H.F. 518 Section 1. NEW SECTION . 724A.1 Short title. 1 This chapter may be cited and referred to as the “Second 2 Amendment Preservation Act” . 3 Sec. 2. NEW SECTION . 724A.2 Definition. 4 As used in this chapter, “law-abiding citizen” means a person 5 who is not otherwise precluded under state law from possessing 6 a firearm and shall not be construed to include anyone who is 7 not legally present in the United States or the state of Iowa. 8 Sec. 3. NEW SECTION . 724A.3 Legislative findings. 9 The general assembly finds and declares the following: 10 1. The general assembly is firmly resolved to support and 11 defend the Constitution of the United States against every 12 aggression, whether foreign or domestic, and is duty-bound to 13 oppose every infraction of those principles that constitute the 14 basis of the United States because only a faithful observance 15 of those principles can secure the nation’s existence and the 16 public happiness. 17 2. Acting through the Constitution of the United States, the 18 people of the several states created the federal government to 19 be their agent in the exercise of a few defined powers, while 20 reserving for the state governments the power to legislate on 21 matters concerning the lives, liberties, and properties of 22 citizens in the ordinary course of affairs. 23 3. The limitation of the federal government’s power is 24 affirmed under the tenth amendment to the Constitution of the 25 United States, which defines the total scope of federal power 26 as being that which has been delegated by the people of the 27 several states to the federal government, and all power not 28 delegated to the federal government in the Constitution of the 29 United States is reserved to the states respectively or to the 30 people themselves. 31 4. If the federal government assumes powers that the people 32 did not grant it in the Constitution of the United States, its 33 acts are unauthoritative, void, and of no force. 34 5. The several states of the United States respect 35 -1- LSB 1891YH (6) 89 js/rh 1/ 7

H.F. 518 the proper role of the federal government but reject the 1 proposition that such respect requires unlimited submission. 2 If the government, created by a compact among the states, 3 was the exclusive or final judge of the extent of the powers 4 granted to it by the states through the Constitution of the 5 United States, the federal government’s discretion, and not 6 the Constitution of the United States, would necessarily 7 become the measure of those powers. To the contrary, as in 8 all other cases of compacts among powers having no common 9 judge, each party has an equal right to judge for itself as to 10 whether infractions of the compact have occurred, as well as 11 to determine the mode and measure of redress. Although the 12 several states have granted supremacy to laws and treaties made 13 under the powers granted in the Constitution of the United 14 States, such supremacy does not extend to various federal 15 statutes, executive orders, administrative orders, court 16 orders, rules, regulations, or other actions that collect data 17 or restrict or prohibit the manufacture, ownership, and use 18 of firearms, firearm accessories, or ammunition exclusively 19 within the borders of Iowa. Such statutes, executive orders, 20 administrative orders, court orders, rules, regulations, 21 and other actions exceed the powers granted to the federal 22 government except to the extent they are necessary and proper 23 for governing and regulating the United States armed forces 24 or for organizing, arming, and disciplining militia forces 25 actively employed in the service of the United States armed 26 forces. 27 6. The people of the several states have given the United 28 States Congress the power “to regulate commerce with foreign 29 nations, and among the several states”, but “regulating 30 commerce” does not include the power to limit citizens’ right 31 to keep and bear arms in defense of their families, neighbors, 32 persons, or property, or to dictate what sort of arms and 33 accessories law-abiding Iowans may buy, sell, exchange, or 34 otherwise possess within the borders of this state. 35 -2- LSB 1891YH (6) 89 js/rh 2/ 7

