House
File
45
-
Introduced
HOUSE
FILE
45
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
regulation
of
firearms
and
ammunition
in
1
a
state
of
public
emergency
and
providing
a
remedy.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
29C.3,
subsection
4,
paragraph
e,
Code
1
2015,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
29C.6,
subsection
16,
Code
2015,
is
amended
3
to
read
as
follows:
4
16.
Suspend
or
limit
the
sale,
dispensing,
or
5
transportation
of
alcoholic
beverages,
firearms,
explosives,
6
and
combustibles.
7
Sec.
3.
NEW
SECTION
.
29C.23
Firearms
and
ammunition
——
8
limitations
——
exceptions
——
remedies.
9
1.
This
chapter
shall
not
be
construed
to
authorize
the
10
governor
or
any
other
official
of
this
state
or
any
of
its
11
political
subdivisions
or
any
agent
or
person
acting
at
the
12
direction
of
the
governor
or
any
such
official
to
do
any
of
the
13
following:
14
a.
Prohibit,
regulate,
or
curtail
the
otherwise
lawful
15
possession,
carrying,
transportation,
transfer,
or
defensive
16
use
of
firearms
or
ammunition.
17
b.
Suspend
or
revoke,
except
in
accordance
with
section
18
724.13,
a
permit
issued
pursuant
to
section
724.6,
724.7,
or
19
724.15.
20
c.
Seize
or
confiscate
firearms
and
ammunition
possessed
in
21
accordance
with
the
laws
of
this
state.
22
2.
This
section
shall
not
prohibit
any
of
the
following:
23
a.
The
temporary
closure
or
limitations
on
the
operating
24
hours
of
businesses
that
sell
firearms
or
ammunition
if
the
25
same
operating
restrictions
apply
to
all
businesses
in
the
26
affected
area.
27
b.
Regulations
pertaining
to
firearms
and
ammunition
used
28
or
carried
for
official
purposes
by
law
enforcement
officers
29
or
persons
acting
under
the
authority
of
emergency
management
30
agencies
or
officials.
31
3.
a.
A
person
aggrieved
by
a
violation
of
this
section
32
may
seek
relief
in
an
action
at
law
or
in
equity
or
in
any
33
other
proper
proceeding
for
actual
damages,
injunctive
relief,
34
or
other
appropriate
redress
against
a
person
who
commits
or
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causes
the
commission
of
such
violation.
1
b.
In
addition
to
any
other
remedy
available
at
law
or
in
2
equity,
a
person
aggrieved
by
the
seizure
or
confiscation
of
3
a
firearm
or
ammunition
in
violation
of
this
section
may
make
4
application
for
its
return
in
the
office
of
the
clerk
of
court
5
for
the
county
in
which
the
property
was
seized
pursuant
to
6
section
809.3.
7
c.
In
an
action
or
proceeding
to
enforce
this
section,
the
8
court
shall
award
the
prevailing
plaintiff
reasonable
court
9
costs
and
attorney
fees.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
regulation
of
firearms
and
14
ammunition
in
a
state
of
public
emergency.
15
The
bill
provides
that
Code
chapter
29C,
relating
to
a
16
public
disorder
or
disaster
emergency
proclamation
by
the
17
governor,
shall
not
be
construed
to
authorize
the
governor
18
or
any
other
official
of
this
state
or
any
of
its
political
19
subdivisions
acting
at
the
direction
of
the
governor
or
other
20
official
to
prohibit,
regulate,
or
curtail
the
otherwise
lawful
21
possession,
carrying,
transportation,
transfer,
or
defensive
22
use
of
firearms
or
ammunition,
to
suspend
or
revoke,
except
23
in
as
otherwise
authorized,
a
permit
to
carry
weapons
issued
24
pursuant
to
Code
section
724.6
or
724.7
or
a
permit
to
acquire
25
pistols
or
revolvers
issued
pursuant
to
Code
section
724.15,
26
or
to
seize
or
confiscate
firearms
or
ammunition
possessed
in
27
accordance
with
state
law.
28
The
bill
does
not
prohibit
the
temporary
closure
or
29
limitations
on
the
operating
hours
of
businesses
that
sell
30
firearms
or
ammunition
if
the
same
operating
restrictions
31
apply
to
all
businesses
in
the
affected
area
or
regulations
32
pertaining
to
firearms
used
or
carried
for
official
purposes
by
33
law
enforcement
officers
or
persons
acting
under
the
authority
34
of
emergency
management
agencies
or
officials.
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The
bill
allows
a
person
aggrieved
by
a
violation
under
1
the
bill
to
seek
relief
in
an
action
at
law
or
in
equity
or
2
in
any
other
proper
proceeding
for
actual
damages,
injunctive
3
relief,
or
other
appropriate
redress,
including
court
costs
4
and
attorney
fees,
against
a
person
who
commits
or
causes
5
the
commission
of
such
violation.
In
addition
to
any
other
6
remedy
available
at
law
or
in
equity,
a
person
aggrieved
by
7
the
seizure
or
confiscation
of
a
firearm
or
ammunition
in
8
violation
of
the
bill
may
file
an
application
for
its
return
9
in
the
office
of
the
clerk
of
court
for
the
county
in
which
the
10
property
was
seized
pursuant
to
Code
section
809.3.
11
The
bill
makes
conforming
changes
to
Code
sections
29C.3
and
12
29C.6
relating
to
the
governor’s
authority
under
current
law
to
13
prohibit
the
possession
of
firearms
or
any
other
deadly
weapon
14
by
a
person
other
than
at
that
person’s
place
of
residence
15
or
business
and
to
suspend
or
limit
the
sale,
dispensing,
or
16
transportation
of
firearms.
17
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