House File 2589 H-8397 Amend House File 2589 as follows: 1 1. Page 7, after line 3 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 2589.4621 (1) 89 js/rh 1/ 7 #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 2589.4621 (1) 89 js/rh 2/ 7
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 general assembly finds that the federal excise tax 21 rate on arms and ammunition in effect prior to January 1, 22 2022, which funds programs under the Act of Congress described 23 in section 456A.27, does not have a chilling effect on the 24 purchase or ownership of such arms and ammunition. 25 9. The people of Iowa have vested the general assembly 26 with the authority to regulate the manufacture, possession, 27 exchange, and use of firearms firearm accessories, or 28 ammunition within the borders of this state, subject only to 29 the limits imposed by the second amendment to the Constitution 30 of the United States and the Constitution of the State of Iowa. 31 10. The general assembly of the state of Iowa strongly 32 promotes responsible firearm ownership, including parental 33 supervision of minors in the proper use, storage, and ownership 34 of all firearms; the prompt reporting of stolen firearms; and 35 -3- HF 2589.4621 (1) 89 js/rh 3/ 7
the proper enforcement of all state firearm laws. The general 1 assembly of the state of Iowa hereby condemns any unlawful 2 transfer of firearms and the use of any firearm in any criminal 3 or unlawful activity. 4 Sec. ___. NEW SECTION . 724A.4 Federal infringements on the 5 right to keep and bear arms. 6 Federal infringements on the people’s right to keep and bear 7 arms, as guaranteed by the second amendment to the Constitution 8 of the United States, within the borders of this state include 9 but shall not be limited to the following federal acts, laws, 10 executive orders, administrative orders, court orders, rules, 11 and regulations: 12 1. Any tax, levy, fee, or stamp imposed on firearms, firearm 13 accessories, or ammunition not common to all other goods and 14 services and that might reasonably be expected to create a 15 chilling effect on the purchase or ownership of firearms, 16 firearm accessories, or ammunition by law-abiding citizens. 17 2. Any registering or tracking of firearms, firearm 18 accessories, or ammunition that might reasonably be expected 19 to create a chilling effect on the purchase or ownership of 20 firearms, firearm accessories, or ammunition by law-abiding 21 citizens. 22 3. Any registering or tracking of the owners of firearms, 23 firearm accessories, or ammunition that might reasonably 24 be expected to create a chilling effect on the purchase or 25 ownership of firearms, firearm accessories, or ammunition by 26 law-abiding citizens. 27 4. Any act forbidding the possession, ownership, use, or 28 transfer of firearms, firearm accessories, or ammunition by 29 law-abiding citizens. 30 5. Any act ordering the confiscation of firearms, firearm 31 accessories, or ammunition from law-abiding citizens. 32 Sec. ___. NEW SECTION . 724A.5 Federal infringement void. 33 All federal acts, laws, executive orders, administrative 34 orders, court orders, rules, and regulations, regardless if 35 -4- HF 2589.4621 (1) 89 js/rh 4/ 7
enacted before or after the provisions this chapter, that 1 infringe on the people’s right to keep and bear arms as 2 guaranteed by the second amendment to the Constitution of the 3 United States shall be invalid in this state, shall not be 4 recognized by this state, shall be specifically rejected by 5 this state, and shall have no effect in this state. 6 Sec. ___. NEW SECTION . 724A.6 Protection of right to keep 7 and bear arms. 8 It shall be the duty of the courts and law enforcement 9 agencies of this state to protect the rights of law-abiding 10 citizens to keep and bear arms within the borders of this state 11 and to protect these rights from the infringements described 12 in section 724A.4. 13 Sec. ___. NEW SECTION . 724A.7 Enforcement of infringement 14 of right to keep and bear arms prohibited. 15 No person, including any public officer or employee of this 16 state or any political subdivision of this state, shall have 17 the authority to enforce or attempt to enforce any federal 18 acts, laws, executive orders, administrative orders, court 19 orders, rules, regulations, statutes, or ordinances infringing 20 on the right to keep and bear arms as described in section 21 724A.4. Nothing in this chapter shall be construed to prohibit 22 Iowa officials from accepting aid from federal officials in an 23 effort to enforce Iowa laws. 24 Sec. ___. NEW SECTION . 724A.8 Liability for violation —— 25 actions for violations —— attorney fees. 26 1. a. Any political subdivision or law enforcement agency 27 that employs a law enforcement officer who acts knowingly to 28 violate the provisions of this chapter while acting under color 29 of any state or federal law shall be liable to the injured 30 party in an action at law, suit in equity, or other proper 31 proceeding for redress, and subject to a civil penalty of fifty 32 thousand dollars per violation. 33 b. Any person injured under this subsection shall have 34 standing to pursue an action for injunctive relief in the 35 -5- HF 2589.4621 (1) 89 js/rh 5/ 7
district court of the county in which the action allegedly 1 occurred or in the district court of Polk county. The court 2 shall hold a hearing on the motion for a temporary restraining 3 order or a preliminary injunction within thirty days of service 4 of the petition. 5 2. Any political subdivision or law enforcement agency that 6 knowingly employs an individual acting or who previously acted 7 as an official, agent, employee, or deputy of the government 8 of the United States, or otherwise acted under the color of 9 federal law within the borders of this state, who has knowingly 10 enforced or attempted to enforce any of the infringements 11 identified in section 724A.4, or has knowingly given material 12 aid and support to the efforts of another who enforces or 13 attempts to enforce any of the infringements identified in 14 section 724A.4, shall be subject to a civil penalty of fifty 15 thousand dollars per such employee hired by the political 16 subdivision or law enforcement agency. Any person residing 17 or conducting business in a jurisdiction who believes that an 18 individual has taken action in that jurisdiction that would 19 violate the provisions of this subsection shall have standing 20 to pursue an action for injunctive relief in the district court 21 of the county in which the action allegedly occurred or in 22 the district court of Polk county. The court shall hold a 23 hearing on the motion for a temporary restraining order or a 24 preliminary injunction within thirty days of service of the 25 petition. 26 3. In actions under this section, the court may award 27 the prevailing party, other than the state or any political 28 subdivision of the state, reasonable attorney fees and costs. 29 4. Sovereign immunity shall not be an affirmative defense in 30 any action pursued under this section. 31 Sec. ___. NEW SECTION . 724A.9 When action is not a 32 violation. 33 1. A person does not violate the provisions of this chapter 34 when the person provides material aid to federal officers 35 -6- HF 2589.4621 (1) 89 js/rh 6/ 7
who are in pursuit of a suspect when there is a demonstrable 1 criminal nexus with another state or country and such suspect 2 is either not a citizen of this state or is not present in this 3 state. 4 2. A person does not violate the provisions of this chapter 5 when the person provides material aid to federal prosecutors 6 for felony violations involving controlled substances or 7 violations against another person when such prosecution 8 includes weapons violations substantially similar to the laws 9 of this state so long as such weapons violations are merely 10 ancillary to such prosecution. 11 Sec. ___. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. > 13 2. By renumbering as necessary. 14 ______________________________ SHIPLEY of Van Buren -7- HF 2589.4621 (1) 89 js/rh 7/ 7 #2.