House
File
861
H-1468
Amend
House
File
861
as
follows:
1
1.
Page
21,
after
line
30
by
inserting:
2
<
DIVISION
___
3
SECOND
AMENDMENT
PRESERVATION
ACT
4
Sec.
___.
NEW
SECTION
.
724A.1
Short
title.
5
This
chapter
may
be
cited
and
referred
to
as
the
“Second
6
Amendment
Preservation
Act”
.
7
Sec.
___.
NEW
SECTION
.
724A.2
Definition.
8
As
used
in
this
chapter,
“law-abiding
citizen”
means
a
person
9
who
is
not
otherwise
precluded
under
state
law
from
possessing
10
a
firearm
and
shall
not
be
construed
to
include
anyone
who
is
11
not
legally
present
in
the
United
States
or
the
state
of
Iowa.
12
Sec.
___.
NEW
SECTION
.
724A.3
Legislative
findings.
13
The
general
assembly
finds
and
declares
the
following:
14
1.
The
general
assembly
is
firmly
resolved
to
support
and
15
defend
the
Constitution
of
the
United
States
against
every
16
aggression,
whether
foreign
or
domestic,
and
is
duty-bound
to
17
oppose
every
infraction
of
those
principles
that
constitute
the
18
basis
of
the
United
States
because
only
a
faithful
observance
19
of
those
principles
can
secure
the
nation’s
existence
and
the
20
public
happiness.
21
2.
Acting
through
the
Constitution
of
the
United
States,
the
22
people
of
the
several
states
created
the
federal
government
to
23
be
their
agent
in
the
exercise
of
a
few
defined
powers,
while
24
reserving
for
the
state
governments
the
power
to
legislate
on
25
matters
concerning
the
lives,
liberties,
and
properties
of
26
citizens
in
the
ordinary
course
of
affairs.
27
3.
The
limitation
of
the
federal
government’s
power
is
28
affirmed
under
the
tenth
amendment
to
the
Constitution
of
the
29
United
States,
which
defines
the
total
scope
of
federal
power
30
as
being
that
which
has
been
delegated
by
the
people
of
the
31
several
states
to
the
federal
government,
and
all
power
not
32
delegated
to
the
federal
government
in
the
Constitution
of
the
33
United
States
is
reserved
to
the
states
respectively
or
to
the
34
people
themselves.
35
-1-
HF
861.2382
(1)
89
as/tm
1/
6
#1.
4.
If
the
federal
government
assumes
powers
that
the
people
1
did
not
grant
it
in
the
Constitution
of
the
United
States,
its
2
acts
are
unauthoritative,
void,
and
of
no
force.
3
5.
The
several
states
of
the
United
States
respect
4
the
proper
role
of
the
federal
government
but
reject
the
5
proposition
that
such
respect
requires
unlimited
submission.
6
If
the
government,
created
by
a
compact
among
the
states,
7
was
the
exclusive
or
final
judge
of
the
extent
of
the
powers
8
granted
to
it
by
the
states
through
the
Constitution
of
the
9
United
States,
the
federal
government’s
discretion,
and
not
10
the
Constitution
of
the
United
States,
would
necessarily
11
become
the
measure
of
those
powers.
To
the
contrary,
as
in
12
all
other
cases
of
compacts
among
powers
having
no
common
13
judge,
each
party
has
an
equal
right
to
judge
for
itself
as
to
14
whether
infractions
of
the
compact
have
occurred,
as
well
as
15
to
determine
the
mode
and
measure
of
redress.
Although
the
16
several
states
have
granted
supremacy
to
laws
and
treaties
made
17
under
the
powers
granted
in
the
Constitution
of
the
United
18
States,
such
supremacy
does
not
extend
to
various
federal
19
statutes,
executive
orders,
administrative
orders,
court
20
orders,
rules,
regulations,
or
other
actions
that
collect
data
21
or
restrict
or
prohibit
the
manufacture,
ownership,
and
use
22
of
firearms,
firearm
accessories,
or
ammunition
exclusively
23
within
the
borders
of
Iowa.
Such
statutes,
executive
orders,
24
administrative
orders,
court
orders,
rules,
regulations,
25
and
other
actions
exceed
the
powers
granted
to
the
federal
26
government
except
to
the
extent
they
are
necessary
and
proper
27
for
governing
and
regulating
the
United
States
armed
forces
28
or
for
organizing,
arming,
and
disciplining
militia
forces
29
actively
employed
in
the
service
of
the
United
States
armed
30
forces.
31
6.
