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House File 24 - IntroducedA Bill ForAn Act 1relating to firearm violence protective orders and
2making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.26, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. Except as provided in paragraph “b”, a person who is
4subject to a protective order under 18 U.S.C. §922(g)(8) or who
5has been convicted of a misdemeanor crime of domestic violence
6under 18 U.S.C. §922(g)(9) and who knowingly possesses,
7ships, transports, or receives a firearm, offensive weapon, or
8ammunition and who is any of the following is guilty of a class
9“D” felony.:
10(1) Is subject to a protective order under 18 U.S.C.
11§922(g)(8).
12(2) Has been convicted of a misdemeanor crime of domestic
13violence under 18 U.S.C. §922(g)(9).
14(3) Is subject to a firearm violence protective order under
15chapter 724A.
16 Sec. 2. NEW SECTION. 724A.1 Definitions.
17For purposes of this chapter, unless the context clearly
18indicates otherwise:
191. “Firearm violence protective order” means a court order
20issued pursuant to this chapter prohibiting a person from
21possessing, shipping, transporting, or receiving firearms,
22offensive weapons, or ammunition.
232. “Immediate family member” means all of the following of
24a respondent:
25a. Spouse.
26b. Natural or adoptive parent, child, or sibling.
27c. Stepparent, stepchild, or stepsibling.
28d. Father-in-law, mother-in-law, son-in-law,
29daughter-in-law, brother-in-law, or sister-in-law.
30e. Grandparent or grandchild.
313. “Law enforcement officer” means the same as defined in
32section 80B.3.
334. “Respondent” means a person against whom a petition is
34filed under this chapter.
-1-1 Sec. 3. NEW SECTION. 724A.2 Temporary emergency firearm
2violence protective order.
31. When 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 next day or week, a law enforcement
6officer may orally contact a district judge or district
7associate judge designated by the chief judge of the judicial
8district, who may grant temporary emergency relief if the
9district judge or district associate judge finds that there is
10reasonable cause to believe all of the following:
11a. The respondent poses an immediate and present danger
12of causing physical injury to the respondent’s self or others
13by possessing, shipping, transporting, or receiving firearms,
14offensive weapons, or ammunition.
15b. A temporary emergency firearm violence protective order
16is necessary to prevent physical injury to the respondent’s
17self or others because less restrictive alternatives either
18have been tried and found to be ineffective or are determined
19to be inadequate or inappropriate for the respondent’s
20circumstances.
212. A temporary emergency firearm violence protective order
22issued pursuant to this section shall prohibit the respondent
23from possessing, shipping, transporting, or receiving firearms,
24offensive weapons, or ammunition or attempting to possess,
25ship, transport, or receive firearms, offensive weapons, or
26ammunition, and shall expire twenty-one days from the date the
27order is issued.
28 Sec. 4. NEW SECTION. 724A.3 Ex parte temporary firearm
29violence protective order.
301. An immediate family member or a law enforcement officer
31may file a petition requesting that the court issue an ex parte
32firearm violence protective order enjoining the respondent from
33possessing, shipping, transporting, or receiving firearms,
34offensive weapons, or ammunition.
352. A court shall issue an ex parte temporary firearm
-2-1violence protective order if the petition, supported by a
2written affidavit signed by the petitioner under oath and any
3additional information, shows a substantial likelihood that all
4of the following conditions exist:
5a. The respondent poses a significant danger, in the near
6future, of causing physical injury to the respondent’s self
7or others by possessing, shipping, transporting, or receiving
8firearms, offensive weapons, or ammunition as determined by
9evidence of any of the following:
10(1) A recent threat of violence or act of violence by the
11respondent directed toward the respondent’s self or others.
12For the purposes of this subparagraph, “recent” means within the
13last six months prior to the date the petition was filed.
14(2) A pattern of violent acts or violent threats within the
15past twelve months, including but not limited to threats of
16violence or acts of violence by the respondent directed toward
17the respondent’s self or others.
