Date: 08-28-2018

Case Style:

Case Number: 4:17-cr-00195-SMR-CFB

Judge: Stephanie M. Rose

Court: United States District Court for the Southern District of Iowa (Polk County)

Plaintiff's Attorney:

Defendant's Attorney: James Nelsen

Description: Des Moines, IA - Des Moines Man Sentenced to Prison for Firearms Offense

Roman Deon Hellems, Jr. sentenced to 96 months for felon in possession of a firearm

On August 24, 2018, Roman Deon Hellems, Jr., age 23, of Des Moines, appeared before United States District Court Judge Stephanie M. Rose and was sentenced to 96 months in prison for a felon in possession of a firearm charge announced United States Attorney Marc Krickbaum. Hellems was ordered to serve three years of supervised release to follow his prison term.

According to the government’s sentencing memorandum, Hellems, a prior drug felon, was out of custody, on bond, for multiple counts of weapons possession, burglary, and criminal gang participation when members of the Des Moines Police Department encountered him during an October 7, 2017, traffic stop. Hellems was found in possession of a loaded and stolen Glock 26 9mm handgun. When law enforcement attempted to arrest Hellems, he fought the officers. Ultimately, it took three officers, two Taser deployments, and pepper spray to detain him. During the struggle with Hellems, the magazine to an officer’s firearm was dislodged and was later found where Hellems had assaulted him.

When pronouncing judgment, the District Court commended the Des Moines Police Officers for their professionalism and the restraint the officers demonstrated in safely arresting Hellems, despite his efforts to assault them. “The Des Moines Police Department and Federal Bureau of Investigation have been great partners in addressing violent crime in the Southern District of Iowa,” stated United States Attorney Krickbaum. “The Defendant and other felons who carry guns should understand: if you illegally possess a gun on the streets of Des Moines you will face real consequences and real punishment, including significant prison time.”

This investigation was conducted by the Des Moines Police Department and the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

UNLAWFUL TRANSPORT OF FIREARMS, ETC. 18:922(g)(1), 924(a)(2) Felon in Possession of a Firearm
(1)

§ 922. Unlawful acts
(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage
in the business of importing, manufacturing,
or dealing in firearms, or in the course of
such business to ship, transport, or receive
any firearm in interstate or foreign commerce;
or
(B) except a licensed importer or licensed
manufacturer, to engage in the business of
importing or manufacturing ammunition, or
in the course of such business, to ship, transport,
or receive any ammunition in interstate
or foreign commerce;
(2) for any importer, manufacturer, dealer,
or collector licensed under the provisions of
this chapter to ship or transport in interstate
or foreign commerce any firearm to any person
other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector,
except that—
(A) this paragraph and subsection (b)(3)
shall not be held to preclude a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector from returning a
firearm or replacement firearm of the same
kind and type to a person from whom it was
received; and this paragraph shall not be
held to preclude an individual from mailing
a firearm owned in compliance with Federal,
State, and local law to a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to preclude
a licensed importer, licensed manufacturer,
or licensed dealer from depositing a
firearm for conveyance in the mails to any
officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of
this title, is eligible to receive through the
mails pistols, revolvers, and other firearms
capable of being concealed on the person, for
use in connection with his official duty; and
(C) nothing in this paragraph shall be construed
as applying in any manner in the District
of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector to transport into or receive
in the State where he resides (or if the
person is a corporation or other business entity,
the State where it maintains a place of
business) any firearm purchased or otherwise
obtained by such person outside that State,
except that this paragraph (A) shall not preclude
any person who lawfully acquires a firearm
by bequest or intestate succession in a
State other than his State of residence from
transporting the firearm into or receiving it in
that State, if it is lawful for such person to
purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt
of a firearm obtained in conformity with
subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm
acquired in any State prior to the effective
date of this chapter;
(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector, to transport in interstate
or foreign commerce any destructive device,
machinegun (as defined in section 5845 of
the Internal Revenue Code of 1986), short-barreled
shotgun, or short-barreled rifle, except
as specifically authorized by the Attorney
General consistent with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector) to transfer, sell, trade,
give, transport, or deliver any firearm to any
person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector) who the transferor knows or
has reasonable cause to believe does not reside
in (or if the person is a corporation or other
business entity, does not maintain a place of
business in) the State in which the transferor
resides; except that this paragraph shall not
apply to (A) the transfer, transportation, or
delivery of a firearm made to carry out a bequest
of a firearm to, or an acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or possess a firearm
under the laws of the State of his residence,
and (B) the loan or rental of a firearm
to any person for temporary use for lawful
sporting purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm
or ammunition from a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, knowingly to make any false
or fictitious oral or written statement or to
furnish or exhibit any false, fictitious, or misrepresented
identification, intended or likely
to deceive such importer, manufacturer, dealer,
or collector with respect to any fact material
to the lawfulness of the sale or other disposition
of such firearm or ammunition under
the provisions of this chapter;
(7) for any person to manufacture or import
armor piercing ammunition, unless—
(A) the manufacture of such ammunition
is for the use of the United States, any department
or agency of the United States,
any State, or any department, agency, or political
subdivision of a State;
(B) the manufacture of such ammunition
is for the purpose of exportation; or
(C) the manufacture or importation of
such ammunition is for the purpose of testing
or experimentation and has been authorized
by the Attorney General;
(8) for any manufacturer or importer to sell
or deliver armor piercing ammunition, unless
such sale or delivery—
(A) is for the use of the United States, any
department or agency of the United States,
any State, or any department, agency, or political
subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or experimentation
and has been authorized by the
Attorney General; 1
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector, who does not reside in
any State to receive any firearms unless such
receipt is for lawful sporting purposes.
(b) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector to sell or deliver—
(1) any firearm or ammunition to any individual
who the licensee knows or has reasonable
cause to believe is less than eighteen
years of age, and, if the firearm, or ammunition
is other than a shotgun or rifle, or ammunition
for a shotgun or rifle, to any individual
who the licensee knows or has reasonable
cause to believe is less than twenty-one years
of age;
(2) any firearm to any person in any State
where the purchase or possession by such person
of such firearm would be in violation of
any State law or any published ordinance applicable
at the place of sale, delivery or other
disposition, unless the licensee knows or has
reasonable cause to believe that the purchase
or possession would not be in violation of such
State law or such published ordinance;
(3) any firearm to any person who the licensee
knows or has reasonable cause to believe
does not reside in (or if the person is a
corporation or other business entity, does not
maintain a place of business in) the State in
which the licensee’s place of business is located,
except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or
shotgun to a resident of a State other than a
State in which the licensee’s place of business
is located if the transferee meets in person
with the transferor to accomplish the transfer,
and the sale, delivery, and receipt fully comply
with the legal conditions of sale in both
such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes
of this subparagraph, in the absence of
evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances
of both States), and (B) shall not
apply to the loan or rental of a firearm to any
person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled
shotgun, or short-barreled rifle, except as specifically
authorized by the Attorney General
consistent with public safety and necessity;
and
(5) any firearm or armor-piercing ammunition
to any person unless the licensee notes in
his records, required to be kept pursuant to
section 923 of this chapter, the name, age, and
place of residence of such person if the person
is an individual, or the identity and principal
and local places of business of such person if
the person is a corporation or other business
entity.
Paragraphs (1), (2), (3), and (4) of this subsection
shall not apply to transactions between licensed
importers, licensed manufacturers, licensed
dealers, and licensed collectors. Paragraph (4) of
this subsection shall not apply to a sale or delivery
to any research organization designated by
the Attorney General.
(c) In any case not otherwise prohibited by
this chapter, a licensed importer, licensed manufacturer,
or licensed dealer may sell a firearm
to a person who does not appear in person at the
licensee’s business premises (other than another
licensed importer, manufacturer, or dealer) only
if—
(1) the transferee submits to the transferor a
sworn statement in the following form:
‘‘Subject to penalties provided by law, I
swear that, in the case of any firearm other
than a shotgun or a rifle, I am twenty-one
years or more of age, or that, in the case of
a shotgun or a rifle, I am eighteen years or
more of age; that I am not prohibited by the
provisions of chapter 44 of title 18, United
States Code, from receiving a firearm in
interstate or foreign commerce; and that my
receipt of this firearm will not be in violation
of any statute of the State and published
ordinance applicable to the locality in
which I reside. Further, the true title, name,
and address of the principal law enforcement
officer of the locality to which the firearm
will be delivered are llllllllllll
lllllllllllllllllllllll
Signature lllllllll Date llll.’’
and containing blank spaces for the attachment
of a true copy of any permit or other information
required pursuant to such statute
or published ordinance;
(2) the transferor has, prior to the shipment
or delivery of the firearm, forwarded by registered
or certified mail (return receipt requested)
a copy of the sworn statement, together
with a description of the firearm, in a
form prescribed by the Attorney General, to
the chief law enforcement officer of the transferee’s
place of residence, and has received a
return receipt evidencing delivery of the statement
or has had the statement returned due to
the refusal of the named addressee to accept
such letter in accordance with United States
Post Office Department regulations; and
(3) the transferor has delayed shipment or
delivery for a period of at least seven days following
receipt of the notification of the acceptance
or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the
notification to the local law enforcement officer,
together with evidence of receipt or rejection
of that notification shall be retained by the
licensee as a part of the records required to be
kept under section 923(g).
(d) It shall be unlawful for any person to sell
or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable
cause to believe that such person—
(1) is under indictment for, or has been convicted
in any court of, a crime punishable by
imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any
controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C.
802));
(4) has been adjudicated as a mental defective
or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(26)));
(6) who 2 has been discharged from the Armed
Forces under dishonorable conditions;
(7) who, having been a citizen of the United
States, has renounced his citizenship;
(8) is subject to a court order that restrains
such person from harassing, stalking, or
threatening an intimate partner of such person
or child of such intimate partner or person,
or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child, except
that this paragraph shall only apply to a court
order that—
(A) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner
or child that would reasonably be expected
to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor
crime of domestic violence.
This subsection shall not apply with respect to
the sale or disposition of a firearm or ammunition
to a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector who
pursuant to subsection (b) of section 925 of this
chapter is not precluded from dealing in firearms
or ammunition, or to a person who has
been granted relief from disabilities pursuant to
subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly
to deliver or cause to be delivered to any
common or contract carrier for transportation
or shipment in interstate or foreign commerce,
to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed
collectors, any package or other container
in which there is any firearm or ammunition
without written notice to the carrier that
such firearm or ammunition is being transported
or shipped; except that any passenger
who owns or legally possesses a firearm or ammunition
being transported aboard any common
or contract carrier for movement with the passenger
in interstate or foreign commerce may
deliver said firearm or ammunition into the custody
of the pilot, captain, conductor or operator
of such common or contract carrier for the duration
of the trip without violating any of the provisions
of this chapter. No common or contract
carrier shall require or cause any label, tag, or
other written notice to be placed on the outside
of any package, luggage, or other container that
such package, luggage, or other container contains
a firearm.
(f)(1) It shall be unlawful for any common or
contract carrier to transport or deliver in interstate
or foreign commerce any firearm or ammunition
with knowledge or reasonable cause to
believe that the shipment, transportation, or receipt
thereof would be in violation of the provisions
of this chapter.
(2) It shall be unlawful for any common or
contract carrier to deliver in interstate or foreign
commerce any firearm without obtaining
written acknowledgement of receipt from the recipient
of the package or other container in
which there is a firearm.
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a
crime punishable by imprisonment for a term
exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to
any controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C.
802));
(4) who has been adjudicated as a mental defective
