Read the full stored bill text
Senate
File
2098
-
Introduced
SENATE
FILE
2098
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
firearms,
including
background
checks
for
1
acquiring
pistols
or
revolvers,
identification
markings
on
2
firearms
and
firearm
parts,
trigger
locks,
extreme
risk
3
protective
orders,
mental
health
funding,
certain
firearm
4
transfers,
and
certain
related
crimes,
and
providing
5
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
5503XS
(8)
91
sb/js
S.F.
2098
DIVISION
I
1
TITLE
2
Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
3
be
cited
as
the
“Charlie
Kirk
and
Melissa
Hortman
Firearm
4
Regulation
Act”.
5
DIVISION
II
6
BACKGROUND
CHECKS
7
Sec.
2.
Section
724.15,
subsection
1,
Code
2026,
is
amended
8
to
read
as
follows:
9
1.
It
is
the
intent
of
this
section
to
satisfy
federal
10
requirements
of
18
U.S.C.
§922(t)(3)
in
order
to
acquire
11
pistols
or
revolvers.
In
order
to
acquire
a
pistol
or
revolver
12
from
any
other
person,
and
in
order
to
provide
proof
of
a
13
background
check
and
notify
that
the
purchaser
is
of
legal
age,
14
a
federally
licensed
firearms
dealer,
an
unlicensed
person
is
15
required
to
have
a
valid
permit
to
acquire
or
a
valid
permit
16
to
carry
weapons
issued
in
accordance
with
this
chapter
or
the
17
person
must
complete
a
satisfactory
national
instant
criminal
18
background
check
pursuant
to
18
U.S.C.
§922(t).
A
person
under
19
the
age
of
twenty-one
shall
not
be
issued
a
permit
to
acquire
20
a
pistol
or
revolver,
nor
shall
a
nonprofessional
permit
to
21
carry
weapons
held
by
a
person
who
has
not
reached
the
age
of
22
twenty-one
be
valid
for
the
transfer
of
a
pistol
or
revolver
23
from
a
federally
licensed
firearms
dealer.
24
DIVISION
III
25
FIREARM
IDENTIFICATION
26
Sec.
3.
NEW
SECTION
.
724.33
Identification
marks
on
27
firearms
——
manufacturing
firearms
——
penalties.
28
1.
As
used
in
this
section:
29
a.
“Antique
firearm”
means
the
same
as
the
term
is
defined
30
in
18
U.S.C.
§921.
31
b.
“Department”
means
the
department
of
public
safety.
32
c.
“Firearm”
means
the
same
as
the
term
is
defined
in
18
33
U.S.C.
§921.
34
d.
“Manufacture”
means
to
fabricate
or
construct
a
firearm,
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including
the
initial
assembly.
1
e.
“Security
exemplar”
means
the
same
as
the
term
is
defined
2
in
18
U.S.C.
§922.
3
f.
“Unfinished
frame
or
lower
receiver”
means
a
blank,
4
casting,
or
machined
body
intended
to
be
turned
into
the
frame
5
or
lower
receiver
of
a
firearm,
with
additional
machining,
and
6
that
has
been
formed
or
machined
to
the
point
at
which
most
7
major
machining
operations
have
been
completed
to
turn
the
8
blank,
casting,
or
machined
body
into
a
frame
or
lower
receiver
9
of
a
firearm,
even
if
the
fire
control
cavity
area
of
such
10
blank,
casting,
or
machined
body
is
still
completely
solid
11
and
unmachined.
“Unfinished
frame
or
lower
receiver”
does
not
12
include
a
firearm.
13
2.
No
later
than
December
1,
2026,
the
department,
in
14
consultation
with
the
bureau
of
alcohol,
tobacco,
firearms,
15
and
explosives
as
necessary,
shall
develop
and
maintain
a
16
system
to
distribute
a
unique
serial
number
or
other
mark
of
17
identification
to
any
person
requesting
such
number
or
mark
18
pursuant
to
subsection
4
or
5.
The
department
shall
provide
19
notice
that
the
system
is
operational
by
posting
a
notification
20
on
the
department’s
internet
site
and
by
electronically
21
notifying
federally
licensed
firearms
dealers.
The
department
22
shall
maintain
identifying
information
of
the
person
requesting
23
the
number
or
mark
and
of
the
firearm
or
unfinished
frame
or
24
lower
receiver
for
which
each
number
or
mark
is
requested.
25
3.
No
person
shall
remove,
deface,
alter,
or
obliterate
26
the
name
of
any
maker
or
model,
maker’s
number,
unique
serial
27
number,
or
other
mark
of
identification
on
any
firearm.
28
The
possession
of
any
firearm
upon
which
any
identifying
29
mark,
number,
or
name
has
been
removed,
defaced,
altered,
or
30
obliterated
shall
be
prima
facie
evidence
that
the
person
31
owning
or
in
possession
of
such
firearm
has
removed,
defaced,
32
altered,
or
obliterated
the
identifying
mark,
number,
or
name.
33
4.
a.
A
person
shall
not
complete
the
manufacture
of
a
34
firearm
without
subsequently
obtaining
a
unique
serial
number
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or
other
mark
of
identification
from
the
department
pursuant
1
to
paragraph
“b”
and
engraving
upon
or
permanently
affixing
to
2
the
firearm
such
serial
number
or
other
mark
in
a
manner
that
3
conforms
with
the
requirements
imposed
on
licensed
importers
4
and
licensed
manufacturers
of
firearms
pursuant
to
18
U.S.C.
5
§923(i)
and
any
regulation
adopted
thereunder.
6
b.
No
later
than
thirty
days
after
a
person
completes
the
7
manufacture
of
a
firearm,
or
ninety
days
after
the
department
8
provides
notice
pursuant
to
subsection
2,
whichever
date
is
9
later,
the
person
shall
request
a
unique
serial
number
or
other
10
mark
of
identification
by
notifying
the
department
of
such
11
manufacture
and
providing
any
identifying
information
to
the
12
department
concerning
the
firearm
and
the
owner
of
such
firearm
13
in
a
manner
prescribed
by
the
department.
Upon
receiving
14
a
properly
submitted
request
for
a
unique
serial
number
or
15
other
mark
of
identification
from
a
person
who
completes
the
16
manufacture
of
a
firearm,
the
department
shall
determine
if
17
the
person
is
prohibited
from
purchasing
or
possessing
a
18
firearm.
If
the
person
is
not
prohibited
from
purchasing
or
19
possessing
a
firearm,
the
department
shall
issue
to
the
person
20
a
unique
serial
number
or
other
mark
of
identification
no
21
later
than
three
business
days
after
the
person
makes
such
22
request.
Issuance
of
a
unique
serial
number
or
other
mark
23
of
identification
pursuant
to
this
subsection
shall
not
be
24
considered
evidence
that
the
firearm
is
otherwise
lawfully
25
possessed.
26
c.
A
person
shall
not
transfer
to
another
person
a
firearm
27
manufactured
in
violation
of
this
subsection.
28
d.
A
person
shall
not
facilitate,
aid,
or
abet
the
29
manufacture
of
a
firearm
by
a
person
or
for
a
person
who
is
30
otherwise
prohibited
by
law
from
purchasing
or
possessing
a
31
firearm,
or
that
a
person
is
otherwise
prohibited
by
law
from
32
purchasing
or
possessing.
33
e.
The
provisions
of
this
subsection
do
not
apply
to
the
34
manufacture
of
a
firearm
manufactured
using
an
unfinished
frame
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2098
or
lower
receiver
on
which
a
serial
number
or
other
identifying
1
mark
has
been
engraved
or
permanently
affixed
pursuant
to
2
subsection
5.
3
f.
The
provisions
of
this
subsection
do
not
apply
to
any
of
4
the
following:
5
(1)
The
manufacture
of
firearms
by
a
federally
licensed
6
firearms
manufacturer.
7
(2)
Any
antique
firearm
or
any
firearm
manufactured
prior
8
to
the
effective
date
of
this
Act,
provided
such
firearm
is
9
otherwise
lawfully
possessed.
10
(3)
The
delivery
or
transfer
of
a
firearm
to
a
law
11
enforcement
agency.
12
5.
a.
A
person
shall
not
sell,
deliver,
or
otherwise
13
transfer
an
unfinished
frame
or
lower
receiver
that
does
not
14
have
a
unique
serial
number
or
other
mark
of
identification
15
obtained
pursuant
to
the
system
developed
in
subsection
2.
16
b.
A
person
may
request
a
unique
serial
number
or
other
mark
17
of
identification
for
an
unfinished
frame
or
lower
receiver
18
by
providing
any
identifying
information
to
the
department
19
concerning
the
unfinished
frame
or
lower
receiver
and
the
20
owner
of
such
unfinished
frame
or
lower
receiver
in
a
manner
21
prescribed
by
the
department.
Upon
receiving
a
properly
22
submitted
request
for
a
unique
serial
number
or
other
mark
23
of
identification
for
an
unfinished
frame
or
lower
receiver,
24
the
department
shall
determine
if
the
person
is
prohibited
25
from
purchasing
or
possessing
a
firearm.
If
the
person
is
26
not
prohibited
from
purchasing
or
possessing
a
firearm,
the
27
department
shall
issue
to
the
person
a
unique
serial
number
28
or
other
mark
of
identification
no
later
than
three
business
29
days
after
the
person
makes
such
request
or
ten
days
after
the
30
department
provides
notice
pursuant
to
subsection
2,
whichever
31
date
is
later.
32
c.
A
unique
serial
number
or
other
identifying
mark
obtained
33
pursuant
to
paragraph
“b”
shall
be
engraved
upon
or
permanently
34
affixed
to
the
unfinished
frame
or
lower
receiver
in
a
manner
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that
conforms
with
the
requirements
imposed
on
licensed
1
importers
and
licensed
manufacturers
of
firearms
pursuant
to
18
2
U.S.C.
