H.F. 226 Section 1. Section 724.26, subsection 1, Code 2021, is 1 amended to read as follows: 2 1. A Except as provided in section 724.26A, a person who 3 is convicted of a felony in a state or federal court, or who 4 is adjudicated delinquent on the basis of conduct that would 5 constitute a felony if committed by an adult, and who knowingly 6 has under the person’s dominion and control or possession, 7 receives, or transports or causes to be transported a firearm 8 or offensive weapon is guilty of a class “D” felony. 9 Sec. 2. NEW SECTION . 724.26A Restoration of rights. 10 1. A person convicted of a class “D” felony, other than a 11 forcible felony or domestic abuse assault under section 708.2A, 12 subsection 5, may apply to the department of public safety for 13 the restoration of the right to possess, receive, or transport 14 or cause to be transported a firearm, if all of the following 15 apply: 16 a. Ten years have elapsed from the date of the applicant’s 17 class “D” felony conviction. 18 b. The applicant has no pending criminal charges and no 19 felony convictions in the previous ten years. 20 c. The applicant has not been convicted of a violation of 21 this chapter. 22 d. The applicant’s class “D” felony conviction did not 23 involve the use or threatened use of a dangerous weapon. 24 e. The applicant would otherwise be eligible to possess, 25 receive, or transport or cause to be transported a firearm. 26 2. The department of public safety shall conduct a criminal 27 background check on the applicant including an inquiry of the 28 national instant criminal background check system maintained 29 by the federal bureau of investigation or any successor agency 30 to determine if ten years have elapsed from the date of the 31 applicant’s class “D” felony conviction, the applicant has 32 no pending criminal charges and no felony convictions in the 33 previous ten years, the applicant has not been convicted 34 of a violation of this chapter, the applicant’s class “D” 35 -1- LSB 1293YH (5) 89 js/rh 1/ 5

H.F. 226 conviction did not involve the use or threatened use of a 1 dangerous weapon, and the applicant would otherwise be eligible 2 to possess, receive, or transport or cause to be transported 3 a firearm. 4 3. a. If the application is approved by the department 5 of public safety, the department shall issue a certificate 6 of restoration of firearm rights to the applicant. The 7 certificate shall be proof that the firearm rights of the 8 applicant have been restored unless the rights are subsequently 9 taken away by a disqualifying event. 10 b. One copy of the certificate shall be delivered to the 11 applicant and one copy shall be delivered to the clerk of the 12 district court where the judgment of the class “D” felony is 13 of record. 14 c. If the department of public safety denies the 15 application, the department shall provide the applicant with 16 written notification of the denial and the reason for the 17 denial. An applicant may seek review of the denial pursuant to 18 subsection 4. 19 4. The applicant may file an appeal with an administrative 20 law judge by filing a copy of the denial with a written 21 statement that clearly states the applicant’s reasons rebutting 22 the denial with a fee of ten dollars. Additional supporting 23 information relevant to the proceedings may also be included. 24 a. The administrative law judge shall, within forty-five 25 days of receipt of the applicant’s request for an appeal, set 26 a hearing date. The hearing may be held by telephone or video 27 conference at the discretion of the administrative law judge. 28 The administrative law judge shall receive witness testimony 29 and other evidence relevant to the proceedings at the hearing. 30 The hearing shall be conducted pursuant to chapter 17A. 31 b. Upon conclusion of the hearing, the administrative 32 law judge shall order that the denial be either rescinded or 33 sustained. An applicant shall have the right to judicial 34 review in accordance with the terms of chapter 17A. 35 -2- LSB 1293YH (5) 89 js/rh 2/ 5

H.F. 226 c. The standard of review under this section shall be clear 1 and convincing evidence that the department’s written statement 2 of the reasons for the denial constituted probable cause to 3 deny the application. 4 5. An applicant may still make an application for 5 restoration of citizenship rights pursuant to sections 914.1 6 through 914.6. 7 6. The department of public safety shall adopt rules 8 pursuant to chapter 17A to administer this section. 9 Sec. 3. Section 914.7, Code 2021, is amended to read as 10 follows: 11 914.7 Rights not restorable. 12 1. Notwithstanding Except as provided in section 724.26A, 13 notwithstanding any other provision of this chapter , a person 14 who has been convicted of a forcible felony, a felony violation 15 of chapter 124 involving a firearm, or a felony violation of 16 chapter 724 shall not have the person’s rights of citizenship 17 restored to the extent of allowing the person to receive, 18 transport, or possess firearms. 19 2. Notwithstanding Except as provided in section 724.26A, 20 notwithstanding any provision of this chapter , a person 21 seventeen years of age or younger who commits a public offense 22 involving a firearm which is an aggravated misdemeanor against 23 a person or a felony shall not have the person’s rights of 24 citizenship restored to the extent of allowing the person to 25 receive, transport, or possess firearms. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the restoration of firearm rights for 30 persons convicted of certain felonies. 31 The bill allows a person convicted of a class “D” felony, 32 other than a forcible felony or domestic abuse assault under 33 Code section 708.2A(5), to apply to the department of public 34 safety for the restoration of the right to possess, receive, 35 -3- LSB 1293YH (5) 89 js/rh 3/ 5

H.F. 226 or transport or cause to be transported a firearm, if all of 1 the following apply: 10 years have elapsed from the date of 2 the applicant’s class “D” felony conviction, the applicant 3 has no pending criminal charges or felony convictions in the 4 previous 10 years, the applicant has not been convicted of a 5 violation of Code chapter 724 (weapons), the applicant’s class 6 “D” conviction did not involve the use or threatened use of a 7 dangerous weapon, and the applicant would otherwise be eligible 8 to possess, receive, or transport or cause to be transported 9 a firearm. 10 The bill requires the department of public safety to conduct 11 a criminal background check on the applicant including an 12 inquiry of the national instant criminal background check 13 system maintained by the federal bureau of investigation or 14 any successor agency to determine if the application meets the 15 requirements for restoration of firearm rights established in 16 the bill. 17 If the application is approved by the department of public 18 safety, the bill requires the department of public safety to 19 issue a certificate of restoration of firearm rights to the 20 applicant. The bill specifies the certificate shall be proof 21 the firearm rights of the applicant have been restored unless 22 the rights are subsequently taken away by a disqualifying 23 event. 24 The bill requires one copy of the certificate be delivered to 25 the applicant and one copy shall be delivered to the clerk of 26 the district court where the judgment of the class “D” felony 27 is of record. 28 If the department of public safety denies the application 29 under the bill, the department shall provide the applicant 30 with written notification of the denial and the reason for the 31 denial. The bill permits an applicant to seek review of the 32 denial. 33 If the applicant appeals the denial of the application 34 of the department of public safety, the bill requires the 35 -4- LSB 1293YH (5) 89 js/rh 4/ 5

H.F. 226 administrative law judge to set a hearing date within 45 days 1 of receipt of the request for an appeal. The hearing may be 2 held by telephone or video conference at the discretion of the 3 administrative law judge. The administrative law judge shall 4 receive witness testimony and other evidence relevant to the 5 proceedings at the hearing. The hearing shall be conducted 6 pursuant to Code chapter 17A. 7 The bill does not prohibit an applicant from making an 8 application for restoration of citizenship rights pursuant to 9 Code sections 914.1 through 914.6. 10 The bill also makes conforming changes to Code sections 11 724.26 (possession, receipt, transportation, or dominion and 12 control of firearms, offensive weapons, and ammunition by 13 felons and others) and 914.7 (rights not restorable). 14 -5- LSB 1293YH (5) 89 js/rh 5/ 5