Iowa 2023-2024 Regular Session

Iowa House Bill HF2297

Introduced
2/5/24  
Introduced
2/5/24  

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 significantly reshapes existing gun control policies by establishing legal consequences for individuals who do not comply with protective orders. It includes penalties for knowingly possessing firearms while an order is in effect, thus enhancing law enforcement's ability to monitor and manage threats arising from individuals with potentially dangerous mental health issues, domestic violence histories, or substance abuse problems. Additionally, the legislation provides a structured process for emergency orders, allowing quicker intervention in urgent situations.

Summary

House File 2297 introduces a legislative framework for issuing extreme risk protective orders in cases where individuals pose a significant danger to themselves or others due to their access to firearms. Primarily aimed at preventing potential gun violence, the bill permits family members or law enforcement officers to petition for these orders in district courts. If granted, the orders mandate the immediate surrender of any firearms and weapon permits held by the individual deemed a threat, creating a legal mechanism for preemptively addressing risks associated with gun possession.

Contention

There are notable points of contention surrounding HF2297, particularly around concerns regarding due process and the potential for misuse of protective orders. Critics argue that hastily issued orders without the respondent's prior knowledge could lead to unjust confiscation of firearms, especially if the individuals genuinely pose no threat. Supporters, however, contend that the safety of vulnerable individuals, including potential victims of domestic violence, must take precedence, and that the bill provides essential safeguards to prevent escalation into violence.

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 SB7

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

IA SB1658

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

IA HB478

Relating to extreme risk protective orders; creating criminal offenses.

IA HB655

Relating to extreme risk protective orders; creating criminal offenses.

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