18(3) The unlawful and reckless use, display, or brandishing
19of a firearm, offensive weapon, or ammunition by the
20respondent.
21(4) Other evidence indicating an increased risk of violence
22by the respondent.
23b. An ex parte temporary firearm violence protective order
24is necessary to prevent physical injury to the respondent’s
25self or others because less restrictive alternatives have
26been tried and found to be ineffective, or are determined to
27be inadequate or inappropriate for the circumstances of the
28respondent.
293. If the court determines that grounds exist to issue an ex
30parte temporary firearm violence protective order, the court
31shall issue an ex parte temporary firearm violence protective
32order that prohibits the respondent from possessing, shipping,
33transporting, or receiving firearms, offensive weapons, or
34ammunition, or attempting to possess, ship, transport, or
35receive firearms, offensive weapons, or ammunition, and that
-3-1expires not later than twenty-one days from the date the order
2is issued.
34. Within twenty-one days from the date the order is issued,
4the court shall hold a hearing to determine if a firearm
5violence protective order should be issued for a period of one
6year pursuant to section 724A.4.
7 Sec. 5. NEW SECTION. 724A.4 Firearm violence protective
8order — notice and hearing.
91. Subsequent to the issuance of an ex parte firearm
10violence protective order pursuant to section 724A.3, an
11immediate family member or a law enforcement officer may
12request the court, after notice and a hearing, to issue a
13firearm violence protective order enjoining the respondent from
14possessing, shipping, transporting, or receiving firearms,
15offensive weapons, or ammunition for a period of one year.
162. In determining whether to issue a firearm violence
17protective order under this section, the court shall consider
18evidence of any of the following:
19a. A recent threat of violence or act of violence by the
20respondent directed toward the respondent’s self or others.
21For the purposes of this paragraph, “recent” means within the
22last six months prior to the date the petition was filed.
23b. A pattern of violent acts or violent threats within the
24past twelve months, including but not limited to threats of
25violence or acts of violence by the respondent directed toward
26the respondent’s self or others.
27c. The unlawful and reckless use, display, or brandishing of
28a firearm, offensive weapon, or ammunition by the respondent.
29d. Other evidence indicating an increased risk for violence
30by the respondent.
313. At the hearing, the petitioner shall have the burden
32of proving, by clear and convincing evidence, all of the
33following:
34a. The respondent poses a significant danger of personal
35injury to the respondent’s self or others by possessing,
-4-1shipping, transporting, or receiving firearms, offensive
2weapons, or ammunition.
3b. A firearm violence protective order is necessary to
4prevent physical injury to the respondent’s self or others
5because less restrictive alternatives have been tried and
6found to be ineffective or are determined to be inadequate or
7inappropriate for the respondent’s circumstances.
8c. (1) If the court finds that there is clear and
9convincing evidence to issue a firearm violence protective
10order, the court shall issue a firearm violence protective
11order that prohibits the respondent from having in the
12respondent’s custody or control, or owning, purchasing,
13possessing, or receiving, or attempting to purchase or receive,
14a firearm, offensive weapon, or ammunition, and that expires
15one year from the date of the order.
16(2) If the court finds that there is not clear and
17convincing evidence to support the issuance of a firearm
18violence protective order, the court shall dissolve any
19temporary emergency or ex parte firearm violence protective
20order then in effect.
21 Sec. 6. NEW SECTION. 724A.5 Judicial branch forms and
22rules.
23The supreme court shall prescribe standard forms and rules
24necessary or expedient to carry out the intent and purposes of
25this chapter.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to firearm violence protective orders and
30makes penalties applicable.
31The bill establishes three categories of firearm violence
32protective orders: (1) a temporary emergency firearm violence
33protective order (available outside of regular court hours),
34(2) an ex parte firearm violence protective order, and (3)
35a firearm violence protective order issued after notice and
-5-1hearing.
2TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER.
