SF 2098 (LSB 5503XS (8) 91)

SENATE FILE 2098

BY  DONAHUE

A BILL FOR

An Act relating to firearms, including background checks for acquiring pistols or revolvers, identification markings on firearms and firearm parts, trigger locks, extreme risk protective orders, mental health funding, certain firearm transfers, and certain related crimes, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
TITLE

    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Charlie Kirk and Melissa Hortman Firearm Regulation Act”.
DIVISION II
BACKGROUND CHECKS

    Sec. 2.  Section 724.15, subsection 1, Code 2026, is amended to read as follows:
   1.  It is the intent of this section to satisfy federal requirements of 18 U.S.C. §922(t)(3) in order to acquire pistols or revolvers. In order to acquire a pistol or revolver from any other person, and in order to provide proof of a background check and notify that the purchaser is of legal age, a federally licensed firearms dealer, an unlicensed person is required to have a valid permit to acquire or a valid permit to carry weapons issued in accordance with this chapter or the person must complete a satisfactory national instant criminal background check pursuant to 18 U.S.C. §922(t). A person under the age of twenty-one shall not be issued a permit to acquire a pistol or revolver, nor shall a nonprofessional permit to carry weapons held by a person who has not reached the age of twenty-one be valid for the transfer of a pistol or revolver from a federally licensed firearms dealer.
DIVISION III
FIREARM IDENTIFICATION

    Sec. 3.  NEW SECTION.  724.33  Identification marks on firearms —— manufacturing firearms —— penalties.
   1.  As used in this section:
   a.  “Antique firearm” means the same as the term is defined in 18 U.S.C. §921.
   b.  “Department” means the department of public safety.
   c.  “Firearm” means the same as the term is defined in 18 U.S.C. §921.
   d.  “Manufacture” means to fabricate or construct a firearm, including the initial assembly.
   e.  “Security exemplar” means the same as the term is defined in 18 U.S.C. §922.
   f.  “Unfinished frame or lower receiver” means a blank, casting, or machined body intended to be turned into the frame or lower receiver of a firearm, with additional machining, and that has been formed or machined to the point at which most major machining operations have been completed to turn the blank, casting, or machined body into a frame or lower receiver of a firearm, even if the fire control cavity area of such blank, casting, or machined body is still completely solid and unmachined. “Unfinished frame or lower receiver” does not include a firearm.
   2.  No later than December 1, 2026, the department, in consultation with the bureau of alcohol, tobacco, firearms, and explosives as necessary, shall develop and maintain a system to distribute a unique serial number or other mark of identification to any person requesting such number or mark pursuant to subsection 4 or 5. The department shall provide notice that the system is operational by posting a notification on the department’s internet site and by electronically notifying federally licensed firearms dealers. The department shall maintain identifying information of the person requesting the number or mark and of the firearm or unfinished frame or lower receiver for which each number or mark is requested.
   3.  No person shall remove, deface, alter, or obliterate the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name.
   4.  a.  A person shall not complete the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from the department pursuant to paragraph “b” and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. §923(i) and any regulation adopted thereunder.
   b.  No later than thirty days after a person completes the manufacture of a firearm, or ninety days after the department provides notice pursuant to subsection 2, whichever date is later, the person shall request a unique serial number or other mark of identification by notifying the department of such manufacture and providing any identifying information to the department concerning the firearm and the owner of such firearm in a manner prescribed by the department. Upon receiving a properly submitted request for a unique serial number or other mark of identification from a person who completes the manufacture of a firearm, the department shall determine if the person is prohibited from purchasing or possessing a firearm. If the person is not prohibited from purchasing or possessing a firearm, the department shall issue to the person a unique serial number or other mark of identification no later than three business days after the person makes such request. Issuance of a unique serial number or other mark of identification pursuant to this subsection shall not be considered evidence that the firearm is otherwise lawfully possessed.
   c.  A person shall not transfer to another person a firearm manufactured in violation of this subsection.
   d.  A person shall not facilitate, aid, or abet the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing.
   e.  The provisions of this subsection do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed pursuant to subsection 5.
   f.  The provisions of this subsection do not apply to any of the following:
   (1)  The manufacture of firearms by a federally licensed firearms manufacturer.
   (2)  Any antique firearm or any firearm manufactured prior to the effective date of this Act, provided such firearm is otherwise lawfully possessed.
   (3)  The delivery or transfer of a firearm to a law enforcement agency.
   5.  a.  A person shall not sell, deliver, or otherwise transfer an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the system developed in subsection 2.
   b.  A person may request a unique serial number or other mark of identification for an unfinished frame or lower receiver by providing any identifying information to the department concerning the unfinished frame or lower receiver and the owner of such unfinished frame or lower receiver in a manner prescribed by the department. Upon receiving a properly submitted request for a unique serial number or other mark of identification for an unfinished frame or lower receiver, the department shall determine if the person is prohibited from purchasing or possessing a firearm. If the person is not prohibited from purchasing or possessing a firearm, the department shall issue to the person a unique serial number or other mark of identification no later than three business days after the person makes such request or ten days after the department provides notice pursuant to subsection 2, whichever date is later.
   c.  A unique serial number or other identifying mark obtained pursuant to paragraph “b” shall be engraved upon or permanently affixed to the unfinished frame or lower receiver in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. §923(i) and any regulation adopted thereunder.
   d.  A person may arrange in advance to deliver and transfer an unfinished frame or lower receiver to the department or to a police department.
   e.  On or after December 1, 2026, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law.
   f.  The provisions of this subsection do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between any of the following:
   (1)  A federally licensed firearms manufacturer and a federally licensed firearms dealer.
