House File 611 - Introduced
HOUSE FILE
BY HUNTER
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 2017, 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 temporary emergency relief if the
2 8 district judge or district associate judge finds that there is
2 9 reasonable 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 temporary firearm
2 28 violence 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 temporary firearm
2 35 violence protective order if the petition, supported by an
3 1 affidavit made in writing and any additional information and
3 2 signed by the petitioner under oath, shows a substantial
3 3 likelihood that 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 indicating an increased risk of violence
3 21 by the respondent.
3 22 b. An ex parte temporary firearm violence protective order
3 23 is necessary to prevent physical injury to the respondent's
3 24 self or others because less restrictive alternatives have
3 25 been tried and found to be ineffective, or are determined to
3 26 be inadequate or inappropriate for the circumstances of the
3 27 respondent.
3 28 3. If the court determines that grounds exist to issue an ex
3 29 parte temporary firearm violence protective order, the court
3 30 shall issue an ex parte temporary firearm violence protective
3 31 order that prohibits the respondent from possessing, shipping,
3 32 transporting, or receiving firearms, offensive weapons, or
3 33 ammunition, or attempting to possess, ship, transport, or
3 34 receive firearms, offensive weapons, or ammunition, and that
3 35 expires not later than twenty=one days from the date the order
4 1 is issued.
4 2 4. Within twenty=one days from the date the order is issued,
4 3 the court shall hold a hearing to determine if a firearm
4 4 violence protective order should be issued for a period of one
4 5 year pursuant to section 724A.4.
4 6 Sec. 5. NEW SECTION. 724A.4 Firearm violence protective
4 7 order ==== notice and hearing.
4 8 1. Subsequent to the issuance of an ex parte firearm
4 9 violence protective order pursuant to section 724A.3, an
4 10 immediate family member or a law enforcement officer may
4 11 request the court, after notice and a hearing, to issue a
4 12 firearm violence protective order enjoining the respondent from
4 13 possessing, shipping, transporting, or receiving firearms,
4 14 offensive weapons, or ammunition for a period of one year.
4 15 2. In determining whether to issue a firearm violence
4 16 protective order under this section, the court shall consider
4 17 evidence of any of the following:
4 18 a. A recent threat of violence or act of violence by the
4 19 respondent directed toward the respondent's self or others.
4 20 For the purposes of this paragraph, "recent" means within the
4 21 last six months prior to the date the petition was filed.
4 22 b. A pattern of violent acts or violent threats within the
4 23 past twelve months, including but not limited to threats of
4 24 violence or acts of violence by the respondent directed toward
4 25 the respondent's self or others.
4 26 c. The unlawful and reckless use, display, or brandishing of
4 27 a firearm, offensive weapon, or ammunition by the respondent.
4 28 d. Other evidence indicating an increased risk for violence
4 29 by the respondent.
4 30 3. At the hearing, the petitioner shall have the burden
4 31 of proving, by clear and convincing evidence, all of the
4 32 following:
4 33 a. The respondent poses a significant danger of personal
4 34 injury to the respondent's self or others by possessing,
4 35 shipping, transporting, or receiving firearms, offensive
5 1 weapons, or ammunition.
5 2 b. A firearm violence protective order is necessary to
5 3 prevent physical injury to the respondent's self or others
5 4 because less restrictive alternatives have been tried and
5 5 found to be ineffective or are determined to be inadequate or
5 6 inappropriate for the respondent's circumstances.
5 7 c. (1) If the court finds that there is clear and
5 8 convincing evidence to issue a firearm violence protective
5 9 order, the court shall issue a firearm violence protective
5 10 order that prohibits the respondent from having in the
5 11 respondent's custody or control, or owning, purchasing,
5 12 possessing, or receiving, or attempting to purchase or receive,
5 13 a firearm, offensive weapon, or ammunition, and that expires
5 14 one year from the date of the order.
5 15 (2) If the court finds that there is not clear and
5 16 convincing evidence to support the issuance of a firearm
5 17 violence protective order, the court shall dissolve any
5 18 temporary emergency or ex parte firearm violence protective
5 19 order then in effect.
5 20 Sec. 6. NEW SECTION. 724A.5 Judicial branch forms and
5 21 rules.
5 22 The judicial branch shall prescribe standard forms and rules
5 23 necessary or expedient to carry out the intent and purposes of
5 24 this chapter.
5 25 EXPLANATION
5 26 The inclusion of this explanation does not constitute agreement with
5 27 the explanation's substance by the members of the general assembly.
5 28 This bill relates to firearm violence protective orders and
5 29 makes penalties applicable.
