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Senate
File
2122
-
Introduced
SENATE
FILE
2122
BY
STAED
A
BILL
FOR
An
Act
relating
to
the
creation
of
an
extreme
risk
protective
1
order
against
a
person
in
possession
of
a
firearm
who
2
presents
a
significant
danger
to
the
person’s
self
or
3
others,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
664A.1,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
a.
“Protective
order”
means
a
protective
order
issued
3
pursuant
to
chapter
232
,
a
court
order
or
court-approved
4
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
5
235F
,
a
court
order
or
court-approved
consent
agreement
entered
6
pursuant
to
chapter
236
or
236A
,
including
a
valid
foreign
7
protective
order
under
section
236.19,
subsection
3
,
or
section
8
236A.19,
subsection
3
,
a
temporary
or
permanent
protective
9
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
10
order
that
establishes
conditions
of
release
or
is
a
protective
11
order
or
sentencing
order
in
a
criminal
prosecution
arising
12
from
a
domestic
abuse
assault
under
section
708.2A
or
older
13
individual
assault
under
section
708.2D
,
or
a
civil
injunction
14
issued
pursuant
to
section
915.22
.
15
b.
“Protective
order”
does
not
include
an
extreme
risk
16
protective
order
issued
pursuant
to
chapter
664B.
17
Sec.
2.
NEW
SECTION
.
664B.1
Definitions.
18
As
used
in
this
chapter
unless
the
context
otherwise
19
requires:
20
1.
“Affidavit”
means
a
written
declaration
or
statement
of
21
fact
made
under
oath,
or
legally
sufficient
affirmation,
before
22
any
person
authorized
to
administer
oaths
within
or
without
the
23
state.
24
2.
“Family
member”
means
a
spouse,
person
cohabiting,
a
25
parent,
or
other
person
related
by
consanguinity
or
affinity.
26
3.
“Firearm”
includes
ammunition
and
any
offensive
weapon
as
27
that
term
is
defined
in
section
724.1.
28
4.
“Intimate
relationship”
means
the
same
as
defined
in
29
section
235E.1.
30
5.
“Plaintiff”
means
a
family
member,
a
person
with
whom
the
31
respondent
is
having
an
intimate
relationship
with,
or
a
peace
32
officer
who
files
a
petition
under
this
chapter.
33
6.
“Possession”
includes
ownership,
custody,
or
control.
34
7.
“Respondent”
means
a
person
against
whom
a
protective
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order
is
filed
under
this
chapter.
1
Sec.
3.
NEW
SECTION
.
664B.2
Extreme
risk
protective
order
2
——
petition.
3
1.
A
plaintiff
may
file
a
petition
in
the
district
court
4
requesting
an
extreme
risk
protective
order.
Venue
shall
lie
5
in
the
county
where
either
party
resides.
The
petition
shall
6
contain
all
of
the
following:
7
a.
The
name
of
the
plaintiff
and
the
name
and
address
of
the
8
plaintiff’s
attorney,
if
any.
If
the
plaintiff
is
proceeding
9
pro
se,
the
petition
shall
state
a
mailing
address
for
the
10
plaintiff.
A
mailing
address
may
be
provided
by
the
plaintiff
11
pursuant
to
section
664B.6.
12
b.
A
statement
of
facts
alleging
the
respondent
presents
13
a
significant
danger
to
the
respondent’s
self
or
others
by
14
possessing,
shipping,
transporting,
or
receiving
firearms
15
accompanied
by
an
affidavit
stating
the
specific
statements,
16
actions,
or
facts
that
give
rise
to
the
reasons
the
respondent
17
presents
a
significant
danger
to
the
respondent’s
self
or
18
others
by
possessing,
shipping,
transporting,
or
receiving
19
firearms.
20
c.
The
location,
type,
and
number
of
firearms
the
plaintiff
21
believes
are
possessed
by
the
respondent.
22
d.
Whether
the
respondent
is
subject
to
a
current
protective
23
order
or
a
no-contact
order.
24
e.
Whether
any
legal
proceeding
is
pending
between
the
25
plaintiff
and
respondent,
and
if
so,
the
nature
of
the
legal
26
proceeding.
27
f.
Desired
relief,
including
a
request
for
temporary
or
28
emergency
orders.
29
2.
The
filing
fee
and
court
costs
for
an
extreme
risk
30
protective
order
shall
be
waived
for
the
plaintiff.
31
3.
The
clerk
of
the
district
court,
the
sheriff
of
any
32
county
in
this
state,
or
any
peace
officer
or
corrections
33
officer
shall
perform
their
duties
relating
to
service
of
34
process
without
charge
to
the
plaintiff.
When
an
order
for
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an
extreme
risk
protective
order
is
entered
by
the
court,
the
1
court
may
direct
the
respondent
to
pay
to
the
clerk
of
court
2
the
fees
for
the
filing
of
the
petition
and
reasonable
costs
3
of
service
of
process
if
the
court
determines
the
respondent
4
has
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
In
lieu
5
of
personal
service
of
an
extreme
risk
protective
order
issued
6
pursuant
to
this
section,
the
sheriff
of
any
county
in
this
7
state,
and
other
law
enforcement
and
corrections
officers,
may
8
serve
a
respondent
with
a
short-form
notification
pursuant
to
9
section
664B.3.
10
Sec.
4.
NEW
SECTION
.
664B.3
Short-form
notification.
11
1.
In
lieu
of
personal
service
of
an
extreme
risk
protective
12
order
or
an
emergency
extreme
risk
protective
order
on
a
13
respondent
whose
firearms
are
to
be
surrendered
by
such
an
14
order,
a
sheriff
of
any
county
in
this
state
or
any
peace
15
officer
or
corrections
officer
in
this
state
may
serve
the
16
respondent
with
a
short-form
notification
pursuant
to
this
17
section
to
effectuate
service
of
an
unserved
order.
18
2.