§923(i)
and
any
regulation
adopted
thereunder.
3
d.
A
person
may
arrange
in
advance
to
deliver
and
transfer
4
an
unfinished
frame
or
lower
receiver
to
the
department
or
to
a
5
police
department.
6
e.
On
or
after
December
1,
2026,
a
person
shall
not
possess
7
an
unfinished
frame
or
lower
receiver
unless
the
person
is
8
eligible
to
purchase
and
possess
a
firearm
under
state
and
9
federal
law.
10
f.
The
provisions
of
this
subsection
do
not
apply
to
the
11
sale,
delivery,
or
transfer
of
an
unfinished
frame
or
lower
12
receiver
between
any
of
the
following:
13
(1)
A
federally
licensed
firearms
manufacturer
and
a
14
federally
licensed
firearms
dealer.
15
(2)
A
federally
licensed
firearms
importer
and
a
federally
16
licensed
firearms
dealer.
17
(3)
Multiple
federally
licensed
firearms
dealers.
18
6.
A
person
shall
not
manufacture
any
firearm
from
polymer
19
plastic
that,
after
removal
of
grips,
stocks,
and
magazines,
20
is
not
as
detectable
as
a
security
exemplar
by
walk-through
21
metal
detectors
calibrated
and
operated
to
detect
the
security
22
exemplar.
23
7.
a.
Except
as
otherwise
provided
in
paragraph
“b”
,
a
24
person
who
violates
a
provision
of
this
section
commits
a
class
25
“C”
felony.
26
b.
A
person
who
sells,
delivers,
or
otherwise
transfers
27
an
unfinished
frame
or
lower
receiver
in
violation
of
the
28
provisions
of
this
section
knowing
that
such
unfinished
frame
29
or
lower
receiver
is
stolen
or
that
the
manufacturer’s
number
30
or
other
mark
of
identification
on
such
unfinished
frame
or
31
lower
receiver
has
been
altered,
removed,
or
obliterated
32
commits
a
class
“B”
felony.
33
c.
Any
firearm
or
unfinished
frame
or
lower
receiver
34
possessed
in
violation
of
a
provision
of
this
section
shall
be
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forfeited
to
the
department.
1
DIVISION
IV
2
SAFE
STORAGE
3
Sec.
4.
NEW
SECTION
.
80.49
Public
safety
trigger
lock
fund.
4
1.
A
public
safety
trigger
lock
fund
is
established
in
5
the
state
treasury
under
the
control
of
the
department.
The
6
department
may
receive
and
accept
donations,
grants,
loans,
and
7
contributions
from
any
public
or
private
source
for
deposit
8
into
the
fund.
Moneys
in
the
fund
are
appropriated
to
the
9
department
for
the
purposes
set
forth
in
subsection
2.
10
2.
The
department
shall
establish
a
trigger
lock
program
11
in
the
state
for
the
purpose
of
providing
free
trigger
locks
12
to
firearms
owners.
The
department
shall
work
with
law
13
enforcement
agencies
of
the
state,
local
governments,
and
other
14
local
entities
and
nonprofit
organizations
to
provide
trigger
15
locks
at
no
cost
to
firearms
owners
in
the
state.
16
3.
Notwithstanding
section
8.33,
moneys
in
the
fund
17
that
remain
unencumbered
or
unobligated
at
the
close
of
a
18
fiscal
year
shall
not
revert
but
shall
remain
available
for
19
expenditure
for
the
purposes
designated.
Notwithstanding
20
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
21
the
fund
shall
be
credited
to
the
fund.
22
Sec.
5.
Section
724.22,
subsection
6,
Code
2026,
is
amended
23
to
read
as
follows:
24
6.
It
shall
be
unlawful
for
any
person
to
A
person
shall
25
not
store
or
leave
a
loaded
or
unloaded
firearm
which
that
is
26
not
secured
by
a
trigger
lock
mechanism,
placed
in
a
securely
27
locked
box
or
container,
or
placed
in
some
other
location
which
28
that
a
reasonable
person
would
believe
to
be
secure
from
a
29
minor
under
the
age
of
fourteen
eighteen
years,
if
such
person
30
knows
or
has
reason
to
believe
that
a
minor
under
the
age
31
of
fourteen
eighteen
years
is
likely
to
gain
access
to
the
32
firearm
without
the
lawful
permission
of
the
minor’s
parent,
33
guardian,
or
person
having
charge
of
the
minor,
and
the
minor
34
lawfully
gains
access
to
the
firearm
without
the
consent
of
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the
minor’s
parent,
guardian,
or
person
having
charge
of
the
1
minor
,
and
the
minor
exhibits
the
firearm
in
a
public
place
in
2
an
unlawful
manner,
or
uses
the
firearm
unlawfully
to
cause
3
injury
or
death
to
a
person
.
This
subsection
does
not
apply
if
4
the
minor
obtains
the
firearm
as
a
result
of
an
unlawful
entry
5
by
any
person.
A
violation
of
this
subsection
is
punishable
as
6
a
serious
misdemeanor.
7
DIVISION
V
8
EXTREME
RISK
PROTECTIVE
ORDERS
9
Sec.
6.
Section
664A.1,
subsection
2,
Code
2026,
is
amended
10
to
read
as
follows:
11
2.
a.
“Protective
order”
means
a
protective
order
issued
12
pursuant
to
chapter
232
,
a
court
order
or
court-approved
13
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
14
235F
,
a
court
order
or
court-approved
consent
agreement
entered
15
pursuant
to
chapter
236
or
236A
,
including
a
valid
foreign
16
protective
order
under
section
236.19,
subsection
3
,
or
section
17
236A.19,
subsection
3
,
a
temporary
or
permanent
protective
18
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
19
order
that
establishes
conditions
of
release
or
is
a
protective
20
order
or
sentencing
order
in
a
criminal
prosecution
arising
21
from
a
domestic
abuse
assault
under
section
708.2A
or
older
22
individual
assault
under
section
708.2D
,
or
a
civil
injunction
23
issued
pursuant
to
section
915.22
.
24
b.
“Protective
order”
does
not
include
an
extreme
risk
25
protective
order
issued
pursuant
to
chapter
664B.
26
Sec.
7.
NEW
SECTION
.
664B.1
Definitions.
27
As
used
in
this
chapter
unless
the
context
otherwise
28
requires:
29
1.
“Affidavit”
means
a
written
declaration
or
statement
of
30
fact
made
under
oath,
or
legally
sufficient
affirmation,
before
31
any
person
authorized
to
administer
oaths
within
or
without
the
32
state.
33
2.
“Family
member”
means
a
spouse,
person
cohabiting,
a
34
parent,
or
other
person
related
by
consanguinity
or
affinity.
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3.
“Firearm”
includes
ammunition
and
any
offensive
weapon
as
1
that
term
is
defined
in
section
724.1.
2
4.
“Intimate
relationship”
means
the
same
as
defined
in
3
section
235E.1.
4
5.
“Plaintiff”
means
a
family
member,
a
person
with
whom
the
5
respondent
is
having
an
intimate
relationship
with,
or
a
peace
6
officer
who
files
a
petition
under
this
chapter.
7
6.
“Possession”
includes
ownership,
custody,
or
control.
8
7.
“Respondent”
means
a
person
against
whom
a
protective
9
order
is
filed
under
this
chapter.
10
Sec.
8.
NEW
SECTION
.
664B.2
Extreme
risk
protective
order
11
——
petition.
12
1.
A
plaintiff
may
file
a
petition
in
the
district
court
13
requesting
an
extreme
risk
protective
order.
Venue
shall
lie
14
in
the
county
where
either
party
resides.
The
petition
shall
15
contain
all
of
the
following:
16
a.
The
name
of
the
plaintiff
and
the
name
and
address
of
the
17
plaintiff’s
attorney,
if
any.
If
the
plaintiff
is
proceeding
18
pro
se,
the
petition
shall
state
a
mailing
address
for
the
19
plaintiff.
A
mailing
address
may
be
provided
by
the
plaintiff
20
pursuant
to
section
664B.6.
21
b.
A
statement
of
facts
alleging
the
respondent
presents
22
a
significant
danger
to
the
respondent’s
self
or
others
by
23
possessing,
shipping,
transporting,
or
receiving
firearms
24
accompanied
by
an
affidavit
stating
the
specific
statements,
25
actions,
or
facts
that
give
rise
to
the
reasons
the
respondent
26
presents
a
significant
danger
to
the
respondent’s
self
or
27
others
by
possessing,
shipping,
transporting,
or
receiving
28
firearms.
29
c.
The
location,
type,
and
number
of
firearms
the
plaintiff
30
believes
are
possessed
by
the
respondent.
31
d.
Whether
the
respondent
is
subject
to
a
current
protective
32
order
or
a
no-contact
order.
33
e.
Whether
any
legal
proceeding
is
pending
between
the
34
plaintiff
and
respondent,
and
if
so,
the
nature
of
the
legal
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proceeding.
1
f.
Desired
relief,
including
a
request
for
temporary
or
2
emergency
orders.
3
2.
The
filing
fee
and
court
costs
for
an
extreme
risk
4
protective
order
shall
be
waived
for
the
plaintiff.
5
3.
The
clerk
of
the
district
court,
the
sheriff
of
any
6
county
in
this
state,
or
any
peace
officer
or
corrections
7
officer
shall
perform
their
duties
relating
to
service
of
8
process
without
charge
to
the
plaintiff.
When
an
order
for
9
an
extreme
risk
protective
order
is
entered
by
the
court,
the
10
court
may
direct
the
respondent
to
pay
to
the
clerk
of
court
11
the
fees
for
the
filing
of
the
petition
and
reasonable
costs
12
of
service
of
process
if
the
court
determines
the
respondent
13
has
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
In
lieu
14
of
personal
service
of
an
extreme
risk
protective
order
issued
15
pursuant
to
this
section,
the
sheriff
of
any
county
in
this
16
state,
and
other
law
enforcement
and
corrections
officers,
may
17
serve
a
respondent
with
a
short-form
notification
pursuant
to
18
section
664B.3.
