House File 2280 - Introduced HOUSE FILE 2280 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2044) 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 TLSB 5058HV (1) 86 jm/rj

H.F. 2280 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 35 -1- LSB 5058HV (1) 86 jm/rj 1/ 3

H.F. 2280 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 -2- LSB 5058HV (1) 86 jm/rj 2/ 3

H.F. 2280 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 -3- LSB 5058HV (1) 86 jm/rj 3/ 3