Service
of
a
short-form
notification
under
this
section
19
shall
be
allowed
during
traffic
stops
and
other
contacts
with
20
the
respondent
by
a
sheriff,
peace
officer,
or
corrections
21
officer
in
this
state
in
the
course
of
performing
official
22
duties.
The
respondent
may
be
detained
for
a
reasonable
period
23
of
time
to
complete
the
short-form
notification
process.
24
3.
When
the
short-form
notification
process
is
complete,
25
the
sheriff,
peace
officer,
or
corrections
officer
serving
the
26
notification
shall
file
a
copy
of
the
notification
with
the
27
clerk
of
the
district
court.
The
filing
shall
indicate
the
28
date
and
time
the
notification
was
served
on
the
respondent.
29
4.
The
short-form
notification
shall
be
on
a
form
30
prescribed
by
the
state
court
administrator.
The
state
court
31
administrator
shall
prescribe
rules
relating
to
the
content
32
and
distribution
of
the
form
to
appropriate
law
enforcement
33
agencies
in
this
state.
The
form
shall
include
but
not
be
34
limited
to
all
of
the
following
statements:
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a.
The
respondent
shall
immediately
surrender
all
firearms
1
in
the
respondent’s
possession
and
any
permit
to
carry
weapons
2
or
permit
to
acquire
in
the
respondent’s
possession.
3
b.
The
respondent
is
responsible
for
obtaining
a
full
copy
4
of
the
extreme
risk
protective
order
or
emergency
extreme
risk
5
protective
order
from
the
county
sheriff
of
the
county
in
which
6
the
order
was
entered
or
from
the
clerk
of
the
district
court.
7
c.
The
terms
and
conditions
of
the
extreme
risk
protective
8
order
or
emergency
extreme
risk
protective
order
are
9
enforceable,
and
the
respondent
is
subject
to
arrest
for
10
violating
the
protective
order.
11
Sec.
5.
NEW
SECTION
.
664B.4
Plaintiffs
proceeding
pro
se
——
12
provision
of
forms
and
assistance.
13
1.
The
department
of
justice
shall
prescribe
standard
forms
14
to
be
used
by
a
plaintiff
proceeding
pro
se
when
filing
a
15
petition
under
this
chapter.
The
standard
forms
shall
include
16
language
in
fourteen
point
boldface
type.
Standard
forms
17
prescribed
by
the
department
shall
be
the
exclusive
forms
used
18
by
a
plaintiff
proceeding
pro
se,
and
may
be
used
by
other
19
plaintiffs.
The
department
shall
distribute
the
forms
to
the
20
clerks
of
the
district
courts.
21
2.
The
clerk
of
the
district
court
shall
furnish
the
22
required
forms
to
plaintiffs
seeking
an
extreme
risk
protective
23
order
through
pro
se
proceedings
pursuant
to
this
chapter.
24
Sec.
6.
NEW
SECTION
.
664B.5
Assistance
by
county
attorney.
25
A
county
attorney’s
office
may
provide
assistance
to
a
26
plaintiff
wishing
to
initiate
proceedings
pursuant
to
this
27
chapter
or
to
a
plaintiff
at
any
stage
of
a
proceeding
under
28
this
chapter,
if
the
plaintiff
does
not
have
sufficient
funds
29
to
pay
for
legal
assistance
and
if
the
assistance
does
not
30
create
a
conflict
of
interest
for
the
county
attorney’s
office.
31
The
assistance
provided
may
include,
but
is
not
limited
to,
32
assistance
in
obtaining
or
completing
forms,
filing
a
petition
33
or
other
necessary
pleading,
presenting
evidence
to
the
court,
34
and
enforcing
the
orders
of
the
court
entered
pursuant
to
this
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chapter.
Providing
assistance
pursuant
to
this
section
shall
1
not
be
considered
the
private
practice
of
law
for
the
purposes
2
of
section
331.752.
3
Sec.
7.
NEW
SECTION
.
664B.6
Plaintiff’s
address
——
4
confidentiality
of
records.
5
1.
A
plaintiff
may
use
any
of
the
following
addresses
as
a
6
mailing
address
for
purposes
of
filing
a
petition
under
this
7
chapter:
8
a.
The
mailing
address
of
a
shelter
or
other
agency.
9
b.
A
public
or
private
post
office
box.
10
c.
Any
other
mailing
address,
with
the
permission
of
the
11
resident
of
that
address.
12
2.
A
plaintiff
shall
report
any
change
of
address,
whether
13
designated
according
to
subsection
1
or
otherwise,
to
the
clerk
14
of
the
district
court
no
more
than
five
days
after
the
previous
15
address
on
record
becomes
invalid.
16
3.
The
entire
file
or
a
portion
of
the
file
under
this
17
chapter
shall
be
sealed
by
the
clerk
of
the
district
court
as
18
ordered
by
the
court
to
protect
the
privacy
interest
or
safety
19
of
any
person.
20
4.
Notwithstanding
subsection
3,
court
orders
shall
remain
21
public
records,
although
the
court
may
order
that
address
and
22
location
information
be
redacted
from
the
public
records.
23
Sec.
8.
NEW
SECTION
.
664B.7
Hearing.
24
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
25
commencing
a
proceeding
and
upon
notice
to
the
other
party,
26
a
hearing
shall
be
held
at
which
the
plaintiff
must
prove
by
27
a
preponderance
of
the
evidence
that
the
respondent
presents
28
a
significant
danger
to
the
respondent’s
self
or
others
by
29
possessing,
shipping,
transporting,
or
receiving
firearms.
30
2.
Upon
hearing,
if
the
court
finds
by
a
preponderance
of
31
the
evidence
that
the
respondent
poses
a
significant
danger
32
to
the
respondent’s
self
or
others
by
possessing,
shipping,
33
transporting,
or
receiving
firearms,
the
court
shall
issue
an
34
extreme
risk
protective
order
for
a
period
of
one
year.
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3.
In
determining
whether
grounds
for
an
extreme
risk
1
protective
order
exist,
the
court
may
consider
any
relevant
2
evidence
including
but
not
limited
to
the
following:
3
a.