The
people
of
the
several
states
have
given
the
United
32
States
Congress
the
power
“to
regulate
commerce
with
foreign
33
nations,
and
among
the
several
states”,
but
“regulating
34
commerce”
does
not
include
the
power
to
limit
citizens’
right
35
-2-
HF
861.2382
(1)
89
as/tm
2/
6
to
keep
and
bear
arms
in
defense
of
their
families,
neighbors,
1
persons,
or
property,
or
to
dictate
what
sort
of
arms
and
2
accessories
law-abiding
Iowans
may
buy,
sell,
exchange,
or
3
otherwise
possess
within
the
borders
of
this
state.
4
7.
The
people
of
the
several
states
have
also
granted
the
5
United
States
Congress
the
power
“to
lay
and
collect
taxes,
6
duties,
imposts
and
excises,
to
pay
the
debts
and
provide
for
7
the
common
defense
and
general
welfare
of
the
United
States”
8
and
“to
make
all
laws
which
shall
be
necessary
and
proper
for
9
carrying
into
execution”
the
powers
vested
by
the
Constitution
10
of
the
United
States
“in
the
government
of
the
United
States,
11
or
in
any
department
or
officer
thereof”.
These
constitutional
12
provisions
merely
identify
the
means
by
which
the
federal
13
government
may
execute
its
limited
powers
and
shall
not
be
14
construed
to
grant
unlimited
power
because
to
do
so
would
be
15
to
destroy
the
carefully
constructed
equilibrium
between
the
16
federal
and
state
governments.
Consequently,
the
general
17
assembly
rejects
any
claim
that
the
taxing
and
spending
powers
18
of
the
United
States
Congress
may
be
used
to
diminish
in
any
19
way
the
right
of
the
people
to
keep
and
bear
arms.
20
8.
The
people
of
Iowa
have
vested
the
general
assembly
21
with
the
authority
to
regulate
the
manufacture,
possession,
22
exchange,
and
use
of
firearms
firearm
accessories,
or
23
ammunition
within
the
borders
of
this
state,
subject
only
to
24
the
limits
imposed
by
the
second
amendment
to
the
Constitution
25
of
the
United
States
and
the
Constitution
of
the
State
of
Iowa.
26
9.
The
general
assembly
of
the
state
of
Iowa
strongly
27
promotes
responsible
firearm
ownership,
including
parental
28
supervision
of
minors
in
the
proper
use,
storage,
and
ownership
29
of
all
firearms;
the
prompt
reporting
of
stolen
firearms;
and
30
the
proper
enforcement
of
all
state
firearm
laws.
The
general
31
assembly
of
the
state
of
Iowa
hereby
condemns
any
unlawful
32
transfer
of
firearms
and
the
use
of
any
firearm
in
any
criminal
33
or
unlawful
activity.
34
Sec.
___.
NEW
SECTION
.
724A.4
Federal
infringements
on
the
35
-3-
HF
861.2382
(1)
89
as/tm
3/
6
right
to
keep
and
bear
arms.
1
Federal
infringements
on
the
people’s
right
to
keep
and
bear
2
arms,
as
guaranteed
by
the
second
amendment
to
the
Constitution
3
of
the
United
States,
within
the
borders
of
this
state
include
4
but
shall
not
be
limited
to
the
following
federal
acts,
laws,
5
executive
orders,
administrative
orders,
court
orders,
rules,
6
and
regulations:
7
1.
Any
tax,
levy,
fee,
or
stamp
imposed
on
firearms,
firearm
8
accessories,
or
ammunition
not
common
to
all
other
goods
and
9
services
and
that
might
reasonably
be
expected
to
create
a
10
chilling
effect
on
the
purchase
or
ownership
of
firearms,
11
firearm
accessories,
or
ammunition
by
law-abiding
citizens.
12
2.
Any
registering
or
tracking
of
firearms,
firearm
13
accessories,
or
ammunition
that
might
reasonably
be
expected
14
to
create
a
chilling
effect
on
the
purchase
or
ownership
of
15
firearms,
firearm
accessories,
or
ammunition
by
law-abiding
16
citizens.
17
3.
Any
registering
or
tracking
of
the
owners
of
firearms,
18
firearm
accessories,
or
ammunition
that
might
reasonably
19
be
expected
to
create
a
chilling
effect
on
the
purchase
or
20
ownership
of
firearms,
firearm
accessories,
or
ammunition
by
21
law-abiding
citizens.
22
4.
Any
act
forbidding
the
possession,
ownership,
use,
or
23
transfer
of
firearms,
firearm
accessories,
or
ammunition
by
24
law-abiding
citizens.
25
5.
Any
act
ordering
the
confiscation
of
firearms,
firearm
26
accessories,
or
ammunition
from
law-abiding
citizens.
