724.31 Persons subject to firearm disabilities due to mental health commitments or adjudications — relief from disabilities — reports. 1. When a court issues an order or judgment under the laws of this state by which a person becomes subject to the provisions of 18 U.S.C. §922(d)(4) and (g)(4), the clerk of thedistrict court shall forward only such information as is necessary to identify the person tothe department of public safety, which in turn shall enter the information on the Iowa on-linewarrants and articles criminal justice information network and forward the information tothe federal bureau of investigation or its successor agency for the sole purpose of inclusionin the national instant criminal background check system database. The clerk of the districtcourt shall also notify the person of the prohibitions imposed under 18 U.S.C. §922(d)(4) and(g)(4). 2. A person who is subject to the disabilities imposed by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or judgment that occurred under the laws of this state may petition thecourt that issued the order or judgment or the court in the county where the person residesfor relief from the disabilities imposed under 18 that occurred under the laws of this state may petition thecourt that issued the order or judgment or the court in the county where the person residesfor relief from the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4). A copy of thepetition shall also be served on the director of health and human services and the countyattorney at the county attorney’s office of the county in which the original order occurred,and the director or the county attorney may appear, support, object to, and present evidencerelevant to the relief sought by the petitioner. 3. The court shall receive and consider evidence in a closed proceeding, including evidence offered by the petitioner, concerning all of the following: a. The circumstances surrounding the original issuance of the order or judgment that resulted in the firearm disabilities imposed by 18 U.S.C. §922(d)(4) and (g)(4). b. The petitioner’s record, which shall include, at a minimum, the petitioner’s mental health records and criminal history records, if any. c. The petitioner’s reputation, developed, at a minimum, through character witness statements, testimony, and other character evidence. d. mental health records and criminal history records, if any. c. The petitioner’s reputation, developed, at a minimum, through character witness statements, testimony, and other character evidence. d. Any changes in the petitioner’s condition or circumstances since the issuance of the original order or judgment that are relevant to the relief sought. 4. The court shall grant a petition for relief filed pursuant to subsection 2 if the court finds by a preponderance of the evidence that the petitioner will not be likely to act in a mannerdangerous to the public safety and that the granting of the relief would not be contrary tothe public interest. A record shall be kept of the proceedings, but the record shall remainconfidential and shall be disclosed only to a court in the event of an appeal. The petitionermay appeal a denial of the requested relief, and review on appeal shall be de novo. A personmay file a petition for relief under subsection 2 not more than once every two years. 5. If a court issues an order granting a petition for relief filed pursuant to subsection 2, the clerk of the court shall immediately notify the department of public safety of the ordergranting relief . If a court issues an order granting a petition for relief filed pursuant to subsection 2, the clerk of the court shall immediately notify the department of public safety of the ordergranting relief under this section. The department of public safety shall, as soon thereafteras is practicable but not later than ten business days thereafter, update, correct, modify, orremove the petitioner’s record in any database that the department of public safety makesavailable to the national instant criminal background check system and shall notify the UnitedStates department of justice that the basis for such record being made available no longerapplies. 2010 Acts, ch 1178, §17, 19; 2011 Acts, ch 72, §1 – 3; 2021 Acts, ch 35, §18; 2023 Acts, ch 19, §1306 Referred to in §229.24, 602.8102(125A)Subsection 2 amended Sat Dec 23 12:32:22 2023 Iowa Code 2024, Section 724.31 (32, 1)
Iowa Legal Code