A
recent
act
or
threat
of
violence
by
the
respondent
4
against
the
respondent’s
self
or
others,
and
whether
such
5
violence
or
threat
involves
a
firearm.
6
b.
A
pattern
of
acts
or
threats
of
violence
against
the
7
respondent’s
self
or
others
within
the
preceding
twelve
months
8
of
the
filing
of
the
petition.
9
c.
Any
serious
mental
impairment
of
the
respondent.
10
d.
Any
violation
of
a
no-contact
order
issued
for
violations
11
or
alleged
violations
of
sections
708.2A,
708.2D,
708.7,
12
708.11,
709.2,
709.3,
and
709.4,
and
any
other
public
offense
13
for
which
there
is
a
victim.
14
e.
Any
violation
of
a
protective
order
issued
in
a
civil
15
proceeding
under
chapter
232,
235F,
236,
236A,
598,
or
915.
16
f.
The
issuance
of
a
previous
extreme
risk
protective
order
17
against
the
respondent
under
this
chapter.
18
g.
A
violation
of
a
previous
extreme
risk
protective
order
19
issued
against
the
respondent
under
this
chapter.
20
h.
A
conviction
of
the
respondent
for
a
crime
that
21
constitutes
domestic
abuse
assault
in
violation
of
section
22
708.2A.
23
i.
The
possession
of
or
access
to
a
firearm,
or
the
intent
24
to
possess
a
firearm
by
the
respondent.
25
j.
The
unlawful
or
reckless
use,
display,
or
brandishing
of
26
a
firearm
by
the
respondent.
27
k.
Any
history
of
use,
attempted
use,
or
threatened
use
of
28
physical
force
by
the
respondent
against
another
person,
or
the
29
respondent’s
history
of
stalking
or
harassing
another
person.
30
l.
Any
prior
arrest
of
the
respondent
for
a
felony
offense
31
or
violent
crime.
32
m.
Evidence
of
abuse
of
a
controlled
substance
or
alcohol
33
by
the
respondent.
34
n.
Evidence
of
recent
acquisition
of
a
firearm
by
the
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respondent.
1
4.
The
court
may:
2
a.
Examine
under
oath
the
plaintiff,
the
respondent,
and
3
any
witnesses
that
the
plaintiff
or
respondent
produces,
or
4
in
lieu
of
examination,
consider
affidavits
of
the
plaintiff,
5
the
respondent,
or
any
witnesses
the
plaintiff
or
respondent
6
produces.
7
b.
Ensure
that
a
reasonable
search
has
been
conducted
for
8
criminal
history
records
relating
to
the
respondent.
9
5.
During
the
hearing,
the
court
may
order
a
substance
abuse
10
evaluation.
11
6.
An
extreme
risk
protective
order
shall
include
all
of
the
12
following:
13
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
14
order.
15
b.
The
date
and
time
the
order
was
issued.
16
c.
The
date
and
time
the
order
expires.
17
d.
Whether
a
substance
abuse
evaluation
is
required.
18
e.
Whether
a
responsive
pleading
may
be
filed.
19
f.
A
description
of
the
firearms
to
be
surrendered.
20
g.
The
following
statement
in
substantially
the
same
form:
21
To
the
subject
of
this
protective
order:
This
order
remains
22
effective
until
the
date
and
time
noted
above.
If
you
have
23
not
done
so
already,
you
must
surrender
to
the
(insert
the
24
name
of
a
local
law
enforcement
agency
with
jurisdiction)
25
all
firearms
in
your
possession,
custody,
or
control
and
26
surrender
any
permit
to
carry
weapons
or
permit
to
acquire
in
27
your
possession
to
such
agency.
You
shall
not
have
in
your
28
possession
a
firearm
or
ship,
transport,
or
receive,
or
attempt
29
to
ship,
transport,
or
receive,
such
a
firearm
while
this
order
30
is
in
effect.
You
have
the
right
to
request
one
hearing
to
31
terminate
this
order
during
each
twelve-month
period
that
this
32
order
is
in
effect,
starting
from
the
date
of
this
order
and
33
continuing
through
any
extension
of
the
order.
If
the
order
34
requires
a
substance
abuse
evaluation,
you
must
first
obtain
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such
evaluation
and
disclose
the
results
of
the
evaluation
to
1
the
court
prior
to
requesting
a
hearing.
2
7.
If
a
hearing
is
continued,
the
court
may
make
or
extend
3
any
order
issued
under
subsection
2
that
it
deems
necessary.
4
8.
Upon
the
application
of
a
party,
the
court
shall
issue
5
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
6
production
of
papers.
7
9.
The
court
shall
advise
the
respondent
of
a
right
to
be
8
represented
by
counsel
of
the
respondent’s
choosing
and
to
have
9
a
continuance
to
secure
counsel.
10
10.
If
applicable,
the
court
shall
determine
whether
the
11
respondent
has
had
sufficient
opportunity
to
surrender
the
12
respondent’s
firearms
after
service
of
an
emergency
extreme
13
risk
protective
order
issued
under
section
664B.8.
14
11.
Hearings
shall
be
recorded.
15
Sec.
9.
NEW
SECTION
.
664B.8
Emergency
extreme
risk
16
protective
order.
17
1.
A
plaintiff
may
request
that
an
emergency
extreme
risk
18
protective
order
be
issued
before
a
hearing
for
an
extreme
19
risk
protective
order
under
section
664B.7,
without
notice
20
to
the
respondent,
by
including
in
the
petition
detailed
21
allegations
based
on
personal
knowledge
that
the
respondent
22
poses
a
significant
danger
to
the
respondent’s
self
or
others,
23
in
the
near
future,
by
possessing,
shipping,
transporting,
or
24
receiving
firearms.
25
2.
In
considering
whether
to
issue
an
emergency
extreme
risk
26
protective
order
under
this
section,
the
court
shall
consider
27
all
relevant
evidence
described
in
section
664B.7,
subsection
28
3.
29
3.