19
Sec.
9.
NEW
SECTION
.
664B.3
Short-form
notification.
20
1.
In
lieu
of
personal
service
of
an
extreme
risk
protective
21
order
or
an
emergency
extreme
risk
protective
order
on
a
22
respondent
whose
firearms
are
to
be
surrendered
by
such
an
23
order,
a
sheriff
of
any
county
in
this
state
or
any
peace
24
officer
or
corrections
officer
in
this
state
may
serve
the
25
respondent
with
a
short-form
notification
pursuant
to
this
26
section
to
effectuate
service
of
an
unserved
order.
27
2.
Service
of
a
short-form
notification
under
this
section
28
shall
be
allowed
during
traffic
stops
and
other
contacts
with
29
the
respondent
by
a
sheriff,
peace
officer,
or
corrections
30
officer
in
this
state
in
the
course
of
performing
official
31
duties.
The
respondent
may
be
detained
for
a
reasonable
period
32
of
time
to
complete
the
short-form
notification
process.
33
3.
When
the
short-form
notification
process
is
complete,
34
the
sheriff,
peace
officer,
or
corrections
officer
serving
the
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notification
shall
file
a
copy
of
the
notification
with
the
1
clerk
of
the
district
court.
The
filing
shall
indicate
the
2
date
and
time
the
notification
was
served
on
the
respondent.
3
4.
The
short-form
notification
shall
be
on
a
form
4
prescribed
by
the
state
court
administrator.
The
state
court
5
administrator
shall
prescribe
rules
relating
to
the
content
6
and
distribution
of
the
form
to
appropriate
law
enforcement
7
agencies
in
this
state.
The
form
shall
include
but
not
be
8
limited
to
all
of
the
following
statements:
9
a.
The
respondent
shall
immediately
surrender
all
firearms
10
in
the
respondent’s
possession
and
any
permit
to
carry
weapons
11
or
permit
to
acquire
in
the
respondent’s
possession.
12
b.
The
respondent
is
responsible
for
obtaining
a
full
copy
13
of
the
extreme
risk
protective
order
or
emergency
extreme
risk
14
protective
order
from
the
county
sheriff
of
the
county
in
which
15
the
order
was
entered
or
from
the
clerk
of
the
district
court.
16
c.
The
terms
and
conditions
of
the
extreme
risk
protective
17
order
or
emergency
extreme
risk
protective
order
are
18
enforceable,
and
the
respondent
is
subject
to
arrest
for
19
violating
the
protective
order.
20
Sec.
10.
NEW
SECTION
.
664B.4
Plaintiffs
proceeding
pro
se
21
——
provision
of
forms
and
assistance.
22
1.
The
department
of
justice
shall
prescribe
standard
forms
23
to
be
used
by
a
plaintiff
proceeding
pro
se
when
filing
a
24
petition
under
this
chapter.
The
standard
forms
shall
include
25
language
in
fourteen
point
boldface
type.
Standard
forms
26
prescribed
by
the
department
shall
be
the
exclusive
forms
used
27
by
a
plaintiff
proceeding
pro
se,
and
may
be
used
by
other
28
plaintiffs.
The
department
shall
distribute
the
forms
to
the
29
clerks
of
the
district
courts.
30
2.
The
clerk
of
the
district
court
shall
furnish
the
31
required
forms
to
plaintiffs
seeking
an
extreme
risk
protective
32
order
through
pro
se
proceedings
pursuant
to
this
chapter.
33
Sec.
11.
NEW
SECTION
.
664B.5
Assistance
by
county
attorney.
34
A
county
attorney’s
office
may
provide
assistance
to
a
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plaintiff
wishing
to
initiate
proceedings
pursuant
to
this
1
chapter
or
to
a
plaintiff
at
any
stage
of
a
proceeding
under
2
this
chapter,
if
the
plaintiff
does
not
have
sufficient
funds
3
to
pay
for
legal
assistance
and
if
the
assistance
does
not
4
create
a
conflict
of
interest
for
the
county
attorney’s
office.
5
The
assistance
provided
may
include,
but
is
not
limited
to,
6
assistance
in
obtaining
or
completing
forms,
filing
a
petition
7
or
other
necessary
pleading,
presenting
evidence
to
the
court,
8
and
enforcing
the
orders
of
the
court
entered
pursuant
to
this
9
chapter.
Providing
assistance
pursuant
to
this
section
shall
10
not
be
considered
the
private
practice
of
law
for
the
purposes
11
of
section
331.752.
12
Sec.
12.
NEW
SECTION
.
664B.6
Plaintiff’s
address
——
13
confidentiality
of
records.
14
1.
A
plaintiff
may
use
any
of
the
following
addresses
as
a
15
mailing
address
for
purposes
of
filing
a
petition
under
this
16
chapter:
17
a.
The
mailing
address
of
a
shelter
or
other
agency.
18
b.
A
public
or
private
post
office
box.
19
c.
Any
other
mailing
address,
with
the
permission
of
the
20
resident
of
that
address.
21
2.
A
plaintiff
shall
report
any
change
of
address,
whether
22
designated
according
to
subsection
1
or
otherwise,
to
the
clerk
23
of
the
district
court
no
more
than
five
days
after
the
previous
24
address
on
record
becomes
invalid.
25
3.
The
entire
file
or
a
portion
of
the
file
under
this
26
chapter
shall
be
sealed
by
the
clerk
of
the
district
court
as
27
ordered
by
the
court
to
protect
the
privacy
interest
or
safety
28
of
any
person.
29
4.
Notwithstanding
subsection
3,
court
orders
shall
remain
30
public
records,
although
the
court
may
order
that
address
and
31
location
information
be
redacted
from
the
public
records.
32
Sec.
13.
NEW
SECTION
.
664B.7
Hearing.
33
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
34
commencing
a
proceeding
and
upon
notice
to
the
other
party,
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a
hearing
shall
be
held
at
which
the
plaintiff
must
prove
by
1
a
preponderance
of
the
evidence
that
the
respondent
presents
2
a
significant
danger
to
the
respondent’s
self
or
others
by
3
possessing,
shipping,
transporting,
or
receiving
firearms.
4
2.
Upon
hearing,
if
the
court
finds
by
a
preponderance
of
5
the
evidence
that
the
respondent
poses
a
significant
danger
6
to
the
respondent’s
self
or
others
by
possessing,
shipping,
7
transporting,
or
receiving
firearms,
the
court
shall
issue
an
8
extreme
risk
protective
order
for
a
period
of
one
year.
9
3.
In
determining
whether
grounds
for
an
extreme
risk
10
protective
order
exist,
the
court
may
consider
any
relevant
11
evidence
including
but
not
limited
to
the
following:
12
a.
A
recent
act
or
threat
of
violence
by
the
respondent
13
against
the
respondent’s
self
or
others,
and
whether
such
14
violence
or
threat
involves
a
firearm.
15
b.
A
pattern
of
acts
or
threats
of
violence
against
the
16
respondent’s
self
or
others
within
the
preceding
twelve
months
17
of
the
filing
of
the
petition.
18
c.
Any
serious
mental
impairment
of
the
respondent.
19
d.
Any
violation
of
a
no-contact
order
issued
for
violations
20
or
alleged
violations
of
sections
708.2A,
708.2D,
708.7,
21
708.11,
709.2,
709.3,
and
709.4,
and
any
other
public
offense
22
for
which
there
is
a
victim.
23
e.
Any
violation
of
a
protective
order
issued
in
a
civil
24
proceeding
under
chapter
232,
235F,
236,
236A,
598,
or
915.
25
f.
The
issuance
of
a
previous
extreme
risk
protective
order
26
against
the
respondent
under
this
chapter.
27
g.
A
violation
of
a
previous
extreme
risk
protective
order
28
issued
against
the
respondent
under
this
chapter.
29
h.
A
conviction
of
the
respondent
for
a
crime
that
30
constitutes
domestic
abuse
assault
in
violation
of
section
31
708.2A.
32
i.
The
possession
of
or
access
to
a
firearm,
or
the
intent
33
to
possess
a
firearm
by
the
respondent.
34
j.
The
unlawful
or
reckless
use,
display,
or
brandishing
of
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a
firearm
by
the
respondent.
1
k.
Any
history
of
use,
attempted
use,
or
threatened
use
of
2
physical
force
by
the
respondent
against
another
person,
or
the
3
respondent’s
history
of
stalking
or
harassing
another
person.
4
l.
Any
prior
arrest
of
the
respondent
for
a
felony
offense
5
or
violent
crime.
6
m.
Evidence
of
abuse
of
a
controlled
substance
or
alcohol
7
by
the
respondent.
8
n.
Evidence
of
recent
acquisition
of
a
firearm
by
the
9
respondent.
10
4.
The
court
may:
11
a.
Examine
under
oath
the
plaintiff,
the
respondent,
and
12
any
witnesses
that
the
plaintiff
or
respondent
produces,
or
13
in
lieu
of
examination,
consider
affidavits
of
the
plaintiff,
14
the
respondent,
or
any
witnesses
the
plaintiff
or
respondent
15
produces.
16
b.
Ensure
that
a
reasonable
search
has
been
conducted
for
17
criminal
history
records
relating
to
the
respondent.
18
5.
During
the
hearing,
the
court
may
order
a
substance
abuse
19
evaluation.
20
6.
An
extreme
risk
protective
order
shall
include
all
of
the
21
following:
22
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
23
order.
24
b.
The
date
and
time
the
order
was
issued.
25
c.
The
date
and
time
the
order
expires.
26
d.
Whether
a
substance
abuse
evaluation
is
required.
27
e.
Whether
a
responsive
pleading
may
be
filed.
28
f.
A
description
of
the
firearms
to
be
surrendered.
29
g.
