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House File 149 - IntroducedA Bill ForAn Act 1relating to the creation of an extreme risk protective
2order against a person in possession of a firearm who
3presents a significant danger to the person’s self or
4others, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.1, subsection 2, Code 2019, is
2amended to read as follows:
32. a. “Protective order” means a protective order issued
4pursuant to chapter 232, a court order or court-approved
5consent agreement entered pursuant to this chapter or chapter
6235F, a court order or court-approved consent agreement entered
7pursuant to chapter 236 or 236A, including a valid foreign
8protective order under section 236.19, subsection 3, or section
9236A.19, subsection 3, a temporary or permanent protective
10order or order to vacate the homestead under chapter 598, or an
11order that establishes conditions of release or is a protective
12order or sentencing order in a criminal prosecution arising
13from a domestic abuse assault under section 708.2A, or a civil
14injunction issued pursuant to section 915.22.
15b. “Protective order” does not include a protective order
16issued pursuant to chapter 664B.
17 Sec. 2. NEW SECTION. 664B.1 Definitions.
18As used in this chapter unless the context otherwise
19requires:
201. “Affidavit” means a written declaration or statement of
21fact made under oath, or legally sufficient affirmation, before
22any person authorized to administer oaths within or without the
23state.
242. “Family member” means a spouse, person cohabiting, a
25parent, or other person related by consanguinity or affinity.
263. “Firearm” includes ammunition and any offensive weapon.
274. “Intimate relationship” means the same as defined in
28section 235E.1.
295. “Plaintiff” means a family member, a person with whom the
30respondent is having an intimate relationship with, or a peace
31officer who files a petition under this chapter.
326. “Possession” includes ownership, custody, or control.
337. “Respondent” means a person against whom a protective
34order is filed under this chapter.
35 Sec. 3. NEW SECTION. 664B.2 Extreme risk protective order
-1-1— petition.
21. A plaintiff may file a petition in the district court
3requesting an extreme risk protective order. Venue shall lie
4in the county where either party resides. The petition shall
5contain all of the following:
6a. Name of the plaintiff and the name and address of the
7plaintiff’s attorney, if any. If the plaintiff is proceeding
8pro se, the petition shall state a mailing address for the
9plaintiff. A mailing address may be provided by the plaintiff
10pursuant to section 664B.6.
11b. A statement of facts alleging the respondent presents
12a significant danger to the respondent’s self or others by
13possessing, shipping, transporting, or receiving firearms
14accompanied by an affidavit stating the specific statements,
15actions, or facts that give rise to the reasons the respondent
16presents a significant danger to the respondent’s self or
17others by possessing, shipping, transporting, or receiving
18firearms.
19c. The location, type, and number of firearms the plaintiff
20believes are possessed by the respondent.
21d. Whether the respondent is subject to a current protective
22order or a no-contact order.
23e. Whether any legal proceeding is pending between the
24plaintiff and respondent, and if so, the nature of the legal
25proceeding.
26f. Desired relief, including a request for temporary or
27emergency orders.
282. The filing fee and court costs for an extreme risk
29protective order shall be waived for the plaintiff.
303. The clerk of the district court, the sheriff of any
31county in this state, or any peace officer, or corrections
32officer shall perform their duties relating to service of
33process without charge to the plaintiff. When an order for
34an extreme risk protective is entered by the court, the court
35may direct the respondent to pay to the clerk of court the
-2-1fees for the filing of the petition and reasonable costs of
2service of process if the court determines the respondent has
3the ability to pay the plaintiff’s fees and costs. In lieu of
4personal service of a protective order issued pursuant to this
5section, the sheriff of any county in this state, and other law
6enforcement and corrections officers may serve a respondent
7with a short-form notification pursuant to section 664B.3.
8 Sec. 4. NEW SECTION. 664B.3 Short-form notification.
91. In lieu of personal service of an extreme risk protective
10order or an emergency extreme risk protective order on a
11respondent whose firearms are to be surrendered by such an
12order, a sheriff of any county in this state or any peace
13officer or corrections officer in this state may serve the
14respondent with a short-form notification pursuant to this
15section to effectuate service of an unserved order.
162. Service of a short-form notification under this section
17shall be allowed during traffic stops and other contacts with
18the respondent by a sheriff, peace officer, or corrections
19officer in this state in the course of performing official
20duties. The respondent may be detained for a reasonable period
21of time to complete the short-form notification process.
223. When the short-form notification process is complete,
23the sheriff, peace officer, or corrections officer serving the
24notification shall file a copy of the notification with the
25clerk of the district court. The filing shall indicate the
26date and time the notification was served on the respondent.
274. The short-form notification shall be on a form
28prescribed by the state court administrator. The state court
29administrator shall prescribe rules relating to the content
30and distribution of the form to appropriate law enforcement
31agencies in this state. The form shall include but not be
32limited to all of the following statements:
33a. The respondent shall immediately surrender all firearms
34in the respondent’s possession and any permit to carry weapons
35or permit to acquire in the possession of the respondent.
-3- 1b. The respondent is responsible for obtaining a full copy
2of the extreme risk protective order or emergency extreme risk
3protective order from the county sheriff of the county in which
4the order was entered or from the clerk of the district court.
5c. The terms and conditions of the extreme risk protective
6order or emergency extreme risk protective order are
7enforceable, and the respondent is subject to arrest for
8violating the protective order.
9 Sec. 5. NEW SECTION. 664B.4 Plaintiffs proceeding pro se —
10provision of forms and assistance.
111. The department of justice shall prescribe standard forms
12to be used by a plaintiff proceeding pro se when filing a
13petition under this chapter. The standard forms shall include
14language in fourteen point boldface type. Standard forms
15prescribed by the department shall be the exclusive forms used
16by a plaintiff proceeding pro se, and may be used by other
17plaintiffs. The department shall distribute the forms to the
18clerks of the district courts.
192. The clerk of the district court shall furnish the
20required forms to plaintiffs seeking an extreme risk protective
21order through pro se proceedings pursuant to this chapter.
22 Sec. 6. NEW SECTION. 664B.5 Assistance by county attorney.
23A county attorney’s office may provide assistance to a
24plaintiff wishing to initiate proceedings pursuant to this
25chapter or to a plaintiff at any stage of a proceeding under
26this chapter, if the plaintiff does not have sufficient funds
27to pay for legal assistance and if the assistance does not
28create a conflict of interest for the county attorney’s office.
29The assistance provided may include, but is not limited to,
30assistance in obtaining or completing forms, filing a petition
31or other necessary pleading, presenting evidence to the court,
32and enforcing the orders of the court entered pursuant to this
33chapter. Providing assistance pursuant to this section shall
34not be considered the private practice of law for the purposes
35of section 331.752.
-4-1 Sec. 7. NEW SECTION. 664B.6 Plaintiff’s address —
2confidentiality of records.
31. A plaintiff may use any of the following addresses as a
4mailing address for purposes of filing a petition under this
5chapter:
6a. The mailing address of a shelter or other agency.
7b. A public or private post office box.
8c. Any other mailing address, with the permission of the
9resident of that address.
102. A plaintiff shall report any change of address, whether
11designated according to subsection 1 or otherwise, to the clerk
12of the district court no more than five days after the previous
13address on record becomes invalid.
143. The entire file or a portion of the file under this
15chapter shall be sealed by the clerk of the district court as
16ordered by the court to protect the privacy interest or safety
17of any person.
184. Notwithstanding subsection 3, court orders shall remain
19public records, although the court may order that address and
20location information be redacted from the public records.
21 Sec. 8. NEW SECTION. 664B.7 Hearing.
221. Not less than five and not more than fifteen days after
23commencing a proceeding and upon notice to the other party,
24a hearing shall be held at which the plaintiff must prove by
25a preponderance of the evidence that the respondent presents
26a significant danger to the respondent’s self or others by
27possessing, shipping, transporting, or receiving firearms.
282. Upon hearing, if the court finds by a preponderance of
29the evidence that the respondent poses a significant danger
30to the respondent’s self or others by possessing, shipping,
31transporting, or receiving firearms, the court shall issue an
32extreme risk protective order for a period of one year.