   (2)  A federally licensed firearms importer and a federally licensed firearms dealer.
   (3)  Multiple federally licensed firearms dealers.
   6.  A person shall not manufacture any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar.
   7.  a.  Except as otherwise provided in paragraph “b”, a person who violates a provision of this section commits a class “C” felony.
   b.  A person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of this section knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony.
   c.  Any firearm or unfinished frame or lower receiver possessed in violation of a provision of this section shall be forfeited to the department.
DIVISION IV
SAFE STORAGE

    Sec. 4.  NEW SECTION.  80.49  Public safety trigger lock fund.
   1.  A public safety trigger lock fund is established in the state treasury under the control of the department. The department may receive and accept donations, grants, loans, and contributions from any public or private source for deposit into the fund. Moneys in the fund are appropriated to the department for the purposes set forth in subsection 2.
   2.  The department shall establish a trigger lock program in the state for the purpose of providing free trigger locks to firearms owners. The department shall work with law enforcement agencies of the state, local governments, and other local entities and nonprofit organizations to provide trigger locks at no cost to firearms owners in the state.
   3.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
    Sec. 5.  Section 724.22, subsection 6, Code 2026, is amended to read as follows:
   6.  It shall be unlawful for any person to A person shall not store or leave a loaded or unloaded firearm which that is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which that a reasonable person would believe to be secure from a minor under the age of fourteen eighteen years, if such person knows or has reason to believe that a minor under the age of fourteen eighteen years is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, and the minor lawfully gains access to the firearm without the consent of the minor’s parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor.
DIVISION V
EXTREME RISK PROTECTIVE ORDERS

    Sec. 6.  Section 664A.1, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  “Protective order” means a protective order issued pursuant to chapter 232, a court order or court-approved consent agreement entered pursuant to this chapter or chapter 235F, a court order or court-approved consent agreement entered pursuant to chapter 236 or 236A, including a valid foreign protective order under section 236.19, subsection 3, or section 236A.19, subsection 3, a temporary or permanent protective order or order to vacate the homestead under chapter 598, or an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a domestic abuse assault under section 708.2A or older individual assault under section 708.2D, or a civil injunction issued pursuant to section 915.22.
   b.  “Protective order” does not include an extreme risk protective order issued pursuant to chapter 664B.
    Sec. 7.  NEW SECTION.  664B.1  Definitions.
   As used in this chapter unless the context otherwise requires:
   1.  “Affidavit” means a written declaration or statement of fact made under oath, or legally sufficient affirmation, before any person authorized to administer oaths within or without the state.
   2.  “Family member” means a spouse, person cohabiting, a parent, or other person related by consanguinity or affinity.
   3.  “Firearm” includes ammunition and any offensive weapon as that term is defined in section 724.1. 
   4.  “Intimate relationship” means the same as defined in section 235E.1.
   5.  “Plaintiff” means a family member, a person with whom the respondent is having an intimate relationship with, or a peace officer who files a petition under this chapter.
   6.  “Possession” includes ownership, custody, or control.
   7.  “Respondent” means a person against whom a protective order is filed under this chapter.
    Sec. 8.  NEW SECTION.  664B.2  Extreme risk protective order —— petition.
   1.  A plaintiff may file a petition in the district court requesting an extreme risk protective order. Venue shall lie in the county where either party resides. The petition shall contain all of the following:
   a.  The name of the plaintiff and the name and address of the plaintiff’s attorney, if any. If the plaintiff is proceeding pro se, the petition shall state a mailing address for the plaintiff. A mailing address may be provided by the plaintiff pursuant to section 664B.6.
   b.  A statement of facts alleging the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms accompanied by an affidavit stating the specific statements, actions, or facts that give rise to the reasons the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. 
   c.  The location, type, and number of firearms the plaintiff believes are possessed by the respondent. 
   d.  Whether the respondent is subject to a current protective order or a no-contact order.
   e.  Whether any legal proceeding is pending between the plaintiff and respondent, and if so, the nature of the legal proceeding.
   f.  Desired relief, including a request for temporary or emergency orders.
   2.  The filing fee and court costs for an extreme risk protective order shall be waived for the plaintiff.
   3.  The clerk of the district court, the sheriff of any county in this state, or any peace officer or corrections officer shall perform their duties relating to service of process without charge to the plaintiff. When an order for an extreme risk protective order is entered by the court, the court may direct the respondent to pay to the clerk of court the fees for the filing of the petition and reasonable costs of service of process if the court determines the respondent has the ability to pay the plaintiff’s fees and costs. In lieu of personal service of an extreme risk protective order issued pursuant to this section, the sheriff of any county in this state, and other law enforcement and corrections officers, may serve a respondent with a short-form notification pursuant to section 664B.3.