The
following
statement
in
substantially
the
same
form:
30
To
the
subject
of
this
protective
order:
This
order
remains
31
effective
until
the
date
and
time
noted
above.
If
you
have
32
not
done
so
already,
you
must
surrender
to
the
(insert
the
33
name
of
a
local
law
enforcement
agency
with
jurisdiction)
34
all
firearms
in
your
possession,
custody,
or
control
and
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surrender
any
permit
to
carry
weapons
or
permit
to
acquire
in
1
your
possession
to
such
agency.
You
shall
not
have
in
your
2
possession
a
firearm
or
ship,
transport,
or
receive,
or
attempt
3
to
ship,
transport,
or
receive,
such
a
firearm
while
this
order
4
is
in
effect.
You
have
the
right
to
request
one
hearing
to
5
terminate
this
order
during
each
twelve-month
period
that
this
6
order
is
in
effect,
starting
from
the
date
of
this
order
and
7
continuing
through
any
extension
of
the
order.
If
the
order
8
requires
a
substance
abuse
evaluation,
you
must
first
obtain
9
such
evaluation
and
disclose
the
results
of
the
evaluation
to
10
the
court
prior
to
requesting
a
hearing.
11
7.
If
a
hearing
is
continued,
the
court
may
make
or
extend
12
any
order
issued
under
subsection
2
that
it
deems
necessary.
13
8.
Upon
the
application
of
a
party,
the
court
shall
issue
14
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
15
production
of
papers.
16
9.
The
court
shall
advise
the
respondent
of
a
right
to
be
17
represented
by
counsel
of
the
respondent’s
choosing
and
to
have
18
a
continuance
to
secure
counsel.
19
10.
If
applicable,
the
court
shall
determine
whether
the
20
respondent
has
had
sufficient
opportunity
to
surrender
the
21
respondent’s
firearms
after
service
of
an
emergency
extreme
22
risk
protective
order
issued
under
section
664B.8.
23
11.
Hearings
shall
be
recorded.
24
Sec.
14.
NEW
SECTION
.
664B.8
Emergency
extreme
risk
25
protective
order.
26
1.
A
plaintiff
may
request
that
an
emergency
extreme
risk
27
protective
order
be
issued
before
a
hearing
for
an
extreme
28
risk
protective
order
under
section
664B.7,
without
notice
29
to
the
respondent,
by
including
in
the
petition
detailed
30
allegations
based
on
personal
knowledge
that
the
respondent
31
poses
a
significant
danger
to
the
respondent’s
self
or
others,
32
in
the
near
future,
by
possessing,
shipping,
transporting,
or
33
receiving
firearms.
34
2.
In
considering
whether
to
issue
an
emergency
extreme
risk
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protective
order
under
this
section,
the
court
shall
consider
1
all
relevant
evidence
described
in
section
664B.7,
subsection
2
3.
3
3.
If
the
court
finds
there
is
good
cause
to
believe
that
4
the
respondent
poses
a
significant
danger
to
the
respondent’s
5
self
or
others,
in
the
near
future,
by
possessing,
shipping,
6
transporting,
or
receiving
firearms,
the
court
shall
issue
an
7
emergency
extreme
risk
protective
order.
8
4.
The
court
shall
hold
an
emergency
extreme
risk
protective
9
order
hearing
in
person
or
by
telephone
on
the
day
the
petition
10
is
filed.
11
5.
When
the
court
is
unavailable
from
the
close
of
business
12
at
the
end
of
the
day
or
week
to
the
resumption
of
business
13
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
14
before
a
district
judge,
or
district
associate
judge
designated
15
by
the
chief
judge
of
the
judicial
district,
who
may
grant
16
emergency
relief
under
this
section,
if
the
district
judge
17
or
district
associate
judge
finds
there
is
good
cause
to
18
believe
that
the
respondent
poses
a
significant
danger
to
the
19
respondent’s
self
or
others,
in
the
near
future,
by
possessing,
20
shipping,
transporting,
or
receiving
firearms.
21
6.
An
emergency
extreme
risk
protective
order
shall
include
22
all
of
the
following:
23
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
24
order.
25
b.
The
date
and
time
the
order
was
issued.
26
c.
The
date
and
time
the
order
expires.
27
d.
Whether
a
responsive
pleading
may
be
filed.
28
e.
A
description
of
the
firearms
to
be
surrendered.
29
f.
The
date
and
time
of
the
scheduled
hearing.
30
g.
The
following
statement
in
substantially
the
same
form:
31
To
the
subject
of
this
protective
order:
This
order
remains
32
effective
until
the
date
and
time
noted
above.
If
you
have
not
33
done
so
already,
you
must
immediately
surrender
to
the
(insert
34
the
name
of
a
local
law
enforcement
agency
with
jurisdiction)
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all
firearms
in
your
possession,
custody,
or
control,
and
1
surrender
any
permit
to
carry
weapons
or
permit
to
acquire
in
2
your
possession
to
such
agency.
You
shall
not
have
in
your
3
possession
a
firearm
or
ship,
transport,
or
receive,
or
attempt
4
to
ship,
transport,
or
receive,
such
a
firearm
while
this
order
5
is
in
effect.
A
hearing
will
be
held
on
the
date
and
time
noted
6
above
to
determine
if
an
extreme
risk
protective
order
shall
7
be
issued.
Failure
to
appear
at
that
hearing
may
result
in
a
8
court
entering
an
extreme
risk
protective
order
against
you
9
that
is
valid
for
a
period
of
one
year.
You
may
seek
the
advice
10
of
an
attorney
as
to
any
matter
connected
with
this
order.
11
7.
An
emergency
extreme
risk
protective
order
issued
under
12
this
section
shall
expire
upon
the
issuance
of
an
extreme
13
risk
protective
order
under
section
664B.7
or
if
the
court
14
determines
at
a
hearing
on
the
petition
for
an
extreme
risk
15
protective
order
under
section
664B.7
that
the
plaintiff
16
has
not
proven
by
a
preponderance
of
the
evidence
that
the
17
respondent
presents
a
significant
danger
to
the
respondent’s
18
self
or
others
by
possessing,
shipping,
transporting,
or
19
receiving
firearms.
20
8.
An
emergency
extreme
risk
protective
order
shall
be
21
served
by
the
sheriff
of
any
county
in
this
state,
a
peace
22
officer,
or
a
corrections
officer,
in
the
same
manner
provided
23
in
section
664B.2
for
the
service
of
the
notice
and
petition,
24
and
shall
be
served
concurrently
with
such
notice
of
hearing
25
and
petition,
if
possible.
Alternatively,
an
emergency
26
extreme
risk
protective
order
may
be
served
using
short-form
27
notification
pursuant
to
section
664B.3,
and
shall
be
served
28
concurrently
with
the
notice
of
hearing
and
petition,
if
29
possible.
30
Sec.
15.
NEW
SECTION
.
664B.9
Notice
of
extreme
risk
31
protective
order
or
emergency
extreme
risk
protective
order.
32
1.
The
clerk
of
the
district
court
or
other
person
33
designated
by
the
court
shall
provide
a
copy
of
the
extreme
34
risk
protective
order
or
the
emergency
extreme
risk
protective
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order
to
the
plaintiff.
1
2.
The
clerk
of
the
district
court
shall
provide
a
notice
2
and
copy
of
the
protective
order
to
the
appropriate
law
3
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
4
the
law
enforcement
agencies
in
the
same
manner
as
provided
in
5
section
235F.6,
236.5,
or
236A.7,
as
applicable.
The
clerk
6
of
the
district
court
shall
provide
a
notice
and
copy
of
a
7
termination
or
extension
of
the
protective
order
in
the
same
8
manner.
9
Sec.
16.
NEW
SECTION
.
664B.10
Termination
or
extension
of
10
order.
11
1.
The
respondent
may
request
a
hearing
to
terminate
12
an
extreme
risk
protective
order
issued
under
this
chapter
13
during
the
twelve-month
period
that
the
order
is
in
effect,
14
starting
from
the
date
of
the
order
and
continuing
through
any
15
extensions.
16
a.
Upon
receipt
of
a
request
for
a
hearing
to
terminate
17
an
extreme
risk
protective
order,
the
court
shall
set
a
date
18
for
a
hearing.
Notice
of
the
request
shall
be
served
on
the
19
plaintiff.
The
hearing
shall
occur
no
sooner
than
fourteen
20
days
and
no
later
than
thirty
days
from
the
date
of
service
of
21
the
request
upon
the
plaintiff.
22
b.
The
respondent
shall
have
the
burden
of
proving
by
a
23
preponderance
of
the
evidence
that
the
respondent
does
not
pose
24
a
significant
danger
to
the
respondent’s
self
or
others
by
25
possessing,
shipping,
transporting,
or
receiving
firearms.
26
c.
If
the
court
finds
after
the
hearing
that
the
respondent
27
has
met
the
burden
of
proof,
the
court
shall
terminate
the
28
extreme
risk
protective
order.
29
2.
A
family
member
may,
by
motion,
request
an
extension
30
of
an
extreme
risk
protective
order
within
ninety
days
of
the
31
expiration
of
the
order.
32
a.
Upon
receipt
of
a
motion
to
extend
an
extreme
risk
33
protective
order,
the
court
shall
order
the
hearing
be
held
no
34
earlier
than
fourteen
days
from
the
date
of
the
motion.
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b.
In
considering
whether
to
extend
the
extreme
risk
1
protective
order
under
this
section,
the
court
shall
consider
2
all
relevant
evidence
described
in
section
664B.7,
subsection
3
3.
4
c.
If
the
court
finds
by
a
preponderance
of
the
evidence
5
that
the
requirements
for
issuance
of
an
extreme
risk
6
protective
order
continue
to
be
met,
the
court
shall
extend
7
the
order.
