HF 397 (LSB 1733HH (7) 87)

HOUSE FILE 397

BY  ANDERSON

A BILL FOR

An Act relating to firearms, by prohibiting certain persons from possessing, receiving, or transporting firearms, requiring the reporting of the loss or theft of a firearm to a local law enforcement agency, and providing penalties and remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.26, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  A person who has been charged with a hate crime under section 729A.2, or stalking under section 708.11, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon, while such charges are pending, is guilty of a class “D” felony.
   NEW SUBSECTION.  1B.  A person who has been convicted of a hate crime which is a misdemeanor in violation of section 729A.2, or stalking which is a misdemeanor in violation of section 708.11, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon, is guilty of a class “D” felony.
    Sec. 2.  NEW SECTION.  724.32  Reporting loss or theft of a firearm or ammunition —— criminal penalty —— civil remedy.
   1.  A person shall report the loss or theft of any firearm or ammunition owned by the person to a local law enforcement agency within seventy-two hours after the person knew or should have reasonably known of the loss or theft.
   2.  A local law enforcement agency shall report any loss or theft reported to the agency under subsection 1 to the department of public safety within twenty-four hours of the receipt of the report.
   3.  A person who violates subsection 1 commits a serious misdemeanor.
   4.  If a person fails to report the loss or theft of a firearm or ammunition owned by the person in violation of subsection 1, and such firearm or ammunition is subsequently used in the furtherance of a crime, the victim of the crime may bring a civil action for monetary damages against the person for failing to report the loss or theft.
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 firearms, by prohibiting certain persons from possessing, receiving, or transporting firearms, and requiring the reporting of the loss or theft of a firearm to a local law enforcement agency.
   POSSESSING, RECEIVING, OR TRANSPORTING FIREARMS BY CERTAIN CRIMINAL DEFENDANTS. Code section 724.26(1) currently prohibits a convicted felon from possessing, receiving, or transporting a firearm or offensive weapon.
   The amendment to Code section 724.26 provides that a person who has been charged with a hate crime under Code section 729A.2, or stalking under Code section 708.11, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon, while such charges are pending, is guilty of a class “D” felony.
   The amendment to Code section 724.26 also provides that a person who has been convicted of a misdemeanor hate crime in violation of Code section 729A.2, or misdemeanor stalking in violation of Code section 708.11, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon, is guilty of a class “D” felony. 
   REPORTING LOSS OR THEFT OF FIREARMS OR AMMUNITION. The bill requires a person to report the loss or theft of any firearm or ammunition owned by the person to a local law enforcement agency within 72 hours of when the person knew or should have reasonably known of the loss or theft. A person who violates this provision commits a serious misdemeanor.
   The bill also requires a local law enforcement agency to report to the department of public safety any loss or theft reported to the local law enforcement agency within 24 hours of receipt of the report.
   If a person fails to report the loss or theft of a firearm or ammunition owned by the person in violation of the bill, and such firearm or ammunition is subsequently used in the furtherance of a crime, the victim of the crime may bring a civil action for monetary damages against the person for failing to report the loss or theft.