State no-Contact order leads to conviction for gun possession
Contact: Peter Deegan
A Springville man who was subject to an Iowa no-contact order issued after he was charged with kicking his wife in the ribs pled guilty today in federal court in Cedar Rapids to illegally having 14 firearms.
Robert Bena, age 46, from Springville, Iowa, was convicted of one count of possession of firearms by a person subject to a domestic abuse no-contact order.
Bena admitted a no-contact court order in a domestic abuse case in Linn County, Iowa, was issued against him on November 15, 2009. The order restrained him from harassing, stalking, or threatening his wife. As part of the order, Bena was to turn all his firearms over to the Cedar Rapids Police Department or Linn County Sheriff’s Office. This order was issued after Bena was charged with assaulting his wife by kicking her in the ribs on November 14, 2009.
In January 2010, information was received about possible threats Bena was making about shooting his wife and himself. A check with the Cedar Rapids Police Department and Linn County Sheriff’s Office showed Bena had not turned in his guns as ordered. Bena was arrested on January 27, 2010, on two state warrants, and a consent search of his Springville, Iowa, home resulted in the recovery on 14 firearms, another gun, and ammunition.
Under federal law, it is illegal for a person subject to a domestic abuse no-contact order to possess guns or ammunition. There is no such prohibition under Iowa law.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Bena remains free on conditions he reside in a halfway house, receive substance abuse treatment, and have no contact with his wife. Bena faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, a $100 special assessment, and 3 years of supervised release following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Bob Teig as part of Project Safe Neighborhoods, a cooperative local, state, and federal program aimed at the enhanced prosecution of gun crimes. The case was investigated by the Linn County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 10-07.