However,
if,
after
notice,
the
motion
to
extend
is
8
uncontested
and
the
plaintiff
does
not
seek
a
modification
of
9
the
existing
order,
the
order
may
be
extended
on
the
basis
of
10
the
plaintiff’s
motion
or
affidavit
stating
that
there
has
been
11
no
material
change
in
relevant
circumstances
since
entry
of
the
12
protective
order.
13
Sec.
17.
NEW
SECTION
.
664B.11
Firearms
and
firearm
permits
14
——
surrender.
15
1.
Upon
the
issuance
of
an
extreme
risk
protective
order
16
or
an
emergency
extreme
risk
protective
order,
the
court
17
shall
order
the
respondent
to
immediately
surrender
to
the
18
law
enforcement
agency
named
in
the
protective
order
all
19
firearms
possessed
by
the
respondent
and
any
permit
to
carry
20
weapons
or
permit
to
acquire
possessed
by
the
respondent
within
21
forty-eight
hours
of
service
of
the
order
or
within
forty-eight
22
hours
of
a
hearing
held
pursuant
to
section
664B.7
at
which
the
23
respondent
was
present
and
an
order
was
subsequently
issued.
24
2.
At
the
time
of
surrendering
any
firearms,
a
law
25
enforcement
officer
taking
possession
of
any
firearms
26
shall
issue
a
receipt
identifying
all
firearms
that
have
27
been
surrendered
and
provide
a
copy
of
the
receipt
to
the
28
respondent.
Within
seventy-two
hours
after
service
of
the
29
order
the
law
enforcement
officer
serving
the
order
shall
file
30
the
original
receipt
with
the
court
and
shall
ensure
that
the
31
law
enforcement
agency
retains
a
copy
of
the
receipt.
32
3.
Upon
a
sworn
statement
or
testimony
of
the
plaintiff
or
33
of
any
law
enforcement
officer
alleging
that
the
respondent
has
34
failed
to
comply
with
the
surrender
of
firearms
and
permits
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as
required
by
any
order
issued
under
this
section,
the
court
1
shall
determine
whether
probable
cause
exists
to
believe
that
2
the
respondent
has
failed
to
surrender
all
firearms
or
permits
3
in
the
possession
of
the
respondent.
If
probable
cause
exists,
4
the
court
shall
issue
a
search
warrant
describing
the
firearms
5
and
authorizing
a
search
of
the
locations
where
the
firearms
6
are
reasonably
believed
to
be
and
the
seizure
of
any
firearms
7
discovered
in
the
search.
8
4.
If
a
person
other
than
the
respondent
claims
to
own
9
any
of
the
firearms
seized
or
surrendered
pursuant
to
this
10
chapter,
and
the
law
enforcement
agency
where
the
firearms
are
11
stored
determines
that
person
to
be
the
lawful
owner
of
the
12
firearms,
the
firearms
shall
be
returned
to
the
lawful
owner
if
13
the
lawful
owner
agrees
to
store
the
firearms
in
such
a
manner
14
that
prevents
the
respondent
from
having
access
to
the
firearms
15
during
the
time
an
extreme
risk
protective
order
or
emergency
16
extreme
risk
protective
order
is
in
effect.
17
Sec.
18.
NEW
SECTION
.
664B.12
Firearm
surrender
——
hearing.
18
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
19
court
shall
order
a
new
hearing
within
three
business
days
20
of
the
issuance
of
the
order
that
requires
the
respondent
21
to
provide
evidence
to
the
court
that
the
respondent
has
22
surrendered
any
firearms
in
the
possession
of
the
respondent.
23
The
court
may
dismiss
the
hearing
upon
a
satisfactory
showing
24
that
the
respondent
has
complied
with
the
order.
25
Sec.
19.
NEW
SECTION
.
664B.13
Firearms
——
storage.
26
All
law
enforcement
agencies
shall
develop
policies
and
27
procedures
by
June
1,
2027,
regarding
the
acceptance,
storage,
28
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
29
under
this
chapter.
30
Sec.
20.
NEW
SECTION
.
664B.14
Return
of
firearms
and
31
unclaimed
firearms.
32
1.
If
an
extreme
risk
protective
order
is
terminated
or
33
expires
without
an
extension,
the
law
enforcement
agency
in
34
possession
of
any
firearms
surrendered
by
a
respondent
shall
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return
any
such
firearms
upon
request
of
the
respondent,
1
provided
the
respondent
is
eligible
to
possess
a
firearm.
2
2.
Notwithstanding
section
809.21,
for
firearms
that
remain
3
unclaimed
by
the
lawful
owner,
the
firearms
shall
be
destroyed
4
pursuant
to
661
IAC
95.8.
5
Sec.
21.
NEW
SECTION
.
664B.15
Penalties.
6
1.
A
person
who
files
a
petition
under
this
chapter
knowing
7
the
information
in
the
petition
to
be
materially
false
commits
8
a
serious
misdemeanor.
9
2.
A
respondent
who
possesses
a
firearm
or
who
ships,
10
transports,
or
receives,
or
attempts
to
ship,
transport,
or
11
receive,
a
firearm
while
an
extreme
risk
protective
order
or
12
emergency
extreme
risk
protective
order
is
in
effect
commits
an
13
aggravated
misdemeanor.
14
3.
A
person
who
claims
ownership
of
a
firearm
pursuant
to
15
section
664B.11,
subsection
4,
who
agrees
to
store
the
firearm
16
in
such
a
manner
that
prevents
a
respondent
from
having
access
17
to
the
firearm
commits
a
serious
misdemeanor
if
the
respondent
18
is
later
found
to
have
access
to
the
firearm
that
is
subject
19
to
the
agreement
while
an
extreme
risk
protective
order
is
in
20
effect.
21
4.
A
respondent
who
violates
subsection
2
shall
be
22
prohibited
from
possessing,
shipping,
transporting,
or
23
receiving
a
firearm
for
a
period
of
five
years
from
the
date
of
24
the
conviction.
25
Sec.
22.
Section
724.8,
Code
2026,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
7.
Is
subject
to
an
extreme
risk
protective
28
order
or
an
emergency
extreme
risk
protective
order
issued
29
under
chapter
664B.
30
NEW
SUBSECTION
.
8.
Has
been
convicted
of
a
violation
of
31
section
664B.15,
subsection
2,
within
the
previous
five
years.
32
Sec.
23.
Section
724.15,
subsection
2,
Code
2026,
is
amended
33
by
adding
the
following
new
paragraphs:
34
NEW
PARAGRAPH
.
f.
Is
subject
to
an
extreme
risk
protective
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order
or
an
emergency
extreme
risk
protective
order
issued
1
under
chapter
664B.
2
NEW
PARAGRAPH
.
g.
Has
been
convicted
of
a
violation
of
3
section
664B.15,
subsection
2,
within
the
previous
five
years.
4
Sec.
24.
Section
724.26,
subsection
2,
paragraph
a,
Code
5
2026,
is
amended
to
read
as
follows:
6
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
is
7
subject
to
a
protective
order
under
18
U.S.C.
§922(g)(8)
or
who
8
has
been
convicted
of
a
misdemeanor
crime
of
domestic
violence
9
under
18
U.S.C.
§922(g)(9)
and
who
knowingly
possesses,
10
ships,
transports,
or
receives
a
firearm,
offensive
weapon,
or
11
ammunition
and
who
is
any
of
the
following
is
guilty
of
a
class
12
“D”
felony
.
:
13
(1)
Is
subject
to
a
protective
order
under
18
U.S.C.
14
§922(g)(8).
15
(2)
Has
been
convicted
of
a
misdemeanor
crime
of
domestic
16
violence
under
18
U.S.C.
§922(g)(9).
17
(3)
Is
subject
to
an
extreme
risk
protective
order
under
18
chapter
664B.
19
DIVISION
VI
20
MENTAL
HEALTH
FUNDING
21
Sec.
25.
NEW
SECTION
.
225E.1
Mental
health
firearm
safety
22
fund.
23
1.
A
mental
health
firearm
safety
fund
is
created
in
the
24
state
treasury
under
the
control
of
the
department
of
health
25
and
human
services
and
shall
consist
of
any
moneys
appropriated
26
by
the
general
assembly
and
any
other
moneys
available
to
and
27
obtained
or
accepted
by
the
department
for
placement
in
the
28
fund.
Moneys
in
the
fund
shall
be
used
to
award
grants
to
29
organizations
or
coalitions
of
organizations
for
any
of
the
30
following
purposes:
31
a.
To
train
staff
at
a
firearms
retailer
or
a
firearm
range
32
on
how
to
recognize
signs
that
a
person
may
be
considering
33
suicide.
34
b.
To
provide
suicide
prevention
materials
for
distribution
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at
a
firearms
retailer
or
a
firearm
range.
1
c.
To
provide
voluntary,
temporary
firearm
storage
for
2
the
lawful
owner
of
a
firearm
who
is
or
may
be
experiencing
a
3
mental
health
emergency.
4
2.
A
grant
awarded
pursuant
to
this
section
shall
not
exceed
5
five
thousand
dollars
per
recipient
organization
per
fiscal
6
year.
7
3.
In
awarding
grants
pursuant
to
subsection
1,
the
8
department
shall
give
preference
to
organizations
or
coalitions
9
of
organizations
that
have
not
previously
received
a
grant
10
under
this
section.
11
4.
For
purposes
of
this
section,
“organization”
means
any
12
of
the
following:
13
a.
A
county.
14
b.
A
city.
15
c.
An
Indian
tribe
as
that
term
is
defined
in
25
U.S.C.
16
§5304,
including
any
subdivision,
subsidiary,
or
business
17
enterprise
wholly
owned
by
such
an
Indian
tribe.
18
DIVISION
VII
19
FIREARM
SALES
ON
COMMERCIAL
PREMISES
20
Sec.
26.
Section
724.16,
Code
2026,
is
amended
by
adding
the
21
following
new
subsections:
22
NEW
SUBSECTION
.
2A.