3 The bill provides that a law enforcement officer may seek
4a temporary emergency firearm protective order by orally
5contacting a judicial officer. A court may issue a temporary
6emergency firearm protective order if a judicial officer
7finds there is reasonable cause to believe that a person
8poses an immediate and present danger of physical injury to
9the respondent’s self or others by possessing, shipping,
10transporting, or receiving firearms, offensive weapons, or
11ammunition and that a temporary emergency firearm violence
12protective order is necessary to prevent physical injury to
13the respondent’s self or others because less restrictive
14alternatives have been tried and found to be ineffective or
15are determined to be inadequate or inappropriate for the
16respondent’s circumstances. A temporary emergency firearm
17violence protective order issued under the bill shall prohibit
18the respondent from possessing, shipping, transporting,
19or receiving firearms, offensive weapons, or ammunition or
20attempting to possess, ship, transport, or receive a firearm,
21offensive weapon, or ammunition, and expires 21 days from the
22date the order is issued.
23EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An
24immediate family member of a respondent or a law enforcement
25officer may file a petition requesting the court to issue an
26ex parte temporary firearm violence protective order enjoining
27the respondent from possessing, shipping, transporting, or
28receiving firearms, offensive weapons, or ammunition. A
29court shall issue an ex parte temporary firearm violence
30protective order if the petition, supported by an affidavit
31made in writing and any additional information and signed by
32the petitioner under oath, shows a substantial likelihood
33that the respondent poses a significant danger, in the
34near future, of physical injury to the respondent’s self or
35others by possessing, shipping, transporting, or receiving
-6-1firearms, offensive weapons, or ammunition as determined by
2certain evidence including threats of or acts of violence by
3the respondent, and that the order is necessary to prevent
4physical injury to the respondent’s self or others because
5less restrictive alternatives have been tried and found
6to be ineffective, or are determined to be inadequate or
7inappropriate for the circumstances of the respondent. If the
8court issues an ex parte temporary firearm violence protective
9order that prohibits the respondent from possessing, shipping,
10transporting, or receiving firearms, offensive weapons, or
11ammunition, or attempting to possess, ship, transport, or
12receive firearms, offensive weapons, or ammunition, the order
13expires not later than 21 days from the date the order is
14issued. Within 21 days after the date the order is issued, the
15court shall hold a hearing to determine if a firearm violence
16protective order should be issued for a period of one year.
17FIREARM VIOLENCE PROTECTIVE ORDER — NOTICE AND HEARING.
18 Subsequent to the issuance of an ex parte firearm violence
19protective order, an immediate family member or a law
20enforcement officer may request the court, after notice and a
21hearing, to issue a firearm violence protective order enjoining
22the respondent from possessing, shipping, transporting, or
23receiving firearms, offensive weapons, or ammunition for a
24period of one year. The court may consider additional evidence
25to determine whether to issue a firearm violence protective
26order for a period of one year. The evidentiary requirements
27and standard of review are similar to those required for an ex
28parte firearm violence protective order.
29PENALTIES. Under current Code section 724.26, a person who
30is the subject of a domestic abuse protective order or who has
31been convicted of a misdemeanor crime of domestic violence
32under federal law who knowingly possesses, ships, transports,
33or receives a firearm, offensive weapon, or ammunition is
34guilty of a class “D” felony. The bill expands this category
35of persons to include a person who is the subject of a firearm
-7-1violence protective order under the bill. A class “D” felony
2is punishable by confinement for no more than five years and
3a fine of at least $1,025 but not more than $10,245. The bill
4makes applicable certain provisions contained in Code section
5724.26 relating to the surrender of any firearm, offensive
6weapon, or ammunition in the possession of a prohibited person
7under the bill, including certain transfer, sale, reporting
8information, and the return of any firearms, offensive weapons,
9and ammunition to the person upon the expiration of the firearm
10protective order.
11RULES. The bill requires the supreme court to prescribe
12forms and rules necessary to carry out the intent and purposes
13of the bill.