If
the
court
finds
there
is
good
cause
to
believe
that
30
the
respondent
poses
a
significant
danger
to
the
respondent’s
31
self
or
others,
in
the
near
future,
by
possessing,
shipping,
32
transporting,
or
receiving
firearms,
the
court
shall
issue
an
33
emergency
extreme
risk
protective
order.
34
4.
The
court
shall
hold
an
emergency
extreme
risk
protective
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order
hearing
in
person
or
by
telephone
on
the
day
the
petition
1
is
filed.
2
5.
When
the
court
is
unavailable
from
the
close
of
business
3
at
the
end
of
the
day
or
week
to
the
resumption
of
business
4
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
5
before
a
district
judge,
or
district
associate
judge
designated
6
by
the
chief
judge
of
the
judicial
district,
who
may
grant
7
emergency
relief
under
this
section,
if
the
district
judge
8
or
district
associate
judge
finds
there
is
good
cause
to
9
believe
that
the
respondent
poses
a
significant
danger
to
the
10
respondent’s
self
or
others,
in
the
near
future,
by
possessing,
11
shipping,
transporting,
or
receiving
firearms.
12
6.
An
emergency
extreme
risk
protective
order
shall
include
13
all
of
the
following:
14
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
15
order.
16
b.
The
date
and
time
the
order
was
issued.
17
c.
The
date
and
time
the
order
expires.
18
d.
Whether
a
responsive
pleading
may
be
filed.
19
e.
A
description
of
the
firearms
to
be
surrendered.
20
f.
The
date
and
time
of
the
scheduled
hearing.
21
g.
The
following
statement
in
substantially
the
same
form:
22
To
the
subject
of
this
protective
order:
This
order
remains
23
effective
until
the
date
and
time
noted
above.
If
you
have
not
24
done
so
already,
you
must
immediately
surrender
to
the
(insert
25
the
name
of
a
local
law
enforcement
agency
with
jurisdiction)
26
all
firearms
in
your
possession,
custody,
or
control,
and
27
surrender
any
permit
to
carry
weapons
or
permit
to
acquire
in
28
your
possession
to
such
agency.
You
shall
not
have
in
your
29
possession
a
firearm
or
ship,
transport,
or
receive,
or
attempt
30
to
ship,
transport,
or
receive,
such
a
firearm
while
this
order
31
is
in
effect.
A
hearing
will
be
held
on
the
date
and
time
noted
32
above
to
determine
if
an
extreme
risk
protective
order
shall
33
be
issued.
Failure
to
appear
at
that
hearing
may
result
in
a
34
court
entering
an
extreme
risk
protective
order
against
you
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that
is
valid
for
a
period
of
one
year.
You
may
seek
the
advice
1
of
an
attorney
as
to
any
matter
connected
with
this
order.
2
7.
An
emergency
extreme
risk
protective
order
issued
under
3
this
section
shall
expire
upon
the
issuance
of
an
extreme
4
risk
protective
order
under
section
664B.7
or
if
the
court
5
determines
at
a
hearing
on
the
petition
for
an
extreme
risk
6
protective
order
under
section
664B.7
that
the
plaintiff
7
has
not
proven
by
a
preponderance
of
the
evidence
that
the
8
respondent
presents
a
significant
danger
to
the
respondent’s
9
self
or
others
by
possessing,
shipping,
transporting,
or
10
receiving
firearms.
11
8.
An
emergency
extreme
risk
protective
order
shall
be
12
served
by
the
sheriff
of
any
county
in
this
state,
a
peace
13
officer,
or
a
corrections
officer,
in
the
same
manner
provided
14
in
section
664B.2
for
the
service
of
the
notice
and
petition,
15
and
shall
be
served
concurrently
with
such
notice
of
hearing
16
and
petition,
if
possible.
Alternatively,
an
emergency
17
extreme
risk
protective
order
may
be
served
using
short-form
18
notification
pursuant
to
section
664B.3,
and
shall
be
served
19
concurrently
with
the
notice
of
hearing
and
petition,
if
20
possible.
21
Sec.
10.
NEW
SECTION
.
664B.9
Notice
of
extreme
risk
22
protective
order
or
emergency
extreme
risk
protective
order.
23
1.
The
clerk
of
the
district
court
or
other
person
24
designated
by
the
court
shall
provide
a
copy
of
the
extreme
25
risk
protective
order
or
the
emergency
extreme
risk
protective
26
order
to
the
plaintiff.
27
2.
The
clerk
of
the
district
court
shall
provide
a
notice
28
and
copy
of
the
protective
order
to
the
appropriate
law
29
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
30
the
law
enforcement
agencies
in
the
same
manner
as
provided
in
31
section
235F.6,
236.5,
or
236A.7,
as
applicable.
The
clerk
32
of
the
district
court
shall
provide
a
notice
and
copy
of
a
33
termination
or
extension
of
the
protective
order
in
the
same
34
manner.
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Sec.
11.
NEW
SECTION
.
664B.10
Termination
or
extension
of
1
order.
2
1.
The
respondent
may
request
a
hearing
to
terminate
3
an
extreme
risk
protective
order
issued
under
this
chapter
4
during
the
twelve-month
period
that
the
order
is
in
effect,
5
starting
from
the
date
of
the
order
and
continuing
through
any
6
extensions.
7
a.
Upon
receipt
of
a
request
for
a
hearing
to
terminate
8
an
extreme
risk
protective
order,
the
court
shall
set
a
date
9
for
a
hearing.
Notice
of
the
request
shall
be
served
on
the
10
plaintiff.
The
hearing
shall
occur
no
sooner
than
fourteen
11
days
and
no
later
than
thirty
days
from
the
date
of
service
of
12
the
request
upon
the
plaintiff.
13
b.
The
respondent
shall
have
the
burden
of
proving
by
a
14
preponderance
of
the
evidence
that
the
respondent
does
not
pose
15
a
significant
danger
to
the
respondent’s
self
or
others
by
16
possessing,
shipping,
transporting,
or
receiving
firearms.
17
c.