333. In determining whether grounds for an extreme risk
34protective order exist, the court may consider any relevant
35evidence including but not limited to the following:
-5- 1a. A recent act or threat of violence by the respondent
2against the respondent’s self or others, and whether such
3violence or threat involves a firearm.
4b. A pattern of acts or threats of violence against the
5respondent’s self or others within the preceding twelve months
6of the filing of the petition.
7c. Any serious mental impairment of the respondent.
8d. Any violation of a no-contact order issued for violations
9or alleged violations of sections 708.2A, 708.7, 708.11, 709.2,
10709.3, and 709.4, and any other public offense for which there
11is a victim.
12e. Any violation of a protective order issued in a civil
13proceeding under chapter 232, 235F, 236, 236A, 598, or 915.
14f. The issuance of a previous extreme risk protective order
15against the respondent under this chapter.
16g. A violation of a previous extreme risk protective order
17issued against the respondent under this chapter.
18h. A conviction of the respondent for a crime that
19constitutes domestic abuse assault in violation of section
20708.2A.
21i. The possession of or access to a firearm, or the intent
22to possess a firearm by the respondent.
23j. The unlawful or reckless use, display, or brandishing of
24a firearm by the respondent.
25k. Any history of use, attempted use, or threatened use of
26physical force by the respondent against another person, or the
27respondent’s history of stalking or harassing another person.
28l. Any prior arrest of the respondent for a felony offense
29or violent crime.
30m. Evidence of abuse of a controlled substance or alcohol
31by the respondent.
32n. Evidence of recent acquisition of a firearm by the
33respondent.
344. The court may:
35a. Examine under oath the plaintiff, the respondent, and
-6-1any witnesses that the plaintiff or respondent produces, or
2in lieu of examination, consider affidavits of the plaintiff,
3the respondent, or any witnesses the plaintiff or respondent
4produces.
5b. Ensure that a reasonable search has been conducted for
6criminal history records relating to the respondent.
75. During the hearing, the court may order a substance abuse
8evaluation.
96. An extreme risk protective order shall include all of the
10following:
11a. A statement of the grounds supporting the issuance of the
12order.
13b. The date and time the order was issued.
14c. The date and time the order expires.
15d. Whether a substance abuse evaluation is required.
16e. Whether a responsive pleading may be filed.
17f. A description of the firearms to be surrendered.
18g. An extreme risk protective order shall contain the
19following statement:
20To the subject of this protective order: This order remains
21effective until the date and time noted above. If you have not
22done so already, you must surrender to the (insert the name of
23a local law enforcement agency with jurisdiction) all firearms
24in your possession, custody, or control and surrender any
25permit to carry weapons or permit to acquire in your possession
26to such agency. You shall not have in your possession a
27firearm, or ship, transport, or receive, or attempt to ship,
28transport, or receive such a firearm while this order is in
29effect. You have the right to request one hearing to terminate
30this order during each twelve-month period that this order is
31in effect, starting from the date of this order and continuing
32through any extension of the order. If the order requires
33a substance abuse evaluation, you must first obtain such
34evaluation and disclose the results of the evaluation to the
35court prior to requesting a hearing.
-7- 17. If a hearing is continued, the court may make or extend
2any order issued under subsection 2 that it deems necessary.
38. Upon the application of a party, the court shall issue
4subpoenas requiring attendance and testimony of witnesses and
5production of papers.
69. The court shall advise the respondent of a right to be
7represented by counsel of the respondent’s choosing and to have
8a continuance to secure counsel.
910. If applicable, the court shall determine whether the
10respondent has had sufficient opportunity to surrender the
11respondent’s firearms after service of an emergency extreme
12risk protective order issued under section 664B.8.
1311. Hearings shall be recorded.
14 Sec. 9. NEW SECTION. 664B.8 Emergency extreme risk
15protective order.
161. A plaintiff may request that an emergency extreme risk
17protective order be issued before a hearing for an extreme
18risk protective order under section 664B.7, without notice
19to the respondent, by including in the petition detailed
20allegations based on personal knowledge that the respondent
21poses a significant danger to the respondent’s self or others,
22in the near future, by possessing, shipping, transporting, or
23receiving firearms.
242. In considering whether to issue an emergency extreme risk
25protective order under this section, the court shall consider
26all relevant evidence described in section 664B.7, subsection
273.
283. If the court finds there is good cause to believe that
29the respondent poses a significant danger to the respondent’s
30self or others, in the near future, by possessing, shipping,
31transporting, or receiving firearms, the court shall issue an
32emergency extreme risk protective order.
334. The court shall hold an emergency extreme risk protective
34order hearing in person or by telephone on the day the petition
35is filed.
-8- 15. When the court is unavailable from the close of business
2at the end of the day or week to the resumption of business
3at the beginning of the day or week, a petition may be filed
4before a district judge, or district associate judge designated
5by the chief judge of the judicial district, who may grant
6emergency relief under this section, if the district judge
7or district associate judge finds there is good cause to
8believe that the respondent poses a significant danger to the
9respondent’s self or others, in the near future, by possessing,
10shipping, transporting, or receiving firearms.
116. An emergency extreme risk protective order shall include
12the following:
13a. A statement of the grounds supporting the issuance of the
14order.
15b. The date and time the order was issued.
16c. The date and time the order expires.
17d. Whether a responsive pleading may be filed.
18e. A description of the firearms to be surrendered.
19f. The date and time of the scheduled hearing.
20g. An emergency extreme risk protective order shall contain
21the following statement:
22To the subject of this protective order: This order remains
23effective until the date and time noted above. If you have not
24done so already, you must immediately surrender to the (insert
25the name of a local law enforcement agency with jurisdiction)
26all firearms in your possession, custody, or control, and
27surrender any permit to carry weapons or permit to acquire
28in your possession to such agency. You shall not have in
29your possession a firearm, or ship, transport, or receive, or
30attempt to ship, transport, or receive such a firearm while
31this order is in effect. A hearing will be held on the date
32and time noted above to determine if an extreme risk protective
33order shall be issued. Failure to appear at that hearing may
34result in a court entering an extreme risk protective order
35against you that is valid for a period of one year. You may
-9-1seek the advice of an attorney as to any matter connected with
2this order.
37. An emergency extreme risk protective order issued under
4this section shall expire upon the issuance of an extreme
5risk protective order under section 664B.7 or if the court
6determines at a hearing on the petition for an extreme risk
7protective order under section 664B.7 that the plaintiff
8has not proven by a preponderance of the evidence that the
9respondent presents a significant danger to the respondent’s
10self or others by possessing, shipping, transporting, or
11receiving firearms.
128. An emergency extreme risk protective order shall be
13served by the sheriff of any county in this state, a peace
14officer, or a corrections officer, in the same manner provided
15in section 664B.2 for the service of the notice and petition,
16and shall be served concurrently with such notice of hearing
17and petition, if possible. Alternatively, an emergency
18extreme risk protective order may be served using short-form
19notification pursuant to section 664B.3, and shall be served
20concurrently with the notice of hearing and petition, if
21possible.
22 Sec. 10. NEW SECTION. 664B.9 Notice of extreme risk
23protective order or emergency extreme risk protective order.
241. The clerk of the district court or other person
25designated by the court shall provide a copy of the extreme
26risk protective order or the emergency extreme risk protective
27order to the plaintiff.
282. The clerk of the district court shall provide a notice
29and copy of the protective order to the appropriate law
30enforcement agencies and the twenty-four-hour dispatcher for
31the law enforcement agencies in the same manner as provided in
32section 235F.6, 236.5, or 236A.7, as applicable. The clerk
33of the district court shall provide a notice and copy of a
34termination or extension of the protective order in the same
35manner.
-10-1 Sec. 11. NEW SECTION. 664B.10 Termination or extension of
2order.
31. The respondent may request a hearing to terminate
4an extreme risk protective order issued under this chapter
5during the twelve-month period that the order is in effect,
6starting from the date of the order and continuing through any
7extensions.
8a. Upon receipt of a request for a hearing to terminate
9an extreme risk protective order, the court shall set a date
10for a hearing. Notice of the request shall be served on the
11plaintiff. The hearing shall occur no sooner than fourteen
12days and no later than thirty days from the date of service of
13the request upon the plaintiff.
14b. The respondent shall have the burden of proving by a
15preponderance of the evidence that the respondent does not pose
16a significant danger to the respondent’s self or others by
17possessing, shipping, transporting, or receiving firearms.
18c. If the court finds after the hearing that the respondent
19has met the burden of proof, the court shall terminate the
20extreme risk protective order.
212. A family member may, by motion, request an extension
22of an extreme risk protective order within ninety days of the
23expiration of the order.
24a. Upon receipt of a motion to extend an extreme risk
25protective order, the court shall order the hearing be held no
26earlier than fourteen days from the date of the motion.
27b. In considering whether to extend the extreme risk
28protective order under this section, the court shall consider
29all relevant evidence described in section 664B.7, subsection
303.
31c. If the court finds by a preponderance of the evidence
32that the requirements for issuance of an extreme risk
33protective order continue to be met, the court shall extend
34the order. However, if, after notice, the motion to extend is
35uncontested and the plaintiff does not seek a modification of
-11-1the existing order, the order may be extended on the basis of
2the plaintiff’s motion or affidavit stating that there has been
3no material change in relevant circumstances since entry of the
4protective order.
5 Sec. 12. NEW SECTION. 664B.11 Firearms and firearm permits
6— surrender.
71. Upon the issuance of an extreme risk protective order
8or an emergency extreme risk protective order, the court shall
9order the respondent to immediately surrender to the law
10enforcement agency named in the protective order, all firearms
11possessed by the respondent and any permit to carry weapons
12or permit to acquire possessed by the respondent, within
13forty-eight hours of service of the order or within forty-eight
14hours of a hearing held pursuant to section 664B.7 at which the
15respondent was present and an order was subsequently issued.
162. At the time of surrendering any firearms, a law
17enforcement officer taking possession of any firearms
18shall issue a receipt identifying all firearms that have
19been surrendered and provide a copy of the receipt to the
20respondent. Within seventy-two hours after service of the
21order the law enforcement officer serving the order shall file
22the original receipt with the court and shall ensure that the
23law enforcement agency retains a copy of the receipt.
243. Upon a sworn statement or testimony of the plaintiff or
25of any law enforcement officer alleging that the respondent has
26failed to comply with the surrender of firearms and permits
27as required by any order issued under this section, the court
28shall determine whether probable cause exists to believe that
29the respondent has failed to surrender all firearms or permits
30in the possession of the respondent. If probable cause exists,
31the court shall issue a search warrant describing the firearms
32and authorizing a search of the locations where the firearms
33are reasonably believed to be and the seizure of any firearms
34discovered in the search.
354. If a person other than the respondent claims to own
-12-1any of the firearms seized or surrendered pursuant to this
2chapter, and the law enforcement agency where the firearms are
3stored determines that person to be the lawful owner of the
4firearms, the firearms shall be returned to the lawful owner if
5the lawful owner agrees to store the firearms in such a manner
6that prevents the respondent from having access to the firearms
7during the time an extreme risk protective order or emergency
8extreme risk protective order is in effect.
9 Sec. 13. NEW SECTION. 664B.12 Firearm surrender — hearing.
10Upon the issuance of an extreme risk protective order, the
11court shall order a new hearing within three business days
12of the issuance of the order that requires the respondent
13to provide evidence to the court that the respondent has
14surrendered any firearms in the possession of the respondent.
15The court may dismiss the hearing upon a satisfactory showing
16the respondent has complied with the order.
17 Sec. 14. NEW SECTION. 664B.13 Firearms — storage.
18All law enforcement agencies shall develop policies and
19procedures by June 1, 2019, regarding the acceptance, storage,
20and return of firearms surrendered to a law enforcement agency
21under this chapter.
22 Sec. 15. NEW SECTION. 664B.14 Return of firearms and
23unclaimed firearms.
241. If an extreme risk protective order is terminated or
25expires without an extension, the law enforcement agency in
26possession of any firearms surrendered by a respondent shall
27return any such firearms upon request of the respondent,
28provided the respondent is eligible to possess a firearm.
292. Notwithstanding section 809.21, for firearms that remain
30unclaimed by the lawful owner, the firearms shall be destroyed
31pursuant to 661 IAC 95.8.
32 Sec. 16. NEW SECTION. 664B.15 Penalties.
331. A person who files a petition under this chapter knowing
34the information in the petition to be materially false commits
35a serious misdemeanor.
-13- 12. A respondent who possesses a firearm, or who ships,
2transports, or receives, or attempts to ship, transport, or
3receive a firearm while an extreme risk protective order or
4emergency extreme risk protective order is in effect commits an
5aggravated misdemeanor.
63. A person who claims ownership of a firearm pursuant to
7section 664B.11, subsection 4, who agrees to store the firearm
8in such a manner that prevents a respondent from having access
9to the firearm commits a serious misdemeanor if the respondent
10is later found to have access to the firearm that is subject
11to the agreement while an extreme risk protective order is in
12effect.
134. A respondent who violates subsection 2 shall be
14prohibited from possessing, shipping, transporting, or
15receiving a firearm for a period of five years from the date of
16the conviction.
17 Sec. 17. Section 724.8, Code 2019, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 7. Is subject to an extreme risk protective
20order or an emergency extreme risk protective order issued
21under chapter 664B.
22 NEW SUBSECTION. 8. Has been convicted of a violation of
23section 664B.15, subsection 2, within the previous five years.
24 Sec. 18. Section 724.15, subsection 1, Code 2019, is amended
25by adding the following new paragraphs:
26 NEW PARAGRAPH. d. Is subject to an extreme risk protective
27order or an emergency extreme risk protective order issued
28under chapter 664B.
29 NEW PARAGRAPH. e. Has been convicted of a violation of
30section 664B.15, subsection 2, within the previous five years.
31 Sec. 19. Section 724.26, subsection 2, paragraph a, Code
322019, is amended to read as follows:
33a. Except as provided in paragraph “b”, a person who is
34subject to a protective order under 18 U.S.C. §922(g)(8) or who
35has been convicted of a misdemeanor crime of domestic violence
-14-1under 18 U.S.C. §922(g)(9) and who knowingly possesses,
2ships, transports, or receives a firearm, offensive weapon, or
3ammunition and who is any of the following is guilty of a class
4“D” felony.:
5(1) Is subject to a protective order under 18 U.S.C.
6§922(g)(8).
7(2) Has been convicted of a misdemeanor crime of domestic
8violence under 18 U.S.C. §922(g)(9).
9(3) Is subject to an extreme risk protective order under
10chapter 664B.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the creation of an extreme risk
15protective order against a person who presents a significant
16danger to the person’s self or others by possessing, shipping,
17transporting, or receiving firearms.
18DEFINITIONS. The bill defines “family member” to mean a
19spouse, person cohabiting, a parent, or other person related
20by consanguinity or affinity. The bill defines “firearm” to
21include ammunition and any offensive weapon. The bill defines
22“possession” to include ownership, custody, or control. The
23bill defines “plaintiff” to mean a family member, a person with
24whom the respondent is having an intimate relationship with, or
25a peace officer. The bill defines “intimate relationship” to
26mean the same as defined in Code section 235E.1.
27PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill,
28a plaintiff may file a petition in district court requesting
29an extreme risk protective order stating that the subject of
30the extreme risk protective petition (respondent) presents
31a significant danger to the respondent’s self or others by
32possessing, shipping, transporting, or receiving firearms.
33The bill requires the petition to contain an affidavit
34stating the specific facts that give rise to the reasons the
35respondent presents a significant danger to the respondent’s
-15-1self or others; the location, type, and number of firearms the
2plaintiff believes are possessed by the respondent; whether
3the respondent is subject to a current protective order or
4no-contact order; and whether any legal proceedings are pending
5between the plaintiff and respondent.
6In lieu of personal service of an extreme risk protective
7order on a respondent, the bill allows a sheriff of any county
8in this state or any peace officer or corrections officer
9in this state to serve the respondent with a short-form
10notification to effectuate service of an unserved order.
11Short-form notification includes service during traffic stops
12and other contacts with the respondent by a sheriff, peace
13officer, or corrections officer in this state in the course of
14performing official duties.
15The bill requires the department of justice to prescribe
16standard forms to be used by a plaintiff proceeding pro se when
17filing an extreme risk protective order petition.
18The bill permits a county attorney’s office to provide
19assistance to a plaintiff wishing to initiate the filing of an
20extreme risk protective order petition or to a plaintiff at any
21stage of a proceeding under the bill, if the plaintiff does
22not have sufficient funds to pay for legal assistance and if
23the assistance does not create a conflict of interest for the
24county attorney’s office.
25The bill permits the plaintiff to use an alternate mailing
26address for the purposes of filing a petition for an extreme
27risk protective order including the mailing address of a
28shelter or other agency, a public or private post office box,
29or any other mailing address with permission of the resident of
30that address.
31The bill requires that hearing on the petition for an extreme
32risk protective order shall occur not less than five but no
33more than 15 days after commencing the proceeding and after
34notice to the respondent.
35The bill provides that upon hearing on the petition, if
-16-1the court finds by a preponderance of the evidence that the
2respondent presents a significant danger to the respondent’s
3self or others by possessing, shipping, transporting, or
4receiving firearms, the court shall issue an extreme risk
5protective order for a period of one year. In determining
6whether grounds for an extreme risk protective order exist,
7the court may consider any relevant evidence including but not
8limited to the following: a recent act or threat of violence
9by the respondent against the respondent’s self or others; a
10pattern of acts or threats of violence against the respondent’s
11self or others by the respondent within the preceding twelve
12months of the filing of the petition; any serious mental
13impairment of the respondent; any previous violations of
14no-contact orders or protective orders by the respondent; a
15previous issuance of an extreme risk protective order issued
16against the respondent; a previous domestic abuse assault
17conviction; the possession of a firearm or the reckless use,
18display, or brandishing of a firearm by the respondent; any
19history of use of physical force by the respondent against
20another person; any prior criminal history of the respondent;
21and evidence of abuse of a controlled substance or alcohol by
22the respondent.
23EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows
24a plaintiff to request an emergency extreme risk protective
25order, without notice to the respondent, by including in the
26petition detailed allegations based on personal knowledge that
27the respondent poses a significant danger to the respondent’s
28self or others, in the near future, by possessing, shipping,
29transporting, or receiving firearms. If the court finds good
30cause to believe that the respondent presents a significant
31danger to the respondent’s self or others, in the near future,
32by possessing, shipping, transporting, or receiving firearms,
33the court shall issue an emergency extreme risk protective
34order.
35The court shall hold an emergency extreme risk protective
-17-1order hearing in person or by telephone on the day the petition
2is filed.
3When the court is unavailable from the close of business
4at the end of the day or week to the resumption of business
5at the beginning of the day or week, the bill provides that
6a petition for an extreme risk protective order may be filed
7before a district judge, or district associate judge designated
8by the chief judge of the judicial district, who may grant
9emergency relief, if the district judge or district associate
10judge finds good cause to believe that the respondent presents
11a significant danger to the respondent’s self or others, in
12the near future, by possessing, shipping, transporting, or
13receiving firearms.
14The emergency extreme risk protective order shall be
15in effect until the issuance of an extreme risk protective
16order after a hearing on the petition for an extreme risk
17protective order or the court determines at the hearing on the
18petition the plaintiff has not proven by a preponderance of
19the evidence that the respondent presents a significant danger
20to the respondent’s self or others by possessing, shipping,
21transporting, or receiving firearms.
22In lieu of personal service of an emergency extreme risk
23protective order on a respondent, the bill allows a sheriff of
24any county in this state or any peace officer or corrections
25officer to serve the respondent with a short-form notification
26to effectuate the service on an unserved order. Short-form
27notification includes service during traffic stops and other
28contacts with the respondent by the sheriff, peace officer, or
29corrections officer.
30REQUEST TO TERMINATE ORDER. Under the bill, the respondent
31may submit a request for a hearing to terminate an extreme risk
32protective order during each 12-month period that the order is
33in effect, beginning from the date of the order and continuing
34through any extensions. The bill provides that the respondent
35shall have the burden of proving by a preponderance of the
-18-1evidence that the respondent does not present a significant
2danger to the respondent’s self or others by possessing,
3shipping, transporting, or receiving firearms.
4EXTENSION OF ORDER. An extreme risk protective order may be
5extended under the bill. A family member may by motion request
6an extension of an extreme risk protective order within 90
7days of the expiration of the order. The bill provides that
8if the court finds by a preponderance of the evidence that the
9requirements for issuance of an extreme risk protective order
10continue to be met, the court shall extend the order.
11SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the
12issuance of an extreme risk protective order or an emergency
13extreme risk protective order, the bill provides that the court
14shall order the respondent to immediately surrender to the law
15enforcement agency named in the protective order, all firearms
16possessed by the respondent and any permit to carry weapons or
17permit to acquire possessed by the respondent, within 48 hours
18of being served with the order or within 48 hours of the end of
19the hearing on the petition at which the respondent was present
20and an order was subsequently issued.
21The bill requires that at the time of surrendering any
22firearms, a peace officer taking possession of any firearms
23shall issue a receipt identifying all firearms that have
24been surrendered and provide a copy of the receipt to the
25respondent.
26Upon a sworn statement or testimony of the petitioner or of
27any peace officer alleging that the respondent has failed to
28comply with the surrender of firearms and permits as required
29by any order, the bill requires the court to determine whether
30probable cause exists to believe that the respondent has failed
31to surrender all firearms or permits in the possession of the
32respondent. If probable cause exists, the bill requires the
33court to issue a search warrant describing the firearms and
34authorizing a search of the locations where the firearms are
35reasonably believed to be and the seizure of any firearms
-19-1discovered in the search.
2If a person other than the respondent claims to own any of
3the firearms seized or surrendered pursuant to the bill and the
4law enforcement agency where the firearms are stored determines
5the person to be the lawful owner of the firearms, the firearms
6shall be returned to the lawful owner if the lawful owner
7agrees to store the firearms in such a manner that prevents
8the respondent from having access to the firearms during the
9time an extreme risk protective order or emergency extreme risk
10protective order is in effect. Under the bill, the lawful
11owner commits a serious misdemeanor if the respondent is later
12found to have access to the firearms while an extreme risk
13protective order or emergency extreme risk protective order is
14in effect against the respondent.
15Upon the issuance of an extreme risk protective order, the
16bill requires the court to order a new hearing within three
17business days of the issuance of the extreme risk protective
18order that requires the respondent to provide evidence to the
19court that the respondent has surrendered any firearms in
20the possession of the respondent. The court may dismiss the
21hearing upon a satisfactory showing the respondent has complied
22with the extreme risk protective order.
23All law enforcement agencies must develop policies and
24procedures by June 1, 2020, regarding the acceptance, storage,
25and return of firearms surrendered to a law enforcement agency
26under the bill.
27RETURN OF FIREARMS. Under the bill, if an extreme risk
28protective order is terminated or expires without an extension,
29the law enforcement agency holding any firearms surrendered by
30the respondent shall return any firearms to the respondent upon
31request of the respondent, provided the respondent is eligible
32to possess a firearm.
33Notwithstanding Code section 809.21 (disposition of seized
34property — sale of certain ammunition and firearms) for
35firearms that remain unclaimed by the lawful owner, the
-20-1firearms shall be destroyed pursuant to 661 IAC 95.8.
2PENALTIES. The bill provides that a respondent shall not
3be eligible to obtain a permit to carry weapons or a permit to
4acquire pistols or revolvers while an extreme risk protective
5order or emergency risk protective order is in effect against
6the respondent.
7The bill provides that a plaintiff who files a petition for
8an extreme protective order knowing the information in the
9petition to be materially false commits a serious misdemeanor.
10The bill provides that a respondent who possesses a firearm,
11or who ships, transports, or receives, or attempts to ship,
12transport, or receive such a firearm while an extreme risk
13protective order or emergency extreme risk protective order
14is in effect against the respondent commits an aggravated
15misdemeanor. A respondent who violates this provision shall
16be prohibited from possessing, shipping, transporting, or
17receiving a firearm for a period of five years from the date of
18the conviction. If, during the five-year prohibition period
19the respondent knowingly has under the respondent’s dominion
20and control or possession, or ships, transports, or receives,
21or causes to be shipped, transported, or received a firearm,
22the respondent commits a class “D” felony.