A
person
shall
not
transfer
or
offer
to
23
transfer
a
firearm
to
another
person
unless
either
person
is
a
24
licensed
firearm
dealer,
as
defined
in
section
724.29A,
and
the
25
transfer
occurs
on
a
commercial
premises
regularly
selling
or
26
offering
for
sale
firearms
on
a
wholesale
or
retail
basis.
27
NEW
SUBSECTION
.
4.
For
purposes
of
this
section,
28
“commercial
premises”
means
a
permanent
installation,
structure,
29
or
premises
associated
with
a
place
of
business
where
goods,
30
wares,
services,
or
merchandise
are
stored
or
offered
for
sale
31
on
a
wholesale
or
retail
basis
and
that
is
regularly
opened
to
32
the
public.
33
Sec.
27.
Section
724.29A,
subsection
1,
paragraph
d,
Code
34
2026,
is
amended
by
striking
the
paragraph.
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Sec.
28.
Section
724.29A,
subsections
2
and
3,
Code
2026,
1
are
amended
to
read
as
follows:
2
2.
A
person
who
knowingly
solicits,
persuades,
encourages,
3
or
entices
a
licensed
firearms
dealer
or
private
seller
of
4
firearms
or
ammunition
to
transfer
a
firearm
or
ammunition
5
under
circumstances
that
the
person
knows
would
violate
the
6
laws
of
this
state
or
of
the
United
States
commits
a
class
“D”
7
felony.
8
3.
A
person
who
knowingly
provides
materially
false
9
information
to
a
licensed
firearms
dealer
or
private
seller
of
10
firearms
or
ammunition
with
the
intent
to
deceive
the
firearms
11
dealer
or
seller
about
the
legality
of
a
transfer
of
a
firearm
12
or
ammunition
commits
a
class
“D”
felony.
13
DIVISION
VIII
14
HATE
CRIMES
——
POLITICAL
AFFILIATION
15
Sec.
29.
Section
729A.2,
Code
2026,
is
amended
to
read
as
16
follows:
17
729A.2
Violation
of
individual
rights
——
hate
crime
——
18
enhanced
penalties
.
19
1.
“Hate
crime”
means
one
of
the
following
public
offenses
20
when
committed
against
a
person
or
a
person’s
property
because
21
of
the
person’s
race,
color,
religion,
ancestry,
national
22
origin,
political
affiliation,
sex,
sexual
orientation,
age,
23
or
disability,
or
the
person’s
association
with
a
person
of
24
a
certain
race,
color,
religion,
ancestry,
national
origin,
25
political
affiliation,
sex,
sexual
orientation,
age,
or
26
disability:
27
1.
a.
Assault
in
violation
of
individual
rights
under
28
section
708.2C
.
29
2.
b.
Violations
of
individual
rights
under
section
712.9
.
30
3.
c.
Criminal
mischief
in
violation
of
individual
rights
31
under
section
716.6A
.
32
4.
d.
Trespass
in
violation
of
individual
rights
under
33
section
716.8,
subsections
3
and
4
.
34
2.
A
hate
crime
committed
because
of
a
person’s
political
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affiliation
shall
be
classified
and
punished
as
an
offense
one
1
degree
higher
than
the
underlying
offense.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
firearms,
including
background
checks
6
for
acquiring
pistols
or
revolvers,
identification
markings
7
on
firearms
and
firearm
parts,
trigger
locks,
extreme
risk
8
protective
orders,
mental
health
funding,
certain
firearm
9
transfers,
and
certain
related
crimes.
10
DIVISION
I
——
TITLE.
The
bill
is
titled
and
may
be
cited
as
11
the
“Charlie
Kirk
and
Melissa
Hortman
Firearm
Regulation
Act”.
12
DIVISION
II
——
BACKGROUND
CHECKS.
Current
law
provides
that
13
an
unlicensed
person
acquiring
a
pistol
or
revolver
from
a
14
federally
licensed
firearms
dealer
is
required
to
have
a
valid
15
permit
to
acquire
or
a
valid
permit
to
carry
weapons
issued
16
under
the
provisions
of
Code
chapter
724
or
the
person
must
17
complete
a
satisfactory
national
instant
criminal
background
18
check
pursuant
to
18
U.S.C.
§922(t).
19
The
bill
provides
that
in
order
for
any
person
to
acquire
20
a
pistol
or
revolver
from
any
other
person,
and
in
order
21
to
provide
proof
of
a
background
check
and
notify
that
the
22
purchaser
is
of
legal
age,
a
person
is
required
to
have
a
valid
23
permit
to
acquire
or
a
valid
permit
to
carry
weapons
issued
24
under
the
provisions
of
Code
chapter
724
or
the
person
must
25
complete
a
satisfactory
national
instant
criminal
background
26
check
pursuant
to
18
U.S.C.
§922(t).
27
DIVISION
III
——
FIREARM
IDENTIFICATION.
The
bill
requires
28
the
department
of
public
safety
(DPS),
in
consultation
with
29
the
bureau
of
alcohol,
tobacco,
firearms,
and
explosives
as
30
necessary,
by
December
1,
2026,
to
develop
and
maintain
a
31
system
to
distribute
a
unique
serial
number
or
other
mark
of
32
identification
for
a
firearm
or
unfinished
frame
or
lower
33
receiver
intended
to
be
a
part
of
a
firearm
to
any
person
34
requesting
such
number
or
mark.
The
bill
prohibits
a
person
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from
removing,
defacing,
altering,
or
obliterating
the
name
of
1
any
maker
or
model,
maker’s
number,
unique
serial
number,
or
2
other
mark
of
identification
on
any
firearm.
The
possession
of
3
any
firearm
upon
which
any
identifying
mark,
number,
or
name
4
has
been
removed,
defaced,
altered,
or
obliterated
shall
be
5
prima
facie
evidence
that
the
person
owning
or
in
possession
of
6
such
firearm
has
removed,
defaced,
altered,
or
obliterated
the
7
identifying
mark,
number,
or
name.
8
The
bill
prohibits
a
person
from
completing
the
manufacture
9
of
a
firearm
without
subsequently
obtaining
a
unique
serial
10
number
or
other
mark
of
identification
from
DPS
and
engraving
11
upon
or
permanently
affixing
to
the
firearm
such
serial
12
number
or
other
mark
in
a
manner
that
conforms
with
federal
13
requirements.
The
bill
prohibits
a
person
from
transferring
14
to
another
person
a
firearm
manufactured
in
violation
of
the
15
bill
or
facilitating,
aiding,
or
abetting
the
manufacture
16
of
a
firearm
by
a
person
or
for
a
person
who
is
otherwise
17
prohibited
by
law
from
purchasing
or
possessing
a
firearm,
or
18
that
a
person
is
otherwise
prohibited
by
law
from
purchasing
19
or
possessing.
20
The
prohibitions
relating
to
the
manufacture
or
transfer
21
of
firearms
that
do
not
have
a
proper
identifying
mark
do
not
22
apply
to
the
manufacture
of
a
firearm
manufactured
using
an
23
unfinished
frame
or
lower
receiver
on
which
a
serial
number
24
or
other
identifying
mark
has
been
engraved
or
permanently
25
affixed;
to
the
manufacture
of
firearms
by
a
federally
licensed
26
firearms
manufacturer;
to
any
antique
firearm
or
any
firearm
27
manufactured
prior
to
the
effective
date
of
the
bill,
provided
28
such
firearm
is
otherwise
lawfully
possessed;
or
to
the
29
delivery
or
transfer
of
a
firearm
to
a
law
enforcement
agency.
30
The
bill
prohibits
a
person
from
selling,
delivering,
or
31
otherwise
transferring
an
unfinished
frame
or
lower
receiver
32
that
does
not
have
a
unique
serial
number
or
other
mark
of
33
identification
obtained
pursuant
to
the
bill.
Beginning
34
December
1,
2026,
a
person
shall
not
possess
an
unfinished
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frame
or
lower
receiver
unless
the
person
is
eligible
to
1
purchase
and
possess
a
firearm
under
state
and
federal
law.
2
These
provisions
do
not
apply
to
the
sale,
delivery,
or
3
transfer
of
an
unfinished
frame
or
lower
receiver
between
4
a
federally
licensed
firearms
manufacturer
and
a
federally
5
licensed
firearms
dealer,
a
federally
licensed
firearms
6
importer
and
a
federally
licensed
firearms
dealer,
or
multiple
7
federally
licensed
firearms
dealers.
8
The
bill
prohibits
a
person
from
manufacturing
any
firearm
9
from
polymer
plastic
that,
after
removal
of
grips,
stocks,
10
and
magazines,
is
not
as
detectable
as
a
security
exemplar
by
11
walk-through
metal
detectors
calibrated
and
operated
to
detect
12
the
security
exemplar.
13
Generally,
a
person
who
violates
a
provision
of
the
bill
14
commits
a
class
“C”
felony.
However,
a
person
who
sells,
15
delivers,
or
otherwise
transfers
an
unfinished
frame
or
lower
16
receiver
in
violation
of
the
provisions
of
the
bill
knowing
17
that
such
unfinished
frame
or
lower
receiver
is
stolen
or
that
18
the
manufacturer’s
number
or
other
mark
of
identification
on
19
such
unfinished
frame
or
lower
receiver
has
been
altered,
20
removed,
or
obliterated
commits
a
class
“B”
felony.
Any
21
firearm
or
unfinished
frame
or
lower
receiver
possessed
in
22
violation
of
the
bill
shall
be
forfeited
to
DPS.
23
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
24
than
10
years
and
a
fine
of
at
least
$1,370
but
not
more
than
25
$13,660.
A
class
“B”
felony
is
punishable
by
confinement
for
26
no
more
than
25
years.
27
DIVISION
IV
——
SAFE
STORAGE.
The
bill
establishes
a
public
28
safety
trigger
lock
fund
in
the
state
treasury
under
the
29
control
of
DPS.
