House
File
397
-
Introduced
HOUSE
FILE
397
BY
ANDERSON
A
BILL
FOR
An
Act
relating
to
firearms,
by
prohibiting
certain
persons
1
from
possessing,
receiving,
or
transporting
firearms,
2
requiring
the
reporting
of
the
loss
or
theft
of
a
firearm
to
3
a
local
law
enforcement
agency,
and
providing
penalties
and
4
remedies.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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397
Section
1.
Section
724.26,
Code
2017,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
A
person
who
has
been
charged
with
3
a
hate
crime
under
section
729A.2,
or
stalking
under
section
4
708.11,
and
who
knowingly
has
under
the
person’s
dominion
and
5
control
or
possession,
receives,
or
transports
or
causes
to
be
6
transported
a
firearm
or
offensive
weapon,
while
such
charges
7
are
pending,
is
guilty
of
a
class
“D”
felony.
8
NEW
SUBSECTION
.
1B.
A
person
who
has
been
convicted
of
9
a
hate
crime
which
is
a
misdemeanor
in
violation
of
section
10
729A.2,
or
stalking
which
is
a
misdemeanor
in
violation
of
11
section
708.11,
and
who
knowingly
has
under
the
person’s
12
dominion
and
control
or
possession,
receives,
or
transports
13
or
causes
to
be
transported
a
firearm
or
offensive
weapon,
is
14
guilty
of
a
class
“D”
felony.
15
Sec.
2.
NEW
SECTION
.
724.32
Reporting
loss
or
theft
of
a
16
firearm
or
ammunition
——
criminal
penalty
——
civil
remedy.
17
1.
A
person
shall
report
the
loss
or
theft
of
any
firearm
18
or
ammunition
owned
by
the
person
to
a
local
law
enforcement
19
agency
within
seventy-two
hours
after
the
person
knew
or
should
20
have
reasonably
known
of
the
loss
or
theft.
21
2.
A
local
law
enforcement
agency
shall
report
any
loss
22
or
theft
reported
to
the
agency
under
subsection
1
to
the
23
department
of
public
safety
within
twenty-four
hours
of
the
24
receipt
of
the
report.
25
3.
A
person
who
violates
subsection
1
commits
a
serious
26
misdemeanor.
27
4.
If
a
person
fails
to
report
the
loss
or
theft
of
a
28
firearm
or
ammunition
owned
by
the
person
in
violation
of
29
subsection
1,
and
such
firearm
or
ammunition
is
subsequently
30
used
in
the
furtherance
of
a
crime,
the
victim
of
the
crime
may
31
bring
a
civil
action
for
monetary
damages
against
the
person
32
for
failing
to
report
the
loss
or
theft.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
firearms,
by
prohibiting
certain
2
persons
from
possessing,
receiving,
or
transporting
firearms,
3
and
requiring
the
reporting
of
the
loss
or
theft
of
a
firearm
4
to
a
local
law
enforcement
agency.
5
POSSESSING,
RECEIVING,
OR
TRANSPORTING
FIREARMS
BY
CERTAIN
6
CRIMINAL
DEFENDANTS.
Code
section
724.26(1)
currently
7
prohibits
a
convicted
felon
from
possessing,
receiving,
or
8
transporting
a
firearm
or
offensive
weapon.
9
The
amendment
to
Code
section
724.26
provides
that
a
10
person
who
has
been
charged
with
a
hate
crime
under
Code
11
section
729A.2,
or
stalking
under
Code
section
708.11,
and
12
who
knowingly
has
under
the
person’s
dominion
and
control
or
13
possession,
receives,
or
transports
or
causes
to
be
transported
14
a
firearm
or
offensive
weapon,
while
such
charges
are
pending,
15
is
guilty
of
a
class
“D”
felony.
16
The
amendment
to
Code
section
724.26
also
provides
that
a
17
person
who
has
been
convicted
of
a
misdemeanor
hate
crime
in
18
violation
of
Code
section
729A.2,
or
misdemeanor
stalking
in
19
violation
of
Code
section
708.11,
and
who
knowingly
has
under
20
the
person’s
dominion
and
control
or
possession,
receives,
or
21
transports
or
causes
to
be
transported
a
firearm
or
offensive
22
weapon,
is
guilty
of
a
class
“D”
felony.
23
REPORTING
LOSS
OR
THEFT
OF
FIREARMS
OR
AMMUNITION.
The
bill
24
requires
a
person
to
report
the
loss
or
theft
of
any
firearm
25
or
ammunition
owned
by
the
person
to
a
local
law
enforcement
26
agency
within
72
hours
of
when
the
person
knew
or
should
have
27
reasonably
known
of
the
loss
or
theft.
A
person
who
violates
28
this
provision
commits
a
serious
misdemeanor.
29
The
bill
also
requires
a
local
law
enforcement
agency
to
30
report
to
the
department
of
public
safety
any
loss
or
theft
31
reported
to
the
local
law
enforcement
agency
within
24
hours
of
32
receipt
of
the
report.
33
If
a
person
fails
to
report
the
loss
or
theft
of
a
firearm
34
or
ammunition
owned
by
the
person
in
violation
of
the
bill,
35
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397
and
such
firearm
or
ammunition
is
subsequently
used
in
the
1
furtherance
of
a
crime,
the
victim
of
the
crime
may
bring
2
a
civil
action
for
monetary
damages
against
the
person
for
3
failing
to
report
the
loss
or
theft.
4
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3