (2) an ex parte firearm violence protective order, and (3) 30 a firearm violence protective order issued after notice and 31 hearing. 32 TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER. 33 The bill provides that a law enforcement officer may seek 34 a temporary emergency firearm protective order by orally 35 -5- LSB 5423YH (6) 86 rh/rj 5/ 8

H.F. 2255 contacting a judicial officer. A court may issue a temporary 1 emergency firearm protective order if a judicial officer 2 finds there is reasonable cause to believe that a person 3 poses an immediate and present danger of physical injury to 4 the respondent’s self or others by possessing, shipping, 5 transporting, or receiving firearms, offensive weapons, or 6 ammunition and that a temporary emergency firearm violence 7 protective order is necessary to prevent physical injury to 8 the respondent’s self or others because less restrictive 9 alternatives have been tried and found to be ineffective or 10 are determined to be inadequate or inappropriate for the 11 respondent’s circumstances. A temporary emergency firearm 12 violence protective order issued under the bill shall prohibit 13 the respondent from possessing, shipping, transporting, 14 or receiving firearms, offensive weapons, or ammunition or 15 attempting to possess, ship, transport, or receive a firearm, 16 offensive weapon, or ammunition, and expires 21 days from the 17 date the order is issued. 18 EX PARTE FIREARM VIOLENCE PROTECTIVE ORDER. An immediate 19 family member of a respondent or a law enforcement officer 20 may file a petition requesting the court to issue an ex parte 21 firearm violence protective order enjoining the respondent 22 from possessing, shipping, transporting, or receiving 23 firearms, offensive weapons, or ammunition. A court shall 24 issue an ex parte firearm violence protective order if the 25 petition, supported by an affidavit made in writing and any 26 additional information and signed by the petitioner under 27 oath, shows a substantial likelihood that the respondent poses 28 a significant danger, in the near future, of physical injury 29 to the respondent’s self or others by possessing, shipping, 30 transporting, or receiving firearms, offensive weapons, or 31 ammunition as determined by certain evidence including threats 32 of or acts of violence by the respondent, and that the order is 33 necessary to prevent physical injury to the respondent’s self 34 or others because less restrictive alternatives have been tried 35 -6- LSB 5423YH (6) 86 rh/rj 6/ 8

H.F. 2255 and found to be ineffective, or are determined to be inadequate 1 or inappropriate for the circumstances of the respondent. 2 If the court issues an ex parte firearm violence protective 3 order that prohibits the respondent from possessing, shipping, 4 transporting, or receiving firearms, offensive weapons, or 5 ammunition, the order expires not later than 21 days from the 6 date the order is issued. Within 21 days after the date the 7 order is issued, the court shall hold a hearing to determine 8 if a firearm violence protective order should be issued for a 9 period of one year. 10 FIREARM PROTECTIVE ORDER —— NOTICE AND HEARING. Subsequent 11 to the issuance of an ex parte firearm violence protective 12 order, an immediate family member or a law enforcement officer 13 may request the court, after notice and a hearing, to issue 14 a firearm violence protective order enjoining the respondent 15 from possessing, shipping, transporting, or receiving firearms, 16 offensive weapons, or ammunition for a period of one year. The 17 court may consider additional evidence to determine whether 18 to issue a firearm violence protective order for a period of 19 one year. The evidentiary requirements and standard of review 20 are similar to those required for an ex parte firearm violence 21 protective order. 22 PENALTIES. Under current Code section 724.26, a person who 23 is the subject of a domestic abuse protective order or who has 24 been convicted of a misdemeanor crime of domestic violence 25 under federal law who knowingly possesses, ships, transports, 26 or receives a firearm, offensive weapon, or ammunition is 27 guilty of a class “D” felony. The bill expands this category 28 of persons to include a person who is the subject of a firearm 29 violence protective order under the bill. The bill makes 30 certain provisions contained in Code section 724.26 relating to 31 the surrender of any firearm, offensive weapon, or ammunition 32 in the possession of a prohibited person under the bill, 33 including certain transfer, sale, reporting information, and 34 the return of any firearms, offensive weapons, and ammunition 35 -7- LSB 5423YH (6) 86 rh/rj 7/ 8