H.F. 123 Section 1. Section 724.26, subsection 2, paragraph a, Code 1 2019, is amended to read as follows: 2 a. Except as provided in paragraph “b” , a person who is 3 subject to a protective order under 18 U.S.C. §922(g)(8) or who 4 has been convicted of a misdemeanor crime of domestic violence 5 under 18 U.S.C. §922(g)(9) and who knowingly possesses, 6 ships, transports, or receives a firearm, offensive weapon, or 7 ammunition and who is any of the following is guilty of a class 8 “D” felony . : 9 (1) Is subject to a protective order under 18 U.S.C. 10 §922(g)(8). 11 (2) Has been convicted of a misdemeanor crime of domestic 12 violence under 18 U.S.C. §922(g)(9). 13 (3) Is subject to a firearm violence protective order under 14 chapter 724A. 15 Sec. 2. NEW SECTION . 724A.1 Definitions. 16 For purposes of this chapter, unless the context clearly 17 indicates otherwise: 18 1. “Firearm violence protective order” means a court order 19 issued pursuant to this chapter prohibiting a person from 20 possessing, shipping, transporting, or receiving firearms, 21 offensive weapons, or ammunition. 22 2. “Immediate family member” means all of the following of 23 a respondent: 24 a. Husband or wife. 25 b. Natural or adoptive parent, child, or sibling. 26 c. Stepparent, stepchild, or stepsibling. 27 d. Father-in-law, mother-in-law, son-in-law, 28 daughter-in-law, brother-in-law, or sister-in-law. 29 e. Grandparent or grandchild. 30 3. “Law enforcement officer” means the same as defined in 31 section 80B.3. 32 4. “Respondent” means a person against whom a petition is 33 filed under this chapter. 34 -1- LSB 1427YH (3) 88 mo/rh 1/ 8

H.F. 123 Sec. 3. NEW SECTION . 724A.2 Temporary emergency firearm 1 violence protective order. 2 1. 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 next day or week, a law enforcement 5 officer may orally contact a district judge or district 6 associate judge designated by the chief judge of the judicial 7 district, who may grant temporary emergency relief if the 8 district judge or district associate judge finds that there is 9 reasonable cause to believe all of the following: 10 a. The respondent poses an immediate and present danger 11 of causing physical injury to the respondent’s self or others 12 by possessing, shipping, transporting, or receiving firearms, 13 offensive weapons, or ammunition. 14 b. A temporary emergency firearm violence protective order 15 is necessary to prevent physical injury to the respondent’s 16 self or others because less restrictive alternatives either 17 have been tried and found to be ineffective or are determined 18 to be inadequate or inappropriate for the respondent’s 19 circumstances. 20 2. A temporary emergency firearm violence protective order 21 issued pursuant to this section shall prohibit the respondent 22 from possessing, shipping, transporting, or receiving firearms, 23 offensive weapons, or ammunition or attempting to possess, 24 ship, transport, or receive firearms, offensive weapons, or 25 ammunition, and shall expire twenty-one days from the date the 26 order is issued. 27 Sec. 4. NEW SECTION . 724A.3 Ex parte temporary firearm 28 violence protective order. 29 1. An immediate family member or a law enforcement officer 30 may file a petition requesting that the court issue an ex parte 31 firearm violence protective order enjoining the respondent from 32 possessing, shipping, transporting, or receiving firearms, 33 offensive weapons, or ammunition. 34 2. A court shall issue an ex parte temporary firearm 35 -2- LSB 1427YH (3) 88 mo/rh 2/ 8