DPS
may
receive
and
accept
donations,
grants,
30
loans,
and
contributions
from
any
public
or
private
source
for
31
deposit
into
the
trust
fund
for
the
purpose
of
providing
free
32
trigger
locks
to
firearms
owners.
DPS
shall
work
with
law
33
enforcement
agencies
of
the
state,
local
governments,
and
other
34
local
entities
and
nonprofit
organizations
to
provide
trigger
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locks
at
no
cost
to
firearms
owners
in
the
state.
1
Current
law
prohibits
any
person
from
storing
or
leaving
2
a
loaded
firearm
which
is
not
secured
by
a
trigger
lock
3
mechanism,
placed
in
a
securely
locked
box
or
container,
or
4
placed
in
some
other
location
which
a
reasonable
person
would
5
believe
to
be
secure
from
a
minor
under
the
age
of
14
years,
if
6
such
person
knows
or
has
reason
to
believe
that
a
minor
under
7
the
age
of
14
years
is
likely
to
gain
access
to
the
firearm,
the
8
minor
lawfully
gains
access
to
the
firearm
without
the
consent
9
of
the
minor’s
parent,
guardian,
or
person
having
charge
of
the
10
minor,
and
the
minor
exhibits
the
firearm
in
a
public
place
in
11
an
unlawful
manner,
or
uses
the
firearm
unlawfully
to
cause
12
injury
or
death
to
a
person.
13
The
bill
prohibits
any
person
from
storing
or
leaving
a
14
loaded
or
unloaded
firearm
that
is
not
secured
by
a
trigger
15
lock
mechanism,
placed
in
a
securely
locked
box
or
container,
16
or
placed
in
some
other
location
that
a
reasonable
person
would
17
believe
to
be
secure
from
a
minor
under
the
age
of
18
years,
if
18
such
person
knows
or
has
reason
to
believe
that
a
minor
under
19
the
age
of
18
years
is
likely
to
gain
access
to
the
firearm
20
without
the
lawful
permission
of
the
minor’s
parent,
guardian,
21
or
person
having
charge
of
the
minor,
and
the
minor
lawfully
22
gains
access
to
the
firearm
without
the
consent
of
the
minor’s
23
parent,
guardian,
or
person
having
charge
of
the
minor.
24
A
violation
of
the
bill
is
punishable
as
a
serious
25
misdemeanor.
A
serious
misdemeanor
is
punishable
by
26
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
27
$430
but
not
more
than
$2,560.
28
DIVISION
V
——
EXTREME
RISK
PROTECTIVE
ORDERS.
For
purposes
29
of
this
division,
the
bill
defines
“family
member”
to
mean
a
30
spouse,
person
cohabiting,
a
parent,
or
other
person
related
by
31
consanguinity
or
affinity.
“Firearm”
includes
ammunition
and
32
any
offensive
weapon
as
that
term
is
defined
in
Code
section
33
724.1.
“Possession”
includes
ownership,
custody,
or
control.
34
“Plaintiff”
means
a
family
member,
a
person
with
whom
the
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respondent
is
having
an
intimate
relationship
with,
or
a
peace
1
officer.
“Intimate
relationship”
means
the
same
as
defined
in
2
Code
section
235E.1.
3
Under
the
bill,
a
plaintiff
may
file
a
petition
in
district
4
court
requesting
an
extreme
risk
protective
order
stating
5
that
the
subject
of
the
extreme
risk
protective
petition
6
(respondent)
presents
a
significant
danger
to
the
respondent’s
7
self
or
others
by
possessing,
shipping,
transporting,
or
8
receiving
firearms.
The
bill
requires
the
petition
to
contain
9
an
affidavit
stating
the
specific
facts
that
give
rise
to
10
the
reasons
the
respondent
presents
a
significant
danger
to
11
the
respondent’s
self
or
others;
the
location,
type,
and
12
number
of
firearms
the
plaintiff
believes
are
possessed
by
the
13
respondent;
whether
the
respondent
is
subject
to
a
current
14
protective
order
or
no-contact
order;
and
whether
any
legal
15
proceedings
are
pending
between
the
plaintiff
and
respondent.
16
In
lieu
of
personal
service
of
an
extreme
risk
protective
17
order
on
a
respondent,
the
bill
allows
a
sheriff
of
any
county
18
in
this
state
or
any
peace
officer
or
corrections
officer
19
in
this
state
to
serve
the
respondent
with
a
short-form
20
notification
to
effectuate
service
of
an
unserved
order.
21
Short-form
notification
includes
service
during
traffic
stops
22
and
other
contacts
with
the
respondent
by
a
sheriff,
peace
23
officer,
or
corrections
officer
in
this
state
in
the
course
of
24
performing
official
duties.
25
The
bill
requires
the
department
of
justice
to
prescribe
26
standard
forms
to
be
used
by
a
plaintiff
proceeding
pro
se
when
27
filing
an
extreme
risk
protective
order
petition.
28
The
bill
permits
a
county
attorney’s
office
to
provide
29
assistance
to
a
plaintiff
wishing
to
initiate
the
filing
of
an
30
extreme
risk
protective
order
petition
or
to
a
plaintiff
at
any
31
stage
of
a
proceeding
under
the
bill,
if
the
plaintiff
does
32
not
have
sufficient
funds
to
pay
for
legal
assistance
and
if
33
the
assistance
does
not
create
a
conflict
of
interest
for
the
34
county
attorney’s
office.
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The
bill
permits
the
plaintiff
to
use
an
alternate
mailing
1
address
for
the
purposes
of
filing
a
petition
for
an
extreme
2
risk
protective
order
including
the
mailing
address
of
a
3
shelter
or
other
agency,
a
public
or
private
post
office
box,
4
or
any
other
mailing
address
with
permission
of
the
resident
of
5
that
address.
6
The
bill
requires
that
hearing
on
the
petition
for
an
extreme
7
risk
protective
order
shall
occur
not
less
than
five
but
no
8
more
than
15
days
after
commencing
the
proceeding
and
after
9
notice
to
the
respondent.
10
The
bill
provides
that
upon
hearing
on
the
petition,
if
11
the
court
finds
by
a
preponderance
of
the
evidence
that
the
12
respondent
presents
a
significant
danger
to
the
respondent’s
13
self
or
others
by
possessing,
shipping,
transporting,
or
14
receiving
firearms,
the
court
shall
issue
an
extreme
risk
15
protective
order
for
a
period
of
one
year.
In
determining
16
whether
grounds
for
an
extreme
risk
protective
order
exist,
17
the
court
may
consider
any
relevant
evidence
including
but
not
18
limited
to
the
following:
a
recent
act
or
threat
of
violence
19
by
the
respondent
against
the
respondent’s
self
or
others;
a
20
pattern
of
acts
or
threats
of
violence
against
the
respondent’s
21
self
or
others
by
the
respondent
within
the
preceding
twelve
22
months
of
the
filing
of
the
petition;
any
serious
mental
23
impairment
of
the
respondent;
any
previous
violations
of
24
no-contact
orders
or
protective
orders
by
the
respondent;
a
25
previous
issuance
of
an
extreme
risk
protective
order
issued
26
against
the
respondent;
a
previous
domestic
abuse
assault
27
conviction;
the
possession
of
a
firearm
or
the
reckless
use,
28
display,
or
brandishing
of
a
firearm
by
the
respondent;
any
29
history
of
use
of
physical
force
by
the
respondent
against
30
another
person;
any
prior
criminal
history
of
the
respondent;
31
and
evidence
of
abuse
of
a
controlled
substance
or
alcohol
by
32
the
respondent.
33
The
bill
allows
a
plaintiff
to
request
an
emergency
extreme
34
risk
protective
order,
without
notice
to
the
respondent,
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by
including
in
the
petition
detailed
allegations
based
on
1
personal
knowledge
that
the
respondent
poses
a
significant
2
danger
to
the
respondent’s
self
or
others,
in
the
near
3
future,
by
possessing,
shipping,
transporting,
or
receiving
4
firearms.
If
the
court
finds
good
cause
to
believe
that
the
5
respondent
presents
a
significant
danger
to
the
respondent’s
6
self
or
others,
in
the
near
future,
by
possessing,
shipping,
7
transporting,
or
receiving
firearms,
the
court
shall
issue
an
8
emergency
extreme
risk
protective
order.
9
The
court
shall
hold
an
emergency
extreme
risk
protective
10
order
hearing
in
person
or
by
telephone
on
the
day
the
petition
11
is
filed.
12
When
the
court
is
unavailable
from
the
close
of
business
13
at
the
end
of
the
day
or
week
to
the
resumption
of
business
14
at
the
beginning
of
the
day
or
week,
the
bill
provides
that
15
a
petition
for
an
extreme
risk
protective
order
may
be
filed
16
before
a
district
judge,
or
district
associate
judge
designated
17
by
the
chief
judge
of
the
judicial
district,
who
may
grant
18
emergency
relief,
if
the
district
judge
or
district
associate
19
judge
finds
good
cause
to
believe
that
the
respondent
presents
20
a
significant
danger
to
the
respondent’s
self
or
others,
in
21
the
near
future,
by
possessing,
shipping,
transporting,
or
22
receiving
firearms.
23
The
emergency
extreme
risk
protective
order
shall
be
in
24
effect
until
the
issuance
of
an
extreme
risk
protective
order
25
after
a
hearing
on
the
petition
for
an
extreme
risk
protective
26
order
or
the
court
determines
at
the
hearing
on
the
petition
27
that
the
plaintiff
has
not
proven
by
a
preponderance
of
the
28
evidence
that
the
respondent
presents
a
significant
danger
29
to
the
respondent’s
self
or
others
by
possessing,
shipping,
30
transporting,
or
receiving
firearms.