-8-js/rh
2making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.26, subsection 2, paragraph a, Code
22021, is amended to read as follows:
3a. Except as provided in paragraph “b”, a person who is
4subject to a protective order under 18 U.S.C. §922(g)(8) or who
5has been convicted of a misdemeanor crime of domestic violence
6under 18 U.S.C. §922(g)(9) and who knowingly possesses,
7ships, transports, or receives a firearm, offensive weapon, or
8ammunition and who is any of the following is guilty of a class
9“D” felony.:
10(1) Is subject to a protective order under 18 U.S.C.
11§922(g)(8).
12(2) Has been convicted of a misdemeanor crime of domestic
13violence under 18 U.S.C. §922(g)(9).
14(3) Is subject to a firearm violence protective order under
15chapter 724A.
16 Sec. 2. NEW SECTION. 724A.1 Definitions.
17For purposes of this chapter, unless the context clearly
18indicates otherwise:
191. “Firearm violence protective order” means a court order
20issued pursuant to this chapter prohibiting a person from
21possessing, shipping, transporting, or receiving firearms,
22offensive weapons, or ammunition.
232. “Immediate family member” means all of the following of
24a respondent:
25a. Spouse.
26b. Natural or adoptive parent, child, or sibling.
27c. Stepparent, stepchild, or stepsibling.
28d. Father-in-law, mother-in-law, son-in-law,
29daughter-in-law, brother-in-law, or sister-in-law.
30e. Grandparent or grandchild.
313. “Law enforcement officer” means the same as defined in
32section 80B.3.
334. “Respondent” means a person against whom a petition is
34filed under this chapter.
-1-1 Sec. 3. NEW SECTION. 724A.2 Temporary emergency firearm
2violence protective order.
31. When 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 next day or week, a law enforcement
6officer may orally contact a district judge or district
7associate judge designated by the chief judge of the judicial
8district, who may grant temporary emergency relief if the
9district judge or district associate judge finds that there is
10reasonable cause to believe all of the following:
11a. The respondent poses an immediate and present danger
12of causing physical injury to the respondent’s self or others
13by possessing, shipping, transporting, or receiving firearms,
14offensive weapons, or ammunition.
15b. A temporary emergency firearm violence protective order
16is necessary to prevent physical injury to the respondent’s
17self or others because less restrictive alternatives either
18have been tried and found to be ineffective or are determined
19to be inadequate or inappropriate for the respondent’s
20circumstances.
212. A temporary emergency firearm violence protective order
22issued pursuant to this section shall prohibit the respondent
23from possessing, shipping, transporting, or receiving firearms,
24offensive weapons, or ammunition or attempting to possess,
25ship, transport, or receive firearms, offensive weapons, or
26ammunition, and shall expire twenty-one days from the date the
27order is issued.
28 Sec. 4. NEW SECTION. 724A.3 Ex parte temporary firearm
29violence protective order.
301. An immediate family member or a law enforcement officer
31may file a petition requesting that the court issue an ex parte
32firearm violence protective order enjoining the respondent from
33possessing, shipping, transporting, or receiving firearms,
34offensive weapons, or ammunition.
352. A court shall issue an ex parte temporary firearm
-2-1violence protective order if the petition, supported by a
2written affidavit signed by the petitioner under oath and any
3additional information, shows a substantial likelihood that all
4of the following conditions exist:
5a. The respondent poses a significant danger, in the near
6future, of causing physical injury to the respondent’s self
7or others by possessing, shipping, transporting, or receiving
8firearms, offensive weapons, or ammunition as determined by
9evidence of any of the following:
10(1) A recent threat of violence or act of violence by the
11respondent directed toward the respondent’s self or others.
12For the purposes of this subparagraph, “recent” means within the
13last six months prior to the date the petition was filed.
14(2) A pattern of violent acts or violent threats within the
15past twelve months, including but not limited to threats of
16violence or acts of violence by the respondent directed toward
17the respondent’s self or others.
