United States of America v. Roman Deon Hellems, Jr.

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.

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.