House File 2255 - Introduced
HOUSE FILE
BY HUNTER, KELLEY,
KEARNS, and STAED
A BILL FOR
1 An Act relating to firearm violence protective orders and
2 making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 724.26, subsection 2, paragraph a, Code
1 2 2016, is amended to read as follows:
1 3 a. Except as provided in paragraph "b", a person who is
1 4 subject to a protective order under 18 U.S.C. {922(g)(8) or who
1 5 has been convicted of a misdemeanor crime of domestic violence
1 6 under 18 U.S.C. {922(g)(9) and who knowingly possesses,
1 7 ships, transports, or receives a firearm, offensive weapon, or
1 8 ammunition and who is any of the following is guilty of a class
1 9 "D" felony.:
1 10 (i) Is subject to a protective order under 18 U.S.C.
1 11 {922(g)(8).
1 12 (ii) Has been convicted of a misdemeanor crime of domestic
1 13 violence under 18 U.S.C. {922(g)(9).
1 14 (iii) Is subject to a firearm violence protective order
1 15 under chapter 724A.
1 16 Sec. 2. NEW SECTION. 724A.1 Definitions.
1 17 For purposes of this chapter, unless the context clearly
1 18 indicates otherwise:
1 19 1. "Firearm violence protective order" means a court order
1 20 issued pursuant to this chapter prohibiting a person from
1 21 possessing, shipping, transporting, or receiving firearms,
1 22 offensive weapons, or ammunition.
1 23 2. "Immediate family member" means all of the following of
1 24 a respondent:
1 25 a. Husband or wife.
1 26 b. Natural or adoptive parent, child, or sibling.
1 27 c. Stepparent, stepchild, or stepsibling.
1 28 d. Father=in=law, mother=in=law, son=in=law,
1 29 daughter=in=law, brother=in=law, or sister=in=law.
1 30 e. Grandparent or grandchild.
1 31 3. "Law enforcement officer" means the same as defined in
1 32 section 80B.3.
1 33 4. "Respondent" means a person against whom a petition is
1 34 filed under this chapter.
1 35 Sec. 3. NEW SECTION. 724A.2 Temporary emergency firearm
2 1 violence protective order.
2 2 1. When the court is unavailable from the close of business
2 3 at the end of the day or week to the resumption of business
2 4 at the beginning of the next day or week, a law enforcement
2 5 officer may orally contact a district judge or district
2 6 associate judge designated by the chief judge of the judicial
2 7 district, who may grant emergency relief if the district judge
2 8 or district associate judge finds that there is reasonable
2 9 cause to believe all of the following:
2 10 a. The respondent poses an immediate and present danger
2 11 of causing physical injury to the respondent's self or others
2 12 by possessing, shipping, transporting, or receiving firearms,
2 13 offensive weapons, or ammunition.
2 14 b. A temporary emergency firearm violence protective order
2 15 is necessary to prevent physical injury to the respondent's
2 16 self or others because less restrictive alternatives either
2 17 have been tried and found to be ineffective or are determined
2 18 to be inadequate or inappropriate for the respondent's
2 19 circumstances.
2 20 2. A temporary emergency firearm violence protective order
2 21 issued pursuant to this section shall prohibit the respondent
2 22 from possessing, shipping, transporting, or receiving firearms,
2 23 offensive weapons, or ammunition or attempting to possess,
2 24 ship, transport, or receive firearms, offensive weapons, or
2 25 ammunition, and shall expire twenty=one days from the date the
2 26 order is issued.
2 27 Sec. 4. NEW SECTION. 724A.3 Ex parte firearm violence
2 28 protective order.
2 29 1. An immediate family member or a law enforcement officer
2 30 may file a petition requesting that the court issue an ex parte
2 31 firearm violence protective order enjoining the respondent from
2 32 possessing, shipping, transporting, or receiving firearms,
2 33 offensive weapons, or ammunition.
2 34 2. A court shall issue an ex parte firearm violence
2 35 protective order if the petition, supported by an affidavit
3 1 made in writing and any additional information and signed by
3 2 the petitioner under oath, shows a substantial likelihood that
3 3 all of the following conditions exist:
3 4 a. The respondent poses a significant danger, in the near
3 5 future, of causing physical injury to the respondent's self
3 6 or others by possessing, shipping, transporting, or receiving
3 7 firearms, offensive weapons, or ammunition as determined by
3 8 evidence of any of the following:
3 9 (1) A recent threat of violence or act of violence by the
3 10 respondent directed toward the respondent's self or others.