18(3) The unlawful and reckless use, display, or brandishing
19of a firearm, offensive weapon, or ammunition by the
20respondent.
21(4) Other evidence indicating an increased risk of violence
22by the respondent.
23b. An ex parte temporary firearm violence protective order
24is necessary to prevent physical injury to the respondent’s
25self or others because less restrictive alternatives have
26been tried and found to be ineffective, or are determined to
27be inadequate or inappropriate for the circumstances of the
28respondent.
293. If the court determines that grounds exist to issue an ex
30parte temporary firearm violence protective order, the court
31shall issue an ex parte temporary firearm violence protective
32order that prohibits the respondent from possessing, shipping,
33transporting, or receiving firearms, offensive weapons, or
34ammunition, or attempting to possess, ship, transport, or
35receive firearms, offensive weapons, or ammunition, and that
-3-1expires not later than twenty-one days from the date the order
2is issued.
34. Within twenty-one days from the date the order is issued,
4the court shall hold a hearing to determine if a firearm
5violence protective order should be issued for a period of one
6year pursuant to section 724A.4.
7 Sec. 5. NEW SECTION. 724A.4 Firearm violence protective
8order — notice and hearing.
91. Subsequent to the issuance of an ex parte firearm
10violence protective order pursuant to section 724A.3, an
11immediate family member or a law enforcement officer may
12request the court, after notice and a hearing, to issue a
13firearm violence protective order enjoining the respondent from
14possessing, shipping, transporting, or receiving firearms,
15offensive weapons, or ammunition for a period of one year.
162. In determining whether to issue a firearm violence
17protective order under this section, the court shall consider
18evidence of any of the following:
19a. A recent threat of violence or act of violence by the
20respondent directed toward the respondent’s self or others.
21For the purposes of this paragraph, “recent” means within the
22last six months prior to the date the petition was filed.
23b. A pattern of violent acts or violent threats within the
24past twelve months, including but not limited to threats of
25violence or acts of violence by the respondent directed toward
26the respondent’s self or others.
27c. The unlawful and reckless use, display, or brandishing of
28a firearm, offensive weapon, or ammunition by the respondent.
29d. Other evidence indicating an increased risk for violence
30by the respondent.
313. At the hearing, the petitioner shall have the burden
32of proving, by clear and convincing evidence, all of the
33following:
34a. The respondent poses a significant danger of personal
35injury to the respondent’s self or others by possessing,
-4-1shipping, transporting, or receiving firearms, offensive
2weapons, or ammunition.
3b. A firearm violence protective order is necessary to
4prevent physical injury to the respondent’s self or others
5because less restrictive alternatives have been tried and
6found to be ineffective or are determined to be inadequate or
7inappropriate for the respondent’s circumstances.
8c. (1) If the court finds that there is clear and
9convincing evidence to issue a firearm violence protective
10order, the court shall issue a firearm violence protective
11order that prohibits the respondent from having in the
12respondent’s custody or control, or owning, purchasing,
13possessing, or receiving, or attempting to purchase or receive,
14a firearm, offensive weapon, or ammunition, and that expires
15one year from the date of the order.
16(2) If the court finds that there is not clear and
17convincing evidence to support the issuance of a firearm
18violence protective order, the court shall dissolve any
19temporary emergency or ex parte firearm violence protective
20order then in effect.
21 Sec. 6. NEW SECTION. 724A.5 Judicial branch forms and
22rules.
23The supreme court shall prescribe standard forms and rules
24necessary or expedient to carry out the intent and purposes of
25this chapter.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to firearm violence protective orders and
30makes penalties applicable.
31The bill establishes three categories of firearm violence
32protective orders: (1) a temporary emergency firearm violence
33protective order (available outside of regular court hours),
34(2) an ex parte firearm violence protective order, and (3)
35a firearm violence protective order issued after notice and
-5-1hearing.
2TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER.
