House File 2114 - Introduced HOUSE FILE 2114 BY WINDSCHITL , BAUDLER , PETTENGILL , GARRETT , BRANDENBURG , ALONS , DEYOE , VANDER LINDEN , SCHULTZ , HELLAND , CHAMBERS , FRY , WAGNER , KLEIN , JORGENSEN , WATTS , SWEENEY , RASMUSSEN , HUSEMAN , SODERBERG , MASSIE , HAGENOW , SHAW , PEARSON , and L. MILLER A BILL FOR An Act relating to state preemption of firearms, firearm 1 accessories, and ammunition regulation by political 2 subdivisions, and including penalties and remedies and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5050YH (11) 84 rh/rj

H.F. 2114 Section 1. Section 724.28, Code 2011, is amended by striking 1 the section and inserting in lieu thereof the following: 2 724.28 State preemption —— prohibition of firearms, firearm 3 accessories, and ammunition regulation by political subdivisions. 4 1. The purpose of this section is to establish complete 5 state control over firearms, firearm accessories, and 6 ammunition regulation and policy in order to ensure that such 7 regulation and policy is applied uniformly throughout this 8 state to each person subject to the state’s jurisdiction and to 9 ensure protection of the right to keep and bear arms recognized 10 by the Constitution of the United States. This section is to 11 be liberally construed to effectuate its purpose. 12 2. As used in this section: 13 a. “Ammunition” means fixed cartridge ammunition, shotgun 14 shells, the individual components of fixed cartridge ammunition 15 and shotgun shells, projectiles for muzzleloading firearms, and 16 any propellant used in firearms or in firearms ammunition. 17 b. “Firearm” means a pistol, revolver, rifle, shotgun, 18 machine gun, submachine gun, or black powder weapon which is 19 designed to, capable of, or may be readily converted to expel a 20 projectile by the action of an explosive. 21 c. “Firearm accessory” means a device specifically adapted 22 to enable the wearing or carrying about one’s person, or the 23 storage or mounting in or on a conveyance, of a firearm, or 24 an attachment or device specifically adapted to be inserted 25 into or affixed onto a firearm to enable, alter, or improve the 26 functioning or capabilities of the firearm. 27 d. “Person adversely affected” means a person who meets all 28 of the following criteria: 29 (1) Lawfully resides within the United States. 30 (2) Can legally possess a firearm under the laws of this 31 state. 32 (3) Either of the following: 33 (a) Would be subject to the ordinance, measure, enactment, 34 rule, resolution, motion, or policy at issue if the person were 35 -1- LSB 5050YH (11) 84 rh/rj 1/ 6

H.F. 2114 present within the jurisdictional boundaries of the enacting 1 political subdivision, regardless of whether such person works 2 or resides in such political subdivision. 3 (b) Is a membership organization that includes as a member a 4 person described in subparagraphs (1) and (2) and subparagraph 5 division (a) of this subparagraph and that is dedicated in 6 whole or in part to protecting the rights of those persons 7 who possess, own, or use firearms for competitive, sporting, 8 defensive, or other lawful purposes. 9 e. “Political subdivision” means a county, city, township, 10 school district, or any other subunit of this state. 11 3. Except as otherwise provided in this section, the 12 regulation of all of the following is hereby declared to be the 13 exclusive domain of the state: 14 a. Firearms, firearm accessories, and ammunition. 15 b. The ownership, possession, use, discharge, carrying, 16 transportation, registration, transfer, and storage of 17 firearms, firearm accessories, and ammunition. 18 c. Commerce in and taxation of firearms, firearm 19 accessories, and ammunition. 20 d. Any other matter pertaining to firearms, firearm 21 accessories, and ammunition. 22 4. An ordinance, measure, enactment, rule, resolution, 23 motion, or policy adopted by a political subdivision, or an 24 official action taken by an employee or agent of a political 25 subdivision, including through any legislative, police power, 26 or proprietary capacity, in violation of this section is void. 27 5. This section shall not be construed to prevent any of the 28 following: 29 a. A duly organized law enforcement agency of a political 30 subdivision from adopting and enforcing rules pertaining to 31 firearms, firearm accessories, or ammunition issued to or used 32 by peace officers in the course of their official duties. 33 b. An employer from regulating or prohibiting an employee 34 from carrying or possessing firearms, firearm accessories, or 35 -2- LSB 5050YH (11) 84 rh/rj 2/ 6

H.F. 2114 ammunition during and in the course of the employee’s official 1 duties. 2 c. A court or administrative law judge from hearing and 3 resolving a case or controversy or issuing an opinion or order 4 on a matter within the court’s or judge’s jurisdiction. 5 d. The enactment or enforcement of a generally applicable 6 zoning or business ordinance that includes firearms businesses 7 along with other businesses, provided that an ordinance 8 designed or enforced to effectively restrict or prohibit the 9 sale, purchase, transfer, manufacture, or display of firearms, 10 firearm accessories, or ammunition otherwise lawful under the 11 laws of this state, which is in conflict with this section, is 12 void. 13 e. A political subdivision from adopting or enforcing rules 14 of operation and use for any shooting range owned or operated 15 by the political subdivision. 16 f. A political subdivision that sponsors or conducts any 17 firearm-related competition or educational or cultural program 18 from adopting rules for participation in or attendance at such 19 a program. 20 6. A political subdivision or employee or agent of a 21 political subdivision that violates the state’s occupation of 22 the whole field of regulation of firearms, firearm accessories, 23 and ammunition, as declared in this section, by adopting or 24 enforcing an ordinance, measure, enactment, rule, resolution, 25 motion, or policy impacting such occupation of the field shall 26 be liable as provided in this section. 27 a. If a political subdivision violates this subsection, 28 the court shall declare the ordinance, measure, enactment, 29 rule, resolution, motion, or policy void and issue a permanent 30 injunction against the political subdivision prohibiting 31 enforcement of such ordinance, measure, enactment, rule, 32 resolution, motion, or policy. It is not a defense that the 33 political subdivision was acting in good faith or upon the 34 advice of counsel. 35 -3- LSB 5050YH (11) 84 rh/rj 3/ 6