If
the
court
finds
after
the
hearing
that
the
respondent
18
has
met
the
burden
of
proof,
the
court
shall
terminate
the
19
extreme
risk
protective
order.
20
2.
A
family
member
may,
by
motion,
request
an
extension
21
of
an
extreme
risk
protective
order
within
ninety
days
of
the
22
expiration
of
the
order.
23
a.
Upon
receipt
of
a
motion
to
extend
an
extreme
risk
24
protective
order,
the
court
shall
order
the
hearing
be
held
no
25
earlier
than
fourteen
days
from
the
date
of
the
motion.
26
b.
In
considering
whether
to
extend
the
extreme
risk
27
protective
order
under
this
section,
the
court
shall
consider
28
all
relevant
evidence
described
in
section
664B.7,
subsection
29
3.
30
c.
If
the
court
finds
by
a
preponderance
of
the
evidence
31
that
the
requirements
for
issuance
of
an
extreme
risk
32
protective
order
continue
to
be
met,
the
court
shall
extend
33
the
order.
However,
if,
after
notice,
the
motion
to
extend
is
34
uncontested
and
the
plaintiff
does
not
seek
a
modification
of
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the
existing
order,
the
order
may
be
extended
on
the
basis
of
1
the
plaintiff’s
motion
or
affidavit
stating
that
there
has
been
2
no
material
change
in
relevant
circumstances
since
entry
of
the
3
protective
order.
4
Sec.
12.
NEW
SECTION
.
664B.11
Firearms
and
firearm
permits
5
——
surrender.
6
1.
Upon
the
issuance
of
an
extreme
risk
protective
order
7
or
an
emergency
extreme
risk
protective
order,
the
court
8
shall
order
the
respondent
to
immediately
surrender
to
the
9
law
enforcement
agency
named
in
the
protective
order
all
10
firearms
possessed
by
the
respondent
and
any
permit
to
carry
11
weapons
or
permit
to
acquire
possessed
by
the
respondent
within
12
forty-eight
hours
of
service
of
the
order
or
within
forty-eight
13
hours
of
a
hearing
held
pursuant
to
section
664B.7
at
which
the
14
respondent
was
present
and
an
order
was
subsequently
issued.
15
2.
At
the
time
of
surrendering
any
firearms,
a
law
16
enforcement
officer
taking
possession
of
any
firearms
17
shall
issue
a
receipt
identifying
all
firearms
that
have
18
been
surrendered
and
provide
a
copy
of
the
receipt
to
the
19
respondent.
Within
seventy-two
hours
after
service
of
the
20
order
the
law
enforcement
officer
serving
the
order
shall
file
21
the
original
receipt
with
the
court
and
shall
ensure
that
the
22
law
enforcement
agency
retains
a
copy
of
the
receipt.
23
3.
Upon
a
sworn
statement
or
testimony
of
the
plaintiff
or
24
of
any
law
enforcement
officer
alleging
that
the
respondent
has
25
failed
to
comply
with
the
surrender
of
firearms
and
permits
26
as
required
by
any
order
issued
under
this
section,
the
court
27
shall
determine
whether
probable
cause
exists
to
believe
that
28
the
respondent
has
failed
to
surrender
all
firearms
or
permits
29
in
the
possession
of
the
respondent.
If
probable
cause
exists,
30
the
court
shall
issue
a
search
warrant
describing
the
firearms
31
and
authorizing
a
search
of
the
locations
where
the
firearms
32
are
reasonably
believed
to
be
and
the
seizure
of
any
firearms
33
discovered
in
the
search.
34
4.
If
a
person
other
than
the
respondent
claims
to
own
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any
of
the
firearms
seized
or
surrendered
pursuant
to
this
1
chapter,
and
the
law
enforcement
agency
where
the
firearms
are
2
stored
determines
that
person
to
be
the
lawful
owner
of
the
3
firearms,
the
firearms
shall
be
returned
to
the
lawful
owner
if
4
the
lawful
owner
agrees
to
store
the
firearms
in
such
a
manner
5
that
prevents
the
respondent
from
having
access
to
the
firearms
6
during
the
time
an
extreme
risk
protective
order
or
emergency
7
extreme
risk
protective
order
is
in
effect.
8
Sec.
13.
NEW
SECTION
.
664B.12
Firearm
surrender
——
hearing.
9
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
10
court
shall
order
a
new
hearing
within
three
business
days
11
of
the
issuance
of
the
order
that
requires
the
respondent
12
to
provide
evidence
to
the
court
that
the
respondent
has
13
surrendered
any
firearms
in
the
possession
of
the
respondent.
14
The
court
may
dismiss
the
hearing
upon
a
satisfactory
showing
15
that
the
respondent
has
complied
with
the
order.
16
Sec.
14.
NEW
SECTION
.
664B.13
Firearms
——
storage.
17
All
law
enforcement
agencies
shall
develop
policies
and
18
procedures
by
June
1,
2027,
regarding
the
acceptance,
storage,
19
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
20
under
this
chapter.
21
Sec.
15.
NEW
SECTION
.
664B.14
Return
of
firearms
and
22
unclaimed
firearms.
23
1.
If
an
extreme
risk
protective
order
is
terminated
or
24
expires
without
an
extension,
the
law
enforcement
agency
in
25
possession
of
any
firearms
surrendered
by
a
respondent
shall
26
return
any
such
firearms
upon
request
of
the
respondent,
27
provided
the
respondent
is
eligible
to
possess
a
firearm.
28
2.
Notwithstanding
section
809.21,
for
firearms
that
remain
29
unclaimed
by
the
lawful
owner,
the
firearms
shall
be
destroyed
30
pursuant
to
661
IAC
95.8.
31
Sec.
16.
NEW
SECTION
.
664B.15
Penalties.
32
1.
A
person
who
files
a
petition
under
this
chapter
knowing
33
the
information
in
the
petition
to
be
materially
false
commits
34
a
serious
misdemeanor.
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2.
A
respondent
who
possesses
a
firearm
or
who
ships,
1
transports,
or
receives,
or
attempts
to
ship,
transport,
or
2
receive,
a
firearm
while
an
extreme
risk
protective
order
or
3
emergency
extreme
risk
protective
order
is
in
effect
commits
an
4
aggravated
misdemeanor.
5
3.
A
person
who
claims
ownership
of
a
firearm
pursuant
to
6
section
664B.11,
subsection
4,
who
agrees
to
store
the
firearm
7
in
such
a
manner
that
prevents
a
respondent
from
having
access
8
to
the
firearm
commits
a
serious
misdemeanor
if
the
respondent
9
is
later
found
to
have
access
to
the
firearm
that
is
subject
10
to
the
agreement
while
an
extreme
risk
protective
order
is
in
11
effect.
12
4.
A
respondent
who
violates
subsection
2
shall
be
13
prohibited
from
possessing,
shipping,
transporting,
or
14
receiving
a
firearm
for
a
period
of
five
years
from
the
date
of
15
the
conviction.
16
Sec.
17.
Section
724.8,
Code
2026,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
7.
Is
subject
to
an
extreme
risk
protective
19
order
or
an
emergency
extreme
risk
protective
order
issued
20
under
chapter
664B.
21
NEW
SUBSECTION
.
8.
Has
been
convicted
of
a
violation
of
22
section
664B.15,
subsection
2,
within
the
previous
five
years.
23
Sec.
18.
Section
724.15,
subsection
2,
Code
2026,
is
amended
24
by
adding
the
following
new
paragraphs:
25
NEW
PARAGRAPH
.
f.
Subject
to
an
extreme
risk
protective
26
order
or
an
emergency
extreme
risk
protective
order
issued
27
under
chapter
664B.
28
NEW
PARAGRAPH
.
g.
Has
been
convicted
of
a
violation
of
29
section
664B.15,
subsection
2,
within
the
previous
five
years.
30
Sec.
19.
Section
724.26,
subsection
2,
paragraph
a,
Code
31
2026,
is
amended
to
read
as
follows:
32
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
is
33
subject
to
a
protective
order
under
18
U.S.C.
§922(g)(8)
or
who
34
has
been
convicted
of
a
misdemeanor
crime
of
domestic
violence
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under
18
U.S.C.
§922(g)(9)
and
who
knowingly
possesses,
1
ships,
transports,
or
receives
a
firearm,
offensive
weapon,
or
2
ammunition
and
who
is
any
of
the
following
is
guilty
of
a
class
3
“D”
felony
.
:
4
(1)
Is
subject
to
a
protective
order
under
18
U.S.C.
5
§922(g)(8).
6
(2)
Has
been
convicted
of
a
misdemeanor
crime
of
domestic
7
violence
under
18
U.S.C.
§922(g)(9).
8
(3)
Is
subject
to
an
extreme
risk
protective
order
under
9
chapter
664B.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
creation
of
an
extreme
risk
14
protective
order
against
a
person
who
presents
a
significant
15
danger
to
the
person’s
self
or
others
by
possessing,
shipping,
16
transporting,
or
receiving
firearms.
17
DEFINITIONS.
The
bill
defines
“family
member”
to
mean
a
18
spouse,
person
cohabiting,
a
parent,
or
other
person
related
19
by
consanguinity
or
affinity.
The
bill
defines
“firearm”
to
20
include
ammunition
and
any
offensive
weapon
as
that
term
is
21
defined
in
Code
section
724.1.
The
bill
defines
“possession”
22
to
include
ownership,
custody,
or
control.
The
bill
defines
23
“plaintiff”
to
mean
a
family
member,
a
person
with
whom
the
24
respondent
is
having
an
intimate
relationship
with,
or
a
peace
25
officer.
The
bill
defines
“intimate
relationship”
to
mean
the
26
same
as
defined
in
Code
section
235E.1.
27
PETITION
FOR
EXTREME
RISK
PROTECTIVE
ORDER.
Under
the
bill,
28
a
plaintiff
may
file
a
petition
in
district
court
requesting
29
an
extreme
risk
protective
order
stating
that
the
subject
of
30
the
extreme
risk
protective
petition
(respondent)
presents
31
a
significant
danger
to
the
respondent’s
self
or
others
by
32
possessing,
shipping,
transporting,
or
receiving
firearms.
33
The
bill
requires
the
petition
to
contain
an
affidavit
34
stating
the
specific
facts
that
give
rise
to
the
reasons
the
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respondent
presents
a
significant
danger
to
the
respondent’s
1
self
or
others;
the
location,
type,
and
number
of
firearms
the
2
plaintiff
believes
are
possessed
by
the
respondent;
whether
3
the
respondent
is
subject
to
a
current
protective
order
or
4
no-contact
order;
and
whether
any
legal
proceedings
are
pending
5
between
the
plaintiff
and
respondent.
6
In
lieu
of
personal
service
of
an
extreme
risk
protective
7
order
on
a
respondent,
the
bill
allows
a
sheriff
of
any
county
8
in
this
state
or
any
peace
officer
or
corrections
officer
9
in
this
state
to
serve
the
respondent
with
a
short-form
10
notification
to
effectuate
service
of
an
unserved
order.
11
Short-form
notification
includes
service
during
traffic
stops
12
and
other
contacts
with
the
respondent
by
a
sheriff,
peace
13
officer,
or
corrections
officer
in
this
state
in
the
course
of
14
performing
official
duties.
15
The
bill
requires
the
department
of
justice
to
prescribe
16
standard
forms
to
be
used
by
a
plaintiff
proceeding
pro
se
when
17
filing
an
extreme
risk
protective
order
petition.
18
The
bill
permits
a
county
attorney’s
office
to
provide
19
assistance
to
a
plaintiff
wishing
to
initiate
the
filing
of
an
20
extreme
risk
protective
order
petition
or
to
a
plaintiff
at
any
21
stage
of
a
proceeding
under
the
bill,
if
the
plaintiff
does
22
not
have
sufficient
funds
to
pay
for
legal
assistance
and
if
23
the
assistance
does
not
create
a
conflict
of
interest
for
the
24
county
attorney’s
office.