    Sec. 9.  NEW SECTION.  664B.3  Short-form notification.
   1.  In lieu of personal service of an extreme risk protective order or an emergency extreme risk protective order on a respondent whose firearms are to be surrendered by such an order, a sheriff of any county in this state or any peace officer or corrections officer in this state may serve the respondent with a short-form notification pursuant to this section to effectuate service of an unserved order.
   2.  Service of a short-form notification under this section shall be allowed during traffic stops and other contacts with the respondent by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties. The respondent may be detained for a reasonable period of time to complete the short-form notification process.
   3.  When the short-form notification process is complete, the sheriff, peace officer, or corrections officer serving the notification shall file a copy of the notification with the clerk of the district court. The filing shall indicate the date and time the notification was served on the respondent.
   4.  The short-form notification shall be on a form prescribed by the state court administrator. The state court administrator shall prescribe rules relating to the content and distribution of the form to appropriate law enforcement agencies in this state. The form shall include but not be limited to all of the following statements:
   a.  The respondent shall immediately surrender all firearms in the respondent’s possession and any permit to carry weapons or permit to acquire in the respondent’s possession.
   b.  The respondent is responsible for obtaining a full copy of the extreme risk protective order or emergency extreme risk protective order from the county sheriff of the county in which the order was entered or from the clerk of the district court.
   c.  The terms and conditions of the extreme risk protective order or emergency extreme risk protective order are enforceable, and the respondent is subject to arrest for violating the protective order.
    Sec. 10.  NEW SECTION.  664B.4  Plaintiffs proceeding pro se —— provision of forms and assistance.
   1.  The department of justice shall prescribe standard forms to be used by a plaintiff proceeding pro se when filing a petition under this chapter. The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be the exclusive forms used by a plaintiff proceeding pro se, and may be used by other plaintiffs. The department shall distribute the forms to the clerks of the district courts.
   2.  The clerk of the district court shall furnish the required forms to plaintiffs seeking an extreme risk protective order through pro se proceedings pursuant to this chapter.
    Sec. 11.  NEW SECTION.  664B.5  Assistance by county attorney.
   A county attorney’s office may provide assistance to a plaintiff wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter, if the plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The assistance provided may include, but is not limited to, assistance in obtaining or completing forms, filing a petition or other necessary pleading, presenting evidence to the court, and enforcing the orders of the court entered pursuant to this chapter. Providing assistance pursuant to this section shall not be considered the private practice of law for the purposes of section 331.752.
    Sec. 12.  NEW SECTION.  664B.6  Plaintiff’s address —— confidentiality of records.
   1.  A plaintiff may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter:
   a.  The mailing address of a shelter or other agency.
   b.  A public or private post office box.
   c.  Any other mailing address, with the permission of the resident of that address.
   2.  A plaintiff shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of the district court no more than five days after the previous address on record becomes invalid.
   3.  The entire file or a portion of the file under this chapter shall be sealed by the clerk of the district court as ordered by the court to protect the privacy interest or safety of any person.
   4.  Notwithstanding subsection 3, court orders shall remain public records, although the court may order that address and location information be redacted from the public records. 
    Sec. 13.  NEW SECTION.  664B.7  Hearing.
   1.  Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms.
   2.  Upon hearing, if the court finds by a preponderance of the evidence that the respondent poses a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, the court shall issue an extreme risk protective order for a period of one year.
   3.  In determining whether grounds for an extreme risk protective order exist, the court may consider any relevant evidence including but not limited to the following:
   a.  A recent act or threat of violence by the respondent against the respondent’s self or others, and whether such violence or threat involves a firearm.
   b.  A pattern of acts or threats of violence against the respondent’s self or others within the preceding twelve months of the filing of the petition.
   c.  Any serious mental impairment of the respondent.
   d.  Any violation of a no-contact order issued for violations or alleged violations of sections 708.2A, 708.2D, 708.7, 708.11, 709.2, 709.3, and 709.4, and any other public offense for which there is a victim.
   e.  Any violation of a protective order issued in a civil proceeding under chapter 232, 235F, 236, 236A, 598, or 915.
   f.  The issuance of a previous extreme risk protective order against the respondent under this chapter.
   g.  A violation of a previous extreme risk protective order issued against the respondent under this chapter.
   h.  A conviction of the respondent for a crime that constitutes domestic abuse assault in violation of section 708.2A.
   i.  The possession of or access to a firearm, or the intent to possess a firearm by the respondent. 
   j.  The unlawful or reckless use, display, or brandishing of a firearm by the respondent. 
   k.  Any history of use, attempted use, or threatened use of physical force by the respondent against another person, or the respondent’s history of stalking or harassing another person.
   l.  Any prior arrest of the respondent for a felony offense or violent crime.
   m.  Evidence of abuse of a controlled substance or alcohol by the respondent.
   n.  Evidence of recent acquisition of a firearm by the respondent.
