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A new Iowa law restricts firearm possession by someone who has a domestic abuse conviction or restraining order against them. The state law, known as Senate File 2357, was signed into law by the Governor on March 22, 2010 and took effect July 1, 2010.

The new Iowa law is similar to the federal firearms prohibition law, commonly called the Lautenberg Amendment. The federal law already prohibits firearm possession by those convicted of a domestic violence misdemeanor and those subject to a domestic abuse protective order. The prohibition generally lasts the length of the order. It is difficult to enforce the federal law, however, as technically only federal officers have the power to enforce it. Since there are very few federal officers who deal with firearms for the entire state, it makes enforcement almost impossible. This means that many abusers are in violation of the federal law but there are very limited ways for dealing with the problem. The changes to the state law should give local law enforcement authority to take firearms away from abusers.

Here is a general summary of the state law:

A person who has a protection order or no-contact order against him or her or has a certain type of criminal conviction, such as a misdemeanor domestic abuse charge:

• must be told that he or she shall not possess, ship, transport, or receive firearms while the order is in place or until the conviction is vacated; and
• cannot knowingly possess, ship, transport, or receive firearms, ammunition, or other offensive weapons.

If this person does possess a firearm:

• he or she can be found guilty of a Class D felony; and
• the court shall order the firearm to be sold or transferred.

A temporary criminal no-contact order pursuant to a domestic abuse misdemeanor charge and a temporary civil protection order must state that the defendant may be required to turn over firearms once the permanent order goes into effect.

Upon entry of a permanent domestic abuse protective order, the court shall enter identifying information of the person who the order is against into the Iowa criminal justice information system. When the order is no longer in effect, the information will be deleted.

Consent Orders:

Sometimes a Respondent (the person who the order is against) will consent to the protection order. This means he or she agrees to the protection order and the judge does not make a finding that domestic abuse occurred. It is unclear if this new Iowa law applies when the Respondent consents to the protection order or if it only applies to orders where the judge made a finding that domestic abuse occurred. The federal law prohibits firearm possession when there is a consent protection order, however, so even a Respondent who consents should still be banned from possessing firearms.

Enforcement:

The new law does not include a specific enforcement procedure telling law enforcement how to seize the firearms. If a victim of domestic violence knows that the abuser has a firearm, she or he could bring a contempt action against the abuser to force the abuser to turn in the firearm.

Providing help for problems involving basic issues of health, safety and survivial is a priority for Iowa Legal Aid. Legal assistance is provided statewide to protect survivors of domestic violence. To apply for help, call 1-800-532-1275 (se habla español).