31
In
lieu
of
personal
service
of
an
emergency
extreme
risk
32
protective
order
on
a
respondent,
the
bill
allows
a
sheriff
of
33
any
county
in
this
state
or
any
peace
officer
or
corrections
34
officer
to
serve
the
respondent
with
a
short-form
notification
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to
effectuate
the
service
on
an
unserved
order.
Short-form
1
notification
includes
service
during
traffic
stops
and
other
2
contacts
with
the
respondent
by
the
sheriff,
peace
officer,
or
3
corrections
officer.
4
Under
the
bill,
the
respondent
may
submit
a
request
for
5
a
hearing
to
terminate
an
extreme
risk
protective
order
6
during
each
12-month
period
that
the
order
is
in
effect,
7
beginning
from
the
date
of
the
order
and
continuing
through
8
any
extensions.
The
bill
provides
that
the
respondent
shall
9
have
the
burden
of
proving
by
a
preponderance
of
the
evidence
10
that
the
respondent
does
not
present
a
significant
danger
11
to
the
respondent’s
self
or
others
by
possessing,
shipping,
12
transporting,
or
receiving
firearms.
13
An
extreme
risk
protective
order
may
be
extended
under
the
14
bill.
A
family
member
may
by
motion
request
an
extension
of
an
15
extreme
risk
protective
order
within
90
days
of
the
expiration
16
of
the
order.
The
bill
provides
that
if
the
court
finds
by
17
a
preponderance
of
the
evidence
that
the
requirements
for
18
issuance
of
an
extreme
risk
protective
order
continue
to
be
19
met,
the
court
shall
extend
the
order.
20
Upon
the
issuance
of
an
extreme
risk
protective
order
or
an
21
emergency
extreme
risk
protective
order,
the
bill
provides
that
22
the
court
shall
order
the
respondent
to
immediately
surrender
23
to
the
law
enforcement
agency
named
in
the
protective
order
all
24
firearms
possessed
by
the
respondent
and
any
permit
to
carry
25
weapons
or
permit
to
acquire
possessed
by
the
respondent
within
26
48
hours
of
being
served
with
the
order
or
within
48
hours
of
27
the
end
of
the
hearing
on
the
petition
at
which
the
respondent
28
was
present
and
an
order
was
subsequently
issued.
29
The
bill
requires
that
at
the
time
of
surrendering
any
30
firearms,
a
peace
officer
taking
possession
of
any
firearms
31
shall
issue
a
receipt
identifying
all
firearms
that
have
32
been
surrendered
and
provide
a
copy
of
the
receipt
to
the
33
respondent.
34
Upon
a
sworn
statement
or
testimony
of
the
petitioner
or
of
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any
peace
officer
alleging
that
the
respondent
has
failed
to
1
comply
with
the
surrender
of
firearms
and
permits
as
required
2
by
any
order,
the
bill
requires
the
court
to
determine
whether
3
probable
cause
exists
to
believe
that
the
respondent
has
failed
4
to
surrender
all
firearms
or
permits
in
the
possession
of
the
5
respondent.
If
probable
cause
exists,
the
bill
requires
the
6
court
to
issue
a
search
warrant
describing
the
firearms
and
7
authorizing
a
search
of
the
locations
where
the
firearms
are
8
reasonably
believed
to
be
and
the
seizure
of
any
firearms
9
discovered
in
the
search.
10
If
a
person
other
than
the
respondent
claims
to
own
any
of
11
the
firearms
seized
or
surrendered
pursuant
to
the
bill
and
the
12
law
enforcement
agency
where
the
firearms
are
stored
determines
13
the
person
to
be
the
lawful
owner
of
the
firearms,
the
firearms
14
shall
be
returned
to
the
lawful
owner
if
the
lawful
owner
15
agrees
to
store
the
firearms
in
such
a
manner
that
prevents
16
the
respondent
from
having
access
to
the
firearms
during
the
17
time
an
extreme
risk
protective
order
or
emergency
extreme
risk
18
protective
order
is
in
effect.
Under
the
bill,
the
lawful
19
owner
commits
a
serious
misdemeanor
if
the
respondent
is
later
20
found
to
have
access
to
the
firearms
while
an
extreme
risk
21
protective
order
or
emergency
extreme
risk
protective
order
is
22
in
effect
against
the
respondent.
23
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
24
bill
requires
the
court
to
order
a
new
hearing
within
three
25
business
days
of
the
issuance
of
the
extreme
risk
protective
26
order
that
requires
the
respondent
to
provide
evidence
to
the
27
court
that
the
respondent
has
surrendered
any
firearms
in
28
the
possession
of
the
respondent.
The
court
may
dismiss
the
29
hearing
upon
a
satisfactory
showing
that
the
respondent
has
30
complied
with
the
extreme
risk
protective
order.
31
All
law
enforcement
agencies
must
develop
policies
and
32
procedures
by
June
1,
2027,
regarding
the
acceptance,
storage,
33
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
34
under
the
bill.
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Under
the
bill,
if
an
extreme
risk
protective
order
is
1
terminated
or
expires
without
an
extension,
the
law
enforcement
2
agency
holding
any
firearms
surrendered
by
the
respondent
shall
3
return
any
firearms
to
the
respondent
upon
request
of
the
4
respondent,
provided
the
respondent
is
eligible
to
possess
a
5
firearm.
6
Notwithstanding
Code
section
809.21
(sale
of
certain
7
ammunition
and
firearms),
for
firearms
that
remain
unclaimed
by
8
the
lawful
owner,
the
firearms
shall
be
destroyed
pursuant
to
9
661
IAC
95.8.
10
The
bill
provides
that
a
respondent
shall
not
be
eligible
11
to
obtain
a
permit
to
carry
weapons
or
a
permit
to
acquire
12
pistols
or
revolvers
while
an
extreme
risk
protective
order
or
13
emergency
extreme
risk
protective
order
is
in
effect
against
14
the
respondent.
15
The
bill
provides
that
a
plaintiff
who
files
a
petition
for
16
an
extreme
risk
protective
order
knowing
the
information
in
the
17
petition
to
be
materially
false
commits
a
serious
misdemeanor.
18
The
bill
provides
that
a
respondent
who
possesses
a
firearm
19
or
who
ships,
transports,
or
receives,
or
attempts
to
ship,
20
transport,
or
receive,
such
a
firearm
while
an
extreme
risk
21
protective
order
or
emergency
extreme
risk
protective
order
22
is
in
effect
against
the
respondent
commits
an
aggravated
23
misdemeanor.
A
respondent
who
violates
this
provision
shall
24
be
prohibited
from
possessing,
shipping,
transporting,
or
25
receiving
a
firearm
for
a
period
of
five
years
from
the
date
26
of
the
conviction.
If
during
the
five-year
prohibition
period
27
the
respondent
knowingly
has
under
the
respondent’s
dominion
28
and
control
or
possession
or
ships,
transports,
or
receives,
or
29
causes
to
be
shipped,
transported,
or
received,
a
firearm,
the
30
respondent
commits
a
class
“D”
felony.
31
A
serious
misdemeanor
is
punishable
by
confinement
for
no
32
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
33
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
34
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
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not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
1
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
2
$1,025
but
not
more
than
$10,245.
3
DIVISION
VI
——
MENTAL
HEALTH
FUNDING.
The
bill
establishes
4
a
mental
health
firearm
safety
fund
(fund)
under
the
control
5
of
the
department
of
health
and
human
services
(HHS)
to
be
6
funded
with
moneys
appropriated
by
the
general
assembly
and
any
7
other
moneys
available
to
and
obtained
or
accepted
by
HHS
for
8
placement
in
the
fund.
9
The
bill
allows
HHS
to
use
moneys
in
the
fund
to
award
10
grants
to
organizations
for
the
purposes
of
training
staff
at
a
11
firearms
retailer
or
a
firearm
range
on
how
to
recognize
signs
12
that
a
person
may
be
considering
suicide;
providing
suicide
13
prevention
materials
for
distribution
at
a
firearms
retailer
14
or
a
firearm
range;
or
providing
voluntary,
temporary
firearm
15
storage
for
the
lawful
owner
of
a
firearm
who
is
or
may
be
16
experiencing
a
mental
health
emergency.
17
The
bill
limits
annual
awards
from
the
fund
to
$5,000
per
18
recipient
organization
per
fiscal
year.
19
The
bill
requires
HHS,
when
awarding
grants
from
the
fund,
to
20
give
preference
to
organizations
or
coalitions
of
organizations
21
that
have
not
previously
received
a
grant
from
the
fund.
22
The
bill
defines
“organization”
as
a
county;
a
city;
or
23
an
Indian
tribe
as
defined
in
25
U.S.C.
§5304,
including
any
24
subdivision,
subsidiary,
or
business
enterprise
wholly
owned
25
by
such
an
Indian
tribe.
26
DIVISION
VII
——
FIREARM
SALES
ON
COMMERCIAL
PREMISES.
The
27
bill
prohibits
the
transfer
of
firearms
unless
the
transfer
is
28
done
by
a
licensed
firearms
dealer
on
a
commercial
premises
29
regularly
selling
or
offering
for
sale
firearms
on
a
wholesale
30
or
retail
basis,
and
makes
conforming
changes.
The
bill
31
defines
“commercial
premises”
as
a
permanent
installation,
32
structure,
or
premises
associated
with
a
place
of
business
33
where
goods,
wares,
services,
or
merchandise
are
stored
34
or
offered
for
sale
on
a
wholesale
or
retail
basis
and
is
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regularly
opened
to
the
public.
1
A
person
in
violation
of
the
transfer
prohibition
is
guilty
2
of
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
by
3
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
4
$1,025
but
not
more
than
$10,245.
5
DIVISION
VIII
——
HATE
CRIMES
——
POLITICAL
AFFILIATION.
The
6
bill
provides
that
an
enumerated
public
offense
committed
7
against
a
person
or
person’s
property
because
of
the
person’s
8
political
affiliation
is
classified
and
punished
as
an
offense
9
one
degree
higher
than
the
underlying
offense.
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