3 11 For the purposes of this subparagraph, "recent" means within the
3 12 last six months prior to the date the petition was filed.
3 13 (2) A pattern of violent acts or violent threats within the
3 14 past twelve months, including but not limited to threats of
3 15 violence or acts of violence by the respondent directed toward
3 16 the respondent's self or others.
3 17 (3) The unlawful and reckless use, display, or brandishing
3 18 of a firearm, offensive weapon, or ammunition by the
3 19 respondent.
3 20 (4) Other evidence of an increased risk of violence by the
3 21 respondent.
3 22 b. An ex parte firearm violence protective order is
3 23 necessary to prevent physical injury to the respondent's self
3 24 or others because less restrictive alternatives have been tried
3 25 and found to be ineffective, or are determined to be inadequate
3 26 or inappropriate for the circumstances of the respondent.
3 27 3. If the court determines that grounds exist to issue an ex
3 28 parte firearm violence protective order, the court shall issue
3 29 an ex parte firearm violence protective order that prohibits
3 30 the respondent from possessing, shipping, transporting, or
3 31 receiving firearms, offensive weapons, or ammunition, and that
3 32 expires not later than twenty=one days from the date the order
3 33 is issued.
3 34 4. Within twenty=one days from the date the order is issued,
3 35 the court shall hold a hearing to determine if a firearm
4 1 violence protective order should be issued for a period of one
4 2 year pursuant to section 724A.4.
4 3 Sec. 5. NEW SECTION. 724A.4 Firearm violence protective
4 4 order == notice and hearing.
4 5 1. Subsequent to the issuance of an ex parte firearm
4 6 violence protective order pursuant to section 724A.3, an
4 7 immediate family member or a law enforcement officer may
4 8 request the court, after notice and a hearing, to issue a
4 9 firearm violence protective order enjoining the respondent from
4 10 possessing, shipping, transporting, or receiving firearms,
4 11 offensive weapons, or ammunition for a period of one year.
4 12 2. In determining whether to issue a firearm violence
4 13 protective order under this section, the court shall consider
4 14 evidence of any of the following:
4 15 a. A recent threat of violence or act of violence by the
4 16 respondent directed toward the respondent's self or others.
4 17 For the purposes of this paragraph, "recent" means within the
4 18 last six months prior to the date the petition was filed.
4 19 b. A pattern of violent acts or violent threats within the
4 20 past twelve months, including but not limited to threats of
4 21 violence or acts of violence by the respondent directed toward
4 22 the respondent's self or others.
4 23 c. The unlawful and reckless use, display, or brandishing of
4 24 a firearm, offensive weapon, or ammunition by the respondent.
4 25 d. Other evidence of an increased risk for violence by the
4 26 respondent.
4 27 3. At the hearing, the petitioner shall have the burden
4 28 of proving, by clear and convincing evidence, all of the
4 29 following:
4 30 a. The respondent poses a significant danger of personal
4 31 injury to the respondent's self or others by possessing,
4 32 shipping, transporting, or receiving firearms, offensive
4 33 weapons, or ammunition.
4 34 b. A firearm violence protective order is necessary to
4 35 prevent physical injury to the respondent's self or others
5 1 because less restrictive alternatives have been tried and
5 2 found to be ineffective or are determined to be inadequate or
5 3 inappropriate for the respondent's circumstances.
5 4 c. (1) If the court finds that there is clear and
5 5 convincing evidence to issue a firearm violence protective
5 6 order, the court shall issue a firearm violence protective
5 7 order that prohibits the respondent from having in the
5 8 respondent's custody or control, or owning, purchasing,
5 9 possessing, or receiving, or attempting to purchase or receive,
5 10 a firearm, offensive weapon, or ammunition, and that expires
5 11 one year from the date of the order.
5 12 (2) If the court finds that there is not clear and
5 13 convincing evidence to support the issuance of a firearm
5 14 violence protective order, the court shall dissolve any
5 15 temporary emergency or ex parte firearm violence protective
5 16 order then in effect.
5 17 Sec. 6. NEW SECTION. 724A.5 Judicial branch forms and
5 18 rules.
5 19 The judicial branch shall prescribe standard forms and rules
5 20 necessary or expedient to carry out the intent and purposes of
5 21 this chapter.
5 22 EXPLANATION
5 23 The inclusion of this explanation does not constitute agreement with
5 24 the explanation's substance by the members of the general assembly.
5 25 This bill relates to firearm violence protective orders and
5 26 makes penalties applicable.
