Senate File 2357 - Reprinted SENATE FILE 2357 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1033) (As Amended and Passed by the Senate February 25, 2010 ) A BILL FOR An Act relating to prohibiting a person who is the subject of 1 a no-contact order or a protective order or who has been 2 convicted of a misdemeanor crime of domestic violence from 3 possessing, transferring, or selling firearms and ammunition 4 or offensive weapons and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2357 (5) 83 rh/rj

S.F. 2357 Section 1. Section 236.4, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. The court may enter any temporary order it deems 3 necessary to protect the plaintiff from domestic abuse prior to 4 the hearing, upon good cause shown in an ex parte proceeding. 5 Present danger of domestic abuse to the plaintiff constitutes 6 good cause for purposes of this subsection. A temporary order 7 issued pursuant to this subsection shall specifically include 8 notice that the person may be required to relinquish all 9 firearms, offensive weapons, and ammunition upon the issuance 10 of a permanent order pursuant to section 236.5. 11 Sec. 2. Section 236.5, subsection 1, paragraph b, Code 12 Supplement 2009, is amended by adding the following new 13 subparagraph: 14 NEW SUBPARAGRAPH . (02) That the defendant not knowingly 15 possess, ship, transport, or receive firearms, offensive 16 weapons, and ammunition in violation of section 724.26, 17 subsection 2. 18 Sec. 3. Section 664A.3, Code 2009, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 6. A no-contact order issued pursuant to 21 this section shall specifically include notice that the person 22 may be required to relinquish all firearms, offensive weapons, 23 and ammunition upon the issuance of a permanent no-contact 24 order pursuant to section 664A.5. 25 Sec. 4. Section 724.26, Code 2009, is amended to read as 26 follows: 27 724.26 Possession, receipt, transportation, or dominion and 28 control of firearms , and offensive weapons , and ammunition by 29 felons and others . 30 1. A person who is convicted of a felony in a state or 31 federal court, or who is adjudicated delinquent on the basis 32 of conduct that would constitute a felony if committed by an 33 adult, and who knowingly has under the person’s dominion and 34 control or possession, receives, or transports or causes to be 35 -1- SF 2357 (5) 83 rh/rj 1/ 3

S.F. 2357 transported a firearm or offensive weapon is guilty of a class 1 “D” felony. 2 2. A person who is subject to a protective order under 18 3 U.S.C. § 922(g)(8) or who has been convicted of a misdemeanor 4 crime of domestic violence under 18 U.S.C. § 922(g)(9) and who 5 knowingly possesses, ships, transports, or receives a firearm, 6 offensive weapon, or ammunition is guilty of a class “D” 7 felony. 8 3. Upon the issuance of a protective order or entry of a 9 judgment of conviction described in subsection 2, the court 10 shall inform the person who is the subject of such order or 11 conviction that the person shall not possess, ship, transport, 12 or receive a firearm, offensive weapon, or ammunition while 13 such order is in effect or until such conviction is vacated or 14 until the person’s rights have been restored in accordance with 15 section 724.27. 16 4. Except as provided in section 809A.17, subsection 5, 17 paragraph “b” , a court that issues an order or that enters 18 a judgment of conviction described in subsection 2 and 19 that finds the subject of the order or conviction to be in 20 possession of any firearm, offensive weapon, or ammunition 21 shall order that such firearm, offensive weapon, or ammunition 22 be sold or transferred by a date certain to the custody of a 23 qualified person in this state, as determined by the court. 24 The qualified person must be able to lawfully possess such 25 firearm, offensive weapon, or ammunition in this state. If 26 the court is unable to identify a qualified person to receive 27 such firearm, offensive weapon, or ammunition, the court 28 shall order that the firearm, offensive weapon, or ammunition 29 be transferred by a date certain to the county sheriff or 30 a local law enforcement agency designated by the court for 31 safekeeping until a qualified person is identified to receive 32 the firearm, offensive weapon, or ammunition, until such order 33 is no longer in effect, until such conviction is vacated, or 34 until the person’s rights have been restored in accordance 35 -2- SF 2357 (5) 83 rh/rj 2/ 3

S.F. 2357 with section 724.27. If the firearm, offensive weapon, or 1 ammunition is to be transferred to the sheriff’s office or a 2 local law enforcement agency, the court shall assess the person 3 the reasonable cost of storing the firearm, offensive weapon, 4 or ammunition, payable to the county sheriff or the local law 5 enforcement agency. 6 5. Upon entry of an order described in subsection 2, the 7 court shall enter the name, address, date of birth, driver’s 8 license number, or other identifying information of the person 9 subject to the order into the Iowa criminal justice information 10 system, the reason for the order, and the date by which the 11 person is required to comply with any relinquishment order 12 issued under subsection 4. At the time such order is no longer 13 in effect, such information relating to the prohibition in 14 subsection 3 shall be deleted from the Iowa criminal justice 15 information system. 16 6. If a firearm, offensive weapon, or ammunition has been 17 transferred to a qualified person pursuant to subsection 4 and 18 the protective order described in subsection 2 is no longer in 19 effect, the firearm, offensive weapon, or ammunition shall be 20 returned to the person who was subject to the protective order 21 within five days of that person’s request to have the firearm, 22 offensive weapon, or ammunition returned. 23 -3- SF 2357 (5) 83 rh/rj 3/ 3