   4.  The court may:
   a.  Examine under oath the plaintiff, the respondent, and any witnesses that the plaintiff or respondent produces, or in lieu of examination, consider affidavits of the plaintiff, the respondent, or any witnesses the plaintiff or respondent produces.
   b.  Ensure that a reasonable search has been conducted for criminal history records relating to the respondent.
   5.  During the hearing, the court may order a substance abuse evaluation.
   6.  An extreme risk protective order shall include all of the following:
   a.  A statement of the grounds supporting the issuance of the order.
   b.  The date and time the order was issued.
   c.  The date and time the order expires.
   d.  Whether a substance abuse evaluation is required.
   e.  Whether a responsive pleading may be filed.
   f.  A description of the firearms to be surrendered. 
   g.  The following statement in substantially the same form:
To the subject of this protective order: This order remains effective until the date and time noted above. If you have not done so already, you must surrender to the (insert the name of a local law enforcement agency with jurisdiction) all firearms in your possession, custody, or control and surrender any permit to carry weapons or permit to acquire in your possession to such agency. You shall not have in your possession a firearm or ship, transport, or receive, or attempt to ship, transport, or receive, such a firearm while this order is in effect. You have the right to request one hearing to terminate this order during each twelve-month period that this order is in effect, starting from the date of this order and continuing through any extension of the order. If the order requires a substance abuse evaluation, you must first obtain such evaluation and disclose the results of the evaluation to the court prior to requesting a hearing.

   7.  If a hearing is continued, the court may make or extend any order issued under subsection 2 that it deems necessary.
   8.  Upon the application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
   9.  The court shall advise the respondent of a right to be represented by counsel of the respondent’s choosing and to have a continuance to secure counsel.
   10.  If applicable, the court shall determine whether the respondent has had sufficient opportunity to surrender the respondent’s firearms after service of an emergency extreme risk protective order issued under section 664B.8.
   11.  Hearings shall be recorded.
    Sec. 14.  NEW SECTION.  664B.8  Emergency extreme risk protective order.
   1.  A plaintiff may request that an emergency extreme risk protective order be issued before a hearing for an extreme risk protective order under section 664B.7, without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms.
   2.  In considering whether to issue an emergency extreme risk protective order under this section, the court shall consider all relevant evidence described in section 664B.7, subsection 3.
   3.  If the court finds there is good cause to believe that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms, the court shall issue an emergency extreme risk protective order.
   4.  The court shall hold an emergency extreme risk protective order hearing in person or by telephone on the day the petition is filed. 
   5.  When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief under this section, if the district judge or district associate judge finds there is good cause to believe that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms.
   6.  An emergency extreme risk protective order shall include all of the following:
   a.  A statement of the grounds supporting the issuance of the order.
   b.  The date and time the order was issued.
   c.  The date and time the order expires.
   d.  Whether a responsive pleading may be filed.
   e.  A description of the firearms to be surrendered.
   f.  The date and time of the scheduled hearing.
   g.  The following statement in substantially the same form:
To the subject of this protective order: This order remains effective until the date and time noted above. If you have not done so already, you must immediately surrender to the (insert the name of a local law enforcement agency with jurisdiction) all firearms in your possession, custody, or control, and surrender any permit to carry weapons or permit to acquire in your possession to such agency. You shall not have in your possession a firearm or ship, transport, or receive, or attempt to ship, transport, or receive, such a firearm while this order is in effect. A hearing will be held on the date and time noted above to determine if an extreme risk protective order shall be issued. Failure to appear at that hearing may result in a court entering an extreme risk protective order against you that is valid for a period of one year. You may seek the advice of an attorney as to any matter connected with this order.

   7.  An emergency extreme risk protective order issued under this section shall expire upon the issuance of an extreme risk protective order under section 664B.7 or if the court determines at a hearing on the petition for an extreme risk protective order under section 664B.7 that the plaintiff has not proven by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms.
   8.  An emergency extreme risk protective order shall be served by the sheriff of any county in this state, a peace officer, or a corrections officer, in the same manner provided in section 664B.2 for the service of the notice and petition, and shall be served concurrently with such notice of hearing and petition, if possible. Alternatively, an emergency extreme risk protective order may be served using short-form notification pursuant to section 664B.3, and shall be served concurrently with the notice of hearing and petition, if possible.
    Sec. 15.  NEW SECTION.  664B.9  Notice of extreme risk protective order or emergency extreme risk protective order.
   1.  The clerk of the district court or other person designated by the court shall provide a copy of the extreme risk protective order or the emergency extreme risk protective order to the plaintiff.
   2.  The clerk of the district court shall provide a notice and copy of the protective order to the appropriate law enforcement agencies and the twenty-four-hour dispatcher for the law enforcement agencies in the same manner as provided in section 235F.6, 236.5, or 236A.7, as applicable. The clerk of the district court shall provide a notice and copy of a termination or extension of the protective order in the same manner.
    Sec. 16.  NEW SECTION.  664B.10  Termination or extension of order.
