House
File
2556
-
Enrolled
House
File
2556
AN
ACT
RELATING
TO
DAMAGES
AGAINST
PARTICIPANTS
IN
FIREARMS
REGULATION
VIOLATIONS
BY
POLITICAL
SUBDIVISIONS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
724.28,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
If
a
political
subdivision
of
the
state,
prior
to,
on,
or
after
July
1,
2020,
adopts,
makes,
enacts,
or
amends
any
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
policy
regulating
the
ownership,
possession,
carrying,
legal
transfer,
lawful
transportation,
modification,
registration,
or
licensing
of
firearms,
firearms
attachments,
or
other
weapons
when
the
ownership,
possession,
carrying,
transfer,
transportation,
modification,
registration,
or
licensing
of
firearms,
firearms
attachments,
or
other
weapons
is
otherwise
lawful
under
the
laws
of
this
state,
a
person
adversely
affected
by
the
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
policy
may
file
suit
in
the
appropriate
court
for
declaratory
and
injunctive
relief
and
all
damages
attributable
to
the
violation
,
including
all
of
the
following:
a.
A
court
shall
assess
against
the
political
subdivision
of
the
state
damages
in
the
amount
of
not
more
than
five
hundred
dollars
and
not
less
than
one
hundred
dollars
per
day
after
providing
written
notice
to
the
political
subdivision
of
the
state
of
the
violation,
not
to
exceed
five
thousand
House
File
2556,
p.
2
dollars
.
A
However,
if
the
political
subdivision
of
the
state
knowingly
participated
in
such
a
violation,
damages
shall
be
assessed
against
the
political
subdivision
of
the
state
in
the
amount
of
not
more
than
two
thousand
five
hundred
dollars
and
not
less
than
one
thousand
dollars
per
day
after
providing
written
notice
to
the
political
subdivision
of
the
state
of
the
violation,
not
to
exceed
twenty-five
thousand
dollars.
These
damages
shall
be
paid
by
the
political
subdivision
of
the
state
directly
to
the
adversely
affected
person.
b.
The
court
shall
also
award
the
prevailing
party
in
any
such
lawsuit
reasonable
attorney
fees
and
court
costs.
c.
The
court,
for
good
cause,
may
assess
damages
in
excess
of
the
amounts
set
forth
in
paragraph
“a”
against
the
political
subdivision
of
the
state
found
to
be
in
violation
of
this
subsection.
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2025.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2556,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor