HF 434 (LSB 2544HH (5) 86)

HOUSE FILE 434

BY  WOLFE

A BILL FOR

An Act relating to the possession, receipt, transportation, or dominion or control of firearms, offensive weapons, and ammunition by certain persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.25, subsection 1, Code 2015, is amended to read as follows:
   1.  As used in section 724.26, the word “felony” means any offense punishable in the jurisdiction where it occurred by imprisonment for a term exceeding one year, but does not include any offense, other than an offense involving a firearm or explosive, classified as a misdemeanor under the laws of the state and punishable by a term of imprisonment of two years or less.  “Felony” does not include a deferred judgment that has been expunged pursuant to section 907.3 or the applicable law of the state in which the deferred judgment was entered, or an adjudication of a delinquent act that has been sealed under section 232.150 or the applicable law of the state in which the adjudication of delinquency was entered.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the possession, receipt, transportation, or dominion and control of firearms, offensive weapons, and ammunition by certain persons.
   Current law in Code section 724.26 prohibits a felon from possessing, receiving, transporting, or controlling a firearm, offensive weapon, and ammunition. The bill provides that a person, who has had a felony judgment deferred that has been expunged pursuant to Code section 907.3 or under similar laws of another state or an adjudication of a delinquent act sealed in juvenile court under Code section 232.150 or under similar laws of another state, is not a felon for purposes of determining whether a violation of Code section 724.26 has occurred.
   A felon who violates Code section 724.26 commits a class “D” felony.