House File 2398 - Introduced HOUSE FILE 2398 BY WOLFE A BILL FOR An Act relating to the possession of firearms, offensive 1 weapons, and ammunition by persons arrested for or convicted 2 of committing harassment involving a threat to commit a 3 forcible felony and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5139YH (3) 88 js/rh

H.F. 2398 Section 1. Section 664A.5, Code 2020, is amended to read as 1 follows: 2 664A.5 Modification —— entry of permanent no-contact order. 3 If a defendant is convicted of, receives a deferred judgment 4 for, or pleads guilty to a public offense referred to in 5 section 664A.2, subsection 1 , or is held in contempt for a 6 violation of a no-contact order issued under section 664A.3 7 or for a violation of a protective order issued pursuant to 8 chapter 232 , 235F , 236 , 236A , 598 , or 915 , the court shall 9 either terminate or modify the temporary no-contact order 10 issued by the magistrate. The court may enter a no-contact 11 order or continue the no-contact order already in effect for 12 a period of five years from the date the judgment is entered 13 or the deferred judgment is granted, regardless of whether 14 the defendant is placed on probation. The court may continue 15 a no-contact order already in effect containing firearm 16 restrictions pursuant to section 708.7, subsection 5B, for a 17 period of up to five years, but the firearm restriction shall 18 be in effect for no more than one year from the date the court 19 enters the order. 20 Sec. 2. Section 708.7, Code 2020, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 5A. When entering a temporary no-contact 23 order pursuant to section 664A.3 against a person arrested for 24 harassment involving a threat to commit a forcible felony, 25 a court may include a condition prohibiting the person from 26 possessing, shipping, transporting, or receiving a firearm, 27 offensive weapon, or ammunition. 28 NEW SUBSECTION . 5B. When entering a permanent no-contact 29 order pursuant to section 664A.5 against a person convicted 30 of, receiving a deferred judgment for, or pleading guilty to 31 harassment involving a threat to commit a forcible felony, 32 a court may include a condition prohibiting the person from 33 possessing, shipping, transporting, or receiving a firearm, 34 offensive weapon, or ammunition. However, the firearm 35 -1- LSB 5139YH (3) 88 js/rh 1/ 3

H.F. 2398 restriction shall be in effect for no more than one year from 1 the date the court enters the order. 2 Sec. 3. Section 724.26, subsection 2, paragraph a, Code 3 2020, is amended to read as follows: 4 a. Except as provided in paragraph “b” , a person who is 5 subject to a protective order under 18 U.S.C. §922(g)(8) , or 6 who has been convicted of a misdemeanor crime of domestic 7 violence under 18 U.S.C. §922(g)(9) , or who is subject to 8 a no-contact order prohibiting the person from possessing, 9 shipping, transporting, or receiving a firearm, offensive 10 weapon, or ammunition pursuant to section 708.7, subsection 11 5A or 5B, and who knowingly possesses, ships, transports, or 12 receives a firearm, offensive weapon, or ammunition is guilty 13 of a class “D” felony. 14 Sec. 4. Section 724.26, subsection 3, Code 2020, is amended 15 to read as follows: 16 3. Upon the issuance of a protective order , no-contact 17 order, or entry of a judgment of conviction described in 18 subsection 2 , the court shall inform the person who is the 19 subject of such order or conviction that the person shall not 20 possess, ship, transport, or receive a firearm, offensive 21 weapon, or ammunition while such order is in effect , or until 22 such conviction is vacated , or until the person’s rights have 23 been restored in accordance with section 724.27 . 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 the possession of firearms, offensive 28 weapons, and ammunition by persons arrested for or convicted of 29 committing harassment involving a threat to commit a forcible 30 felony. 31 The bill provides that a court, upon entering a temporary 32 no-contact order against a person arrested for harassment 33 involving a threat to commit a forcible felony, may include a 34 condition prohibiting the person from possessing, shipping, 35 -2- LSB 5139YH (3) 88 js/rh 2/ 3

H.F. 2398 transporting, or receiving a firearm, offensive weapon, or 1 ammunition. The bill provides that a court, upon entering 2 a permanent no-contact order against a person convicted of, 3 receiving a deferred judgment for, or pleading guilty to 4 harassment involving a threat to commit a forcible felony, may 5 include a condition prohibiting the person from possessing, 6 shipping, transporting, or receiving a firearm, offensive 7 weapon, or ammunition. The firearm restrictions in a permanent 8 no-contact order entered under the bill shall be in effect for 9 no more than one year from the date a court enters the order. 10 A person against whom a no-contact order has been entered 11 under the provisions of the bill who knowingly possesses, 12 ships, transports, or receives a firearm, offensive weapon, or 13 ammunition is guilty of a class “D” felony. A class “D” felony 14 is punishable by confinement for no more than five years and a 15 fine of at least $750 but not more than $7,500. 16 The bill requires a court who enters a no-contact order under 17 the bill to inform the person against whom the order has been 18 issued of the firearms restrictions. By operation of law, a 19 court shall enter the name, address, date of birth, driver’s 20 license number, or other identifying information of the person 21 subject to an order into the Iowa criminal justice information 22 system, the reason for the order, and the date by which the 23 person is required to comply with any relinquishment order. 24 The court shall find a qualified person in this state to 25 receive any firearm, offensive weapon, or ammunition that the 26 person against whom the order was issued had in the person’s 27 possession after the order was entered. 28 By operation of law, a person against whom a no-contact order 29 has been entered under the provisions of the bill is ineligible 30 to be issued a permit to carry weapons or a permit to acquire 31 pistols or revolvers. 32 -3- LSB 5139YH (3) 88 js/rh 3/ 3