Iowa Law
Iowa Domestic Violence Firearm Purchase and Possession Prohibitions
Iowa prohibits persons convicted of misdemeanor crimes of domestic violence, as defined in federal law, from possessing, shipping, transporting, or receiving a firearm or ammunition.1
Iowa prohibits persons subject to a domestic violence protective order, that qualifies for the federal prohibition, from possessing, shipping, transporting, or receiving a firearm or ammunition.2
IOWA CIVIL DOMESTIC VIOLENCE PROTECTIVE ORDER FIREARM REMOVAL
Domestic Violence Civil Protective Orders that Require Removal
A court that issues a domestic violence protective order, for which firearm possession, shipping, transporting, or receiving firearms or ammunition is prohibited, that finds the subject of the order to be in possession of any firearm or ammunition shall order that such firearm or ammunition be sold or transferred by a specific date.3
Individuals Who May Petition for a Protective Order
The following persons may petition for a domestic violence protective order:
- Family or household members who resided together at the time of the assault. Family or household members include:
- Spouses;
- Persons cohabiting;
- Parents; and
- Persons related by consanguinity or affinity.
- Separated spouses or persons divorced from each other;
- Persons who are parents of the same minor child (regardless or marital status or cohabitation);
- Family or household members who resided together within the past year but did not reside together at the time of the assault; and
- Persons in an intimate relationship who have had contact within the year prior to the assault.4
“Intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.”5
Removal Process
A court that issues a domestic violence protective order, for which the possession, shipment, transport, or receipt of firearms or ammunition is prohibited, and that finds the subject of the order to be in possession of any firearm or ammunition shall order that such firearm or ammunition be sold or transferred by a specific date to the custody of a qualified person in Iowa, as determined by the court.6 The qualified person must not be prohibited from possessing a firearm or ammunition.7 “If the court is unable to identify a qualified person to receive such firearm . . . or ammunition, the court shall order that the firearm . . . 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 is identified … [or] until such order is no longer in effect[.]”8
Exemption from Removal Requirement
The prohibition on possessing, shipping, transporting, or receiving a firearm or ammunition for persons subject to a domestic violence protective order under 18 U.S.C. 922(g)(8) shall not apply to the possession, shipment, transportation, or receipt of a firearm or ammunition issued by a state department or agency or political subdivision for use in the respondent’s performance of official duties.9
Return of Firearms to Respondent
If a firearm or ammunition has been transferred to a qualified person and the protective order is no longer in effect, the firearm or ammunition shall be returned to the respondent within five days of the respondent’s request to have the firearm or ammunition returned.10
Penalties for Violation
Knowingly possessing, shipping, transporting, or receiving a firearm while subject to a domestic violence protective order under 18 U.S.C. 922(g)(8) is a class D felony,11 punishable by no more than five years confinement and a fine between $750 and $7,500.12
