SF 254 (LSB 1625SS (2) 85)

SENATE FILE 254

BY  SORENSON, BERTRAND, GUTH, and ERNST

(COMPANION TO 1625HH BY SHAW)

A BILL FOR

An Act relating to firearms including the ownership and manufacture of firearms, firearm accessories, and ammunition, providing for a penalty, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.2, subsection 6, Code 2013, is amended to read as follows:
   6.  Any person, firm, or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention, or manufacture of firearms, firearm accessories, or ammunition.
    Sec. 2.  NEW SECTION.  724.28A  Preemption —— ownership and manufacture of firearms, firearm accessories, and ammunition.
   1.  A public servant in this state or a firearm dealer who sells a firearm in this state shall not enforce or attempt to enforce any federal order, law, or regulation relating to firearms, firearm accessories, or ammunition owned or manufactured commercially or privately in this state and that remains exclusively within this state.
   2.  An official, agent, or employee of the federal government who enforces or attempts to enforce any federal order, law, or regulation relating to firearms, firearm accessories, or ammunition owned or manufactured commercially or privately in this state and that remains exclusively within this state is guilty of a class “D” felony. 
   3.  The attorney general may defend a citizen of this state who is prosecuted by the United States government for a violation of any federal law relating to the manufacture, sale, transfer, or possession of a firearm, firearm accessory, or ammunition owned or manufactured commercially or privately in this state and that remains exclusively within this state.
   4.  Any federal order, law, or regulation created on or after the effective date of this Act shall be unenforceable in this state if the federal order, law, or regulation attempts to do any of the following: 
   a.  Prohibit or restrict ownership of a semiautomatic firearm or any magazine of a firearm.
   b.  Require any firearm, magazine, or other firearm accessory to be registered in any manner. 
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  APPLICABILITY.  This Act applies to firearms, firearm accessories, and ammunition owned or manufactured commercially or privately in this state that remains exclusively within this state on or after the effective date of this Act.
EXPLANATION
   This bill relates to firearms, including the ownership or manufacture of firearms, firearm accessories, and ammunition, provides a penalty, and includes effective date and applicability provisions.
   The bill provides that a public servant in this state or a firearm dealer who sells any firearm in this state shall not enforce or attempt to enforce any federal order, law, or regulation relating to firearms, firearm accessories, or ammunition owned or manufactured commercially or privately in this state and that remain exclusively within this state. 
   The bill provides that an official, agent, or employee of the federal government who enforces or attempts to enforce any federal order, law, or regulation relating to firearms, firearm accessories, or ammunition owned or manufactured commercially or privately in this state and that remain exclusively within this state is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill allows the attorney general to defend a citizen of this state who is prosecuted by the United States government for a violation of any federal law relating to the manufacture, sale, transfer, or possession of a firearm, firearm accessory, or ammunition owned or manufactured commercially or privately in this state and that remains exclusively within this state.
   The bill provides that any federal order, law, or regulation created on or after the effective date of the bill shall be unenforceable within this state if the order, law, or regulation attempts to prohibit or restrict ownership of a semiautomatic firearm or any magazine of a firearm or that requires any firearm, magazine, or other firearm accessory to be registered in any manner. 
   The bill makes a conforming change to Code section 724.2 to authorize any person, firm, or corporation lawfully engaged in the improvement, invention, or manufacture of firearms, firearm accessories, or ammunition to lawfully possess such items.
   The bill provides for an effective date upon enactment and applies to firearms, firearm accessories, and ammunition manufactured and retained in Iowa on or after the effective date.