or who has been committed to a mental
institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United
States; or
(B) except as provided in subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(26)));
(6) who has been discharged from the Armed
Forces under dishonorable conditions;
(7) who, having been a citizen of the United
States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which
such person received actual notice, and at
which such person had an opportunity to
participate;
(B) restrains such person from harassing,
stalking, or threatening an intimate partner
of such person or child of such intimate
partner or person, or engaging in other conduct
that would place an intimate partner in
reasonable fear of bodily injury to the partner
or child; and
(C)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of
physical force against such intimate partner or child that would reasonably be expected
to cause bodily injury; or
(9) who has been convicted in any court of a
misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce,
or possess in or affecting commerce, any
firearm or ammunition; or to receive any firearm
or ammunition which has been shipped or
transported in interstate or foreign commerce.
(h) It shall be unlawful for any individual, who
to that individual’s knowledge and while being
employed for any person described in any paragraph
of subsection (g) of this section, in the
course of such employment—
(1) to receive, possess, or transport any firearm
or ammunition in or affecting interstate
or foreign commerce; or
(2) to receive any firearm or ammunition
which has been shipped or transported in
interstate or foreign commerce.
(i) It shall be unlawful for any person to transport
or ship in interstate or foreign commerce,
any stolen firearm or stolen ammunition, knowing
or having reasonable cause to believe that
the firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive,
possess, conceal, store, barter, sell, or dispose
of any stolen firearm or stolen ammunition,
or pledge or accept as security for a loan
any stolen firearm or stolen ammunition, which
is moving as, which is a part of, which constitutes,
or which has been shipped or transported
in, interstate or foreign commerce, either
before or after it was stolen, knowing or having
reasonable cause to believe that the firearm or
ammunition was stolen.
(k) It shall be unlawful for any person knowingly
to transport, ship, or receive, in interstate
or foreign commerce, any firearm which has had
the importer’s or manufacturer’s serial number
removed, obliterated, or altered or to possess or
receive any firearm which has had the importer’s
or manufacturer’s serial number removed,
obliterated, or altered and has, at any time,
been shipped or transported in interstate or foreign
commerce.
(l) Except as provided in section 925(d) of this
chapter, it shall be unlawful for any person
knowingly to import or bring into the United
States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any
person knowingly to receive any firearm or ammunition
which has been imported or brought
into the United States or any possession thereof
in violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector knowingly to make any
false entry in, to fail to make appropriate entry
in, or to fail to properly maintain, any record
which he is required to keep pursuant to section
923 of this chapter or regulations promulgated
thereunder.
(n) It shall be unlawful for any person who is
under indictment for a crime punishable by imprisonment
for a term exceeding one year to
ship or transport in interstate or foreign commerce
any firearm or ammunition or receive
any firearm or ammunition which has been
shipped or transported in interstate or foreign
commerce.
(o)(1) Except as provided in paragraph (2), it
shall be unlawful for any person to transfer or
possess a machinegun.
(2) This subsection does not apply with respect
to—
(A) a transfer to or by, or possession by or
under the authority of, the United States or
any department or agency thereof or a State,
or a department, agency, or political subdivision
thereof; or
(B) any lawful transfer or lawful possession
of a machinegun that was lawfully possessed
before the date this subsection takes effect.
(p)(1) It shall be unlawful for any person to
manufacture, import, sell, ship, deliver, possess,
transfer, or receive any firearm—
(A) that, after removal of grips, stocks, and
magazines, is not as detectable as the Security
Exemplar, by walk-through metal detectors
calibrated and operated to detect the Security
Exemplar; or
(B) any major component of which, when
subjected to inspection by the types of x-ray
machines commonly used at airports, does not
generate an image that accurately depicts the
shape of the component. Barium sulfate or
other compounds may be used in the fabrication
of the component.
(2) For purposes of this subsection—
(A) the term ‘‘firearm’’ does not include the
frame or receiver of any such weapon;
(B) the term ‘‘major component’’ means,
with respect to a firearm, the barrel, the slide
or cylinder, or the frame or receiver of the
firearm; and
(C) the term ‘‘Security Exemplar’’ means an
object, to be fabricated at the direction of the
Attorney General, that is—
(i) constructed of, during the 12-month period
beginning on the date of the enactment
of this subsection, 3.7 ounces of material
type 17–4 PH stainless steel in a shape resembling
a handgun; and
(ii) suitable for testing and calibrating
metal detectors:
Provided, however, That at the close of such 12-
month period, and at appropriate times thereafter
the Attorney General shall promulgate
regulations to permit the manufacture, importation,
sale, shipment, delivery, possession,
transfer, or receipt of firearms previously prohibited
under this subparagraph that are as
detectable as a ‘‘Security Exemplar’’ which
contains 3.7 ounces of material type 17–4 PH
stainless steel, in a shape resembling a handgun,
or such lesser amount as is detectable in
view of advances in state-of-the-art developments
in weapons detection technology.
(3) Under such rules and regulations as the Attorney
General shall prescribe, this subsection
shall not apply to the manufacture, possession,
transfer, receipt, shipment, or delivery of a firearm
by a licensed manufacturer or any person
acting pursuant to a contract with a licensed
manufacturer, for the purpose of examining and
testing such firearm to determine whether paragraph
(1) applies to such firearm. The Attorney
General shall ensure that rules and regulations
adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or
the development of new technology.
(4) The Attorney General shall permit the conditional
importation of a firearm by a licensed
