House File 397 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

  1 An Act relating to firearms, by prohibiting certain persons
  2    from possessing, receiving, or transporting firearms,
  3    requiring the reporting of the loss or theft of a firearm to
  4    a local law enforcement agency, and providing penalties and
  5    remedies.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1733HH (7) 87
    jm/rh/rj

PAG LIN



  1  1    Section 1.  Section 724.26, Code 2017, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  1A.  A person who has been charged with
  1  4 a hate crime under section 729A.2, or stalking under section
  1  5 708.11, and who knowingly has under the person's dominion and
  1  6 control or possession, receives, or transports or causes to be
  1  7 transported a firearm or offensive weapon, while such charges
  1  8 are pending, is guilty of a class "D" felony.
  1  9    NEW SUBSECTION.  1B.  A person who has been convicted of
  1 10 a hate crime which is a misdemeanor in violation of section
  1 11 729A.2, or stalking which is a misdemeanor in violation of
  1 12 section 708.11, and who knowingly has under the person's
  1 13 dominion and control or possession, receives, or transports
  1 14 or causes to be transported a firearm or offensive weapon, is
  1 15 guilty of a class "D" felony.
  1 16    Sec. 2.  NEW SECTION.  724.32  Reporting loss or theft of a
  1 17 firearm or ammunition == criminal penalty == civil remedy.
  1 18    1.  A person shall report the loss or theft of any firearm
  1 19 or ammunition owned by the person to a local law enforcement
  1 20 agency within seventy=two hours after the person knew or should
  1 21 have reasonably known of the loss or theft.
  1 22    2.  A local law enforcement agency shall report any loss
  1 23 or theft reported to the agency under subsection 1 to the
  1 24 department of public safety within twenty=four hours of the
  1 25 receipt of the report.
  1 26    3.  A person who violates subsection 1 commits a serious
  1 27 misdemeanor.
  1 28    4.  If a person fails to report the loss or theft of a
  1 29 firearm or ammunition owned by the person in violation of
  1 30 subsection 1, and such firearm or ammunition is subsequently
  1 31 used in the furtherance of a crime, the victim of the crime may
  1 32 bring a civil action for monetary damages against the person
  1 33 for failing to report the loss or theft.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    This bill relates to firearms, by prohibiting certain
  2  3 persons from possessing, receiving, or transporting firearms,
  2  4 and requiring the reporting of the loss or theft of a firearm
  2  5 to a local law enforcement agency.
  2  6    POSSESSING, RECEIVING, OR TRANSPORTING FIREARMS BY CERTAIN
  2  7 CRIMINAL DEFENDANTS.  Code section 724.26(1) currently
  2  8 prohibits a convicted felon from possessing, receiving, or
  2  9 transporting a firearm or offensive weapon.
  2 10    The amendment to Code section 724.26 provides that a
  2 11 person who has been charged with a hate crime under Code
  2 12 section 729A.2, or stalking under Code section 708.11, and
  2 13 who knowingly has under the person's dominion and control or
  2 14 possession, receives, or transports or causes to be transported
  2 15 a firearm or offensive weapon, while such charges are pending,
  2 16 is guilty of a class "D" felony.
  2 17    The amendment to Code section 724.26 also provides that a
  2 18 person who has been convicted of a misdemeanor hate crime in
  2 19 violation of Code section 729A.2, or misdemeanor stalking in
  2 20 violation of Code section 708.11, and who knowingly has under
  2 21 the person's dominion and control or possession, receives, or
  2 22 transports or causes to be transported a firearm or offensive
  2 23 weapon, is guilty of a class "D" felony.
  2 24    REPORTING LOSS OR THEFT OF FIREARMS OR AMMUNITION.  The bill
  2 25 requires a person to report the loss or theft of any firearm
  2 26 or ammunition owned by the person to a local law enforcement
  2 27 agency within 72 hours of when the person knew or should have
  2 28 reasonably known of the loss or theft. A person who violates
  2 29 this provision commits a serious misdemeanor.
  2 30    The bill also requires a local law enforcement agency to
  2 31 report to the department of public safety any loss or theft
  2 32 reported to the local law enforcement agency within 24 hours of
  2 33 receipt of the report.
  2 34    If a person fails to report the loss or theft of a firearm
  2 35 or ammunition owned by the person in violation of the bill,
  3  1 and such firearm or ammunition is subsequently used in the
  3  2 furtherance of a crime, the victim of the crime may bring
  3  3 a civil action for monetary damages against the person for
  3  4 failing to report the loss or theft.
       LSB 1733HH (7) 87
       jm/rh/rj