House
File
2044
-
Introduced
HOUSE
FILE
2044
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
regulation
of
firearms
and
ammunition
in
1
a
state
of
public
emergency
and
providing
a
remedy.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
29C.3,
subsection
4,
paragraph
e,
Code
1
2016,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
29C.6,
subsection
16,
Code
2016,
is
amended
3
to
read
as
follows:
4
16.
Suspend
or
limit
the
sale,
dispensing,
or
5
transportation
of
alcoholic
beverages,
firearms,
explosives,
6
and
combustibles.
7
Sec.
3.
NEW
SECTION
.
29C.24
Firearms
and
ammunition
——
8
limitations
——
exceptions
——
remedies.
9
1.
This
chapter
shall
not
be
construed
to
authorize
the
10
governor
or
any
other
official
of
this
state
or
any
of
its
11
political
subdivisions
or
any
agent
or
person
acting
at
the
12
direction
of
the
governor
or
any
such
official
to
do
any
of
the
13
following:
14
a.
Prohibit,
regulate,
or
curtail
the
otherwise
lawful
15
possession,
carrying,
transportation,
transfer,
or
defensive
16
use
of
firearms
or
ammunition.
17
b.
Suspend
or
revoke,
except
in
accordance
with
section
18
724.13,
a
permit
issued
pursuant
to
section
724.6,
724.7,
or
19
724.15.
20
c.
Seize
or
confiscate
firearms
and
ammunition
possessed
in
21
accordance
with
the
laws
of
this
state.
22
2.
This
section
shall
not
prohibit
any
of
the
following:
23
a.
The
temporary
closure
or
limitations
on
the
operating
24
hours
of
businesses
that
sell
firearms
or
ammunition
if
the
25
same
operating
restrictions
apply
to
all
businesses
in
the
26
affected
area.
27
b.
The
adoption
or
enforcement
of
regulations
pertaining
to
28
firearms
and
ammunition
used
or
carried
for
official
purposes
29
by
law
enforcement
officers
or
persons
acting
under
the
30
authority
of
emergency
management
agencies
or
officials.
31
3.
a.
A
person
aggrieved
by
a
violation
of
this
section
32
may
seek
relief
in
an
action
at
law
or
in
equity
or
in
any
33
other
proper
proceeding
for
actual
damages,
injunctive
relief,
34
or
other
appropriate
redress
against
a
person
who
commits
or
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causes
the
commission
of
such
violation.
1
b.
In
addition
to
any
other
remedy
available
at
law
or
2
in
equity,
a
person
aggrieved
by
the
seizure
or
confiscation
3
of
a
firearm
or
ammunition
in
violation
of
this
section
may
4
make
application
pursuant
to
section
809.3
for
its
return
in
5
the
office
of
the
clerk
of
court
for
the
county
in
which
the
6
property
was
seized.
7
c.
In
an
action
or
proceeding
to
enforce
this
section,
the
8
court
shall
award
the
prevailing
plaintiff
reasonable
court
9
costs
and
attorney
fees.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
regulation
of
firearms
and
14
ammunition
in
a
state
of
public
emergency.
15
The
bill
provides
that
Code
chapter
29C,
relating
to
a
public
16
disorder
or
disaster
emergency
proclamation
by
the
governor,
17
shall
not
be
construed
to
authorize
the
governor
or
any
other
18
official
of
this
state
or
any
of
its
political
subdivisions
19
acting
at
the
direction
of
the
governor
or
other
official
to
20
prohibit,
regulate,
or
curtail
the
otherwise
lawful
possession,
21
carrying,
transportation,
transfer,
or
defensive
use
of
22
firearms
or
ammunition;
to
suspend
or
revoke
a
permit
to
carry
23
or
acquire,
except
as
otherwise
authorized
under
Code
sections
24
724.6
(professional
permit
to
carry),
724.7
(nonprofessional
25
permit
to
carry),
and
724.15
(permit
to
acquire);
or
to
seize
26
or
confiscate
firearms
or
ammunition
possessed
in
accordance
27
with
state
law.
28
The
bill
does
not
prohibit
the
temporary
closure
or
29
limitations
on
the
operating
hours
of
businesses
that
sell
30
firearms
or
ammunition
if
the
same
operating
restrictions
31
apply
to
all
businesses
in
the
affected
area
or
the
adoption
32
or
enforcement
of
regulations
pertaining
to
firearms
used
or
33
carried
for
official
purposes
by
law
enforcement
officers
or
34
persons
acting
under
the
authority
of
emergency
management
35
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agencies
or
officials.
1
The
bill
allows
a
person
aggrieved
by
a
violation
of
the
bill
2
to
seek
relief
in
an
action
at
law
or
in
equity
or
in
any
other
3
proper
proceeding
for
actual
damages,
injunctive
relief,
or
4
other
appropriate
redress,
including
court
costs
and
attorney
5
fees,
against
a
person
who
commits
or
causes
the
commission
6
of
such
violation.
In
addition
to
any
other
remedy
available
7
at
law
or
in
equity,
a
person
aggrieved
by
the
seizure
or
8
confiscation
of
a
firearm
or
ammunition
in
violation
of
the
9
bill
may
file
an
application
pursuant
to
Code
section
809.3
for
10
its
return
in
the
office
of
the
clerk
of
court
for
the
county
in
11
which
the
property
was
seized.
12
The
bill
makes
conforming
changes
to
Code
sections
29C.3
and
13
29C.6
relating
to
the
governor’s
authority
under
current
law
to
14
prohibit
the
possession
of
firearms
or
any
other
deadly
weapon
15
by
a
person
other
than
at
that
person’s
place
of
residence
16
or
business
and
to
suspend
or
limit
the
sale,
dispensing,
or
17
transportation
of
firearms.
18
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