-21-mo/rh
2order against a person in possession of a firearm who
3presents a significant danger to the person’s self or
4others, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 664A.1, subsection 2, Code 2019, is
2amended to read as follows:
32. a. “Protective order” means a protective order issued
4pursuant to chapter 232, a court order or court-approved
5consent agreement entered pursuant to this chapter or chapter
6235F, a court order or court-approved consent agreement entered
7pursuant to chapter 236 or 236A, including a valid foreign
8protective order under section 236.19, subsection 3, or section
9236A.19, subsection 3, a temporary or permanent protective
10order or order to vacate the homestead under chapter 598, or an
11order that establishes conditions of release or is a protective
12order or sentencing order in a criminal prosecution arising
13from a domestic abuse assault under section 708.2A, or a civil
14injunction issued pursuant to section 915.22.
15b. “Protective order” does not include a protective order
16issued pursuant to chapter 664B.
17 Sec. 2. NEW SECTION. 664B.1 Definitions.
18As used in this chapter unless the context otherwise
19requires:
201. “Affidavit” means a written declaration or statement of
21fact made under oath, or legally sufficient affirmation, before
22any person authorized to administer oaths within or without the
23state.
242. “Family member” means a spouse, person cohabiting, a
25parent, or other person related by consanguinity or affinity.
263. “Firearm” includes ammunition and any offensive weapon.
274. “Intimate relationship” means the same as defined in
28section 235E.1.
295. “Plaintiff” means a family member, a person with whom the
30respondent is having an intimate relationship with, or a peace
31officer who files a petition under this chapter.
326. “Possession” includes ownership, custody, or control.
337. “Respondent” means a person against whom a protective
34order is filed under this chapter.
35 Sec. 3. NEW SECTION. 664B.2 Extreme risk protective order
-1-1— petition.
21. A plaintiff may file a petition in the district court
3requesting an extreme risk protective order. Venue shall lie
4in the county where either party resides. The petition shall
5contain all of the following:
6a. Name of the plaintiff and the name and address of the
7plaintiff’s attorney, if any. If the plaintiff is proceeding
8pro se, the petition shall state a mailing address for the
9plaintiff. A mailing address may be provided by the plaintiff
10pursuant to section 664B.6.
11b. A statement of facts alleging the respondent presents
12a significant danger to the respondent’s self or others by
13possessing, shipping, transporting, or receiving firearms
14accompanied by an affidavit stating the specific statements,
15actions, or facts that give rise to the reasons the respondent
16presents a significant danger to the respondent’s self or
17others by possessing, shipping, transporting, or receiving
18firearms.
19c. The location, type, and number of firearms the plaintiff
20believes are possessed by the respondent.
21d. Whether the respondent is subject to a current protective
22order or a no-contact order.
23e. Whether any legal proceeding is pending between the
24plaintiff and respondent, and if so, the nature of the legal
25proceeding.
26f. Desired relief, including a request for temporary or
27emergency orders.
282. The filing fee and court costs for an extreme risk
29protective order shall be waived for the plaintiff.
303. The clerk of the district court, the sheriff of any
31county in this state, or any peace officer, or corrections
32officer shall perform their duties relating to service of
33process without charge to the plaintiff. When an order for
34an extreme risk protective is entered by the court, the court
35may direct the respondent to pay to the clerk of court the
-2-1fees for the filing of the petition and reasonable costs of
2service of process if the court determines the respondent has
3the ability to pay the plaintiff’s fees and costs. In lieu of
4personal service of a protective order issued pursuant to this
5section, the sheriff of any county in this state, and other law
6enforcement and corrections officers may serve a respondent
7with a short-form notification pursuant to section 664B.3.
8 Sec. 4. NEW SECTION. 664B.3 Short-form notification.
91. In lieu of personal service of an extreme risk protective
10order or an emergency extreme risk protective order on a
11respondent whose firearms are to be surrendered by such an
12order, a sheriff of any county in this state or any peace
13officer or corrections officer in this state may serve the
14respondent with a short-form notification pursuant to this
15section to effectuate service of an unserved order.
162. Service of a short-form notification under this section
17shall be allowed during traffic stops and other contacts with
18the respondent by a sheriff, peace officer, or corrections
19officer in this state in the course of performing official
20duties. The respondent may be detained for a reasonable period
21of time to complete the short-form notification process.
223. When the short-form notification process is complete,
23the sheriff, peace officer, or corrections officer serving the
24notification shall file a copy of the notification with the
25clerk of the district court. The filing shall indicate the
26date and time the notification was served on the respondent.
274. The short-form notification shall be on a form
28prescribed by the state court administrator. The state court
29administrator shall prescribe rules relating to the content
30and distribution of the form to appropriate law enforcement
31agencies in this state. The form shall include but not be
32limited to all of the following statements:
33a. The respondent shall immediately surrender all firearms
34in the respondent’s possession and any permit to carry weapons
35or permit to acquire in the possession of the respondent.
-3- 1b. The respondent is responsible for obtaining a full copy
2of the extreme risk protective order or emergency extreme risk
3protective order from the county sheriff of the county in which
4the order was entered or from the clerk of the district court.
5c. The terms and conditions of the extreme risk protective
6order or emergency extreme risk protective order are
7enforceable, and the respondent is subject to arrest for
8violating the protective order.
9 Sec. 5. NEW SECTION. 664B.4 Plaintiffs proceeding pro se —
10provision of forms and assistance.
111. The department of justice shall prescribe standard forms
12to be used by a plaintiff proceeding pro se when filing a
13petition under this chapter. The standard forms shall include
14language in fourteen point boldface type. Standard forms
15prescribed by the department shall be the exclusive forms used
16by a plaintiff proceeding pro se, and may be used by other
17plaintiffs. The department shall distribute the forms to the
18clerks of the district courts.
192. The clerk of the district court shall furnish the
20required forms to plaintiffs seeking an extreme risk protective
21order through pro se proceedings pursuant to this chapter.
22 Sec. 6. NEW SECTION. 664B.5 Assistance by county attorney.
23A county attorney’s office may provide assistance to a
24plaintiff wishing to initiate proceedings pursuant to this
25chapter or to a plaintiff at any stage of a proceeding under
26this chapter, if the plaintiff does not have sufficient funds
27to pay for legal assistance and if the assistance does not
28create a conflict of interest for the county attorney’s office.
29The assistance provided may include, but is not limited to,
30assistance in obtaining or completing forms, filing a petition
31or other necessary pleading, presenting evidence to the court,
32and enforcing the orders of the court entered pursuant to this
33chapter. Providing assistance pursuant to this section shall
34not be considered the private practice of law for the purposes
35of section 331.752.
-4-1 Sec. 7. NEW SECTION. 664B.6 Plaintiff’s address —
2confidentiality of records.
31. A plaintiff may use any of the following addresses as a
4mailing address for purposes of filing a petition under this
5chapter:
6a. The mailing address of a shelter or other agency.
7b. A public or private post office box.
8c. Any other mailing address, with the permission of the
9resident of that address.
102. A plaintiff shall report any change of address, whether
11designated according to subsection 1 or otherwise, to the clerk
12of the district court no more than five days after the previous
13address on record becomes invalid.
143. The entire file or a portion of the file under this
15chapter shall be sealed by the clerk of the district court as
16ordered by the court to protect the privacy interest or safety
17of any person.
184. Notwithstanding subsection 3, court orders shall remain
19public records, although the court may order that address and
20location information be redacted from the public records.
21 Sec. 8. NEW SECTION. 664B.7 Hearing.
221. Not less than five and not more than fifteen days after
23commencing a proceeding and upon notice to the other party,
24a hearing shall be held at which the plaintiff must prove by
25a preponderance of the evidence that the respondent presents
26a significant danger to the respondent’s self or others by
27possessing, shipping, transporting, or receiving firearms.
282. Upon hearing, if the court finds by a preponderance of
29the evidence that the respondent poses a significant danger
30to the respondent’s self or others by possessing, shipping,
31transporting, or receiving firearms, the court shall issue an
32extreme risk protective order for a period of one year.
333. In determining whether grounds for an extreme risk
34protective order exist, the court may consider any relevant
35evidence including but not limited to the following:
-5- 1a. A recent act or threat of violence by the respondent
2against the respondent’s self or others, and whether such
3violence or threat involves a firearm.
