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:
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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.
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