724.26 Possession, receipt, transportation, or dominion and control of firearms, offensive weapons, and ammunition by felons and others.
1. A person who is convicted of a felony in a state or federal court, or who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class “D” felony.
2. a. Except as provided in paragraph “b”, a person who is subject to a protective order under 18 U.S.C. §922(g)(8) or who has been convicted of a misdemeanor crime of domestic violence under 18 U.S.C. §922(g)(9) and who knowingly possesses, ships, transports, or receives a firearm, offensive weapon, or ammunition is guilty of a class “D” felony.
b. This subsection shall not apply to the possession, shipment, transportation, or receipt of a firearm, offensive weapon, or ammunition issued by a state department or agency or political subdivision for use in the performance of the official duties of the person who is the subject of a protective order under 18 U.S.C. §922(g)(8).
c. For purposes of this section, “misdemeanor crime of domestic violence” means an assault under section 708.1, subsection 2, paragraph “a” or “c”, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
3. Upon the issuance of a protective order or entry of a judgment of conviction described in subsection 2, the court shall inform the person who is the subject of such order or conviction that the person shall not possess, ship, transport, or receive a firearm, offensive weapon, or ammunition while such order is in effect or until such conviction is vacated or until the person’s rights have been restored in accordance with section 724.27.
4. Except as provided in section 809A.17, subsection 5, paragraph “b”, a court that issues an order or that enters a judgment of conviction described in subsection 2 and that finds the subject of the order or conviction to be in possession of any firearm, offensive weapon, or ammunition shall order that such firearm, offensive weapon, or ammunition be sold or transferred by a date certain to the custody of a qualified person in this state, as determined by the court. The qualified person must be able to lawfully possess such firearm, offensive weapon, or ammunition in this state. If the court is unable to identify a qualified person to receive such firearm, offensive weapon, or ammunition, the court shall order that the firearm, offensive weapon, or ammunition be transferred by a date certain to the county sheriff or a local law enforcement agency designated by the court for safekeeping until a qualified person is identified to receive the firearm, offensive weapon, or ammunition, until such order is no longer in effect, until such conviction is vacated, or until the person’s rights have been restored in accordance with section 724.27. If the firearm, offensive weapon, or ammunition is to be transferred to the sheriff’s office or a local law enforcement agency, the court shall assess the person the reasonable cost of storing the firearm, offensive weapon, or ammunition, payable to the county sheriff or the local law enforcement agency.
5. Upon entry of an order described in subsection 2, the court shall enter the name, address, date of birth, driver’s license number, or other identifying information of the person subject to the order into the Iowa criminal justice information system, the reason for the order, and the date by which the person is required to comply with any relinquishment order issued under subsection 4. At the time such order is no longer in effect, such information relating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justice information system.
6. If a firearm, offensive weapon, or ammunition has been transferred to a qualified person pursuant to subsection 4 and the protective order described in subsection 2 is no longer in effect, the firearm, offensive weapon, or ammunition shall be returned to the person who was subject to the protective order within five days of that person’s request to have the firearm, offensive weapon, or ammunition returned.
[C79, 81, §724.26]
90 Acts, ch 1147, §8; 97 Acts, ch 126, §47; 2002 Acts, ch 1055, §4; 2002 Acts, ch 1175, §94
; 2002 Acts, 2nd Ex, ch 1003, §243, 262
; 2010 Acts, ch 1083, §4; 2013 Acts, ch 90, §254
Referred to in §236.5, 724.8, 724.15, 724.16, 724.25, 724.27, 804.21
Exception; see §724.27
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Section 724.1 - Offensive weapons.
Section 724.1A - Firearm suppressors — certification.
Section 724.1B - Firearm suppressors — penalty.
Section 724.1C - Short-barreled rifle or short-barreled shotgun — penalty.
Section 724.2 - Authority to possess offensive weapons.
Section 724.2A - Peace officer — defined — reserved peace officer included.
Section 724.3 - Unauthorized possession of offensive weapons.
Section 724.4 - Use of a dangerous weapon in the commission of a crime.
Section 724.4A - Weapons free zones — enhanced penalties.
Section 724.4B - Carrying firearms on school grounds — penalty — exceptions.
Section 724.4C - Possession or carrying of dangerous weapons while under the influence.
Section 724.4D - Carrying of dangerous weapons — duty to cooperate — reasonable suspicion.
Section 724.4E - Possession of dangerous weapons and loaded firearms by minors.
Section 724.6 - Professional permit to carry weapons.
Section 724.7 - Nonprofessional permit to carry weapons.
Section 724.8 - Persons ineligible for permit to carry weapons.
Section 724.8B - Persons ineligible to carry dangerous weapons.
Section 724.9 - Firearm safety training.
Section 724.9A - Approval of organizations that may certify handgun safety training instructors.
Section 724.10 - Application for permit to carry weapons — background check required.
Section 724.11 - Issuance of permit to carry weapons.
Section 724.11A - Recognition.
Section 724.12 - Permit to carry weapons not transferable.
Section 724.14 - Nonprofessional permit — change of residence to another county.
Section 724.15 - Acquiring pistols or revolvers.
Section 724.16 - Prohibited transfers of firearms.
Section 724.16A - Trafficking in stolen weapons.
Section 724.17 - Permit to acquire — criminal history check.
Section 724.18 - Procedure for making application for permit to acquire.
Section 724.19 - Issuance of permit to acquire.
Section 724.20 - Validity of permit to acquire pistols or revolvers.
Section 724.21 - Giving false information when acquiring pistol or revolver.
Section 724.22 - Persons under twenty-one — sale, loan, gift, making available — possession.
Section 724.23 - Records kept by commissioner and issuing officers.
Section 724.24 - Purchase or sale of firearms in contiguous states.
Section 724.25 - Felony and antique firearm defined.
Section 724.27 - Offenders’ rights restored.
Section 724.28 - Prohibition of regulation by political subdivisions — exception.
Section 724.28A - Authority to carry firearm — peace officers.
Section 724.29 - Firearm devices.
Section 724.29A - Fraudulent purchase of firearms or ammunition.
Section 724.30 - Reckless use of a firearm.
Section 724.31A - Identifying information — background checks.