House
File
2361
-
Introduced
HOUSE
FILE
2361
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
2114)
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:
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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
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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
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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
g.
A
governing
board
for
a
city
hall,
courthouse,
or
21
public
hospital
from
adopting
and
enforcing
rules
regulating
22
or
prohibiting
persons
from
carrying
or
possessing
firearms,
23
firearm
accessories,
or
ammunition
in
the
buildings
or
on
the
24
grounds
of
the
city
hall,
courthouse,
or
public
hospital.
For
25
purposes
of
this
paragraph,
“public
hospital”
means
the
same
as
26
defined
in
section
249J.3.
27
6.
A
political
subdivision
or
employee
or
agent
of
a
28
political
subdivision
that
violates
the
state’s
occupation
of
29
the
whole
field
of
regulation
of
firearms,
firearm
accessories,
30
and
ammunition,
as
declared
in
this
section,
by
adopting
or
31
enforcing
an
ordinance,
measure,
enactment,
rule,
resolution,
32
motion,
or
policy
impacting
such
occupation
of
the
field
shall
33
be
liable
as
provided
in
this
section.
34
a.
If
a
political
subdivision
violates
this
subsection,
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the
court
shall
declare
the
ordinance,
measure,
enactment,
1
rule,
resolution,
motion,
or
policy
void
and
issue
a
permanent
2
injunction
against
the
political
subdivision
prohibiting
3
enforcement
of
such
ordinance,
measure,
enactment,
rule,
4
resolution,
motion,
or
policy.
It
is
not
a
defense
that
the
5
political
subdivision
was
acting
in
good
faith
or
upon
the
6
advice
of
counsel.
7
b.
If
the
court
determines
that
a
violation
of
this
8
subsection
was
knowing
and
willful,
the
court
shall
assess
9
a
civil
penalty
of
up
to
five
thousand
dollars
against
the
10
elected
or
appointed
local
government
official
or
employee
or
11
agent
of
an
administrative
agency
under
whose
jurisdiction
the
12
violation
occurred.
13
c.
Except
as
required
by
applicable
law,
public
funds
shall
14
not
be
used
to
defend
or
reimburse
a
person
found
to
have
15
knowingly
and
willfully
violated
this
subsection.
16
d.
A
knowing
and
willful
violation
of
a
provision
of
this
17
subsection
by
a
person
acting
in
an
official
capacity
for
any
18
entity
adopting
or
enforcing
an
ordinance,
measure,
enactment,
19
rule,
resolution,
motion,
or
policy
prohibited
under
this
20
subsection
shall
be
cause
for
termination
or
removal
pursuant
21
to
chapter
66.
22
7.
A
person
adversely
affected
by
an
ordinance,
measure,
23
enactment,
rule,
resolution,
motion,
or
policy
adopted
or
24
enforced
in
violation
of
this
section
may
file
suit
in
the
25
appropriate
court
for
declarative
and
injunctive
relief
and
for
26
damages.
A
court
shall
award
the
prevailing
plaintiff
in
any
27
such
suit
all
of
the
following:
28
a.
Reasonable
attorney
fees
and
costs.
29
b.
The
greater
of
actual
damages
or
liquidated
damages
30
equal
to
the
amount
of
three
times
the
attorney
fees
awarded
31
in
paragraph
“a”
.
32
Sec.
2.
APPLICABILITY.
This
Act
applies
to
any
ordinance,
33
measure,
enactment,
rule,
resolution,
motion,
or
policy
adopted
34
by
a
political
subdivision
of
this
state
or
to
official
actions
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taken
by
an
employee
or
agent
of
such
political
subdivision,
1
on
or
after
the
effective
date
of
this
Act.
However,
the
2
penalties
and
remedies
prescribed
under
section
724.28,
3
subsection
6,
as
enacted
in
this
Act
shall
first
be
imposed
4
ninety
days
after
the
effective
date
of
this
Act
to
provide
5
political
subdivisions
an
opportunity
to
comply
with
the
6
provisions
of
this
Act.
7
EXPLANATION
8
Current
Code
section
724.28
prohibits
a
political
9
subdivision
of
the
state
from
enacting
an
ordinance
10
restricting
the
ownership,
possession,
legal
transfer,
lawful
11
transportation,
registration,
or
licensing
of
firearms
when
the
12
ownership,
possession,
transfer,
or
transportation
is
otherwise
13
lawful
under
state
law.
