H.F. 611 Section 1. Section 724.26, subsection 2, paragraph a, Code 1 2017, 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 1822YH (2) 87 jm/rh/rj 1/ 8

H.F. 611 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 temporary emergency relief if the 7 district judge or district associate judge finds that there is 8 reasonable 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 temporary firearm 27 violence 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 temporary firearm 34 violence protective order if the petition, supported by an 35 -2- LSB 1822YH (2) 87 jm/rh/rj 2/ 8

H.F. 611 affidavit made in writing and any additional information and 1 signed by the petitioner under oath, shows a substantial 2 likelihood that 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 indicating an increased risk of violence 20 by the respondent. 21 b. An ex parte temporary firearm violence protective order 22 is necessary to prevent physical injury to the respondent’s 23 self or others because less restrictive alternatives have 24 been tried and found to be ineffective, or are determined to 25 be inadequate or inappropriate for the circumstances of the 26 respondent. 27 3. If the court determines that grounds exist to issue an ex 28 parte temporary firearm violence protective order, the court 29 shall issue an ex parte temporary firearm violence protective 30 order that prohibits the respondent from possessing, shipping, 31 transporting, or receiving firearms, offensive weapons, or 32 ammunition, or attempting to possess, ship, transport, or 33 receive firearms, offensive weapons, or ammunition, and that 34 expires not later than twenty-one days from the date the order 35 -3- LSB 1822YH (2) 87 jm/rh/rj 3/ 8

H.F. 611 is issued. 1 4. Within twenty-one days from the date the order is issued, 2 the court shall hold a hearing to determine if a firearm 3 violence protective order should be issued for a period of one 4 year pursuant to section 724A.4. 5 Sec. 5. NEW SECTION . 724A.4 Firearm violence protective 6 order —— notice and hearing. 7 1. Subsequent to the issuance of an ex parte firearm 8 violence protective order pursuant to section 724A.3, an 9 immediate family member or a law enforcement officer may 10 request the court, after notice and a hearing, to issue a 11 firearm violence protective order enjoining the respondent from 12 possessing, shipping, transporting, or receiving firearms, 13 offensive weapons, or ammunition for a period of one year. 14 2. In determining whether to issue a firearm violence 15 protective order under this section, the court shall consider 16 evidence of any of the following: 17 a. A recent threat of violence or act of violence by the 18 respondent directed toward the respondent’s self or others. 19 For the purposes of this paragraph, “recent” means within the 20 last six months prior to the date the petition was filed. 21 b. A pattern of violent acts or violent threats within the 22 past twelve months, including but not limited to threats of 23 violence or acts of violence by the respondent directed toward 24 the respondent’s self or others. 25 c. The unlawful and reckless use, display, or brandishing of 26 a firearm, offensive weapon, or ammunition by the respondent. 27 d. Other evidence indicating an increased risk for violence 28 by the respondent. 29 3. At the hearing, the petitioner shall have the burden 30 of proving, by clear and convincing evidence, all of the 31 following: 32 a. The respondent poses a significant danger of personal 33 injury to the respondent’s self or others by possessing, 34 shipping, transporting, or receiving firearms, offensive 35 -4- LSB 1822YH (2) 87 jm/rh/rj 4/ 8

H.F. 611 weapons, or ammunition. 1 b. A firearm violence protective order is necessary to 2 prevent physical injury to the respondent’s self or others 3 because less restrictive alternatives have been tried and 4 found to be ineffective or are determined to be inadequate or 5 inappropriate for the respondent’s circumstances. 6 c. (1) If the court finds that there is clear and 7 convincing evidence to issue a firearm violence protective 8 order, the court shall issue a firearm violence protective 9 order that prohibits the respondent from having in the 10 respondent’s custody or control, or owning, purchasing, 11 possessing, or receiving, or attempting to purchase or receive, 12 a firearm, offensive weapon, or ammunition, and that expires 13 one year from the date of the order. 14 (2) If the court finds that there is not clear and 15 convincing evidence to support the issuance of a firearm 16 violence protective order, the court shall dissolve any 17 temporary emergency or ex parte firearm violence protective 18 order then in effect. 19 Sec. 6. NEW SECTION . 724A.5 Judicial branch forms and 20 rules. 21 The judicial branch shall prescribe standard forms and rules 22 necessary or expedient to carry out the intent and purposes of 23 this chapter. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to firearm violence protective orders and 28 makes penalties applicable. 29 The bill establishes three categories of firearm violence 30 protective orders: (1) a temporary emergency firearm violence 31 protective order (available outside of regular court hours), 32 (2) an ex parte firearm violence protective order, and (3) 33 a firearm violence protective order issued after notice and 34 hearing. 35 -5- LSB 1822YH (2) 87 jm/rh/rj 5/ 8