25
The
bill
permits
the
plaintiff
to
use
an
alternate
mailing
26
address
for
the
purposes
of
filing
a
petition
for
an
extreme
27
risk
protective
order
including
the
mailing
address
of
a
28
shelter
or
other
agency,
a
public
or
private
post
office
box,
29
or
any
other
mailing
address
with
permission
of
the
resident
of
30
that
address.
31
The
bill
requires
that
hearing
on
the
petition
for
an
extreme
32
risk
protective
order
shall
occur
not
less
than
five
but
no
33
more
than
15
days
after
commencing
the
proceeding
and
after
34
notice
to
the
respondent.
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The
bill
provides
that
upon
hearing
on
the
petition,
if
1
the
court
finds
by
a
preponderance
of
the
evidence
that
the
2
respondent
presents
a
significant
danger
to
the
respondent’s
3
self
or
others
by
possessing,
shipping,
transporting,
or
4
receiving
firearms,
the
court
shall
issue
an
extreme
risk
5
protective
order
for
a
period
of
one
year.
In
determining
6
whether
grounds
for
an
extreme
risk
protective
order
exist,
7
the
court
may
consider
any
relevant
evidence
including
but
not
8
limited
to
the
following:
a
recent
act
or
threat
of
violence
9
by
the
respondent
against
the
respondent’s
self
or
others;
a
10
pattern
of
acts
or
threats
of
violence
against
the
respondent’s
11
self
or
others
by
the
respondent
within
the
preceding
twelve
12
months
of
the
filing
of
the
petition;
any
serious
mental
13
impairment
of
the
respondent;
any
previous
violations
of
14
no-contact
orders
or
protective
orders
by
the
respondent;
a
15
previous
issuance
of
an
extreme
risk
protective
order
issued
16
against
the
respondent;
a
previous
domestic
abuse
assault
17
conviction;
the
possession
of
a
firearm
or
the
reckless
use,
18
display,
or
brandishing
of
a
firearm
by
the
respondent;
any
19
history
of
use
of
physical
force
by
the
respondent
against
20
another
person;
any
prior
criminal
history
of
the
respondent;
21
and
evidence
of
abuse
of
a
controlled
substance
or
alcohol
by
22
the
respondent.
23
EMERGENCY
EXTREME
RISK
PROTECTIVE
ORDER.
The
bill
allows
24
a
plaintiff
to
request
an
emergency
extreme
risk
protective
25
order,
without
notice
to
the
respondent,
by
including
in
the
26
petition
detailed
allegations
based
on
personal
knowledge
that
27
the
respondent
poses
a
significant
danger
to
the
respondent’s
28
self
or
others,
in
the
near
future,
by
possessing,
shipping,
29
transporting,
or
receiving
firearms.
If
the
court
finds
good
30
cause
to
believe
that
the
respondent
presents
a
significant
31
danger
to
the
respondent’s
self
or
others,
in
the
near
future,
32
by
possessing,
shipping,
transporting,
or
receiving
firearms,
33
the
court
shall
issue
an
emergency
extreme
risk
protective
34
order.
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The
court
shall
hold
an
emergency
extreme
risk
protective
1
order
hearing
in
person
or
by
telephone
on
the
day
the
petition
2
is
filed.
3
When
the
court
is
unavailable
from
the
close
of
business
4
at
the
end
of
the
day
or
week
to
the
resumption
of
business
5
at
the
beginning
of
the
day
or
week,
the
bill
provides
that
6
a
petition
for
an
extreme
risk
protective
order
may
be
filed
7
before
a
district
judge,
or
district
associate
judge
designated
8
by
the
chief
judge
of
the
judicial
district,
who
may
grant
9
emergency
relief,
if
the
district
judge
or
district
associate
10
judge
finds
good
cause
to
believe
that
the
respondent
presents
11
a
significant
danger
to
the
respondent’s
self
or
others,
in
12
the
near
future,
by
possessing,
shipping,
transporting,
or
13
receiving
firearms.
14
The
emergency
extreme
risk
protective
order
shall
be
in
15
effect
until
the
issuance
of
an
extreme
risk
protective
order
16
after
a
hearing
on
the
petition
for
an
extreme
risk
protective
17
order
or
the
court
determines
at
the
hearing
on
the
petition
18
that
the
plaintiff
has
not
proven
by
a
preponderance
of
the
19
evidence
that
the
respondent
presents
a
significant
danger
20
to
the
respondent’s
self
or
others
by
possessing,
shipping,
21
transporting,
or
receiving
firearms.
22
In
lieu
of
personal
service
of
an
emergency
extreme
risk
23
protective
order
on
a
respondent,
the
bill
allows
a
sheriff
of
24
any
county
in
this
state
or
any
peace
officer
or
corrections
25
officer
to
serve
the
respondent
with
a
short-form
notification
26
to
effectuate
the
service
on
an
unserved
order.
Short-form
27
notification
includes
service
during
traffic
stops
and
other
28
contacts
with
the
respondent
by
the
sheriff,
peace
officer,
or
29
corrections
officer.
30
REQUEST
TO
TERMINATE
ORDER.
Under
the
bill,
the
respondent
31
may
submit
a
request
for
a
hearing
to
terminate
an
extreme
risk
32
protective
order
during
each
12-month
period
that
the
order
is
33
in
effect,
beginning
from
the
date
of
the
order
and
continuing
34
through
any
extensions.
The
bill
provides
that
the
respondent
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shall
have
the
burden
of
proving
by
a
preponderance
of
the
1
evidence
that
the
respondent
does
not
present
a
significant
2
danger
to
the
respondent’s
self
or
others
by
possessing,
3
shipping,
transporting,
or
receiving
firearms.
4
EXTENSION
OF
ORDER.
An
extreme
risk
protective
order
may
be
5
extended
under
the
bill.
A
family
member
may
by
motion
request
6
an
extension
of
an
extreme
risk
protective
order
within
90
7
days
of
the
expiration
of
the
order.