importer or licensed manufacturer, for examination
and testing to determine whether or not the
unconditional importation of such firearm
would violate this subsection.
(5) This subsection shall not apply to any firearm
which—
(A) has been certified by the Secretary of
Defense or the Director of Central Intelligence,
after consultation with the Attorney
General and the Administrator of the Federal
Aviation Administration, as necessary for
military or intelligence applications; and
(B) is manufactured for and sold exclusively
to military or intelligence agencies of the
United States.
(6) This subsection shall not apply with respect
to any firearm manufactured in, imported
into, or possessed in the United States before
the date of the enactment of the Undetectable
Firearms Act of 1988.
(q)(1) The Congress finds and declares that—
(A) crime, particularly crime involving
drugs and guns, is a pervasive, nationwide
problem;
(B) crime at the local level is exacerbated by
the interstate movement of drugs, guns, and
criminal gangs;
(C) firearms and ammunition move easily in
interstate commerce and have been found in
increasing numbers in and around schools, as
documented in numerous hearings in both the
Committee on the Judiciary 3 the House of
Representatives and the Committee on the Judiciary
of the Senate;
(D) in fact, even before the sale of a firearm,
the gun, its component parts, ammunition,
and the raw materials from which they are
made have considerably moved in interstate
commerce;
(E) while criminals freely move from State
to State, ordinary citizens and foreign visitors
may fear to travel to or through certain parts
of the country due to concern about violent
crime and gun violence, and parents may decline
to send their children to school for the
same reason;
(F) the occurrence of violent crime in school
zones has resulted in a decline in the quality
of education in our country;
(G) this decline in the quality of education
has an adverse impact on interstate commerce
and the foreign commerce of the United
States;
(H) States, localities, and school systems
find it almost impossible to handle gun-related
crime by themselves—even States, localities,
and school systems that have made
strong efforts to prevent, detect, and punish
gun-related crime find their efforts unavailing
due in part to the failure or inability of other
States or localities to take strong measures;
and
(I) the Congress has the power, under the
interstate commerce clause and other provisions
of the Constitution, to enact measures to
ensure the integrity and safety of the Nation’s
schools by enactment of this subsection.
(2)(A) It shall be unlawful for any individual
knowingly to possess a firearm that has moved
in or that otherwise affects interstate or foreign
commerce at a place that the individual knows,
or has reasonable cause to believe, is a school
zone.
(B) Subparagraph (A) does not apply to the
possession of a firearm—
(i) on private property not part of school
grounds;
(ii) if the individual possessing the firearm is
licensed to do so by the State in which the
school zone is located or a political subdivision
of the State, and the law of the State or
political subdivision requires that, before an
individual obtains such a license, the law enforcement
authorities of the State or political
subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms
rack that is on a motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a
contract entered into between a school in the
school zone and the individual or an employer
of the individual;
(vi) by a law enforcement officer acting in
his or her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for
the purpose of gaining access to public or private
lands open to hunting, if the entry on
school premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B),
it shall be unlawful for any person, knowingly or
with reckless disregard for the safety of another,
to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place
that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the
discharge of a firearm—
(i) on private property not part of school
grounds;
(ii) as part of a program approved by a
school in the school zone, by an individual who
is participating in the program;
(iii) by an individual in accordance with a
contract entered into between a school in a
school zone and the individual or an employer
of the individual; or
(iv) by a law enforcement officer acting in
his or her official capacity.
(4) Nothing in this subsection shall be construed
as preempting or preventing a State or
local government from enacting a statute establishing
gun free school zones as provided in this
subsection.
(r) It shall be unlawful for any person to assemble
from imported parts any semiautomatic
rifle or any shotgun which is identical to any
rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not
being particularly suitable for or readily adaptable
to sporting purposes except that this subsection
shall not apply to—
(1) the assembly of any such rifle or shotgun
for sale or distribution by a licensed manufacturer
to the United States or any department
or agency thereof or to any State or any department,
agency, or political subdivision
thereof; or
(2) the assembly of any such rifle or shotgun
for the purposes of testing or experimentation
authorized by the Attorney General.
(s)(1) Beginning on the date that is 90 days
after the date of enactment of this subsection
and ending on the day before the date that is 60
months after such date of enactment, it shall be
unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver,
or transfer a handgun (other than the return of
a handgun to the person from whom it was received)
to an individual who is not licensed
under section 923, unless—
(A) after the most recent proposal of such
transfer by the transferee—
(i) the transferor has—
(I) received from the transferee a statement
of the transferee containing the information
described in paragraph (3);
(II) verified the identity of the transferee
by examining the identification document
presented;
(III) within 1 day after the transferee
furnishes the statement, provided notice of
the contents of the statement to the chief
law enforcement officer of the place of residence
of the transferee; and
(IV) within 1 day after the transferee furnishes
the statement, transmitted a copy
of the statement to the chief law enforcement
officer of the place of residence of
the transferee; and
(ii)(I) 5 business days (meaning days on
which State offices are open) have elapsed
from the date the transferor furnished notice
of the contents of the statement to the
chief law enforcement officer, during which
period the transferor has not received information
from the chief law enforcement officer
