S-5191

   Amend Senate File 2263, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, line 17, after <guard> by inserting <or the department of corrections, or a parking lot at a jail, prison, or correctional facility>
   2.  By striking page 1, line 31, through page 2, line 18, and inserting: 
<DIVISION ___
ENHANCED WEAPON PENALTY ZONES

   Sec. ___.  Section 724.4A, Code 2026, is amended to read as follows:
   724.4A  Weapons free zones —— enhanced penalties Enhanced weapons penalty zones.
   1.  As used in this section, “weapons free zone” “enhanced weapons penalty zone” means the area in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, or in or on the real property comprising a public park. A weapons free zone An enhanced weapons penalty zone shall not include that portion of a public park designated as a hunting area under section 461A.42.
   2.  Notwithstanding sections 902.9 and 903.1, a person who commits a public offense involving a firearm or offensive weapon, within a weapons free zone an enhanced weapons penalty zone, in violation of this or any other chapter shall be subject to a fine of twice the maximum amount which that may otherwise be imposed for the public offense.>
   3.  Page 2, after line 18 by inserting: 
<DIVISION ___
SEIZURE OF FIREARMS

   Sec. ___.  NEW SECTION.  724.33  Anti-red flag gun seizure.
   1.  This section may be cited and referred to as the “Anti-Red Flag Gun Seizure Act”.
   2.  For purposes of this section:
   a.  “Law-abiding citizen” means a person that is not otherwise precluded under state law from possessing a firearm.
   b.  “Red flag law” means any of the following:
   (1)  A firearm control law, order, or measure that directs the temporary or permanent seizure of any firearm, firearm accessory, or ammunition of an individual.
   (2)  A federal statute, federal rule, federal executive order, or federal judicial order or finding, or any state statute, state rule, state executive order, or state judicial order or finding, that does any of the following:
   (a)  Prohibits a resident from owning, possessing, transporting, transferring, or receiving any firearm, firearm accessory, or ammunition without the conviction of a violent felony, violent aggravated misdemeanor, or other disqualification under section 724.8B.
   (b)  Orders the removal or requires the surrender of any firearm, firearm accessory, or ammunition from a resident except persons lawfully in custody or persons who have been released after the execution of a bail bond after having been charged with a violent felony or violent aggravated misdemeanor as described in section 724.8B.
   3.  Any federal order of protection, other judicial order issued by a federal court, or federal executive order that is a red flag law or otherwise directs the confiscation of any firearm, firearm accessory, or ammunition from any law-abiding citizen within the borders of this state shall not be enforced in this state by any state agency, political subdivision, or state or local law enforcement agency.
   4.  No state agency, political subdivision, or state or local law enforcement agency shall receive any federal moneys for the purpose of enforcing any federal statute, federal rule, federal executive order, or federal judicial order or findings, or for the purpose of enforcing any state statute, state rule, state executive order, or state judicial order or findings, that would have the effect of enforcing a red flag law against a resident.
   5.  No state entity or employee thereof, political subdivision or employee thereof, or other person shall have the authority to enforce or attempt to enforce a red flag law regardless of the red flag law’s origin or the authority of the issuing entity. This subsection shall not apply to any agent of the federal government enforcing a federal law or federal order.
   6.  Nothing in this section shall be construed to prevent a firearm, firearm accessory, or ammunition from being seized as evidence by law enforcement in the course of an investigation.
   7.  a.  A political subdivision or state or local law enforcement agency that employs a law enforcement officer who knowingly acts to violate this section and enforce a red flag law under any state or federal statute, rule, executive order, or judicial order or finding shall be liable to the party against whom the red flag law was enforced in an action at law, suit in equity, or other proper proceeding for redress and shall be subject to a civil penalty of fifty thousand dollars per occurrence.
   b.  Any person injured under this section shall have standing to pursue an action for injunctive relief in the district court of the county in which the action allegedly occurred or in the district court of Polk county.
   c.  The court shall hold a hearing on any motion for a temporary restraining order or preliminary injunction within thirty days of service of the petition.
   d.  In an action brought under this section by a party against whom the red flag law was enforced, a court may order injunctive or other equitable relief, recovery of damages, other legal remedies, and payment of reasonable attorney fees, costs, and expenses of the party. The relief and remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other relief or remedies permitted by law. The court may award the prevailing party, if not the state or a political subdivision thereof, reasonable attorney fees and costs.
   e.  Sovereign immunity shall not be an affirmative defense to any action brought under this section.
   Sec. ___.  EFFECTIVE DATE.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.>
   4.  Title page, lines 1 and 2, by striking <and possession of weapons> and inserting <possession, and seizure of weapons, providing penalties>
   5.  By renumbering as necessary.