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, 35 -1- LSB 5503XS (8) 91 sb/js 1/ 35

S.F. 2098 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 35 -2- LSB 5503XS (8) 91 sb/js 2/ 35

S.F. 2098 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 35 -3- LSB 5503XS (8) 91 sb/js 3/ 35

S.F. 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 35 -4- LSB 5503XS (8) 91 sb/js 4/ 35

S.F. 2098 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 35 -5- LSB 5503XS (8) 91 sb/js 5/ 35

S.F. 2098 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 35 -6- LSB 5503XS (8) 91 sb/js 6/ 35

S.F. 2098 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. 35 -7- LSB 5503XS (8) 91 sb/js 7/ 35

S.F. 2098 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 35 -8- LSB 5503XS (8) 91 sb/js 8/ 35

S.F. 2098 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 35 -9- LSB 5503XS (8) 91 sb/js 9/ 35

S.F. 2098 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 35 -10- LSB 5503XS (8) 91 sb/js 10/ 35

S.F. 2098 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, 35 -11- LSB 5503XS (8) 91 sb/js 11/ 35

S.F. 2098 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 35 -12- LSB 5503XS (8) 91 sb/js 12/ 35

S.F. 2098 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 35 -13- LSB 5503XS (8) 91 sb/js 13/ 35

S.F. 2098 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 35 -14- LSB 5503XS (8) 91 sb/js 14/ 35

S.F. 2098 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) 35 -15- LSB 5503XS (8) 91 sb/js 15/ 35

S.F. 2098 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 35 -16- LSB 5503XS (8) 91 sb/js 16/ 35

S.F. 2098 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. 35 -17- LSB 5503XS (8) 91 sb/js 17/ 35

S.F. 2098 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 35 -18- LSB 5503XS (8) 91 sb/js 18/ 35

S.F. 2098 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 35 -19- LSB 5503XS (8) 91 sb/js 19/ 35