14
This
bill
strikes
this
Code
section
and
provides
that
the
15
regulation
of
firearms,
firearm
accessories,
and
ammunition
16
is
declared
to
be
the
exclusive
domain
of
the
state.
The
17
bill
provides
that
an
ordinance,
measure,
enactment,
rule,
18
resolution,
motion,
or
policy
of
a
political
subdivision
of
19
this
state,
or
an
official
action
of
an
employee
or
agent
of
20
such
political
subdivision,
including
through
any
legislative,
21
police
power,
or
proprietary
capacity,
in
violation
of
the
bill
22
is
void.
23
The
bill
shall
not
be
construed
to
prevent
a
law
enforcement
24
agency
of
a
political
subdivision
from
adopting
and
enforcing
25
rules
pertaining
to
firearms,
firearm
accessories,
or
26
ammunition
issued
to
or
used
by
peace
officers
in
the
course
27
of
their
official
duties;
an
employer
from
regulating
or
28
prohibiting
an
employee
from
carrying
or
possessing
firearms,
29
firearm
accessories,
or
ammunition
during
and
in
the
course
30
of
the
employee’s
official
duties;
a
court
or
administrative
31
law
judge
from
hearing
and
resolving
a
case
or
controversy
32
or
issuing
an
opinion
or
order
on
a
matter
within
the
33
court’s
or
the
judge’s
jurisdiction;
enacting
or
enforcing
34
a
generally
applicable
zoning
or
business
ordinance
that
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includes
firearms
businesses
along
with
other
businesses,
1
provided
that
an
ordinance
which
is
designed
or
enforced
to
2
effectively
restrict
or
prohibit
the
sale,
purchase,
transfer,
3
manufacture,
or
display
of
firearms,
firearm
accessories,
or
4
ammunition
otherwise
lawful
under
the
laws
of
this
state,
5
which
is
in
conflict
with
the
bill,
is
void;
a
political
6
subdivision
from
adopting
or
enforcing
rules
of
operation
and
7
use
for
a
shooting
range
owned
or
operated
by
the
political
8
subdivision;
a
political
subdivision
that
sponsors
or
conducts
9
any
firearm-related
competition
or
educational
or
cultural
10
program
from
adopting
rules
of
attendance
for
such
a
program;
11
and
a
governing
board
for
a
city
hall,
courthouse,
or
public
12
hospital
from
adopting
and
enforcing
rules
regulating
or
13
prohibiting
persons
from
carrying
or
possessing
firearms,
14
firearm
accessories,
or
ammunition
in
the
buildings
or
on
the
15
grounds
of
the
city
hall,
courthouse,
or
hospital.
16
The
bill
provides
that
if
a
political
subdivision
violates
17
the
bill,
the
court
shall
declare
the
ordinance,
measure,
18
enactment,
rule,
resolution,
motion,
or
policy
void
and
issue
19
a
permanent
injunction
against
the
political
subdivision
20
prohibiting
enforcement
of
such
ordinance,
measure,
enactment,
21
rule,
resolution,
motion,
or
policy.
It
is
not
a
defense
that
22
the
political
subdivision
was
acting
in
good
faith
or
upon
the
23
advice
of
counsel.
The
court
shall
assess
a
civil
penalty
of
24
up
to
$5,000
against
the
elected
or
appointed
local
government
25
official
or
employee
or
agent
of
an
administrative
agency
26
under
whose
jurisdiction
the
violation
occurred
if
a
violation
27
was
knowing
and
willful.
In
addition,
knowing
and
willful
28
violations
by
a
person
acting
in
an
official
capacity
shall
be
29
cause
for
termination
or
removal.
30
The
bill
provides
that
a
person
adversely
affected
by
an
31
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
32
policy
adopted
or
enforced
in
violation
of
the
bill
may
file
33
suit
in
the
appropriate
court
for
declarative
and
injunctive
34
relief
and
for
damages
and
may,
if
successful,
be
awarded
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reasonable
attorney
fees
and
costs
and
the
greater
of
actual
1
damages
or
liquidated
damages
equal
to
the
amount
of
three
2
times
the
attorney
fees
awarded.
3
The
bill
applies
to
any
ordinance,
measure,
enactment,
4
rule,
resolution,
motion,
or
policy
adopted
by
a
political
5
subdivision
of
this
state
or
to
official
actions
taken
by
any
6
employee
or
agent
of
such
political
subdivision,
on
or
after
7
the
effective
date
of
the
bill.
The
penalties
and
remedies
of
8
the
bill
shall
first
be
imposed
90
days
after
the
effective
9
date
of
the
bill.
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