Iowa 2023-2024 Regular Session

Iowa House Bill HF2115

Introduced
1/23/24  
Introduced
1/23/24  

Caption

A bill for an act relating to the creation of an extreme risk protective order against a person in possession of a firearm who presents a significant danger to the person's self or others, and providing penalties.

Impact

The bill introduces thorough procedures for the issuance and enforcement of extreme risk protective orders. Upon issuance, individuals are mandated to surrender firearms within 48 hours, and law enforcement agencies are tasked with developing policies for handling these firearms. If an individual fails to comply with the surrender requirements, the bill grants courts the authority to issue search warrants, thereby enhancing law enforcement's ability to ensure public safety. As such, the bill modifies existing state laws to create a clearer framework for managing individuals at risk while also instituting specific penalties for violations of the orders.

Summary

House File 2115 is designed to establish a mechanism for the issuance of extreme risk protective orders against individuals who are deemed a significant danger to themselves or others due to firearms possession. This legislation permits family members or peace officers to petition for such an order, facilitating preventive measures against potential acts of violence. The bill outlines the circumstances under which these orders can be issued, including a requirement for evidence showing that the individual presents a significant risk by possessing, shipping, or transporting firearms.

Contention

House File 2115 has spurred discussions regarding the balance between public safety and individual rights. Supporters argue that the bill is a necessary step in preventing gun violence and mitigating risks associated with firearm possession among individuals showing threatening behavior. Critics, however, raise concerns about the potential for misuse of protective orders and the implications for due process. They argue that the quick issuance of an order without sufficient safeguards could lead to unjust ramifications for individuals who may not pose an actual risk. Consequently, the discourse surrounding the bill centers on how to effectively implement measures to protect community safety without infringing on personal freedoms.

Companion Bills

No companion bills found.

Previously Filed As

IA SF2122

A bill for an act relating to the creation of an extreme risk protective order against a person in possession of a firearm who presents a significant danger to the person's self or others, and providing penalties.

IA HB1867

In firearms and other dangerous articles, providing for prohibition of extreme risk protective orders.

IA HB2570

Relating to extreme risk protective orders and certain other protective orders prohibiting possession of a firearm; creating criminal offenses.

IA SF2098

A bill for an act relating to firearms, including background checks for acquiring pistols or revolvers, identification markings on firearms and firearm parts, trigger locks, extreme risk protective orders, mental health funding, certain firearm transfers, and certain related crimes, and providing penalties.

IA HB1859

In firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.

IA HB1072

Right to Firearm Possession & Elimination of Extreme Risk Protection Orders

IA HB478

Relating to extreme risk protective orders; creating criminal offenses.

IA HB655

Relating to extreme risk protective orders; creating criminal offenses.

IA SB2305

Relating to extreme risk protective orders; creating criminal offenses.

IA HB9

Relating to extreme risk protective orders; creating criminal offenses.

Similar Bills

CA SB916

Civil actions: housing development projects.

CA SB1344

Civil actions: housing development projects.

MI SB0909

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

CA AB1162

An act to amend Section 529.

CA SB678

Fire prevention activities: challenges: undertaking.

MS HB1396

The Asbestos Action Over-Naming Reform Act; create to regulate.

AZ SB1099

gender transition procedures; informed consent

NJ S1939

"Personal Injury Trust Fund Transparency Act;" requires plaintiff to file personal injury trust claims under certain circumstances; addresses allocation of trust claims; establishes scheduling and discovery requirements for certain tort actions.