Senate File 2263 H-8290 Amend Senate File 2263, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 2, after line 18 by inserting: 3 < DIVISION ___ 4 SEIZURE OF FIREARMS 5 Sec. ___. NEW SECTION . 724.33 Anti-red flag gun seizure. 6 1. This section may be cited and referred to as the 7 “Anti-Red Flag Gun Seizure Act” . 8 2. For purposes of this section: 9 a. “Law-abiding citizen” means a person that is not 10 otherwise precluded under state law from possessing a firearm. 11 b. “Red flag law” means any of the following: 12 (1) A firearm control law, order, or measure that directs 13 the temporary or permanent seizure of any firearm, firearm 14 accessory, or ammunition of an individual. 15 (2) A federal statute, federal rule, federal executive 16 order, or federal judicial order or finding, or any state 17 statute, state rule, state executive order, or state judicial 18 order or finding, that does any of the following: 19 (a) Prohibits a resident from owning, possessing, 20 transporting, transferring, or receiving any firearm, firearm 21 accessory, or ammunition without the conviction of a violent 22 felony crime or other disqualification under section 724.8B. 23 (b) Orders the removal or requires the surrender of any 24 firearm, firearm accessory, or ammunition from a resident 25 except persons lawfully in custody or persons who have been 26 released after the execution of a bail bond after having been 27 charged with a violent felony as described in section 724.8B. 28 3. Any federal order of protection, other judicial order 29 issued by a federal court, or federal executive order that is 30 a red flag law or otherwise directs the confiscation of any 31 firearm, firearm accessory, or ammunition from any law-abiding 32 citizen within the borders of this state shall not be enforced 33 in this state by any state agency, political subdivision, or 34 state or local law enforcement agency. 35 -1- SF 2263.3781 (1) 91 sb/js 1/ 3 #1.

4. No state agency, political subdivision, or state or local 1 law enforcement agency shall receive any federal moneys for 2 the purpose of enforcing any federal statute, federal rule, 3 federal executive order, or federal judicial order or findings, 4 or for the purpose of enforcing any state statute, state rule, 5 state executive order, or state judicial order or findings, 6 that would have the effect of enforcing a red flag law against 7 a resident. 8 5. No state entity or employee thereof, political 9 subdivision or employee thereof, or other person shall have 10 the authority to enforce or attempt to enforce a red flag law 11 regardless of the red flag law’s origin or the authority of the 12 issuing entity. This subsection shall not apply to any agent 13 of the federal government enforcing a federal law or federal 14 order. 15 6. Nothing in this section shall be construed to prevent a 16 firearm, firearm accessory, or ammunition from being seized as 17 evidence by law enforcement in the course of an investigation. 18 7. a. A political subdivision or state or local law 19 enforcement agency that employs a law enforcement officer who 20 knowingly acts to violate this section and enforce a red flag 21 law under any state or federal statute, rule, executive order, 22 or judicial order or finding shall be liable to the party 23 against whom the red flag law was enforced in an action at law, 24 suit in equity, or other proper proceeding for redress and 25 shall be subject to a civil penalty of fifty thousand dollars 26 per occurrence. 27 b. Any person injured under this section shall have standing 28 to pursue an action for injunctive relief in the district court 29 of the county in which the action allegedly occurred or in the 30 district court of Polk county. 31 c. The court shall hold a hearing on any motion for a 32 temporary restraining order or preliminary injunction within 33 thirty days of service of the petition. 34 d. In an action brought under this section by a party 35 -2- SF 2263.3781 (1) 91 sb/js 2/ 3

against whom the red flag law was enforced, a court may order 1 injunctive or other equitable relief, recovery of damages, 2 other legal remedies, and payment of reasonable attorney fees, 3 costs, and expenses of the party. The relief and remedies set 4 forth in this section shall not be deemed exclusive and shall 5 be in addition to any other relief or remedies permitted by 6 law. The court may award the prevailing party, if not the 7 state or a political subdivision thereof, reasonable attorney 8 fees and costs. 9 e. Sovereign immunity shall not be an affirmative defense to 10 any action brought under this section. 11 Sec. ___. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. > 13 2. Title page, lines 1 and 2, by striking < and possession 14 of weapons > and inserting < possession, and seizure of weapons, 15 providing penalties > 16 3. By renumbering as necessary. 17 ______________________________ HOLT of Crawford -3- SF 2263.3781 (1) 91 sb/js 3/ 3 #2. #3.