   1.  The respondent may request a hearing to terminate an extreme risk protective order issued under this chapter during the twelve-month period that the order is in effect, starting from the date of the order and continuing through any extensions.
   a.  Upon receipt of a request for a hearing to terminate an extreme risk protective order, the court shall set a date for a hearing. Notice of the request shall be served on the plaintiff. The hearing shall occur no sooner than fourteen days and no later than thirty days from the date of service of the request upon the plaintiff.
   b.  The respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms.
   c.  If the court finds after the hearing that the respondent has met the burden of proof, the court shall terminate the extreme risk protective order.
   2.  A family member may, by motion, request an extension of an extreme risk protective order within ninety days of the expiration of the order.
   a.  Upon receipt of a motion to extend an extreme risk protective order, the court shall order the hearing be held no earlier than fourteen days from the date of the motion.
   b.  In considering whether to extend the extreme risk protective order under this section, the court shall consider all relevant evidence described in section 664B.7, subsection 3.
   c.  If the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protective order continue to be met, the court shall extend the order. However, if, after notice, the motion to extend is uncontested and the plaintiff does not seek a modification of the existing order, the order may be extended on the basis of the plaintiff’s motion or affidavit stating that there has been no material change in relevant circumstances since entry of the protective order.
    Sec. 17.  NEW SECTION.  664B.11  Firearms and firearm permits —— surrender.
   1.  Upon the issuance of an extreme risk protective order or an emergency extreme risk protective order, the court shall order the respondent to immediately surrender to the law enforcement agency named in the protective order all firearms possessed by the respondent and any permit to carry weapons or permit to acquire possessed by the respondent within forty-eight hours of service of the order or within forty-eight hours of a hearing held pursuant to section 664B.7 at which the respondent was present and an order was subsequently issued.
   2.  At the time of surrendering any firearms, a law enforcement officer taking possession of any firearms shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. Within seventy-two hours after service of the order the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency retains a copy of the receipt. 
   3.  Upon a sworn statement or testimony of the plaintiff or of any law enforcement officer alleging that the respondent has failed to comply with the surrender of firearms and permits as required by any order issued under this section, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or permits in the possession of the respondent. If probable cause exists, the court shall issue a search warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered in the search. 
   4.  If a person other than the respondent claims to own any of the firearms seized or surrendered pursuant to this chapter, and the law enforcement agency where the firearms are stored determines that person to be the lawful owner of the firearms, the firearms shall be returned to the lawful owner if the lawful owner agrees to store the firearms in such a manner that prevents the respondent from having access to the firearms during the time an extreme risk protective order or emergency extreme risk protective order is in effect.
    Sec. 18.  NEW SECTION.  664B.12  Firearm surrender —— hearing.
   Upon the issuance of an extreme risk protective order, the court shall order a new hearing within three business days of the issuance of the order that requires the respondent to provide evidence to the court that the respondent has surrendered any firearms in the possession of the respondent. The court may dismiss the hearing upon a satisfactory showing that the respondent has complied with the order. 
    Sec. 19.  NEW SECTION.  664B.13  Firearms —— storage.
   All law enforcement agencies shall develop policies and procedures by June 1, 2027, regarding the acceptance, storage, and return of firearms surrendered to a law enforcement agency under this chapter.
    Sec. 20.  NEW SECTION.  664B.14  Return of firearms and unclaimed firearms.
   1.  If an extreme risk protective order is terminated or expires without an extension, the law enforcement agency in possession of any firearms surrendered by a respondent shall return any such firearms upon request of the respondent, provided the respondent is eligible to possess a firearm.
   2.  Notwithstanding section 809.21, for firearms that remain unclaimed by the lawful owner, the firearms shall be destroyed pursuant to 661 IAC 95.8. 
    Sec. 21.  NEW SECTION.  664B.15  Penalties.
   1.  A person who files a petition under this chapter knowing the information in the petition to be materially false commits a serious misdemeanor. 
   2.  A respondent who possesses a firearm or who ships, transports, or receives, or attempts to ship, transport, or receive, a firearm while an extreme risk protective order or emergency extreme risk protective order is in effect commits an aggravated misdemeanor.
   3.  A person who claims ownership of a firearm pursuant to section 664B.11, subsection 4, who agrees to store the firearm in such a manner that prevents a respondent from having access to the firearm commits a serious misdemeanor if the respondent is later found to have access to the firearm that is subject to the agreement while an extreme risk protective order is in effect. 
   4.  A respondent who violates subsection 2 shall be prohibited from possessing, shipping, transporting, or receiving a firearm for a period of five years from the date of the conviction.
    Sec. 22.  Section 724.8, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  7.  Is subject to an extreme risk protective order or an emergency extreme risk protective order issued under chapter 664B.
   NEW SUBSECTION.  8.  Has been convicted of a violation of section 664B.15, subsection 2, within the previous five years.
    Sec. 23.  Section 724.15, subsection 2, Code 2026, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  f.  Is subject to an extreme risk protective order or an emergency extreme risk protective order issued under chapter 664B.
   NEW PARAGRAPH.  g.  Has been convicted of a violation of section 664B.15, subsection 2, within the previous five years.
    Sec. 24.  Section 724.26, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  Except as provided in paragraph “b”, a person who is subject to a protective order under 18 U.S.C. §922(g)(8) or who has been convicted of a misdemeanor crime of domestic violence under 18 U.S.C. §922(g)(9) and who knowingly possesses, ships, transports, or receives a firearm, offensive weapon, or ammunition and who is any of the following is guilty of a class “D” felony.:
   (1)  Is subject to a protective order under 18 U.S.C. §922(g)(8).
