House File 2502 - Introduced HOUSE FILE 2502 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 615) A BILL FOR An Act relating to firearms and weapons, including the storage, 1 carrying, possession, or transportation of weapons and the 2 establishment, use, and maintenance of shooting ranges. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5735HV (2) 88 js/rh
H.F. 2502 Section 1. NEW SECTION . 335.26 Shooting ranges. 1 In approving the improvement of property acquired to 2 establish, use, and maintain a new shooting range or in 3 approving a substantial change to an existing shooting range 4 pursuant to section 657.9, subsection 1, the county zoning 5 commission, or if there is not a county zoning commission, 6 the county board of supervisors, shall apply and enforce 7 regulations and restrictions established for each zoning 8 district adopted pursuant to this chapter but shall not 9 otherwise require a person seeking approval to comply with any 10 conditions relating to the establishment, use, or maintenance 11 of the shooting range that are more stringent than those 12 imposed by state law. 13 Sec. 2. NEW SECTION . 414.26 Shooting ranges. 14 In approving the improvement of property acquired to 15 establish, use, and maintain a new shooting range or in 16 approving a substantial change to an existing shooting range 17 pursuant to section 657.9, subsection 1, the city zoning 18 commission, or if there is not a city zoning commission, the 19 city council, shall apply and enforce zoning regulations and 20 restrictions established for each zoning district adopted 21 pursuant to this chapter but shall not otherwise require a 22 person seeking approval to comply with any conditions relating 23 to the establishment, use, or maintenance of the shooting range 24 that are more stringent than those imposed by state law. 25 Sec. 3. Section 724.28, subsections 2 and 3, Code 2020, are 26 amended to read as follows: 27 2. A political subdivision of the state shall not enact 28 an ordinance regulating the ownership, possession, legal 29 transfer, lawful transportation, modification, registration, or 30 licensing of firearms , firearms attachments, or other weapons 31 when the ownership, possession, transfer, or transportation , or 32 modification is otherwise lawful under the laws of this state. 33 An ordinance regulating firearms , firearms attachments, or 34 other weapons in violation of this section existing on or after 35 -1- LSB 5735HV (2) 88 js/rh 1/ 4
H.F. 2502 April 5, 1990, is void. 1 3. If a political subdivision of the state, prior to, 2 on, or after July 1, 2017 2020 , adopts, makes, enacts, or 3 amends any ordinance, measure, enactment, rule, resolution, 4 motion, or policy regulating the ownership, possession, legal 5 transfer, lawful transportation, modification, registration, or 6 licensing of firearms , firearms attachments, or other weapons 7 when the ownership, possession, transfer, transportation, 8 modification, registration, or license licensing of firearms, 9 firearms attachments, or other weapons is otherwise lawful 10 under the laws of this state, a person adversely affected by 11 the ordinance, measure, enactment, rule, resolution, motion, or 12 policy may file suit in the appropriate court for declaratory 13 and injunctive relief for damages and all damages attributable 14 to the violation. A court shall also award the prevailing 15 party in any such lawsuit reasonable attorney fees and court 16 costs . 17 Sec. 4. Section 724.28, Code 2020, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 4. A political subdivision of the state 20 may restrict the carrying, possession, or transportation 21 of firearms or other dangerous weapons in the buildings or 22 physical structures located on property under the political 23 subdivision’s control if adequate arrangements are made by the 24 political subdivision to screen persons for firearms or other 25 dangerous weapons and the political subdivision provides armed 26 security personnel inside the building or physical structure 27 where the restriction is to be in effect. 28 NEW SUBSECTION . 5. A political subdivision of the state 29 shall not enact an ordinance, motion, resolution, or amendment 30 regulating the storage of weapons or ammunition. An ordinance, 31 motion, resolution, or amendment regulating the storage of 32 weapons or ammunition existing on or after July 1, 2020, is 33 void. This subsection shall not be construed to preclude a 34 political subdivision from regulating the storage of explosive 35 -2- LSB 5735HV (2) 88 js/rh 2/ 4
H.F. 2502 materials consistent with chapter 101A. 1 Sec. 5. NEW SECTION . 724.32 County courthouse —— weapon 2 prohibitions. 3 A supreme court or judicial branch order that prohibits 4 a person from lawfully carrying, possessing, or transporting 5 a weapon in a county courthouse or other joint-use public 6 facility shall be unenforceable unless the judicial order 7 applies only to a courtroom or a court office, or to a 8 courthouse used only for judicial branch functions. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the carrying, possession, or 13 transportation of weapons in buildings or physical structures 14 located on property under the control of a political 15 subdivision and in county courthouses, and the regulation by 16 counties and cities relating to the storage of weapons and 17 shooting ranges. 18 Current law requires a person to obtain the approval of 19 the appropriate county or city zoning commission, or if the 20 county or city does not have a zoning commission, the county 21 board of supervisors or the city council, before improving 22 property acquired to establish, use, and maintain a shooting 23 range or before substantially changing the existing use of a 24 shooting range. The bill requires the appropriate commission, 25 the county board of supervisors, or the city council to apply 26 and enforce zoning regulations and restrictions that have been 27 properly adopted, but prohibits the appropriate commission, 28 the county board of supervisors, or the city council from 29 otherwise requiring the person seeking approval to comply with 30 any conditions on the establishment, use, or maintenance of a 31 shooting range that are more stringent than those imposed by 32 state law. 33 Current law provides that a political subdivision shall not 34 enact, adopt, make, or amend any ordinance, measure, enactment, 35 -3- LSB 5735HV (2) 88 js/rh 3/ 4
H.F. 2502 rule, resolution, motion, or policy that regulates the 1 ownership, possession, legal transfer, lawful transportation, 2 registration, or licensing of firearms when the ownership, 3 possession, transfer, transportation, registration, or license 4 is otherwise lawful, and that a person adversely affected 5 by such an ordinance, measure, enactment, rule, resolution, 6 motion, or policy may file suit in the appropriate court for 7 declaratory and injunctive relief for damages. The bill 8 extends this prohibition to modifications and further provides 9 that the prohibition applies to firearm attachments and other 10 weapons. The bill provides that a person adversely affected 11 may also file a lawsuit for damages attributable to the 12 violation. The bill provides that a court shall also award the 13 prevailing party reasonable attorney fees and court costs. 14 The bill provides that political subdivisions may restrict 15 the carrying, possession, or transportation of firearms or 16 other dangerous weapons in the buildings or physical structures 17 located on property under the political subdivision’s control 18 if arrangements are made to screen persons entering into the 19 building or physical structure and the political subdivision 20 provides armed security personnel inside the building or 21 physical structure. 22 The bill prohibits a political subdivision from enacting 23 an ordinance, motion, resolution, or amendment regulating 24 the storage of weapons or ammunition and any such ordinance, 25 motion, resolution, or amendment existing on or after July 1, 26 2020, is void. However, the bill does not preclude a political 27 subdivision from regulating the storage of explosive materials 28 consistent with Code chapter 101A. 29 The bill provides that a supreme court or judicial branch 30 order that prohibits a person from carrying, possessing, or 31 transporting a weapon in a county courthouse or other joint-use 32 public facility shall be unenforceable unless the judicial 33 order applies only to a courtroom or a court office, or to a 34 courthouse used only for judicial branch functions. 35 -4- LSB 5735HV (2) 88 js/rh 4/ 4