H.F. 123 violence protective order if the petition, supported by an 1 affidavit made in writing and any additional information and 2 signed by the petitioner under oath, shows a substantial 3 likelihood that all of the following conditions exist: 4 a. The respondent poses a significant danger, in the near 5 future, of causing physical injury to the respondent’s self 6 or others by possessing, shipping, transporting, or receiving 7 firearms, offensive weapons, or ammunition as determined by 8 evidence of any of the following: 9 (1) A recent threat of violence or act of violence by the 10 respondent directed toward the respondent’s self or others. 11 For the purposes of this subparagraph, “recent” means within the 12 last six months prior to the date the petition was filed. 13 (2) A pattern of violent acts or violent threats within the 14 past twelve months, including but not limited to threats of 15 violence or acts of violence by the respondent directed toward 16 the respondent’s self or others. 17 (3) The unlawful and reckless use, display, or brandishing 18 of a firearm, offensive weapon, or ammunition by the 19 respondent. 20 (4) Other evidence indicating an increased risk of violence 21 by the respondent. 22 b. An ex parte temporary firearm violence protective order 23 is necessary to prevent physical injury to the respondent’s 24 self or others because less restrictive alternatives have 25 been tried and found to be ineffective, or are determined to 26 be inadequate or inappropriate for the circumstances of the 27 respondent. 28 3. If the court determines that grounds exist to issue an ex 29 parte temporary firearm violence protective order, the court 30 shall issue an ex parte temporary firearm violence protective 31 order that prohibits the respondent from possessing, shipping, 32 transporting, or receiving firearms, offensive weapons, or 33 ammunition, or attempting to possess, ship, transport, or 34 receive firearms, offensive weapons, or ammunition, and that 35 -3- LSB 1427YH (3) 88 mo/rh 3/ 8

H.F. 123 expires not later than twenty-one days from the date the order 1 is issued. 2 4. Within twenty-one days from the date the order is issued, 3 the court shall hold a hearing to determine if a firearm 4 violence protective order should be issued for a period of one 5 year pursuant to section 724A.4. 6 Sec. 5. NEW SECTION . 724A.4 Firearm violence protective 7 order —— notice and hearing. 8 1. Subsequent to the issuance of an ex parte firearm 9 violence protective order pursuant to section 724A.3, an 10 immediate family member or a law enforcement officer may 11 request the court, after notice and a hearing, to issue a 12 firearm violence protective order enjoining the respondent from 13 possessing, shipping, transporting, or receiving firearms, 14 offensive weapons, or ammunition for a period of one year. 15 2. In determining whether to issue a firearm violence 16 protective order under this section, the court shall consider 17 evidence of any of the following: 18 a. A recent threat of violence or act of violence by the 19 respondent directed toward the respondent’s self or others. 20 For the purposes of this paragraph, “recent” means within the 21 last six months prior to the date the petition was filed. 22 b. A pattern of violent acts or violent threats within the 23 past twelve months, including but not limited to threats of 24 violence or acts of violence by the respondent directed toward 25 the respondent’s self or others. 26 c. The unlawful and reckless use, display, or brandishing of 27 a firearm, offensive weapon, or ammunition by the respondent. 28 d. Other evidence indicating an increased risk for violence 29 by the respondent. 30 3. At the hearing, the petitioner shall have the burden 31 of proving, by clear and convincing evidence, all of the 32 following: 33 a. The respondent poses a significant danger of personal 34 injury to the respondent’s self or others by possessing, 35 -4- LSB 1427YH (3) 88 mo/rh 4/ 8

H.F. 123 shipping, transporting, or receiving firearms, offensive 1 weapons, or ammunition. 2 b. A firearm violence protective order is necessary to 3 prevent physical injury to the respondent’s self or others 4 because less restrictive alternatives have been tried and 5 found to be ineffective or are determined to be inadequate or 6 inappropriate for the respondent’s circumstances. 7 c. (1) If the court finds that there is clear and 8 convincing evidence to issue a firearm violence protective 9 order, the court shall issue a firearm violence protective 10 order that prohibits the respondent from having in the 11 respondent’s custody or control, or owning, purchasing, 12 possessing, or receiving, or attempting to purchase or receive, 13 a firearm, offensive weapon, or ammunition, and that expires 14 one year from the date of the order. 15 (2) If the court finds that there is not clear and 16 convincing evidence to support the issuance of a firearm 17 violence protective order, the court shall dissolve any 18 temporary emergency or ex parte firearm violence protective 19 order then in effect. 20 Sec. 6. NEW SECTION . 724A.5 Judicial branch forms and 21 rules. 22 The supreme court shall prescribe standard forms and rules 23 necessary or expedient to carry out the intent and purposes of 24 this chapter. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to firearm violence protective orders and 29 makes penalties applicable. 30 The bill establishes three categories of firearm violence 31 protective orders: (1) a temporary emergency firearm violence 32 protective order (available outside of regular court hours), 33 (2) an ex parte firearm violence protective order, and (3) 34 a firearm violence protective order issued after notice and 35 -5- LSB 1427YH (3) 88 mo/rh 5/ 8