   (2)  Has been convicted of a misdemeanor crime of domestic violence under 18 U.S.C. §922(g)(9).
   (3)  Is subject to an extreme risk protective order under chapter 664B.
DIVISION VI
MENTAL HEALTH FUNDING

    Sec. 25.  NEW SECTION.  225E.1  Mental health firearm safety fund.
   1.  A mental health firearm safety fund is created in the state treasury under the control of the department of health and human services and shall consist of any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department for placement in the fund. Moneys in the fund shall be used to award grants to organizations or coalitions of organizations for any of the following purposes:
   a.  To train staff at a firearms retailer or a firearm range on how to recognize signs that a person may be considering suicide.
   b.  To provide suicide prevention materials for distribution at a firearms retailer or a firearm range.
   c.  To provide voluntary, temporary firearm storage for the lawful owner of a firearm who is or may be experiencing a mental health emergency.
   2.  A grant awarded pursuant to this section shall not exceed five thousand dollars per recipient organization per fiscal year.
   3.  In awarding grants pursuant to subsection 1, the department shall give preference to organizations or coalitions of organizations that have not previously received a grant under this section.
   4.  For purposes of this section, “organization” means any of the following:
   a.  A county.
   b.  A city.
   c.  An Indian tribe as that term is defined in 25 U.S.C. §5304, including any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe.
DIVISION VII
FIREARM SALES ON COMMERCIAL PREMISES

    Sec. 26.  Section 724.16, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  A person shall not transfer or offer to transfer a firearm to another person unless either person is a licensed firearm dealer, as defined in section 724.29A, and the transfer occurs on a commercial premises regularly selling or offering for sale firearms on a wholesale or retail basis.
   NEW SUBSECTION.  4.  For purposes of this section, “commercial premises” means a permanent installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise are stored or offered for sale on a wholesale or retail basis and that is regularly opened to the public.
    Sec. 27.  Section 724.29A, subsection 1, paragraph d, Code 2026, is amended by striking the paragraph.
    Sec. 28.  Section 724.29A, subsections 2 and 3, Code 2026, are amended to read as follows:
   2.  A person who knowingly solicits, persuades, encourages, or entices a licensed firearms dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances that the person knows would violate the laws of this state or of the United States commits a class “D” felony.
   3.  A person who knowingly provides materially false information to a licensed firearms dealer or private seller of firearms or ammunition with the intent to deceive the firearms dealer or seller about the legality of a transfer of a firearm or ammunition commits a class “D” felony.
DIVISION VIII
HATE CRIMES —— POLITICAL AFFILIATION

    Sec. 29.  Section 729A.2, Code 2026, is amended to read as follows:
   729A.2  Violation of individual rights —— hate crime —— enhanced penalties.
   1.  “Hate crime” means one of the following public offenses when committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability:
   1.  a.  Assault in violation of individual rights under section 708.2C.
   2.  b.  Violations of individual rights under section 712.9.
   3.  c.  Criminal mischief in violation of individual rights under section 716.6A.
   4.  d.  Trespass in violation of individual rights under section 716.8, subsections 3 and 4.
   2.  A hate crime committed because of a person’s political affiliation shall be classified and punished as an offense one degree higher than the underlying offense.
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, including background checks for acquiring pistols or revolvers, identification markings on firearms and firearm parts, trigger locks, extreme risk protective orders, mental health funding, certain firearm transfers, and certain related crimes.
   DIVISION I —— TITLE. The bill is titled and may be cited as the “Charlie Kirk and Melissa Hortman Firearm Regulation Act”.
   DIVISION II —— BACKGROUND CHECKS. Current law provides that an unlicensed person acquiring a pistol or revolver from a federally licensed firearms dealer is required to have a valid permit to acquire or a valid permit to carry weapons issued under the provisions of Code chapter 724 or the person must complete a satisfactory national instant criminal background check pursuant to 18 U.S.C. §922(t).
   The bill provides that in order for any person to acquire a pistol or revolver from any other person, and in order to provide proof of a background check and notify that the purchaser is of legal age, a person is required to have a valid permit to acquire or a valid permit to carry weapons issued under the provisions of Code chapter 724 or the person must complete a satisfactory national instant criminal background check pursuant to 18 U.S.C. §922(t).
   DIVISION III —— FIREARM IDENTIFICATION. The bill requires the department of public safety (DPS), in consultation with the bureau of alcohol, tobacco, firearms, and explosives as necessary, by December 1, 2026, to develop and maintain a system to distribute a unique serial number or other mark of identification for a firearm or unfinished frame or lower receiver intended to be a part of a firearm to any person requesting such number or mark. The bill prohibits a person from removing, defacing, altering, or obliterating the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name.
   The bill prohibits a person from completing the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from DPS and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with federal requirements. The bill prohibits a person from transferring to another person a firearm manufactured in violation of the bill or facilitating, aiding, or abetting the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing.