5 27 The bill establishes three categories of firearm violence
5 28 protective orders: (1) a temporary emergency firearm violence
5 29 protective order (available outside of regular court hours),
5 30 (2) an ex parte firearm violence protective order, and (3)
5 31 a firearm violence protective order issued after notice and
5 32 hearing.
5 33 TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER.
5 34 The bill provides that a law enforcement officer may seek
5 35 a temporary emergency firearm protective order by orally
6 1 contacting a judicial officer. A court may issue a temporary
6 2 emergency firearm protective order if a judicial officer
6 3 finds there is reasonable cause to believe that a person
6 4 poses an immediate and present danger of physical injury to
6 5 the respondent's self or others by possessing, shipping,
6 6 transporting, or receiving firearms, offensive weapons, or
6 7 ammunition and that a temporary emergency firearm violence
6 8 protective order is necessary to prevent physical injury to
6 9 the respondent's self or others because less restrictive
6 10 alternatives have been tried and found to be ineffective or
6 11 are determined to be inadequate or inappropriate for the
6 12 respondent's circumstances. A temporary emergency firearm
6 13 violence protective order issued under the bill shall prohibit
6 14 the respondent from possessing, shipping, transporting,
6 15 or receiving firearms, offensive weapons, or ammunition or
6 16 attempting to possess, ship, transport, or receive a firearm,
6 17 offensive weapon, or ammunition, and expires 21 days from the
6 18 date the order is issued.
6 19 EX PARTE FIREARM VIOLENCE PROTECTIVE ORDER. An immediate
6 20 family member of a respondent or a law enforcement officer
6 21 may file a petition requesting the court to issue an ex parte
6 22 firearm violence protective order enjoining the respondent
6 23 from possessing, shipping, transporting, or receiving
6 24 firearms, offensive weapons, or ammunition. A court shall
6 25 issue an ex parte firearm violence protective order if the
6 26 petition, supported by an affidavit made in writing and any
6 27 additional information and signed by the petitioner under
6 28 oath, shows a substantial likelihood that the respondent poses
6 29 a significant danger, in the near future, of physical injury
6 30 to the respondent's self or others by possessing, shipping,
6 31 transporting, or receiving firearms, offensive weapons, or
6 32 ammunition as determined by certain evidence including threats
6 33 of or acts of violence by the respondent, and that the order is
6 34 necessary to prevent physical injury to the respondent's self
6 35 or others because less restrictive alternatives have been tried
7 1 and found to be ineffective, or are determined to be inadequate
7 2 or inappropriate for the circumstances of the respondent.
7 3 If the court issues an ex parte firearm violence protective
7 4 order that prohibits the respondent from possessing, shipping,
7 5 transporting, or receiving firearms, offensive weapons, or
7 6 ammunition, the order expires not later than 21 days from the
7 7 date the order is issued. Within 21 days after the date the
7 8 order is issued, the court shall hold a hearing to determine
7 9 if a firearm violence protective order should be issued for a
7 10 period of one year.
7 11 FIREARM PROTECTIVE ORDER == NOTICE AND HEARING. Subsequent
7 12 to the issuance of an ex parte firearm violence protective
7 13 order, an immediate family member or a law enforcement officer
7 14 may request the court, after notice and a hearing, to issue
7 15 a firearm violence protective order enjoining the respondent
7 16 from possessing, shipping, transporting, or receiving firearms,
7 17 offensive weapons, or ammunition for a period of one year. The
7 18 court may consider additional evidence to determine whether
7 19 to issue a firearm violence protective order for a period of
7 20 one year. The evidentiary requirements and standard of review
7 21 are similar to those required for an ex parte firearm violence
7 22 protective order.
7 23 PENALTIES. Under current Code section 724.26, a person who
7 24 is the subject of a domestic abuse protective order or who has
7 25 been convicted of a misdemeanor crime of domestic violence
7 26 under federal law who knowingly possesses, ships, transports,
7 27 or receives a firearm, offensive weapon, or ammunition is
7 28 guilty of a class "D" felony. The bill expands this category
7 29 of persons to include a person who is the subject of a firearm
7 30 violence protective order under the bill. The bill makes
7 31 certain provisions contained in Code section 724.26 relating to
7 32 the surrender of any firearm, offensive weapon, or ammunition
7 33 in the possession of a prohibited person under the bill,
7 34 including certain transfer, sale, reporting information, and
7 35 the return of any firearms, offensive weapons, and ammunition
8 1 to the person upon the expiration of the firearm protective
8 2 order.
8 3 RULES. The bill requires the judicial branch to prescribe
8 4 forms and rules necessary to carry out the intent and purposes
8 5 of the bill.
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