4b. A pattern of acts or threats of violence against the
5respondent’s self or others within the preceding twelve months
6of the filing of the petition.
7c. Any serious mental impairment of the respondent.
8d. Any violation of a no-contact order issued for violations
9or alleged violations of sections 708.2A, 708.7, 708.11, 709.2,
10709.3, and 709.4, and any other public offense for which there
11is a victim.
12e. Any violation of a protective order issued in a civil
13proceeding under chapter 232, 235F, 236, 236A, 598, or 915.
14f. The issuance of a previous extreme risk protective order
15against the respondent under this chapter.
16g. A violation of a previous extreme risk protective order
17issued against the respondent under this chapter.
18h. A conviction of the respondent for a crime that
19constitutes domestic abuse assault in violation of section
20708.2A.
21i. The possession of or access to a firearm, or the intent
22to possess a firearm by the respondent.
23j. The unlawful or reckless use, display, or brandishing of
24a firearm by the respondent.
25k. Any history of use, attempted use, or threatened use of
26physical force by the respondent against another person, or the
27respondent’s history of stalking or harassing another person.
28l. Any prior arrest of the respondent for a felony offense
29or violent crime.
30m. Evidence of abuse of a controlled substance or alcohol
31by the respondent.
32n. Evidence of recent acquisition of a firearm by the
33respondent.
344. The court may:
35a. Examine under oath the plaintiff, the respondent, and
-6-1any witnesses that the plaintiff or respondent produces, or
2in lieu of examination, consider affidavits of the plaintiff,
3the respondent, or any witnesses the plaintiff or respondent
4produces.
5b. Ensure that a reasonable search has been conducted for
6criminal history records relating to the respondent.
75. During the hearing, the court may order a substance abuse
8evaluation.
96. An extreme risk protective order shall include all of the
10following:
11a. A statement of the grounds supporting the issuance of the
12order.
13b. The date and time the order was issued.
14c. The date and time the order expires.
15d. Whether a substance abuse evaluation is required.
16e. Whether a responsive pleading may be filed.
17f. A description of the firearms to be surrendered.
18g. An extreme risk protective order shall contain the
19following statement:
20To the subject of this protective order: This order remains
21effective until the date and time noted above. If you have not
22done so already, you must surrender to the (insert the name of
23a local law enforcement agency with jurisdiction) all firearms
24in your possession, custody, or control and surrender any
25permit to carry weapons or permit to acquire in your possession
26to such agency. You shall not have in your possession a
27firearm, or ship, transport, or receive, or attempt to ship,
28transport, or receive such a firearm while this order is in
29effect. You have the right to request one hearing to terminate
30this order during each twelve-month period that this order is
31in effect, starting from the date of this order and continuing
32through any extension of the order. If the order requires
33a substance abuse evaluation, you must first obtain such
34evaluation and disclose the results of the evaluation to the
35court prior to requesting a hearing.
-7- 17. If a hearing is continued, the court may make or extend
2any order issued under subsection 2 that it deems necessary.
38. Upon the application of a party, the court shall issue
4subpoenas requiring attendance and testimony of witnesses and
5production of papers.
69. The court shall advise the respondent of a right to be
7represented by counsel of the respondent’s choosing and to have
8a continuance to secure counsel.
910. If applicable, the court shall determine whether the
10respondent has had sufficient opportunity to surrender the
11respondent’s firearms after service of an emergency extreme
12risk protective order issued under section 664B.8.
1311. Hearings shall be recorded.
14 Sec. 9. NEW SECTION. 664B.8 Emergency extreme risk
15protective order.
161. A plaintiff may request that an emergency extreme risk
17protective order be issued before a hearing for an extreme
18risk protective order under section 664B.7, without notice
19to the respondent, by including in the petition detailed
20allegations based on personal knowledge that the respondent
21poses a significant danger to the respondent’s self or others,
22in the near future, by possessing, shipping, transporting, or
23receiving firearms.
242. In considering whether to issue an emergency extreme risk
25protective order under this section, the court shall consider
26all relevant evidence described in section 664B.7, subsection
273.
283. If the court finds there is good cause to believe that
29the respondent poses a significant danger to the respondent’s
30self or others, in the near future, by possessing, shipping,
31transporting, or receiving firearms, the court shall issue an
32emergency extreme risk protective order.
334. The court shall hold an emergency extreme risk protective
34order hearing in person or by telephone on the day the petition
35is filed.
-8- 15. When the court is unavailable from the close of business
2at the end of the day or week to the resumption of business
3at the beginning of the day or week, a petition may be filed
4before a district judge, or district associate judge designated
5by the chief judge of the judicial district, who may grant
6emergency relief under this section, if the district judge
7or district associate judge finds there is good cause to
8believe that the respondent poses a significant danger to the
9respondent’s self or others, in the near future, by possessing,
10shipping, transporting, or receiving firearms.
116. An emergency extreme risk protective order shall include
12the following:
13a. A statement of the grounds supporting the issuance of the
14order.
15b. The date and time the order was issued.
16c. The date and time the order expires.
17d. Whether a responsive pleading may be filed.
18e. A description of the firearms to be surrendered.
19f. The date and time of the scheduled hearing.
20g. An emergency extreme risk protective order shall contain
21the following statement:
22To the subject of this protective order: This order remains
23effective until the date and time noted above. If you have not
24done so already, you must immediately surrender to the (insert
25the name of a local law enforcement agency with jurisdiction)
26all firearms in your possession, custody, or control, and
27surrender any permit to carry weapons or permit to acquire
28in your possession to such agency. You shall not have in
29your possession a firearm, or ship, transport, or receive, or
30attempt to ship, transport, or receive such a firearm while
31this order is in effect. A hearing will be held on the date
32and time noted above to determine if an extreme risk protective
33order shall be issued. Failure to appear at that hearing may
34result in a court entering an extreme risk protective order
35against you that is valid for a period of one year. You may
-9-1seek the advice of an attorney as to any matter connected with
2this order.
37. An emergency extreme risk protective order issued under
4this section shall expire upon the issuance of an extreme
5risk protective order under section 664B.7 or if the court
6determines at a hearing on the petition for an extreme risk
7protective order under section 664B.7 that the plaintiff
8has not proven by a preponderance of the evidence that the
9respondent presents a significant danger to the respondent’s
10self or others by possessing, shipping, transporting, or
11receiving firearms.
128. An emergency extreme risk protective order shall be
13served by the sheriff of any county in this state, a peace
14officer, or a corrections officer, in the same manner provided
15in section 664B.2 for the service of the notice and petition,
16and shall be served concurrently with such notice of hearing
17and petition, if possible. Alternatively, an emergency
18extreme risk protective order may be served using short-form
19notification pursuant to section 664B.3, and shall be served
20concurrently with the notice of hearing and petition, if
21possible.
22 Sec. 10. NEW SECTION. 664B.9 Notice of extreme risk
23protective order or emergency extreme risk protective order.
241. The clerk of the district court or other person
25designated by the court shall provide a copy of the extreme
26risk protective order or the emergency extreme risk protective
27order to the plaintiff.
282. The clerk of the district court shall provide a notice
29and copy of the protective order to the appropriate law
30enforcement agencies and the twenty-four-hour dispatcher for
31the law enforcement agencies in the same manner as provided in
32section 235F.6, 236.5, or 236A.7, as applicable. The clerk
33of the district court shall provide a notice and copy of a
34termination or extension of the protective order in the same
35manner.
-10-1 Sec. 11. NEW SECTION. 664B.10 Termination or extension of
2order.
31. The respondent may request a hearing to terminate
4an extreme risk protective order issued under this chapter
5during the twelve-month period that the order is in effect,
6starting from the date of the order and continuing through any
7extensions.
8a. Upon receipt of a request for a hearing to terminate
9an extreme risk protective order, the court shall set a date
10for a hearing. Notice of the request shall be served on the
11plaintiff. The hearing shall occur no sooner than fourteen
12days and no later than thirty days from the date of service of
13the request upon the plaintiff.
14b. The respondent shall have the burden of proving by a
15preponderance of the evidence that the respondent does not pose
16a significant danger to the respondent’s self or others by
17possessing, shipping, transporting, or receiving firearms.