   The prohibitions relating to the manufacture or transfer of firearms that do not have a proper identifying mark do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed; to the manufacture of firearms by a federally licensed firearms manufacturer; to any antique firearm or any firearm manufactured prior to the effective date of the bill, provided such firearm is otherwise lawfully possessed; or to the delivery or transfer of a firearm to a law enforcement agency.
   The bill prohibits a person from selling, delivering, or otherwise transferring an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the bill. Beginning December 1, 2026, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law. These provisions do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between a federally licensed firearms manufacturer and a federally licensed firearms dealer, a federally licensed firearms importer and a federally licensed firearms dealer, or multiple federally licensed firearms dealers.
   The bill prohibits a person from manufacturing any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar.
   Generally, a person who violates a provision of the bill commits a class “C” felony. However, a person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of the bill knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony. Any firearm or unfinished frame or lower receiver possessed in violation of the bill shall be forfeited to DPS.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than 25 years.
   DIVISION IV —— SAFE STORAGE. The bill establishes a public safety trigger lock fund in the state treasury under the control of DPS. DPS may receive and accept donations, grants, loans, and contributions from any public or private source for deposit into the trust fund for the purpose of providing free trigger locks to firearms owners. DPS shall work with law enforcement agencies of the state, local governments, and other local entities and nonprofit organizations to provide trigger locks at no cost to firearms owners in the state.
   Current law prohibits any person from storing or leaving a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of 14 years, if such person knows or has reason to believe that a minor under the age of 14 years is likely to gain access to the firearm, the minor lawfully gains access to the firearm without the consent of the minor’s parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person.
   The bill prohibits any person from storing or leaving a loaded or unloaded firearm that is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location that a reasonable person would believe to be secure from a minor under the age of 18 years, if such person knows or has reason to believe that a minor under the age of 18 years is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, and the minor lawfully gains access to the firearm without the consent of the minor’s parent, guardian, or person having charge of the minor.
   A violation of the bill is punishable as a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   DIVISION V —— EXTREME RISK PROTECTIVE ORDERS. For purposes of this division, the bill defines “family member” to mean a spouse, person cohabiting, a parent, or other person related by consanguinity or affinity. “Firearm” includes ammunition and any offensive weapon as that term is defined in Code section 724.1. “Possession” includes ownership, custody, or control. “Plaintiff” means a family member, a person with whom the respondent is having an intimate relationship with, or a peace officer. “Intimate relationship” means the same as defined in Code section 235E.1.
   Under the bill, a plaintiff may file a petition in district court requesting an extreme risk protective order stating that the subject of the extreme risk protective petition (respondent) presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. The bill requires the petition to contain an affidavit stating the specific facts that give rise to the reasons the respondent presents a significant danger to the respondent’s self or others; the location, type, and number of firearms the plaintiff believes are possessed by the respondent; whether the respondent is subject to a current protective order or no-contact order; and whether any legal proceedings are pending between the plaintiff and respondent. 
   In lieu of personal service of an extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer in this state to serve the respondent with a short-form notification to effectuate service of an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties.
   The bill requires the department of justice to prescribe standard forms to be used by a plaintiff proceeding pro se when filing an extreme risk protective order petition.
   The bill permits a county attorney’s office to provide assistance to a plaintiff wishing to initiate the filing of an extreme risk protective order petition or to a plaintiff at any stage of a proceeding under the bill, if the plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. 
   The bill permits the plaintiff to use an alternate mailing address for the purposes of filing a petition for an extreme risk protective order including the mailing address of a shelter or other agency, a public or private post office box, or any other mailing address with permission of the resident of that address.
   The bill requires that hearing on the petition for an extreme risk protective order shall occur not less than five but no more than 15 days after commencing the proceeding and after notice to the respondent. 
   The bill provides that upon hearing on the petition, if the court finds by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, the court shall issue an extreme risk protective order for a period of one year. In determining whether grounds for an extreme risk protective order exist, the court may consider any relevant evidence including but not limited to the following: a recent act or threat of violence by the respondent against the respondent’s self or others; a pattern of acts or threats of violence against the respondent’s self or others by the respondent within the preceding twelve months of the filing of the petition; any serious mental impairment of the respondent; any previous violations of no-contact orders or protective orders by the respondent; a previous issuance of an extreme risk protective order issued against the respondent; a previous domestic abuse assault conviction; the possession of a firearm or the reckless use, display, or brandishing of a firearm by the respondent; any history of use of physical force by the respondent against another person; any prior criminal history of the respondent; and evidence of abuse of a controlled substance or alcohol by the respondent.
   The bill allows a plaintiff to request an emergency extreme risk protective order, without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. If the court finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms, the court shall issue an emergency extreme risk protective order. 
   The court shall hold an emergency extreme risk protective order hearing in person or by telephone on the day the petition is filed. 
   When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, the bill provides that a petition for an extreme risk protective order may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief, if the district judge or district associate judge finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. 
   The emergency extreme risk protective order shall be in effect until the issuance of an extreme risk protective order after a hearing on the petition for an extreme risk protective order or the court determines at the hearing on the petition that the plaintiff has not proven by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms.