that receipt or possession of the handgun
by the transferee would be in violation of
Federal, State, or local law; or
(II) the transferor has received notice from
the chief law enforcement officer that the
officer has no information indicating that
receipt or possession of the handgun by the
transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor
a written statement, issued by the chief
law enforcement officer of the place of residence
of the transferee during the 10-day period
ending on the date of the most recent proposal
of such transfer by the transferee, stating
that the transferee requires access to a
handgun because of a threat to the life of the
transferee or of any member of the household
of the transferee;
(C)(i) the transferee has presented to the
transferor a permit that—
(I) allows the transferee to possess or acquire
a handgun; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to
take place; and
(ii) the law of the State provides that such a
permit is to be issued only after an authorized
government official has verified that the information
available to such official does not indicate
that possession of a handgun by the
transferee would be in violation of the law;
(D) the law of the State requires that, before
any licensed importer, licensed manufacturer,
or licensed dealer completes the transfer of a
handgun to an individual who is not licensed
under section 923, an authorized government
official verify that the information available
to such official does not indicate that possession
of a handgun by the transferee would be
in violation of law;
(E) the Attorney General has approved the
transfer under section 5812 of the Internal Revenue
Code of 1986; or
(F) on application of the transferor, the Attorney
General has certified that compliance
with subparagraph (A)(i)(III) is impracticable
because—
(i) the ratio of the number of law enforcement
officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the transferor
at which the transfer is to occur are extremely
remote in relation to the chief law
enforcement officer; and
(iii) there is an absence of telecommunications
facilities in the geographical area in
which the business premises are located.
(2) A chief law enforcement officer to whom a
transferor has provided notice pursuant to paragraph
(1)(A)(i)(III) shall make a reasonable effort
to ascertain within 5 business days whether
receipt or possession would be in violation of the
law, including research in whatever State and
local recordkeeping systems are available and in
a national system designated by the Attorney
General.
(3) The statement referred to in paragraph
(1)(A)(i)(I) shall contain only—
(A) the name, address, and date of birth appearing
on a valid identification document (as
defined in section 1028(d)(1) 4) of the transferee
containing a photograph of the transferee and
a description of the identification used;
(B) a statement that the transferee—
(i) is not under indictment for, and has not
been convicted in any court of, a crime punishable
by imprisonment for a term exceeding
1 year, and has not been convicted in any
court of a misdemeanor crime of domestic
violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in
section 102 of the Controlled Substances
Act);
(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
(v) is not an alien who—
(I) is illegally or unlawfully in the
United States; or
(II) subject to subsection (y)(2), has been
admitted to the United States under a
nonimmigrant visa (as that term is defined
in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the
Armed Forces under dishonorable conditions;
and
(vii) is not a person who, having been a citizen
of the United States, has renounced
such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain
a handgun from the transferor.
(4) Any transferor of a handgun who, after
such transfer, receives a report from a chief law
enforcement officer containing information that
receipt or possession of the handgun by the
transferee violates Federal, State, or local law
shall, within 1 business day after receipt of such
request, communicate any information related
to the transfer that the transferor has about the
transfer and the transferee to—
(A) the chief law enforcement officer of the
place of business of the transferor; and
(B) the chief law enforcement officer of the
place of residence of the transferee.
(5) Any transferor who receives information,
not otherwise available to the public, in a report
under this subsection shall not disclose such information
except to the transferee, to law enforcement
authorities, or pursuant to the direction
of a court of law.
(6)(A) Any transferor who sells, delivers, or
otherwise transfers a handgun to a transferee
shall retain the copy of the statement of the
transferee with respect to the handgun transaction,
and shall retain evidence that the transferor
has complied with subclauses (III) and (IV)
of paragraph (1)(A)(i) with respect to the statement.
(B) Unless the chief law enforcement officer to
whom a statement is transmitted under paragraph
(1)(A)(i)(IV) determines that a transaction
would violate Federal, State, or local law—
(i) the officer shall, within 20 business days
after the date the transferee made the statement
on the basis of which the notice was provided,
destroy the statement, any record containing
information derived from the statement,
and any record created as a result of the
notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement
shall not be conveyed to any person except
a person who has a need to know in order
to carry out this subsection; and
(iii) the information contained in the statement
shall not be used for any purpose other
than to carry out this subsection.
(C) If a chief law enforcement officer determines
that an individual is ineligible to receive
a handgun and the individual requests the officer
to provide the reason for such determination,
the officer shall provide such reasons to
the individual in writing within 20 business days
after receipt of the request.
(7) A chief law enforcement officer or other
person responsible for providing criminal history
background information pursuant to this
subsection shall not be liable in an action at law
for damages—
(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or possession
of the handgun is unlawful under this
section; or
(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess
a handgun.
(8) For purposes of this subsection, the term
‘‘chief law enforcement officer’’ means the chief
of police, the sheriff, or an equivalent officer or
the designee of any such individual.
(9) The Attorney General shall take necessary
actions to ensure that the provisions of this subsection