H.F. 2114 b. If the court determines that a violation of this 1 subsection was knowing and willful, the court shall assess 2 a civil penalty of up to five thousand dollars against the 3 elected or appointed local government official or employee or 4 agent of an administrative agency under whose jurisdiction the 5 violation occurred. 6 c. Except as required by applicable law, public funds shall 7 not be used to defend or reimburse a person found to have 8 knowingly and willfully violated this subsection. 9 d. A knowing and willful violation of a provision of this 10 subsection by a person acting in an official capacity for any 11 entity adopting or enforcing an ordinance, measure, enactment, 12 rule, resolution, motion, or policy prohibited under this 13 subsection shall be cause for termination or removal pursuant 14 to chapter 66. 15 7. A person adversely affected by an ordinance, measure, 16 enactment, rule, resolution, motion, or policy adopted or 17 enforced in violation of this section may file suit in the 18 appropriate court for declarative and injunctive relief and for 19 damages. A court shall award the prevailing plaintiff in any 20 such suit all of the following: 21 a. Reasonable attorney fees and costs. 22 b. The greater of actual damages or liquidated damages 23 equal to the amount of three times the attorney fees awarded 24 in paragraph “a” . 25 Sec. 2. APPLICABILITY. This Act applies to any ordinance, 26 measure, enactment, rule, resolution, motion, or policy adopted 27 by a political subdivision of this state or to official actions 28 taken by an employee or agent of such political subdivision, 29 on or after the effective date of this Act. However, the 30 penalties and remedies prescribed under section 1, subsection 31 6, of this Act shall fire be imposed ninety days after the 32 effective date of this Act to provide political subdivisions an 33 opportunity to comply with the provisions of this Act. 34 EXPLANATION 35 -4- LSB 5050YH (11) 84 rh/rj 4/ 6

H.F. 2114 Current Code section 724.28 prohibits a political 1 subdivision of the state from enacting an ordinance 2 restricting the ownership, possession, legal transfer, lawful 3 transportation, registration, or licensing of firearms when the 4 ownership, possession, transfer, or transportation is otherwise 5 lawful under state law. 6 This bill strikes this Code section and provides that the 7 regulation of firearms, firearm accessories, and ammunition 8 is declared to be the exclusive domain of the state. The 9 bill provides that an ordinance, measure, enactment, rule, 10 resolution, motion, or policy of a political subdivision of 11 this state, or an official action of an employee or agent of 12 such political subdivision, including through any legislative, 13 police power, or proprietary capacity, in violation of the bill 14 is void. 15 The bill shall not be construed to prevent a law enforcement 16 agency of a political subdivision from adopting and enforcing 17 rules pertaining to firearms, firearm accessories, or 18 ammunition issued to or used by peace officers in the course 19 of their official duties; an employer from regulating or 20 prohibiting an employee from carrying or possessing firearms, 21 firearm accessories, or ammunition during and in the course 22 of the employee’s official duties; a court or administrative 23 law judge from hearing and resolving a case or controversy or 24 issuing an opinion or order on a matter within the court’s or 25 the judge’s jurisdiction; enacting or enforcing a generally 26 applicable zoning or business ordinance that includes firearms 27 businesses along with other businesses, provided that an 28 ordinance which is designed or enforced to effectively restrict 29 or prohibit the sale, purchase, transfer, manufacture, or 30 display of firearms, firearm accessories, or ammunition 31 otherwise lawful under the laws of this state, which is in 32 conflict with the bill, is void; a political subdivision 33 from adopting or enforcing rules of operation and use for a 34 shooting range owned or operated by the political subdivision; 35 -5- LSB 5050YH (11) 84 rh/rj 5/ 6

H.F. 2114 and a political subdivision that sponsors or conducts any 1 firearm-related competition or educational or cultural program 2 from adopting rules of attendance for such a program. 3 The bill provides that if a political subdivision violates 4 the bill, the court shall declare the ordinance, measure, 5 enactment, rule, resolution, motion, or policy void and issue 6 a permanent injunction against the political subdivision 7 prohibiting enforcement of such ordinance, measure, enactment, 8 rule, resolution, motion, or policy. It is not a defense that 9 the political subdivision was acting in good faith or upon the 10 advice of counsel. The court shall assess a civil penalty of 11 up to $5,000 against the elected or appointed local government 12 official or employee or agent of an administrative agency 13 under whose jurisdiction the violation occurred if a violation 14 was knowing and willful. In addition, knowing and willful 15 violations by a person acting in an official capacity shall be 16 cause for termination or removal. 17 The bill provides that a person adversely affected by an 18 ordinance, measure, enactment, rule, resolution, motion, or 19 policy adopted or enforced in violation of the bill may file 20 suit in the appropriate court for declarative and injunctive 21 relief and for damages and may, if successful, be awarded 22 reasonable attorney fees and costs and the greater of actual 23 damages or liquidated damages equal to the amount of three 24 times the attorney fees awarded. 25 The bill applies to any ordinance, measure, enactment, 26 rule, resolution, motion, or policy adopted by a political 27 subdivision of this state or to official actions taken by any 28 employee or agent of such political subdivision, on or after 29 the effective date of the bill. The penalties and remedies of 30 the bill shall first be imposed 90 days after the effective 31 date of the bill. 32 -6- LSB 5050YH (11) 84 rh/rj 6/ 6