   In lieu of personal service of an emergency extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer to serve the respondent with a short-form notification to effectuate the service on an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by the sheriff, peace officer, or corrections officer.
   Under the bill, the respondent may submit a request for a hearing to terminate an extreme risk protective order during each 12-month period that the order is in effect, beginning from the date of the order and continuing through any extensions. The bill provides that the respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not present a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms.
   An extreme risk protective order may be extended under the bill. A family member may by motion request an extension of an extreme risk protective order within 90 days of the expiration of the order. The bill provides that if the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protective order continue to be met, the court shall extend the order.
   Upon the issuance of an extreme risk protective order or an emergency extreme risk protective order, the bill provides that the court shall order the respondent to immediately surrender to the law enforcement agency named in the protective order all firearms possessed by the respondent and any permit to carry weapons or permit to acquire possessed by the respondent within 48 hours of being served with the order or within 48 hours of the end of the hearing on the petition at which the respondent was present and an order was subsequently issued.
   The bill requires that at the time of surrendering any firearms, a peace officer taking possession of any firearms shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent.
   Upon a sworn statement or testimony of the petitioner or of any peace officer alleging that the respondent has failed to comply with the surrender of firearms and permits as required by any order, the bill requires the court to determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or permits in the possession of the respondent. If probable cause exists, the bill requires the court to issue a search warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered in the search. 
   If a person other than the respondent claims to own any of the firearms seized or surrendered pursuant to the bill and the law enforcement agency where the firearms are stored determines the person to be the lawful owner of the firearms, the firearms shall be returned to the lawful owner if the lawful owner agrees to store the firearms in such a manner that prevents the respondent from having access to the firearms during the time an extreme risk protective order or emergency extreme risk protective order is in effect. Under the bill, the lawful owner commits a serious misdemeanor if the respondent is later found to have access to the firearms while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent.
   Upon the issuance of an extreme risk protective order, the bill requires the court to order a new hearing within three business days of the issuance of the extreme risk protective order that requires the respondent to provide evidence to the court that the respondent has surrendered any firearms in the possession of the respondent. The court may dismiss the hearing upon a satisfactory showing that the respondent has complied with the extreme risk protective order.
   All law enforcement agencies must develop policies and procedures by June 1, 2027, regarding the acceptance, storage, and return of firearms surrendered to a law enforcement agency under the bill.
   Under the bill, if an extreme risk protective order is terminated or expires without an extension, the law enforcement agency holding any firearms surrendered by the respondent shall return any firearms to the respondent upon request of the respondent, provided the respondent is eligible to possess a firearm.
   Notwithstanding Code section 809.21 (sale of certain ammunition and firearms), for firearms that remain unclaimed by the lawful owner, the firearms shall be destroyed pursuant to 661 IAC 95.8.
   The bill provides that a respondent shall not be eligible to obtain a permit to carry weapons or a permit to acquire pistols or revolvers while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent. 
   The bill provides that a plaintiff who files a petition for an extreme risk protective order knowing the information in the petition to be materially false commits a serious misdemeanor.
   The bill provides that a respondent who possesses a firearm or who ships, transports, or receives, or attempts to ship, transport, or receive, such a firearm while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent commits an aggravated misdemeanor. A respondent who violates this provision shall be prohibited from possessing, shipping, transporting, or receiving a firearm for a period of five years from the date of the conviction. If during the five-year prohibition period the respondent knowingly has under the respondent’s dominion and control or possession or ships, transports, or receives, or causes to be shipped, transported, or received, a firearm, the respondent commits a class “D” felony.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   DIVISION VI —— MENTAL HEALTH FUNDING. The bill establishes a mental health firearm safety fund (fund) under the control of the department of health and human services (HHS) to be funded with moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by HHS for placement in the fund.
   The bill allows HHS to use moneys in the fund to award grants to organizations for the purposes of training staff at a firearms retailer or a firearm range on how to recognize signs that a person may be considering suicide; providing suicide prevention materials for distribution at a firearms retailer or a firearm range; or providing voluntary, temporary firearm storage for the lawful owner of a firearm who is or may be experiencing a mental health emergency.
   The bill limits annual awards from the fund to $5,000 per recipient organization per fiscal year.
   The bill requires HHS, when awarding grants from the fund, to give preference to organizations or coalitions of organizations that have not previously received a grant from the fund.
   The bill defines “organization” as a county; a city; or an Indian tribe as defined in 25 U.S.C. §5304, including any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe.
   DIVISION VII —— FIREARM SALES ON COMMERCIAL PREMISES. The bill prohibits the transfer of firearms unless the transfer is done by a licensed firearms dealer on a commercial premises regularly selling or offering for sale firearms on a wholesale or retail basis, and makes conforming changes. The bill defines “commercial premises” as a permanent installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise are stored or offered for sale on a wholesale or retail basis and is regularly opened to the public.
   A person in violation of the transfer prohibition is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   DIVISION VIII —— HATE CRIMES —— POLITICAL AFFILIATION. The bill provides that an enumerated public offense committed against a person or person’s property because of the person’s political affiliation is classified and punished as an offense one degree higher than the underlying offense.