are published and disseminated to licensed
dealers, law enforcement officials, and
the public.
(t)(1) Beginning on the date that is 30 days
after the Attorney General notifies licensees
under section 103(d) of the Brady Handgun Violence
Prevention Act that the national instant
criminal background check system is established,
a licensed importer, licensed manufacturer,
or licensed dealer shall not transfer a firearm
to any other person who is not licensed
under this chapter, unless—
(A) before the completion of the transfer,
the licensee contacts the national instant
criminal background check system established
under section 103 of that Act;
(B)(i) the system provides the licensee with
a unique identification number; or
(ii) 3 business days (meaning a day on which
State offices are open) have elapsed since the
licensee contacted the system, and the system
has not notified the licensee that the receipt
of a firearm by such other person would violate
subsection (g) or (n) of this section; and
(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d) of
this title) of the transferee containing a photograph
of the transferee.
(2) If receipt of a firearm would not violate
subsection (g) or (n) or State law, the system
shall—
(A) assign a unique identification number to
the transfer;
(B) provide the licensee with the number;
and
(C) destroy all records of the system with respect
to the call (other than the identifying
number and the date the number was assigned)
and all records of the system relating to the
person or the transfer.
(3) Paragraph (1) shall not apply to a firearm
transfer between a licensee and another person
if—
(A)(i) such other person has presented to the
licensee a permit that—
(I) allows such other person to possess or
acquire a firearm; and
(II) was issued not more than 5 years earlier
by the State in which the transfer is to
take place; and
(ii) the law of the State provides that such a
permit is to be issued only after an authorized
government official has verified that the information
available to such official does not indicate
that possession of a firearm by such other
person would be in violation of law;
(B) the Attorney General has approved the
transfer under section 5812 of the Internal Revenue
Code of 1986; or
(C) on application of the transferor, the Attorney
General has certified that compliance
with paragraph (1)(A) is impracticable because—
(i) the ratio of the number of law enforcement
officers of the State in which the
transfer is to occur to the number of square
miles of land area of the State does not exceed
0.0025;
(ii) the business premises of the licensee at
which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8));
and
(iii) there is an absence of telecommunications
facilities in the geographical area in
which the business premises are located.
(4) If the national instant criminal background
check system notifies the licensee that
the information available to the system does
not demonstrate that the receipt of a firearm by
such other person would violate subsection (g)
or (n) or State law, and the licensee transfers a
firearm to such other person, the licensee shall
include in the record of the transfer the unique
identification number provided by the system
with respect to the transfer.
(5) If the licensee knowingly transfers a firearm
to such other person and knowingly fails to
comply with paragraph (1) of this subsection
with respect to the transfer and, at the time
such other person most recently proposed the
transfer, the national instant criminal background
check system was operating and information
was available to the system demonstrating
that receipt of a firearm by such other person
would violate subsection (g) or (n) of this
section or State law, the Attorney General may,
after notice and opportunity for a hearing, suspend
for not more than 6 months or revoke any
license issued to the licensee under section 923,
and may impose on the licensee a civil fine of
not more than $5,000.
(6) Neither a local government nor an employee
of the Federal Government or of any
State or local government, responsible for providing
information to the national instant
criminal background check system shall be liable
in an action at law for damages—
(A) for failure to prevent the sale or transfer
of a firearm to a person whose receipt or possession
of the firearm is unlawful under this
section; or
(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess
a firearm.
(u) It shall be unlawful for a person to steal or
unlawfully take or carry away from the person
or the premises of a person who is licensed to
engage in the business of importing, manufacturing,
or dealing in firearms, any firearm in
the licensee’s business inventory that has been
shipped or transported in interstate or foreign
commerce.
[(v), (w) Repealed. Pub. L. 103–322, title XI,
§ 110105(2), Sept. 13, 1994, 108 Stat. 2000.]
(x)(1) It shall be unlawful for a person to sell,
deliver, or otherwise transfer to a person who
the transferor knows or has reasonable cause to
believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only
in a handgun.
(2) It shall be unlawful for any person who is
a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only
in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or
ammunition to a juvenile or to the possession
or use of a handgun or ammunition by a juvenile
if the handgun and ammunition are possessed
and used by the juvenile—
(i) in the course of employment, in the
course of ranching or farming related to activities
at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of
the property owner or lessee, is performing
activities related to the operation of the
farm or ranch), target practice, hunting, or
a course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohibited
by Federal, State, or local law from
possessing a firearm, except—
(I) during transportation by the juvenile
of an unloaded handgun in a locked container
directly from the place of transfer
to a place at which an activity described
in clause (i) is to take place and transportation
by the juvenile of that handgun, unloaded
and in a locked container, directly
from the place at which such an activity
took place to the transferor; or
(II) with respect to ranching or farming
activities as described in clause (i), a juvenile
may possess and use a handgun or ammunition
with the prior written approval
of the juvenile’s parent or legal guardian
and at the direction of an adult who is not
prohibited by Federal, State or local law
from possessing a firearm;
(iii) the juvenile has the prior written consent
in the juvenile’s possession at all times
when a handgun is in the possession of the
juvenile; and
(iv) in accordance with State and local
law;