H.F. 123 hearing. 1 TEMPORARY EMERGENCY FIREARM VIOLENCE PROTECTIVE ORDER. 2 The bill provides that a law enforcement officer may seek 3 a temporary emergency firearm protective order by orally 4 contacting a judicial officer. A court may issue a temporary 5 emergency firearm protective order if a judicial officer 6 finds there is reasonable cause to believe that a person 7 poses an immediate and present danger of physical injury to 8 the respondent’s self or others by possessing, shipping, 9 transporting, or receiving firearms, offensive weapons, or 10 ammunition and that a temporary emergency firearm violence 11 protective order is necessary to prevent physical injury to 12 the respondent’s self or others because less restrictive 13 alternatives have been tried and found to be ineffective or 14 are determined to be inadequate or inappropriate for the 15 respondent’s circumstances. A temporary emergency firearm 16 violence protective order issued under the bill shall prohibit 17 the respondent from possessing, shipping, transporting, 18 or receiving firearms, offensive weapons, or ammunition or 19 attempting to possess, ship, transport, or receive a firearm, 20 offensive weapon, or ammunition, and expires 21 days from the 21 date the order is issued. 22 EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An 23 immediate family member of a respondent or a law enforcement 24 officer may file a petition requesting the court to issue an 25 ex parte temporary firearm violence protective order enjoining 26 the respondent from possessing, shipping, transporting, or 27 receiving firearms, offensive weapons, or ammunition. A 28 court shall issue an ex parte temporary firearm violence 29 protective order if the petition, supported by an affidavit 30 made in writing and any additional information and signed by 31 the petitioner under oath, shows a substantial likelihood 32 that the respondent poses a significant danger, in the 33 near future, of physical injury to the respondent’s self or 34 others by possessing, shipping, transporting, or receiving 35 -6- LSB 1427YH (3) 88 mo/rh 6/ 8

H.F. 123 firearms, offensive weapons, or ammunition as determined by 1 certain evidence including threats of or acts of violence by 2 the respondent, and that the order is necessary to prevent 3 physical injury to the respondent’s self or others because 4 less restrictive alternatives have been tried and found 5 to be ineffective, or are determined to be inadequate or 6 inappropriate for the circumstances of the respondent. If the 7 court issues an ex parte temporary firearm violence protective 8 order that prohibits the respondent from possessing, shipping, 9 transporting, or receiving firearms, offensive weapons, or 10 ammunition, or attempting to possess, ship, transport, or 11 receive firearms, offensive weapons, or ammunition, the order 12 expires not later than 21 days from the date the order is 13 issued. Within 21 days after the date the order is issued, the 14 court shall hold a hearing to determine if a firearm violence 15 protective order should be issued for a period of one year. 16 FIREARM VIOLENCE PROTECTIVE ORDER —— NOTICE AND HEARING. 17 Subsequent to the issuance of an ex parte firearm violence 18 protective order, an immediate family member or a law 19 enforcement officer may request the court, after notice and a 20 hearing, to issue a firearm violence protective order enjoining 21 the respondent from possessing, shipping, transporting, or 22 receiving firearms, offensive weapons, or ammunition for a 23 period of one year. The court may consider additional evidence 24 to determine whether to issue a firearm violence protective 25 order for a period of one year. The evidentiary requirements 26 and standard of review are similar to those required for an ex 27 parte firearm violence protective order. 28 PENALTIES. Under current Code section 724.26, a person who 29 is the subject of a domestic abuse protective order or who has 30 been convicted of a misdemeanor crime of domestic violence 31 under federal law who knowingly possesses, ships, transports, 32 or receives a firearm, offensive weapon, or ammunition is 33 guilty of a class “D” felony. The bill expands this category 34 of persons to include a person who is the subject of a firearm 35 -7- LSB 1427YH (3) 88 mo/rh 7/ 8

H.F. 123 violence protective order under the bill. A class “D” felony 1 is punishable by confinement for no more than five years and 2 a fine of at least $750 but not more than $7,500. The bill 3 makes applicable certain provisions contained in Code section 4 724.26 relating to the surrender of any firearm, offensive 5 weapon, or ammunition in the possession of a prohibited person 6 under the bill, including certain transfer, sale, reporting 7 information, and the return of any firearms, offensive weapons, 8 and ammunition to the person upon the expiration of the firearm 9 protective order. 10 RULES. The bill requires the supreme court to prescribe 11 forms and rules necessary to carry out the intent and purposes 12 of the bill. 13 -8- LSB 1427YH (3) 88 mo/rh 8/ 8