House Study Bill 19 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER) A BILL FOR An Act concerning state preemption of firearms, firearm 1 accessories, and ammunition regulation by political 2 subdivisions and providing a remedy. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1865HC (4) 84 rh/rj

H.F. _____ 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 accessory” means a device specifically adapted 18 to enable the wearing or carrying about one’s person, or the 19 storage or mounting in or on a conveyance, of a firearm, or 20 an attachment or device specifically adapted to be inserted 21 into or affixed onto a firearm to enable, alter, or improve the 22 functioning or capabilities of the firearm. 23 c. “Firearms” means a pistol, revolver, rifle, shotgun, 24 machine gun, submachine gun, or black powder weapon which is 25 designed to, capable of, or may be readily converted to expel a 26 projectile by the action of an explosive. 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 1865HC (4) 84 rh/rj 1/ 5

H.F. _____ 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 of this 24 state, or an official action taken by an employee or agent of 25 such political subdivision, existing on or after April 5, 2011, 26 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 promulgating 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 firearms, firearm accessories, or ammunition 35 -2- LSB 1865HC (4) 84 rh/rj 2/ 5

H.F. _____ during and in the course of the employee’s official duties. 1 c. A court or administrative law judge from hearing and 2 resolving a case or controversy or issuing an opinion or order 3 on a matter within its jurisdiction. 4 d. The enactment or enforcement of a generally applicable 5 zoning or business ordinance that includes firearms businesses 6 along with other businesses, provided that an ordinance 7 designed or enforced to effectively restrict or prohibit the 8 sale, purchase, transfer, manufacture, or display of firearms, 9 firearm accessories, or ammunition otherwise lawful under the 10 laws of this state, which is in conflict with this section, is 11 void. 12 6. a. A person adversely affected by an ordinance, measure, 13 enactment, rule, resolution, motion, or policy promulgated or 14 enforced in violation of this section may file suit in the 15 appropriate court for declarative and injunctive relief and 16 for all actual and consequential damages attributable to the 17 violation. A court shall award the prevailing plaintiff in any 18 such suit all of the following: 19 (1) Reasonable attorney fees. 20 (2) Liquidated damages equal to the amount of three times 21 the attorney fees awarded in subparagraph (1). 22 (3) Litigation costs. 23 (4) Interest on the amounts awarded pursuant to this 24 subsection shall accrue at fifteen percent from the date suit 25 is filed. 26 b. Payment of such fees, damages, costs, and interest may 27 be secured by seizure of any vehicles used or operated for 28 the benefit of any elected office holder in the political 29 subdivision if not paid within seventy-two hours of the court’s 30 order. 31 EXPLANATION 32 Current Code section 724.28 prohibits a political 33 subdivision of the state from enacting an ordinance 34 restricting the ownership, possession, legal transfer, lawful 35 -3- LSB 1865HC (4) 84 rh/rj 3/ 5

H.F. _____ transportation, registration, or licensing of firearms when the 1 ownership, possession, transfer, or transportation is otherwise 2 lawful under state law. 3 This bill strikes this Code section and provides that the 4 regulation of firearms, firearm accessories, and ammunition 5 is declared to be the exclusive domain of the state. The 6 bill provides that an ordinance, measure, enactment, rule, 7 resolution, motion, or policy of a political subdivision of 8 this state, or an official action of an employee or agent of 9 such political subdivision, existing on or after April 5, 2011, 10 in violation of the bill, is void. 11 The bill shall not be construed to prevent a law enforcement 12 agency of a political subdivision from promulgating and 13 enforcing rules pertaining to firearms, firearm accessories, 14 or ammunition issued to or used by peace officers in the 15 course of their official duties; an employer from regulating 16 or prohibiting an employee from carrying firearms, firearm 17 accessories, or ammunition during and in the course of the 18 employee’s official duties; a court or administrative law judge 19 from hearing and resolving a case or controversy or issuing 20 an opinion or order on a matter within its jurisdiction; 21 and enacting or enforcing a generally applicable zoning or 22 business ordinance that includes firearms businesses along 23 with other businesses, provided that an ordinance which is 24 designed or enforced to effectively restrict or prohibit the 25 sale, purchase, transfer, manufacture, or display of firearms, 26 firearm accessories, or ammunition otherwise lawful under the 27 laws of this state, which is in conflict with the bill, is 28 void. 29 The bill provides that a person adversely affected by an 30 ordinance, measure, enactment, rule, resolution, motion, 31 or policy promulgated or enforced in violation of the bill 32 may file suit in the appropriate court for declarative and 33 injunctive relief and for all actual and consequential 34 damages attributable to the violation and may, if successful, 35 -4- LSB 1865HC (4) 84 rh/rj 4/ 5

H.F. _____ be awarded reasonable attorney fees, liquidated damages, 1 litigation costs, and interest. 2 -5- LSB 1865HC (4) 84 rh/rj 5/ 5