Bill > HF55

Introduced Session

This bill relates to mandatory minimum sentences relating to the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon. Current law provides that a person who is convicted of a felony in a state or federal court, or who is adjudicated 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 firearm or offensive weapon is guilty of a class “D” felony. The bill establishes penalties for first, second, third, and fourth and subsequent violations, and requires commitment to the custody of the director of the department of corrections for a mandatory minimum term of incarceration. The bill provides the following: a first offense is a class “D” felony with a mandatory minimum term of confinement of two years; a second offense is a class “D” felony with a mandatory minimum term of confinement of four years; a third offense is a class “C” felony with a mandatory minimum term of confinement of seven years; and a fourth or subsequent offense is a class “C” felony with a mandatory minimum term of confinement of 10 years. The maximum period of confinement for a class “D” felony is five years, and the maximum period of confinement for a class “C” felony is ten years. The bill provides that the court shall not defer judgment or sentencing, or suspend execution of any mandatory minimum sentence of incarceration.

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Matthew Rinker (R)*, 

Committee report approving bill, renumbered as HF 176. (on 01/30/2025)

Official Document