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, ortransports 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 domesticviolence under 18 U.S.C. §922(g)(9) and who knowingly possesses, ships, transports, orreceives 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 orpolitical subdivision for use in the performance of the official duties of the person who is thesubject of a protective order under 18 U.S.C. §922(g)(8). c. n issued by a state department or agency orpolitical subdivision for use in the performance of the official duties of the person who is thesubject 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 orformer spouse, parent, or guardian of the victim, by a person with whom the victim sharesa child in common, by a person who is cohabiting with or has cohabited with the victimas a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, orguardian 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 convictionthat 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 theperson’s rights have been restored in accordance with section 724.27. 4. eceive a firearm, offensive weapon,or ammunition while such order is in effect or until such conviction is vacated or until theperson’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 findsthe 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 ortransferred by a date certain to the custody of a qualified person in this state, as determinedby the court. The qualified person must be able to lawfully possess such firearm, offensiveweapon, or ammunition in this state. If the court is unable to identify a qualified personto receive such firearm, offensive weapon, or ammunition, the court shall order that thefirearm, offensive weapon, or ammunition be transferred by a date certain to the countysheriff or a local law enforcement agency designated by the court for safekeeping until aqualified person is identified to receive the firearm, offensive weapon, or ammunition, untilsuch order countysheriff or a local law enforcement agency designated by the court for safekeeping until aqualified person is identified to receive the firearm, offensive weapon, or ammunition, untilsuch order is no longer in effect, until such conviction is vacated, or until the person’s rightshave been restored in accordance with section 724.27. If the firearm, offensive weapon, orammunition is to be transferred to the sheriff’s office or a local law enforcement agency, thecourt shall assess the person the reasonable cost of storing the firearm, offensive weapon, orammunition, 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 personsubject to the order into the Iowa criminal justice information system, the reason for theorder, and the date by which the person is required to comply with any relinquishment orderissued under subsection 4. At the time such order is no longer in effect, such informationrelating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justiceinformation t orderissued under subsection 4. At the time such order is no longer in effect, such informationrelating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justiceinformation 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 ineffect, the firearm, offensive weapon, or ammunition shall be returned to the person who was Sat Dec 23 12:32:19 2023 Iowa Code 2024, Section 724.26 (24, 0) §724.26, WEAPONS 2 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, 804.21Exception; see §724.27 Sat Dec 23 12:32:19 2023 Iowa Code 2024, Section 724.26 (24, 0)
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