5 30 The bill establishes three categories of firearm violence
5 31 protective orders: (1) a temporary emergency firearm violence
5 32 protective order (available outside of regular court hours),
5 33 (2) an ex parte firearm violence protective order, and (3)
5 34 a firearm violence protective order issued after notice and
5 35 hearing.
6 1 TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER.
6 2 The bill provides that a law enforcement officer may seek
6 3 a temporary emergency firearm protective order by orally
6 4 contacting a judicial officer. A court may issue a temporary
6 5 emergency firearm protective order if a judicial officer
6 6 finds there is reasonable cause to believe that a person
6 7 poses an immediate and present danger of physical injury to
6 8 the respondent's self or others by possessing, shipping,
6 9 transporting, or receiving firearms, offensive weapons, or
6 10 ammunition and that a temporary emergency firearm violence
6 11 protective order is necessary to prevent physical injury to
6 12 the respondent's self or others because less restrictive
6 13 alternatives have been tried and found to be ineffective or
6 14 are determined to be inadequate or inappropriate for the
6 15 respondent's circumstances. A temporary emergency firearm
6 16 violence protective order issued under the bill shall prohibit
6 17 the respondent from possessing, shipping, transporting,
6 18 or receiving firearms, offensive weapons, or ammunition or
6 19 attempting to possess, ship, transport, or receive a firearm,
6 20 offensive weapon, or ammunition, and expires 21 days from the
6 21 date the order is issued.
6 22 EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An
6 23 immediate family member of a respondent or a law enforcement
6 24 officer may file a petition requesting the court to issue an
6 25 ex parte temporary firearm violence protective order enjoining
6 26 the respondent from possessing, shipping, transporting, or
6 27 receiving firearms, offensive weapons, or ammunition. A
6 28 court shall issue an ex parte temporary firearm violence
6 29 protective order if the petition, supported by an affidavit
6 30 made in writing and any additional information and signed by
6 31 the petitioner under oath, shows a substantial likelihood
6 32 that the respondent poses a significant danger, in the
6 33 near future, of physical injury to the respondent's self or
6 34 others by possessing, shipping, transporting, or receiving
6 35 firearms, offensive weapons, or ammunition as determined by
7 1 certain evidence including threats of or acts of violence by
7 2 the respondent, and that the order is necessary to prevent
7 3 physical injury to the respondent's self or others because
7 4 less restrictive alternatives have been tried and found
7 5 to be ineffective, or are determined to be inadequate or
7 6 inappropriate for the circumstances of the respondent. If the
7 7 court issues an ex parte temporary firearm violence protective
7 8 order that prohibits the respondent from possessing, shipping,
7 9 transporting, or receiving firearms, offensive weapons, or
7 10 ammunition, or attempting to possess, ship, transport, or
7 11 receive firearms, offensive weapons, or ammunition, the order
7 12 expires not later than 21 days from the date the order is
7 13 issued. Within 21 days after the date the order is issued, the
7 14 court shall hold a hearing to determine if a firearm violence
7 15 protective order should be issued for a period of one year.
7 16 FIREARM VIOLENCE PROTECTIVE ORDER ==== NOTICE AND HEARING.
7 17 Subsequent to the issuance of an ex parte firearm violence
7 18 protective order, an immediate family member or a law
7 19 enforcement officer may request the court, after notice and a
7 20 hearing, to issue a firearm violence protective order enjoining
7 21 the respondent from possessing, shipping, transporting, or
7 22 receiving firearms, offensive weapons, or ammunition for a
7 23 period of one year. The court may consider additional evidence
7 24 to determine whether to issue a firearm violence protective
7 25 order for a period of one year. The evidentiary requirements
7 26 and standard of review are similar to those required for an ex
7 27 parte firearm violence protective order.
7 28 PENALTIES. Under current Code section 724.26, a person who
7 29 is the subject of a domestic abuse protective order or who has
7 30 been convicted of a misdemeanor crime of domestic violence
7 31 under federal law who knowingly possesses, ships, transports,
7 32 or receives a firearm, offensive weapon, or ammunition is
7 33 guilty of a class "D" felony. The bill expands this category
7 34 of persons to include a person who is the subject of a firearm
7 35 violence protective order under the bill. The bill makes
8 1 applicable certain provisions contained in Code section
8 2 724.26 relating to the surrender of any firearm, offensive
8 3 weapon, or ammunition in the possession of a prohibited person
8 4 under the bill, including certain transfer, sale, reporting
8 5 information, and the return of any firearms, offensive weapons,
8 6 and ammunition to the person upon the expiration of the firearm
8 7 protective order.
8 8 RULES. The bill requires the judicial branch to prescribe
8 9 forms and rules necessary to carry out the intent and purposes
8 10 of the bill.
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