The
bill
provides
that
8
if
the
court
finds
by
a
preponderance
of
the
evidence
that
the
9
requirements
for
issuance
of
an
extreme
risk
protective
order
10
continue
to
be
met,
the
court
shall
extend
the
order.
11
SURRENDER
OF
FIREARMS
AND
FIREARM
PERMITS.
Upon
the
12
issuance
of
an
extreme
risk
protective
order
or
an
emergency
13
extreme
risk
protective
order,
the
bill
provides
that
the
court
14
shall
order
the
respondent
to
immediately
surrender
to
the
law
15
enforcement
agency
named
in
the
protective
order
all
firearms
16
possessed
by
the
respondent
and
any
permit
to
carry
weapons
or
17
permit
to
acquire
possessed
by
the
respondent
within
48
hours
18
of
being
served
with
the
order
or
within
48
hours
of
the
end
of
19
the
hearing
on
the
petition
at
which
the
respondent
was
present
20
and
an
order
was
subsequently
issued.
21
The
bill
requires,
at
the
time
of
surrendering
any
firearms,
22
a
peace
officer
taking
possession
of
any
firearms
to
issue
a
23
receipt
identifying
all
firearms
that
have
been
surrendered
and
24
provide
a
copy
of
the
receipt
to
the
respondent.
25
Upon
a
sworn
statement
or
testimony
of
the
petitioner
or
of
26
any
peace
officer
alleging
that
the
respondent
has
failed
to
27
comply
with
the
surrender
of
firearms
and
permits
as
required
28
by
any
order,
the
bill
requires
the
court
to
determine
whether
29
probable
cause
exists
to
believe
that
the
respondent
has
failed
30
to
surrender
all
firearms
or
permits
in
the
possession
of
the
31
respondent.
If
probable
cause
exists,
the
bill
requires
the
32
court
to
issue
a
search
warrant
describing
the
firearms
and
33
authorizing
a
search
of
the
locations
where
the
firearms
are
34
reasonably
believed
to
be
and
the
seizure
of
any
firearms
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discovered
in
the
search.
1
If
a
person
other
than
the
respondent
claims
to
own
any
of
2
the
firearms
seized
or
surrendered
pursuant
to
the
bill
and
the
3
law
enforcement
agency
where
the
firearms
are
stored
determines
4
the
person
to
be
the
lawful
owner
of
the
firearms,
the
firearms
5
shall
be
returned
to
the
lawful
owner
if
the
lawful
owner
6
agrees
to
store
the
firearms
in
such
a
manner
that
prevents
7
the
respondent
from
having
access
to
the
firearms
during
the
8
time
an
extreme
risk
protective
order
or
emergency
extreme
risk
9
protective
order
is
in
effect.
Under
the
bill,
the
lawful
10
owner
commits
a
serious
misdemeanor
if
the
respondent
is
later
11
found
to
have
access
to
the
firearms
while
an
extreme
risk
12
protective
order
or
emergency
extreme
risk
protective
order
is
13
in
effect
against
the
respondent.
14
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
15
bill
requires
the
court
to
order
a
new
hearing
within
three
16
business
days
of
the
issuance
of
the
extreme
risk
protective
17
order
that
requires
the
respondent
to
provide
evidence
to
the
18
court
that
the
respondent
has
surrendered
any
firearms
in
19
the
possession
of
the
respondent.
The
court
may
dismiss
the
20
hearing
upon
a
satisfactory
showing
that
the
respondent
has
21
complied
with
the
extreme
risk
protective
order.
22
All
law
enforcement
agencies
must
develop
policies
and
23
procedures
by
June
1,
2027,
regarding
the
acceptance,
storage,
24
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
25
under
the
bill.
26
RETURN
OF
FIREARMS.
Under
the
bill,
if
an
extreme
risk
27
protective
order
is
terminated
or
expires
without
an
extension,
28
the
law
enforcement
agency
holding
any
firearms
surrendered
by
29
the
respondent
shall
return
any
firearms
to
the
respondent
upon
30
request
of
the
respondent,
provided
the
respondent
is
eligible
31
to
possess
a
firearm.
32
Notwithstanding
Code
section
809.21
(sale
of
certain
33
ammunition
and
firearms),
for
firearms
that
remain
unclaimed
by
34
the
lawful
owner,
the
firearms
shall
be
destroyed
pursuant
to
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661
IAC
95.8.
1
PENALTIES.
The
bill
provides
that
a
respondent
shall
not
2
be
eligible
to
obtain
a
permit
to
carry
weapons
or
a
permit
to
3
acquire
pistols
or
revolvers
while
an
extreme
risk
protective
4
order
or
emergency
extreme
risk
protective
order
is
in
effect
5
against
the
respondent.
6
The
bill
provides
that
a
plaintiff
who
files
a
petition
for
7
an
extreme
risk
protective
order
knowing
the
information
in
the
8
petition
to
be
materially
false
commits
a
serious
misdemeanor.
9
The
bill
provides
that
a
respondent
who
possesses
a
firearm
10
or
who
ships,
transports,
or
receives,
or
attempts
to
ship,
11
transport,
or
receive,
such
a
firearm
while
an
extreme
risk
12
protective
order
or
emergency
extreme
risk
protective
order
13
is
in
effect
against
the
respondent
commits
an
aggravated
14
misdemeanor.
A
respondent
who
violates
this
provision
shall
15
be
prohibited
from
possessing,
shipping,
transporting,
or
16
receiving
a
firearm
for
a
period
of
five
years
from
the
date
17
of
the
conviction.
If
during
the
five-year
prohibition
period
18
the
respondent
knowingly
has
under
the
respondent’s
dominion
19
and
control
or
possession
or
ships,
transports,
or
receives,
or
20
causes
to
be
shipped,
transported,
or
received,
a
firearm,
the
21
respondent
commits
a
class
“D”
felony.
22
A
serious
misdemeanor
is
punishable
by
confinement
for
no
23
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
24
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
25
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
26
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
27
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
28
$1,025
but
not
more
than
$10,245.
29
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