H-1468

   Amend House File 861 as follows:
   1.  Page 21, after line 30 by inserting: 
<DIVISION ___
SECOND AMENDMENT PRESERVATION ACT

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

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SHIPLEY of Van Buren