H.F. 611 TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER. 1 The bill provides that a law enforcement officer may seek 2 a temporary emergency firearm protective order by orally 3 contacting a judicial officer. A court may issue a temporary 4 emergency firearm protective order if a judicial officer 5 finds there is reasonable cause to believe that a person 6 poses an immediate and present danger of physical injury to 7 the respondent’s self or others by possessing, shipping, 8 transporting, or receiving firearms, offensive weapons, or 9 ammunition and that a temporary emergency firearm violence 10 protective order is necessary to prevent physical injury to 11 the respondent’s self or others because less restrictive 12 alternatives have been tried and found to be ineffective or 13 are determined to be inadequate or inappropriate for the 14 respondent’s circumstances. A temporary emergency firearm 15 violence protective order issued under the bill shall prohibit 16 the respondent from possessing, shipping, transporting, 17 or receiving firearms, offensive weapons, or ammunition or 18 attempting to possess, ship, transport, or receive a firearm, 19 offensive weapon, or ammunition, and expires 21 days from the 20 date the order is issued. 21 EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An 22 immediate family member of a respondent or a law enforcement 23 officer may file a petition requesting the court to issue an 24 ex parte temporary firearm violence protective order enjoining 25 the respondent from possessing, shipping, transporting, or 26 receiving firearms, offensive weapons, or ammunition. A 27 court shall issue an ex parte temporary firearm violence 28 protective order if the petition, supported by an affidavit 29 made in writing and any additional information and signed by 30 the petitioner under oath, shows a substantial likelihood 31 that the respondent poses a significant danger, in the 32 near future, of physical injury to the respondent’s self or 33 others by possessing, shipping, transporting, or receiving 34 firearms, offensive weapons, or ammunition as determined by 35 -6- LSB 1822YH (2) 87 jm/rh/rj 6/ 8

H.F. 611 certain evidence including threats of or acts of violence by 1 the respondent, and that the order is necessary to prevent 2 physical injury to the respondent’s self or others because 3 less restrictive alternatives have been tried and found 4 to be ineffective, or are determined to be inadequate or 5 inappropriate for the circumstances of the respondent. If the 6 court issues an ex parte temporary firearm violence protective 7 order that prohibits the respondent from possessing, shipping, 8 transporting, or receiving firearms, offensive weapons, or 9 ammunition, or attempting to possess, ship, transport, or 10 receive firearms, offensive weapons, or ammunition, the order 11 expires not later than 21 days from the date the order is 12 issued. Within 21 days after the date the order is issued, the 13 court shall hold a hearing to determine if a firearm violence 14 protective order should be issued for a period of one year. 15 FIREARM VIOLENCE PROTECTIVE ORDER —— NOTICE AND HEARING. 16 Subsequent to the issuance of an ex parte firearm violence 17 protective order, an immediate family member or a law 18 enforcement officer may request the court, after notice and a 19 hearing, to issue a firearm violence protective order enjoining 20 the respondent from possessing, shipping, transporting, or 21 receiving firearms, offensive weapons, or ammunition for a 22 period of one year. The court may consider additional evidence 23 to determine whether to issue a firearm violence protective 24 order for a period of one year. The evidentiary requirements 25 and standard of review are similar to those required for an ex 26 parte firearm violence protective order. 27 PENALTIES. Under current Code section 724.26, a person who 28 is the subject of a domestic abuse protective order or who has 29 been convicted of a misdemeanor crime of domestic violence 30 under federal law who knowingly possesses, ships, transports, 31 or receives a firearm, offensive weapon, or ammunition is 32 guilty of a class “D” felony. The bill expands this category 33 of persons to include a person who is the subject of a firearm 34 violence protective order under the bill. The bill makes 35 -7- LSB 1822YH (2) 87 jm/rh/rj 7/ 8

H.F. 611 applicable certain provisions contained in Code section 1 724.26 relating to the surrender of any firearm, offensive 2 weapon, or ammunition in the possession of a prohibited person 3 under the bill, including certain transfer, sale, reporting 4 information, and the return of any firearms, offensive weapons, 5 and ammunition to the person upon the expiration of the firearm 6 protective order. 7 RULES. The bill requires the judicial branch to prescribe 8 forms and rules necessary to carry out the intent and purposes 9 of the bill. 10 -8- LSB 1822YH (2) 87 jm/rh/rj 8/ 8