(B) a juvenile who is a member of the Armed
Forces of the United States or the National
Guard who possesses or is armed with a handgun
in the line of duty;
(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a
juvenile; or
(D) the possession of a handgun or ammunition
by a juvenile taken in defense of the juvenile
or other persons against an intruder into
the residence of the juvenile or a residence in
which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession
of which is transferred to a juvenile in circumstances
in which the transferor is not in violation
of this subsection shall not be subject to
permanent confiscation by the Government if
its possession by the juvenile subsequently becomes
unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner
when such handgun or ammunition is no longer
required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term
‘‘juvenile’’ means a person who is less than 18
years of age.
(6)(A) In a prosecution of a violation of this
subsection, the court shall require the presence
of a juvenile defendant’s parent or legal guardian
at all proceedings.
(B) The court may use the contempt power to
enforce subparagraph (A).
(C) The court may excuse attendance of a parent
or legal guardian of a juvenile defendant at
a proceeding in a prosecution of a violation of
this subsection for good cause shown.
(y) PROVISIONS RELATING TO ALIENS ADMITTED
UNDER NONIMMIGRANT VISAS.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘alien’’ has the same meaning
as in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)); and
(B) the term ‘‘nonimmigrant visa’’ has the
same meaning as in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)).
(2) EXCEPTIONS.—Subsections (d)(5)(B),
(g)(5)(B), and (s)(3)(B)(v)(II) do not apply to
any alien who has been lawfully admitted to
the United States under a nonimmigrant visa,
if that alien is—
(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession
of a hunting license or permit lawfully
issued in the United States;
(B) an official representative of a foreign
government who is—
(i) accredited to the United States Government
or the Government’s mission to
an international organization having its
headquarters in the United States; or
(ii) en route to or from another country
to which that alien is accredited;
(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
(D) a foreign law enforcement officer of a
friendly foreign government entering the
United States on official law enforcement
business.
(3) WAIVER.—
(A) CONDITIONS FOR WAIVER.—Any individual
who has been admitted to the United
States under a nonimmigrant visa may receive
a waiver from the requirements of subsection
(g)(5), if—
(i) the individual submits to the Attorney
General a petition that meets the requirements
of subparagraph (C); and
(ii) the Attorney General approves the
petition.
(B) PETITION.—Each petition under subparagraph
(B) shall—
(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before
the date on which the petition is submitted
under this paragraph; and
(ii) include a written statement from the
embassy or consulate of the petitioner, authorizing
the petitioner to acquire a firearm
or ammunition and certifying that
the alien would not, absent the application
of subsection (g)(5)(B), otherwise be prohibited
from such acquisition under subsection
(g).
(C) APPROVAL OF PETITION.—The Attorney
General shall approve a petition submitted
in accordance with this paragraph, if the Attorney
General determines that waiving the
requirements of subsection (g)(5)(B) with respect
to the petitioner—
(i) would be in the interests of justice;
and
(ii) would not jeopardize the public safety.
(z) SECURE GUN STORAGE OR SAFETY DEVICE.—
(1) IN GENERAL.—Except as provided under
paragraph (2), it shall be unlawful for any licensed
importer, licensed manufacturer, or licensed
dealer to sell, deliver, or transfer any
handgun to any person other than any person
licensed under this chapter, unless the transferee
is provided with a secure gun storage or
safety device (as defined in section 921(a)(34))
for that handgun.
(2) EXCEPTIONS.—Paragraph (1) shall not
apply to—
(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department
or agency of the United States, a
State, or a department, agency, or political
subdivision of a State, of a handgun; or
(ii) the transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off
duty); or
(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and
certified or commissioned as a police officer
under the laws of a State of a handgun for
purposes of law enforcement (whether on or
off duty);
(C) the transfer to any person of a handgun
listed as a curio or relic by the Secretary
pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun
for which a secure gun storage or safety
device is temporarily unavailable for the
reasons described in the exceptions stated in
section 923(e), if the licensed manufacturer,
licensed importer, or licensed dealer delivers
to the transferee within 10 calendar days
from the date of the delivery of the handgun
to the transferee a secure gun storage or
safety device for the handgun.
(3) LIABILITY FOR USE.—
(A) IN GENERAL.—Notwithstanding any
other provision of law, a person who has lawful
possession and control of a handgun, and
who uses a secure gun storage or safety device
with the handgun, shall be entitled to
immunity from a qualified civil liability action.
(B) PROSPECTIVE ACTIONS.—A qualified
civil liability action may not be brought in
any Federal or State court.
(C) DEFINED TERM.—As used in this paragraph,
the term ‘‘qualified civil liability action’’—
(i) means a civil action brought by any
person against a person described in subparagraph
(A) for damages resulting from
the criminal or unlawful misuse of the
handgun by a third party, if—
(I) the handgun was accessed by another
person who did not have the permission
or authorization of the person
having lawful possession and control of
the handgun to have access to it; and
(II) at the time access was gained by
the person not so authorized, the handgun
had been made inoperable by use of
a secure gun storage or safety device;
and
(ii) shall not include an action brought
against the person having lawful possession
and control of the handgun for negligent
entrustment or negligence per se.

Outcome: Defendant was sentenced to 96 months in prison.

96 months of incarceration to be served concurrently with the undischarged terms of imprisonment in the Iowa District Court for Polk County Docket Numbers: FECR302838, FECR305918 and any other undischarged terms of imprisonment with the state of Iowa. A 3 year term of supervised release to follow. $100 Special Assessment.

Plaintiff's Experts:

Defendant's Experts:

Comments: