SSB 3138 (LSB 5735XC (1) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to firearms and weapons, including the storage, carrying, possession, or transportation of weapons and the establishment, use, and maintenance of shooting ranges.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  335.26  Shooting ranges.
   In approving the improvement of property acquired to establish, use, and maintain a new shooting range or in approving a substantial change to an existing shooting range pursuant to section 657.9, subsection 1, the county zoning commission, or if there is not a county zoning commission, the county board of supervisors, shall not require a person seeking approval to comply with any conditions relating to the establishment, use, or maintenance of the shooting range that are more stringent than those imposed by state law.
    Sec. 2.  NEW SECTION.  414.26  Shooting ranges.
   In approving the improvement of property acquired to establish, use, and maintain a new shooting range or in approving a substantial change to an existing shooting range pursuant to section 657.9, subsection 1, the city zoning commission, or if there is not a city zoning commission, the city council, shall not require a person seeking approval to comply with any conditions relating to the establishment, use, or maintenance of the shooting range that are more stringent than those imposed by state law.
    Sec. 3.  Section 724.28, subsections 2 and 3, Code 2020, are amended to read as follows:
   2.  A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, transfer, or transportation, or modification is otherwise lawful under the laws of this state. An ordinance regulating firearms, firearms attachments, or other weapons in violation of this section existing on or after April 5, 1990, is void.
   3.  If a political subdivision of the state, prior to, on, or after July 1, 2017 2020, adopts, makes, enacts, or amends any ordinance, measure, enactment, rule, resolution, motion, or policy regulating the ownership, possession, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, transfer, transportation, modification, registration, or license licensing of firearms, firearms attachments, or other weapons is otherwise lawful under the laws of this state, a person adversely affected by the ordinance, measure, enactment, rule, resolution, motion, or policy may file suit in the appropriate court for declaratory and injunctive relief for damages and all damages attributable to the violation. A court shall also award the prevailing party in any such lawsuit reasonable attorney fees and court costs.
    Sec. 4.  Section 724.28, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  A political subdivision of the state may restrict the carrying, possession, or transportation of firearms or other dangerous weapons in the buildings or physical structures located on property under the political subdivision’s control if adequate arrangements are made by the political subdivision to screen persons for firearms or other dangerous weapons and the political subdivision provides armed security personnel inside the building or physical structure where the restriction is to be in effect.
   NEW SUBSECTION.  5.  A political subdivision of the state shall not enact an ordinance, motion, resolution, or amendment regulating the storage of weapons or ammunition. An ordinance, motion, resolution, or amendment regulating the storage of weapons or ammunition existing on or after July 1, 2020, is void. This subsection shall not be construed to preclude a political subdivision from regulating the storage of explosive materials consistent with chapter 101A.
    Sec. 5.  NEW SECTION.  724.32  County courthouse —— weapon prohibitions.
   A supreme court or judicial branch order that prohibits a person from lawfully carrying, possessing, or transporting a weapon in a county courthouse or other joint-use public facility shall be unenforceable unless the judicial order applies only to a courtroom or a court office, or to a courthouse used only for judicial branch functions.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the carrying, possession, or transportation of weapons in buildings or physical structures located on property under the control of a political subdivision and in county courthouses, and the regulation by counties and cities relating to the storage of weapons and shooting ranges. 
   Current law requires a person to obtain the approval of the appropriate county or city zoning commission, or if the county or city does not have a zoning commission, the county board of supervisors or the city council, before improving property acquired to establish, use, and maintain a shooting range or before substantially changing the existing use of a shooting range. The bill prohibits the appropriate commission, the county board of supervisors, or the city council from requiring the person seeking approval to comply with any conditions on the establishment, use, or maintenance of a shooting range that are more stringent than those imposed by state law.
   Current law provides that a political subdivision shall not enact, adopt, make, or amend any ordinance, measure, enactment, rule, resolution, motion, or policy that regulates the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, transportation, registration, or license is otherwise lawful, and that a person adversely affected by such an ordinance, measure, enactment, rule, resolution, motion, or policy may file suit in the appropriate court for declaratory and injunctive relief for damages. The bill extends this prohibition to modifications and further provides that the prohibition applies to firearm attachments and other weapons. The bill provides that a person adversely affected may also file a lawsuit for damages attributable to the violation. The bill provides that a court shall also award the prevailing party reasonable attorney fees and court costs.
   The bill provides that political subdivisions may restrict the carrying, possession, or transportation of firearms or other dangerous weapons in the buildings or physical structures located on property under the political subdivision’s control if arrangements are made to screen persons entering into the building or physical structure and the political subdivision provides armed security personnel inside the building or physical structure.
   The bill prohibits a political subdivision from enacting an ordinance, motion, resolution, or amendment regulating the storage of weapons or ammunition and any such ordinance, motion, resolution, or amendment existing on or after July 1, 2020, is void. However, the bill does not preclude a political subdivision from regulating the storage of explosive materials consistent with Code chapter 101A.
   The bill provides that a supreme court or judicial branch order that prohibits a person from carrying, possessing, or transporting a weapon in a county courthouse or other joint-use public facility shall be unenforceable unless the judicial order applies only to a courtroom or a court office, or to a courthouse used only for judicial branch functions.