27
Sec.
___.
NEW
SECTION
.
724A.5
Federal
infringement
void.
28
All
federal
acts,
laws,
executive
orders,
administrative
29
orders,
court
orders,
rules,
and
regulations,
regardless
if
30
enacted
before
or
after
the
provisions
this
chapter,
that
31
infringe
on
the
people’s
right
to
keep
and
bear
arms
as
32
guaranteed
by
the
second
amendment
to
the
Constitution
of
the
33
United
States
shall
be
invalid
in
this
state,
shall
not
be
34
recognized
by
this
state,
shall
be
specifically
rejected
by
35
-4-
HF
861.2382
(1)
89
as/tm
4/
6
this
state,
and
shall
have
no
effect
in
this
state.
1
Sec.
___.
NEW
SECTION
.
724A.6
Protection
of
right
to
keep
2
and
bear
arms.
3
It
shall
be
the
duty
of
the
courts
and
law
enforcement
4
agencies
of
this
state
to
protect
the
rights
of
law-abiding
5
citizens
to
keep
and
bear
arms
within
the
borders
of
this
state
6
and
to
protect
these
rights
from
the
infringements
described
7
in
section
724A.4.
8
Sec.
___.
NEW
SECTION
.
724A.7
Enforcement
of
infringement
9
of
right
to
keep
and
bear
arms
prohibited.
10
No
person,
including
any
public
officer
or
employee
of
this
11
state
or
any
political
subdivision
of
this
state,
shall
have
12
the
authority
to
enforce
or
attempt
to
enforce
any
federal
13
acts,
laws,
executive
orders,
administrative
orders,
court
14
orders,
rules,
regulations,
statutes,
or
ordinances
infringing
15
on
the
right
to
keep
and
bear
arms
as
described
in
section
16
724A.4.
17
Sec.
___.
NEW
SECTION
.
724A.8
Liability
for
violation
——
18
attorney
fees.
19
1.
Any
entity
that
acts
knowingly
to
violate
the
provisions
20
of
this
chapter
while
acting
under
color
of
any
state
or
21
federal
law,
including
any
political
subdivision
or
law
22
enforcement
agency
that
employs
a
law
enforcement
officer
who
23
acts
knowingly
to
violate
the
provisions
of
this
chapter
while
24
acting
under
color
of
any
state
or
federal
law,
shall
be
liable
25
to
the
injured
party
in
an
action
at
law,
suit
in
equity,
or
26
other
proper
proceeding
for
redress.
27
2.
In
such
actions,
the
court
may
award
the
prevailing
28
party,
other
than
the
state
or
any
political
subdivision
of
the
29
state,
reasonable
attorney
fees
and
costs.
30
3.
Sovereign,
official,
or
qualified
immunity
shall
not
be
31
an
affirmative
defense
in
actions
pursued
under
this
section.
32
Sec.
___.
NEW
SECTION
.
724A.9
Actions
for
violations.
33
1.
Any
person
residing
or
conducting
business
in
a
34
jurisdiction
who
believes
that
a
law
enforcement
officer
or
35
-5-
HF
861.2382
(1)
89
as/tm
5/
6
supervisor
of
law
enforcement
officers
of
such
jurisdiction
has
1
taken
action
that
violates
this
chapter
shall
have
standing
2
to
pursue
an
action
against
the
jurisdiction
that
employs
the
3
officer
or
supervisor
for
declaratory
judgment
in
the
district
4
court
of
the
county
in
which
the
action
allegedly
occurred,
or
5
in
the
district
court
of
Polk
county.
6
2.
If
a
court
determines
that
a
law
enforcement
officer
or
7
supervisor
of
law
enforcement
officers
has
taken
any
action
8
that
violates
this
chapter,
the
jurisdiction
that
employs
9
the
law
enforcement
officer
or
supervisor
of
law
enforcement
10
officers
found
to
have
violated
this
chapter
shall
be
required
11
to
pay
court
costs,
attorney
fees,
and
any
other
damages
the
12
court
finds
necessary
associated
with
the
declaratory
judgment
13
action
that
resulted
in
the
finding
of
ineligibility.
14
3.
Nothing
in
this
section
shall
preclude
a
person’s
right
15
of
appeal
or
remediation.
>
16
2.
Title
page,
line
1,
after
<
system
>
by
inserting
<
,
and
17
creating
the
second
amendment
preservation
Act
>
18
3.
By
renumbering
as
necessary.
19
______________________________
SHIPLEY
of
Van
Buren
-6-
HF
861.2382
(1)
89
as/tm
6/
6
#2.
#3.