3 The bill provides that a law enforcement officer may seek
4a temporary emergency firearm protective order by orally
5contacting a judicial officer. A court may issue a temporary
6emergency firearm protective order if a judicial officer
7finds there is reasonable cause to believe that a person
8poses an immediate and present danger of physical injury to
9the respondent’s self or others by possessing, shipping,
10transporting, or receiving firearms, offensive weapons, or
11ammunition and that a temporary emergency firearm violence
12protective order is necessary to prevent physical injury to
13the respondent’s self or others because less restrictive
14alternatives have been tried and found to be ineffective or
15are determined to be inadequate or inappropriate for the
16respondent’s circumstances. A temporary emergency firearm
17violence protective order issued under the bill shall prohibit
18the respondent from possessing, shipping, transporting,
19or receiving firearms, offensive weapons, or ammunition or
20attempting to possess, ship, transport, or receive a firearm,
21offensive weapon, or ammunition, and expires 21 days from the
22date the order is issued.
23EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An
24immediate family member of a respondent or a law enforcement
25officer may file a petition requesting the court to issue an
26ex parte temporary firearm violence protective order enjoining
27the respondent from possessing, shipping, transporting, or
28receiving firearms, offensive weapons, or ammunition. A
29court shall issue an ex parte temporary firearm violence
30protective order if the petition, supported by an affidavit
31made in writing and any additional information and signed by
32the petitioner under oath, shows a substantial likelihood
33that the respondent poses a significant danger, in the
34near future, of physical injury to the respondent’s self or
35others by possessing, shipping, transporting, or receiving
-6-1firearms, offensive weapons, or ammunition as determined by
2certain evidence including threats of or acts of violence by
3the respondent, and that the order is necessary to prevent
4physical injury to the respondent’s self or others because
5less restrictive alternatives have been tried and found
6to be ineffective, or are determined to be inadequate or
7inappropriate for the circumstances of the respondent. If the
8court issues an ex parte temporary firearm violence protective
9order that prohibits the respondent from possessing, shipping,
10transporting, or receiving firearms, offensive weapons, or
11ammunition, or attempting to possess, ship, transport, or
12receive firearms, offensive weapons, or ammunition, the order
13expires not later than 21 days from the date the order is
14issued. Within 21 days after the date the order is issued, the
15court shall hold a hearing to determine if a firearm violence
16protective order should be issued for a period of one year.
17FIREARM VIOLENCE PROTECTIVE ORDER — NOTICE AND HEARING.
18 Subsequent to the issuance of an ex parte firearm violence
19protective order, an immediate family member or a law
20enforcement officer may request the court, after notice and a
21hearing, to issue a firearm violence protective order enjoining
22the respondent from possessing, shipping, transporting, or
23receiving firearms, offensive weapons, or ammunition for a
24period of one year. The court may consider additional evidence
25to determine whether to issue a firearm violence protective
26order for a period of one year. The evidentiary requirements
27and standard of review are similar to those required for an ex
28parte firearm violence protective order.
29PENALTIES. Under current Code section 724.26, a person who
30is the subject of a domestic abuse protective order or who has
31been convicted of a misdemeanor crime of domestic violence
32under federal law who knowingly possesses, ships, transports,
33or receives a firearm, offensive weapon, or ammunition is
34guilty of a class “D” felony. The bill expands this category
35of persons to include a person who is the subject of a firearm
-7-1violence protective order under the bill. A class “D” felony
2is punishable by confinement for no more than five years and
3a fine of at least $1,025 but not more than $10,245. The bill
4makes applicable certain provisions contained in Code section
5724.26 relating to the surrender of any firearm, offensive
6weapon, or ammunition in the possession of a prohibited person
7under the bill, including certain transfer, sale, reporting
8information, and the return of any firearms, offensive weapons,
9and ammunition to the person upon the expiration of the firearm
10protective order.
11RULES. The bill requires the supreme court to prescribe
12forms and rules necessary to carry out the intent and purposes
13of the bill.
-8-js/rh