offensive weapons, and ammunition by felons and others. 1. a. A personwho isconvictedof a felony in astate orfederal court, or who isadjudicated 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, or transports or causes to be transported a firearmor offensive weapon is guilty of the following: (1) A class “D” felony for a first offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years with a mandatory minimum term of confinement of two years. (2) A class “D” felony fora secondoffense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed five years with a mandatory minimum term of confinement of four years. (3) A class “C” felony for a third offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed ten years with a mandatory minimum term of confinement of seven years. (4) A class “C” felony for a fourth or subsequent offense, with commitment to the custody of the director of the department of corrections for an indeterminate term not to exceed ten years with a mandatory minimum term of confinement of ten years. b. The court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration imposed by this subsection, except the court may suspend execution of any sentence of incarceration imposed under subparagraph (1) upon the recommendation of the county attorney. c. Earned time accrued by a person convicted under this subsection shall not be applied toreduce any mandatory minimum sentence imposed. Earned time accrued shall be credited against the person’s indeterminate term ofincarceration, but shall not reduce any mandatory minimum sentence imposed. 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 domestic violence under 18 U.S.C. §922(g)(9) and who knowingly possesses, ships, transports, or receives 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 or political subdivision for use in the performance of the officialduties of the person who is the subject 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 or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. 3. Uponthe issuance ofa protective orderorentry of a judgmentof conviction describedin subsection 2, the court shall inform the person who isthe subject of such order or conviction that 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 the person’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 finds the 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 or transferred by a date certain to the custody of a qualified person in this state, as determined by the court. The qualified person must be able to lawfully possess such firearm, offensive weapon, or ammunition in this state. Ifthe court is unable to identify a qualified person to receive such firearm, offensive weapon, or ammunition, the court shall order that the firearm, offensive weapon, or ammunition be transferred by a date certain to the county sheriff or a local law enforcement agency designated by the court for safekeeping until a qualified person isidentified to receive the firearm, offensive weapon, or ammunition, until such order is no longer in effect, until such conviction is vacated, or until the person’s rights have been restored in accordance with section 724.27. If the firearm, offensive weapon, or ammunition isto be transferred to the sheriff’s office or a local law enforcement agency, the court shall assess the person the reasonable cost of storing the firearm, offensive weapon, or ammunition, 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 person subject to the order into the Iowa criminal justice information system, the reason for the order, and the date by which the person is required to comply with any relinquishment order issued under subsection 4. At the time such order is no longer in effect, such information relating to the prohibition in subsection 3 shall be deleted from the Iowa criminal justice information system. 6. Ifa firearm,offensive weapon, or ammunition has beentransferredtoa qualifiedperson pursuant to subsection 4 and the protective order described in subsection 2 is no longer in effect,the firearm,offensive weapon, or ammunition shall be returned to the person who was subject to the protective order within five days of that person’s request to have the firearm, offensive weapon, or ammunition returned. Acts, ch 104, §1 Subsection1amended
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