House Amendment to Senate File 2263 S-5191 Amend Senate File 2263, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, line 17, after < guard > by inserting < or the 3 department of corrections, or a parking lot at a jail, prison, 4 or correctional facility > 5 2. By striking page 1, line 31, through page 2, line 18, and 6 inserting: 7 < DIVISION ___ 8 ENHANCED WEAPON PENALTY ZONES 9 Sec. ___. Section 724.4A, Code 2026, is amended to read as 10 follows: 11 724.4A Weapons free zones —— enhanced penalties Enhanced 12 weapons penalty zones . 13 1. As used in this section , “weapons free zone” “enhanced 14 weapons penalty zone” means the area in or on, or within one 15 thousand feet of, the real property comprising a public or 16 private elementary or secondary school, or in or on the real 17 property comprising a public park. A weapons free zone An 18 enhanced weapons penalty zone shall not include that portion 19 of a public park designated as a hunting area under section 20 461A.42 . 21 2. Notwithstanding sections 902.9 and 903.1 , a person who 22 commits a public offense involving a firearm or offensive 23 weapon, within a weapons free zone an enhanced weapons penalty 24 zone , in violation of this or any other chapter shall be 25 subject to a fine of twice the maximum amount which that may 26 otherwise be imposed for the public offense. > 27 3. Page 2, after line 18 by inserting: 28 < DIVISION ___ 29 SEIZURE OF FIREARMS 30 Sec. ___. NEW SECTION . 724.33 Anti-red flag gun seizure. 31 1. This section may be cited and referred to as the 32 “Anti-Red Flag Gun Seizure Act” . 33 2. For purposes of this section: 34 a. “Law-abiding citizen” means a person that is not 35 -1- SF 2263.4072.H (2) 91 md 1/ 4 #1. #2. #3.

otherwise precluded under state law from possessing a firearm. 1 b. “Red flag law” means any of the following: 2 (1) A firearm control law, order, or measure that directs 3 the temporary or permanent seizure of any firearm, firearm 4 accessory, or ammunition of an individual. 5 (2) A federal statute, federal rule, federal executive 6 order, or federal judicial order or finding, or any state 7 statute, state rule, state executive order, or state judicial 8 order or finding, that does any of the following: 9 (a) Prohibits a resident from owning, possessing, 10 transporting, transferring, or receiving any firearm, 11 firearm accessory, or ammunition without the conviction of 12 a violent felony, violent aggravated misdemeanor, or other 13 disqualification under section 724.8B. 14 (b) Orders the removal or requires the surrender of any 15 firearm, firearm accessory, or ammunition from a resident 16 except persons lawfully in custody or persons who have been 17 released after the execution of a bail bond after having been 18 charged with a violent felony or violent aggravated misdemeanor 19 as described in section 724.8B. 20 3. Any federal order of protection, other judicial order 21 issued by a federal court, or federal executive order that is 22 a red flag law or otherwise directs the confiscation of any 23 firearm, firearm accessory, or ammunition from any law-abiding 24 citizen within the borders of this state shall not be enforced 25 in this state by any state agency, political subdivision, or 26 state or local law enforcement agency. 27 4. No state agency, political subdivision, or state or local 28 law enforcement agency shall receive any federal moneys for 29 the purpose of enforcing any federal statute, federal rule, 30 federal executive order, or federal judicial order or findings, 31 or for the purpose of enforcing any state statute, state rule, 32 state executive order, or state judicial order or findings, 33 that would have the effect of enforcing a red flag law against 34 a resident. 35 -2- SF 2263.4072.H (2) 91 md 2/ 4

5. No state entity or employee thereof, political 1 subdivision or employee thereof, or other person shall have 2 the authority to enforce or attempt to enforce a red flag law 3 regardless of the red flag law’s origin or the authority of the 4 issuing entity. This subsection shall not apply to any agent 5 of the federal government enforcing a federal law or federal 6 order. 7 6. Nothing in this section shall be construed to prevent a 8 firearm, firearm accessory, or ammunition from being seized as 9 evidence by law enforcement in the course of an investigation. 10 7. a. A political subdivision or state or local law 11 enforcement agency that employs a law enforcement officer who 12 knowingly acts to violate this section and enforce a red flag 13 law under any state or federal statute, rule, executive order, 14 or judicial order or finding shall be liable to the party 15 against whom the red flag law was enforced in an action at law, 16 suit in equity, or other proper proceeding for redress and 17 shall be subject to a civil penalty of fifty thousand dollars 18 per occurrence. 19 b. Any person injured under this section 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 the 22 district court of Polk county. 23 c. The court shall hold a hearing on any motion for a 24 temporary restraining order or preliminary injunction within 25 thirty days of service of the petition. 26 d. In an action brought under this section by a party 27 against whom the red flag law was enforced, a court may order 28 injunctive or other equitable relief, recovery of damages, 29 other legal remedies, and payment of reasonable attorney fees, 30 costs, and expenses of the party. The relief and remedies set 31 forth in this section shall not be deemed exclusive and shall 32 be in addition to any other relief or remedies permitted by 33 law. The court may award the prevailing party, if not the 34 state or a political subdivision thereof, reasonable attorney 35 -3- SF 2263.4072.H (2) 91 md 3/ 4

fees and costs. 1 e. Sovereign immunity shall not be an affirmative defense to 2 any action brought under this section. 3 Sec. ___. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. > 5 4. Title page, lines 1 and 2, by striking < and possession 6 of weapons > and inserting < possession, and seizure of weapons, 7 providing penalties > 8 5. By renumbering as necessary. 9 -4- SF 2263.4072.H (2) 91 md 4/ 4 #4.