House File 434 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act relating to the possession, receipt, transportation,
  2    or dominion or control of firearms, offensive weapons, and
  3    ammunition by certain persons.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2544HH (5) 86
    jm/rj

PAG LIN



  1  1    Section 1.  Section 724.25, subsection 1, Code 2015, is
  1  2 amended to read as follows:
  1  3    1.  As used in section 724.26, the word "felony" means
  1  4 any offense punishable in the jurisdiction where it occurred
  1  5 by imprisonment for a term exceeding one year, but does not
  1  6 include any offense, other than an offense involving a firearm
  1  7 or explosive, classified as a misdemeanor under the laws of the
  1  8 state and punishable by a term of imprisonment of two years or
  1  9 less.  "Felony" does not include a deferred judgment that has
  1 10 been expunged pursuant to section 907.3 or the applicable law
  1 11 of the state in which the deferred judgment was entered, or an
  1 12 adjudication of a delinquent act that has been sealed under
  1 13 section 232.150 or the applicable law of the state in which the
  1 14 adjudication of delinquency was entered.
  1 15                           EXPLANATION
  1 16 The inclusion of this explanation does not constitute agreement with
  1 17 the explanation's substance by the members of the general assembly.
  1 18    This bill relates to the possession, receipt,
  1 19 transportation, or dominion and control of firearms, offensive
  1 20 weapons, and ammunition by certain persons.
  1 21    Current law in Code section 724.26 prohibits a felon from
  1 22 possessing, receiving, transporting, or controlling a firearm,
  1 23 offensive weapon, and ammunition.  The bill provides that a
  1 24 person, who has had a felony judgment deferred that has been
  1 25 expunged pursuant to Code section 907.3 or under similar
  1 26 laws of another state or an adjudication of a delinquent act
  1 27 sealed in juvenile court under Code section 232.150 or under
  1 28 similar laws of another state, is not a felon for purposes of
  1 29 determining whether a violation of Code section 724.26 has
  1 30 occurred.
  1 31    A felon who violates Code section 724.26 commits a class "D"
  1 32 felony.
       LSB 2544HH (5) 86
       jm/rj