HF 59 (LSB 1394YH (4) 86)

HOUSE FILE 59

BY  WINDSCHITL

A BILL FOR

An Act relating to state preemption of firearms, firearm accessories, and ammunition regulation by political subdivisions, and including penalties and remedies and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.28, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   724.28  State preemption —— prohibition of firearms, firearm accessories, and ammunition regulation by political subdivisions.
   1.  The purpose of this section is to establish complete state control over firearms, firearm accessories, and ammunition regulation and policy in order to ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state’s jurisdiction and to ensure protection of the right to keep and bear arms recognized by the Constitution of the United States. This section is to be liberally construed to effectuate its purpose.
   2.  As used in this section:
   a.  “Ammunition” means fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzleloading firearms, and any propellant used in firearms or in firearms ammunition.
   b.  “Firearm” means a pistol, revolver, rifle, shotgun, machine gun, submachine gun, or black powder weapon which is designed to, capable of, or may be readily converted to expel a projectile by the action of an explosive.
   c.  “Firearm accessory” means a device specifically adapted to enable the wearing or carrying about one’s person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically adapted to be inserted into or affixed onto a firearm to enable, alter, or improve the functioning or capabilities of the firearm.
   d.  “Person adversely affected” means a person who meets all of the following criteria:
   (1)  Lawfully resides within the United States.
   (2)  Can legally possess a firearm under the laws of this state. 
   (3)  Either of the following:
   (a)  Would be subject to the ordinance, measure, enactment, rule, resolution, motion, or policy at issue if the person were present within the jurisdictional boundaries of the enacting political subdivision, regardless of whether such person works or resides in such political subdivision.
   (b)  Is a membership organization that includes as a member a person described in subparagraphs (1) and (2) and subparagraph division (a) of this subparagraph and that is dedicated in whole or in part to protecting the rights of those persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
   e.  “Political subdivision” means a county, city, township, school district, or any other subunit of this state.
   3.  Except as otherwise provided in this section, the regulation of all of the following is hereby declared to be the exclusive domain of the state:
   a.  Firearms, firearm accessories, and ammunition.
   b.  The ownership, possession, use, discharge, carrying, transportation, registration, transfer, and storage of firearms, firearm accessories, and ammunition.
   c.  Commerce in and taxation of firearms, firearm accessories, and ammunition.
   d.  Any other matter pertaining to firearms, firearm accessories, and ammunition.
   4.  An ordinance, measure, enactment, rule, resolution, motion, or policy adopted by a political subdivision, or an official action taken by an employee or agent of a political subdivision, including through any legislative, police power, or proprietary capacity, in violation of this section is void.
   5.  This section shall not be construed to prevent any of the following:
   a.  A duly organized law enforcement agency of a political subdivision from adopting and enforcing rules pertaining to firearms, firearm accessories, or ammunition issued to or used by peace officers in the course of their official duties.
   b.  An employer from regulating or prohibiting an employee from carrying or possessing firearms, firearm accessories, or ammunition during and in the course of the employee’s official duties.
   c.  A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within the court’s or judge’s jurisdiction.
   d.  The enactment or enforcement of a generally applicable zoning or business ordinance that includes firearms businesses along with other businesses, provided that an ordinance designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, firearm accessories, or ammunition otherwise lawful under the laws of this state, which is in conflict with this section, is void.
   e.  A political subdivision from adopting or enforcing rules of operation and use for any shooting range owned or operated by the political subdivision.
   f.  A political subdivision that sponsors or conducts any firearm-related competition or educational or cultural program from adopting rules for participation in or attendance at such a program.
   6.  A political subdivision or employee or agent of a political subdivision that violates the state’s exclusive domain of regulation of firearms, firearm accessories, and ammunition, as declared in this section, by adopting or enforcing an ordinance, measure, enactment, rule, resolution, motion, or policy impacting such occupation of the field shall be liable as provided in this section.
   a.  If a political subdivision violates this section, the court shall declare the ordinance, measure, enactment, rule, resolution, motion, or policy void and issue a permanent injunction against the political subdivision prohibiting enforcement of such ordinance, measure, enactment, rule, resolution, motion, or policy. It is not a defense that the political subdivision was acting in good faith or upon the advice of counsel.
   b.  If the court determines that a violation of this section was knowing and willful, the court shall assess a civil penalty of up to five thousand dollars against the elected or appointed local government official or employee or agent of an administrative agency under whose jurisdiction the violation occurred.
   c.  Except as required by applicable law, public funds shall not be used to defend or reimburse a person found to have knowingly and willfully violated this section.
   d.  A knowing and willful violation of a provision of this section by a person acting in an official capacity for any entity adopting or enforcing an ordinance, measure, enactment, rule, resolution, motion, or policy prohibited under this subtion shall be cause for termination or removal pursuant to chapter 66.
   7.  A person adversely affected by an ordinance, measure, enactment, rule, resolution, motion, or policy adopted or enforced in violation of this section may file suit in the appropriate court for declarative and injunctive relief and for damages. A court shall award the prevailing plaintiff in any such suit all of the following:
   a.  Reasonable attorney fees and costs.
   b.  The greater of actual damages or liquidated damages equal to the amount of three times the attorney fees awarded in paragraph “a”. 
    Sec. 2.  APPLICABILITY.  This Act applies to any ordinance, measure, enactment, rule, resolution, motion, or policy adopted by a political subdivision of this state or to official actions taken by an employee or agent of such political subdivision, on or after the effective date of this Act. However, the penalties and remedies prescribed under section 1, subsection 6, of this Act shall first be imposed ninety days after the effective date of this Act to provide political subdivisions an opportunity to comply with the provisions of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current Code section 724.28 prohibits a political subdivision of the state from enacting an ordinance restricting the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under state law.
   This bill strikes and rewrites this Code section to provide that the regulation of firearms, firearm accessories, and ammunition is declared to be the exclusive domain of the state. The bill provides that an ordinance, measure, enactment, rule, resolution, motion, or policy of a political subdivision of this state, or an official action of an employee or agent of such political subdivision, including through any legislative, police power, or proprietary capacity, in violation of the bill is void.
   The bill shall not be construed to prevent a law enforcement agency of a political subdivision from adopting and enforcing rules pertaining to firearms, firearm accessories, or ammunition issued to or used by peace officers in the course of their official duties; an employer from regulating or prohibiting an employee from carrying or possessing firearms, firearm accessories, or ammunition during and in the course of the employee’s official duties; a court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within the court’s or the judge’s jurisdiction; enacting or enforcing a generally applicable zoning or business ordinance that includes firearms businesses along with other businesses, provided that an ordinance which is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, or display of firearms, firearm accessories, or ammunition otherwise lawful under the laws of this state, which is in conflict with the bill, is void; a political subdivision from adopting or enforcing rules of operation and use for a shooting range owned or operated by the political subdivision; and a political subdivision that sponsors or conducts any firearm-related competition or educational or cultural program from adopting rules of attendance for such a program.
   The bill provides that if a political subdivision violates the bill, the court shall declare the ordinance, measure, enactment, rule, resolution, motion, or policy void and issue a permanent injunction against the political subdivision prohibiting enforcement of such ordinance, measure, enactment, rule, resolution, motion, or policy. It is not a defense that the political subdivision was acting in good faith or upon the advice of counsel. The court shall assess a civil penalty of up to $5,000 against the elected or appointed local government official or employee or agent of an administrative agency under whose jurisdiction the violation occurred if a violation was knowing and willful. In addition, knowing and willful violations by a person acting in an official capacity shall be cause for termination or removal.
   The bill provides that a person adversely affected by an ordinance, measure, enactment, rule, resolution, motion, or policy adopted or enforced in violation of the bill may file suit in the appropriate court for declarative and injunctive relief and for damages and may, if successful, be awarded reasonable attorney fees and costs and the greater of actual damages or liquidated damages equal to the amount of three times the attorney fees awarded.
   The bill applies to any ordinance, measure, enactment, rule, resolution, motion, or policy adopted by a political subdivision of this state or to official actions taken by any employee or agent of such political subdivision, on or after the effective date of the bill. The penalties and remedies of the bill shall first be imposed 90 days after the effective date of the bill.