18c. If the court finds after the hearing that the respondent
19has met the burden of proof, the court shall terminate the
20extreme risk protective order.
212. A family member may, by motion, request an extension
22of an extreme risk protective order within ninety days of the
23expiration of the order.
24a. Upon receipt of a motion to extend an extreme risk
25protective order, the court shall order the hearing be held no
26earlier than fourteen days from the date of the motion.
27b. In considering whether to extend the extreme risk
28protective order under this section, the court shall consider
29all relevant evidence described in section 664B.7, subsection
303.
31c. If the court finds by a preponderance of the evidence
32that the requirements for issuance of an extreme risk
33protective order continue to be met, the court shall extend
34the order. However, if, after notice, the motion to extend is
35uncontested and the plaintiff does not seek a modification of
-11-1the existing order, the order may be extended on the basis of
2the plaintiff’s motion or affidavit stating that there has been
3no material change in relevant circumstances since entry of the
4protective order.
5 Sec. 12. NEW SECTION. 664B.11 Firearms and firearm permits
6— surrender.
71. Upon the issuance of an extreme risk protective order
8or an emergency extreme risk protective order, the court shall
9order the respondent to immediately surrender to the law
10enforcement agency named in the protective order, all firearms
11possessed by the respondent and any permit to carry weapons
12or permit to acquire possessed by the respondent, within
13forty-eight hours of service of the order or within forty-eight
14hours of a hearing held pursuant to section 664B.7 at which the
15respondent was present and an order was subsequently issued.
162. At the time of surrendering any firearms, a law
17enforcement officer taking possession of any firearms
18shall issue a receipt identifying all firearms that have
19been surrendered and provide a copy of the receipt to the
20respondent. Within seventy-two hours after service of the
21order the law enforcement officer serving the order shall file
22the original receipt with the court and shall ensure that the
23law enforcement agency retains a copy of the receipt.
243. Upon a sworn statement or testimony of the plaintiff or
25of any law enforcement officer alleging that the respondent has
26failed to comply with the surrender of firearms and permits
27as required by any order issued under this section, the court
28shall determine whether probable cause exists to believe that
29the respondent has failed to surrender all firearms or permits
30in the possession of the respondent. If probable cause exists,
31the court shall issue a search warrant describing the firearms
32and authorizing a search of the locations where the firearms
33are reasonably believed to be and the seizure of any firearms
34discovered in the search.
354. If a person other than the respondent claims to own
-12-1any of the firearms seized or surrendered pursuant to this
2chapter, and the law enforcement agency where the firearms are
3stored determines that person to be the lawful owner of the
4firearms, the firearms shall be returned to the lawful owner if
5the lawful owner agrees to store the firearms in such a manner
6that prevents the respondent from having access to the firearms
7during the time an extreme risk protective order or emergency
8extreme risk protective order is in effect.
9 Sec. 13. NEW SECTION. 664B.12 Firearm surrender — hearing.
10Upon the issuance of an extreme risk protective order, the
11court shall order a new hearing within three business days
12of the issuance of the order that requires the respondent
13to provide evidence to the court that the respondent has
14surrendered any firearms in the possession of the respondent.
15The court may dismiss the hearing upon a satisfactory showing
16the respondent has complied with the order.
17 Sec. 14. NEW SECTION. 664B.13 Firearms — storage.
18All law enforcement agencies shall develop policies and
19procedures by June 1, 2019, regarding the acceptance, storage,
20and return of firearms surrendered to a law enforcement agency
21under this chapter.
22 Sec. 15. NEW SECTION. 664B.14 Return of firearms and
23unclaimed firearms.
241. If an extreme risk protective order is terminated or
25expires without an extension, the law enforcement agency in
26possession of any firearms surrendered by a respondent shall
27return any such firearms upon request of the respondent,
28provided the respondent is eligible to possess a firearm.
292. Notwithstanding section 809.21, for firearms that remain
30unclaimed by the lawful owner, the firearms shall be destroyed
31pursuant to 661 IAC 95.8.
32 Sec. 16. NEW SECTION. 664B.15 Penalties.
331. A person who files a petition under this chapter knowing
34the information in the petition to be materially false commits
35a serious misdemeanor.
-13- 12. A respondent who possesses a firearm, or who ships,
2transports, or receives, or attempts to ship, transport, or
3receive a firearm while an extreme risk protective order or
4emergency extreme risk protective order is in effect commits an
5aggravated misdemeanor.
63. A person who claims ownership of a firearm pursuant to
7section 664B.11, subsection 4, who agrees to store the firearm
8in such a manner that prevents a respondent from having access
9to the firearm commits a serious misdemeanor if the respondent
10is later found to have access to the firearm that is subject
11to the agreement while an extreme risk protective order is in
12effect.
134. A respondent who violates subsection 2 shall be
14prohibited from possessing, shipping, transporting, or
15receiving a firearm for a period of five years from the date of
16the conviction.
17 Sec. 17. Section 724.8, Code 2019, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 7. Is subject to an extreme risk protective
20order or an emergency extreme risk protective order issued
21under chapter 664B.
22 NEW SUBSECTION. 8. Has been convicted of a violation of
23section 664B.15, subsection 2, within the previous five years.
24 Sec. 18. Section 724.15, subsection 1, Code 2019, is amended
25by adding the following new paragraphs:
26 NEW PARAGRAPH. d. Is subject to an extreme risk protective
27order or an emergency extreme risk protective order issued
28under chapter 664B.
29 NEW PARAGRAPH. e. Has been convicted of a violation of
30section 664B.15, subsection 2, within the previous five years.
31 Sec. 19. Section 724.26, subsection 2, paragraph a, Code
322019, is amended to read as follows:
33a. Except as provided in paragraph “b”, a person who is
34subject to a protective order under 18 U.S.C. §922(g)(8) or who
35has been convicted of a misdemeanor crime of domestic violence
-14-1under 18 U.S.C. §922(g)(9) and who knowingly possesses,
2ships, transports, or receives a firearm, offensive weapon, or
3ammunition and who is any of the following is guilty of a class
4“D” felony.:
5(1) Is subject to a protective order under 18 U.S.C.
6§922(g)(8).
7(2) Has been convicted of a misdemeanor crime of domestic
8violence under 18 U.S.C. §922(g)(9).
9(3) Is subject to an extreme risk protective order under
10chapter 664B.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to the creation of an extreme risk
15protective order against a person who presents a significant
16danger to the person’s self or others by possessing, shipping,
17transporting, or receiving firearms.
18DEFINITIONS. The bill defines “family member” to mean a
19spouse, person cohabiting, a parent, or other person related
20by consanguinity or affinity. The bill defines “firearm” to
21include ammunition and any offensive weapon. The bill defines
22“possession” to include ownership, custody, or control. The
23bill defines “plaintiff” to mean a family member, a person with
24whom the respondent is having an intimate relationship with, or
25a peace officer. The bill defines “intimate relationship” to
26mean the same as defined in Code section 235E.1.
27PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill,
28a plaintiff may file a petition in district court requesting
29an extreme risk protective order stating that the subject of
30the extreme risk protective petition (respondent) presents
31a significant danger to the respondent’s self or others by
32possessing, shipping, transporting, or receiving firearms.
33The bill requires the petition to contain an affidavit
34stating the specific facts that give rise to the reasons the
35respondent presents a significant danger to the respondent’s
-15-1self or others; the location, type, and number of firearms the
2plaintiff believes are possessed by the respondent; whether
3the respondent is subject to a current protective order or
4no-contact order; and whether any legal proceedings are pending
5between the plaintiff and respondent.
6In lieu of personal service of an extreme risk protective
7order on a respondent, the bill allows a sheriff of any county
8in this state or any peace officer or corrections officer
9in this state to serve the respondent with a short-form
10notification to effectuate service of an unserved order.
11Short-form notification includes service during traffic stops
12and other contacts with the respondent by a sheriff, peace
13officer, or corrections officer in this state in the course of
14performing official duties.
15The bill requires the department of justice to prescribe
16standard forms to be used by a plaintiff proceeding pro se when
17filing an extreme risk protective order petition.
18The bill permits a county attorney’s office to provide
19assistance to a plaintiff wishing to initiate the filing of an
20extreme risk protective order petition or to a plaintiff at any
21stage of a proceeding under the bill, if the plaintiff does
22not have sufficient funds to pay for legal assistance and if
23the assistance does not create a conflict of interest for the
24county attorney’s office.
25The bill permits the plaintiff to use an alternate mailing
26address for the purposes of filing a petition for an extreme
27risk protective order including the mailing address of a
28shelter or other agency, a public or private post office box,
29or any other mailing address with permission of the resident of
30that address.
31The bill requires that hearing on the petition for an extreme
32risk protective order shall occur not less than five but no
33more than 15 days after commencing the proceeding and after
34notice to the respondent.
35The bill provides that upon hearing on the petition, if
-16-1the court finds by a preponderance of the evidence that the
2respondent presents a significant danger to the respondent’s
3self or others by possessing, shipping, transporting, or
4receiving firearms, the court shall issue an extreme risk
5protective order for a period of one year. In determining
6whether grounds for an extreme risk protective order exist,
7the court may consider any relevant evidence including but not
8limited to the following: a recent act or threat of violence
9by the respondent against the respondent’s self or others; a
10pattern of acts or threats of violence against the respondent’s
11self or others by the respondent within the preceding twelve
12months of the filing of the petition; any serious mental
13impairment of the respondent; any previous violations of
14no-contact orders or protective orders by the respondent; a
15previous issuance of an extreme risk protective order issued
16against the respondent; a previous domestic abuse assault
17conviction; the possession of a firearm or the reckless use,
18display, or brandishing of a firearm by the respondent; any
19history of use of physical force by the respondent against
20another person; any prior criminal history of the respondent;
21and evidence of abuse of a controlled substance or alcohol by
22the respondent.
23EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows
24a plaintiff to request an emergency extreme risk protective
25order, without notice to the respondent, by including in the
26petition detailed allegations based on personal knowledge that
27the respondent poses a significant danger to the respondent’s
28self or others, in the near future, by possessing, shipping,
29transporting, or receiving firearms. If the court finds good
30cause to believe that the respondent presents a significant
31danger to the respondent’s self or others, in the near future,
32by possessing, shipping, transporting, or receiving firearms,
33the court shall issue an emergency extreme risk protective
34order.
35The court shall hold an emergency extreme risk protective
-17-1order hearing in person or by telephone on the day the petition
2is filed.
3When the court is unavailable from the close of business
4at the end of the day or week to the resumption of business
5at the beginning of the day or week, the bill provides that
6a petition for an extreme risk protective order may be filed
7before a district judge, or district associate judge designated
8by the chief judge of the judicial district, who may grant
9emergency relief, if the district judge or district associate
10judge finds good cause to believe that the respondent presents
11a significant danger to the respondent’s self or others, in
12the near future, by possessing, shipping, transporting, or
13receiving firearms.
14The emergency extreme risk protective order shall be
15in effect until the issuance of an extreme risk protective
16order after a hearing on the petition for an extreme risk
17protective order or the court determines at the hearing on the
18petition the plaintiff has not proven by a preponderance of
19the evidence that the respondent presents a significant danger
20to the respondent’s self or others by possessing, shipping,
21transporting, or receiving firearms.
22In lieu of personal service of an emergency extreme risk
23protective order on a respondent, the bill allows a sheriff of
24any county in this state or any peace officer or corrections
25officer to serve the respondent with a short-form notification
26to effectuate the service on an unserved order. Short-form
27notification includes service during traffic stops and other
28contacts with the respondent by the sheriff, peace officer, or
29corrections officer.
30REQUEST TO TERMINATE ORDER. Under the bill, the respondent
31may submit a request for a hearing to terminate an extreme risk
32protective order during each 12-month period that the order is
33in effect, beginning from the date of the order and continuing
34through any extensions. The bill provides that the respondent
35shall have the burden of proving by a preponderance of the
-18-1evidence that the respondent does not present a significant
2danger to the respondent’s self or others by possessing,
3shipping, transporting, or receiving firearms.
4EXTENSION OF ORDER. An extreme risk protective order may be
5extended under the bill. A family member may by motion request
6an extension of an extreme risk protective order within 90
7days of the expiration of the order. The bill provides that
8if the court finds by a preponderance of the evidence that the
9requirements for issuance of an extreme risk protective order
10continue to be met, the court shall extend the order.
11SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the
12issuance of an extreme risk protective order or an emergency
13extreme risk protective order, the bill provides that the court
14shall order the respondent to immediately surrender to the law
15enforcement agency named in the protective order, all firearms
16possessed by the respondent and any permit to carry weapons or
17permit to acquire possessed by the respondent, within 48 hours
18of being served with the order or within 48 hours of the end of
19the hearing on the petition at which the respondent was present
20and an order was subsequently issued.
21The bill requires that at the time of surrendering any
22firearms, a peace officer taking possession of any firearms
23shall issue a receipt identifying all firearms that have
24been surrendered and provide a copy of the receipt to the
25respondent.
26Upon a sworn statement or testimony of the petitioner or of
27any peace officer alleging that the respondent has failed to
28comply with the surrender of firearms and permits as required
29by any order, the bill requires the court to determine whether
30probable cause exists to believe that the respondent has failed
31to surrender all firearms or permits in the possession of the
32respondent. If probable cause exists, the bill requires the
33court to issue a search warrant describing the firearms and
34authorizing a search of the locations where the firearms are
35reasonably believed to be and the seizure of any firearms
-19-1discovered in the search.
2If a person other than the respondent claims to own any of
3the firearms seized or surrendered pursuant to the bill and the
4law enforcement agency where the firearms are stored determines
5the person to be the lawful owner of the firearms, the firearms
6shall be returned to the lawful owner if the lawful owner
7agrees to store the firearms in such a manner that prevents
8the respondent from having access to the firearms during the
9time an extreme risk protective order or emergency extreme risk
10protective order is in effect. Under the bill, the lawful
11owner commits a serious misdemeanor if the respondent is later
12found to have access to the firearms while an extreme risk
13protective order or emergency extreme risk protective order is
14in effect against the respondent.
15Upon the issuance of an extreme risk protective order, the
16bill requires the court to order a new hearing within three
17business days of the issuance of the extreme risk protective
18order that requires the respondent to provide evidence to the
19court that the respondent has surrendered any firearms in
20the possession of the respondent. The court may dismiss the
21hearing upon a satisfactory showing the respondent has complied
22with the extreme risk protective order.
23All law enforcement agencies must develop policies and
24procedures by June 1, 2020, regarding the acceptance, storage,
25and return of firearms surrendered to a law enforcement agency
26under the bill.
27RETURN OF FIREARMS. Under the bill, if an extreme risk
28protective order is terminated or expires without an extension,
29the law enforcement agency holding any firearms surrendered by
30the respondent shall return any firearms to the respondent upon
31request of the respondent, provided the respondent is eligible
32to possess a firearm.
33Notwithstanding Code section 809.21 (disposition of seized
34property — sale of certain ammunition and firearms) for
35firearms that remain unclaimed by the lawful owner, the
-20-1firearms shall be destroyed pursuant to 661 IAC 95.8.
2PENALTIES. The bill provides that a respondent shall not
3be eligible to obtain a permit to carry weapons or a permit to
4acquire pistols or revolvers while an extreme risk protective
5order or emergency risk protective order is in effect against
6the respondent.
7The bill provides that a plaintiff who files a petition for
8an extreme protective order knowing the information in the
9petition to be materially false commits a serious misdemeanor.
10The bill provides that a respondent who possesses a firearm,
11or who ships, transports, or receives, or attempts to ship,
12transport, or receive such a firearm while an extreme risk
13protective order or emergency extreme risk protective order
14is in effect against the respondent commits an aggravated
15misdemeanor. A respondent who violates this provision shall
16be prohibited from possessing, shipping, transporting, or
17receiving a firearm for a period of five years from the date of
18the conviction. If, during the five-year prohibition period
19the respondent knowingly has under the respondent’s dominion
20and control or possession, or ships, transports, or receives,
21or causes to be shipped, transported, or received a firearm,
22the respondent commits a class “D” felony.
-21-mo/rh