HOUSE FILE 320

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 18)

A BILL FOR

An Act relating to the regulation of firearms and ammunition in a state of public emergency and providing a remedy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 29C.3, subsection 4, paragraph e, Code 2011, is amended by striking the paragraph.
   Sec. 2.  Section 29C.6, subsection 16, Code 2011, is amended to read as follows:
   16.  Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,firearms, explosives, and combustibles.
   Sec. 3.  NEW SECTION.  29C.23  Firearms and ammunition —— limitations —— exceptions —— remedies.
   1.  This chapter shall not be construed to authorize the governor or any other official of this state or any of its political subdivisions or any agent or person acting at the direction of the governor or any such official to do any of the following:
   a.  Prohibit, regulate, or curtail the otherwise lawful possession, carrying, transportation, transfer, or defensive use of firearms or ammunition.
   b.  Suspend or revoke, except in accordance with section 724.13, a permit issued pursuant to section 724.6, 724.7, or 724.15.
   c.  Seize or confiscate firearms and ammunition possessed in accordance with the laws of this state.
   2.  This section shall not prohibit any of the following:
   a.  The temporary closure or limitations on the operating hours of businesses that sell firearms or ammunition if the same operating restrictions apply to all businesses in the affected area.
   b.  Regulations pertaining to firearms and ammunition used or carried for official purposes by law enforcement officers or persons acting under the authority of emergency management agencies or officials.
   3.
  a.  A person aggrieved by a violation of this section may seek relief in an action at law or in equity or in any other proper proceeding for actual damages, injunctive relief, or other appropriate redress against a person who commits or causes the commission of such violation. 
   b.  In addition to any other remedy available at law or in equity, a person aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may make application for its return in the office of the clerk of court for the county in which the property was seized pursuant to section 809.3.
   c.  In an action or proceeding to enforce this section, the court shall award the prevailing plaintiff reasonable court costs and attorney fees.
EXPLANATION
   This bill relates to the regulation of firearms and ammunition in a state of public emergency.
   The bill provides that Code chapter 29C, relating to a public disorder or disaster emergency proclamation by the governor, shall not be construed to authorize the governor or any other official of this state or any of its political subdivisions acting at the direction of the governor or other official to prohibit, regulate, or curtail the otherwise lawful possession, carrying, transportation, transfer, or defensive use of firearms or ammunition, to suspend or revoke, except in as otherwise authorized, a permit to carry weapons issued pursuant to Code section 724.6 or 724.7 or a permit to acquire pistols or revolvers issued pursuant to Code section 724.15, or to seize or confiscate firearms or ammunition possessed in accordance with state law.
   The bill does not prohibit the temporary closure or limitations on the operating hours of businesses that sell firearms or ammunition if the same operating restrictions apply to all businesses in the affected area or regulations pertaining to firearms used or carried for official purposes by law enforcement officers or persons acting under the authority of emergency management agencies or officials.
   The bill allows a person aggrieved by a violation under the bill to seek relief in an action at law or in equity or in any other proper proceeding for actual damages, injunctive relief, or other appropriate redress, including court costs and attorney fees, against a person who commits or causes the commission of such violation. In addition to any other remedy available at law or in equity, a person aggrieved by the seizure or confiscation of a firearm or ammunition in violation of the bill may file an application for its return in the office of the clerk of court for the county in which the property was seized pursuant to Code section 809.3.
   The bill makes conforming changes to Code sections 29C.3 and 29C.6 relating to the governor’s authority under current law to prohibit the possession of firearms or any other deadly weapon by a person other than at that person’s place of residence or business and to suspend or limit the sale, dispensing, or transportation of firearms.