H.F. 518 7. The people of the several states have also granted the 1 United States Congress the power “to lay and collect taxes, 2 duties, imposts and excises, to pay the debts and provide for 3 the common defense and general welfare of the United States” 4 and “to make all laws which shall be necessary and proper for 5 carrying into execution” the powers vested by the Constitution 6 of the United States “in the government of the United States, 7 or in any department or officer thereof”. These constitutional 8 provisions merely identify the means by which the federal 9 government may execute its limited powers and shall not be 10 construed to grant unlimited power because to do so would be 11 to destroy the carefully constructed equilibrium between the 12 federal and state governments. Consequently, the general 13 assembly rejects any claim that the taxing and spending powers 14 of the United States Congress may be used to diminish in any 15 way the right of the people to keep and bear arms. 16 8. The people of Iowa have vested the general assembly 17 with the authority to regulate the manufacture, possession, 18 exchange, and use of firearms firearm accessories, or 19 ammunition within the borders of this state, subject only to 20 the limits imposed by the second amendment to the Constitution 21 of the United States and the Constitution of the State of Iowa. 22 9. The general assembly of the state of Iowa strongly 23 promotes responsible firearm ownership, including parental 24 supervision of minors in the proper use, storage, and ownership 25 of all firearms; the prompt reporting of stolen firearms; and 26 the proper enforcement of all state firearm laws. The general 27 assembly of the state of Iowa hereby condemns any unlawful 28 transfer of firearms and the use of any firearm in any criminal 29 or unlawful activity. 30 Sec. 4. NEW SECTION . 724A.4 Federal infringements on the 31 right to keep and bear arms. 32 Federal infringements on the people’s right to keep and bear 33 arms, as guaranteed by the second amendment to the Constitution 34 of the United States, within the borders of this state include 35 -3- LSB 1891YH (6) 89 js/rh 3/ 7

H.F. 518 but shall not be limited to the following federal acts, laws, 1 executive orders, administrative orders, court orders, rules, 2 and regulations: 3 1. Any tax, levy, fee, or stamp imposed on firearms, firearm 4 accessories, or ammunition not common to all other goods and 5 services and that might reasonably be expected to create a 6 chilling effect on the purchase or ownership of firearms, 7 firearm accessories, or ammunition by law-abiding citizens. 8 2. Any registering or tracking of firearms, firearm 9 accessories, or ammunition that might reasonably be expected 10 to create a chilling effect on the purchase or ownership of 11 firearms, firearm accessories, or ammunition by law-abiding 12 citizens. 13 3. Any registering or tracking of the owners of firearms, 14 firearm accessories, or ammunition that might reasonably 15 be expected to create a chilling effect on the purchase or 16 ownership of firearms, firearm accessories, or ammunition by 17 law-abiding citizens. 18 4. Any act forbidding the possession, ownership, use, or 19 transfer of firearms, firearm accessories, or ammunition by 20 law-abiding citizens. 21 5. Any act ordering the confiscation of firearms, firearm 22 accessories, or ammunition from law-abiding citizens. 23 Sec. 5. NEW SECTION . 724A.5 Federal infringement void. 24 All federal acts, laws, executive orders, administrative 25 orders, court orders, rules, and regulations, regardless if 26 enacted before or after the provisions this chapter, that 27 infringe on the people’s right to keep and bear arms as 28 guaranteed by the second amendment to the Constitution of the 29 United States shall be invalid in this state, shall not be 30 recognized by this state, shall be specifically rejected by 31 this state, and shall have no effect in this state. 32 Sec. 6. NEW SECTION . 724A.6 Protection of right to keep and 33 bear arms. 34 It shall be the duty of the courts and law enforcement 35 -4- LSB 1891YH (6) 89 js/rh 4/ 7

H.F. 518 agencies of this state to protect the rights of law-abiding 1 citizens to keep and bear arms within the borders of this state 2 and to protect these rights from the infringements described 3 in section 724A.4. 4 Sec. 7. NEW SECTION . 724A.7 Enforcement of infringement of 5 right to keep and bear arms prohibited. 6 No person, including any public officer or employee of this 7 state or any political subdivision of this state, shall have 8 the authority to enforce or attempt to enforce any federal 9 acts, laws, executive orders, administrative orders, court 10 orders, rules, regulations, statutes, or ordinances infringing 11 on the right to keep and bear arms as described in section 12 724A.4. 13 Sec. 8. NEW SECTION . 724A.8 Liability for violation —— 14 attorney fees. 15 1. Any entity that acts knowingly to violate the provisions 16 of this chapter while acting under color of any state or 17 federal law, including any political subdivision or law 18 enforcement agency that employs a law enforcement officer who 19 acts knowingly to violate the provisions of this chapter while 20 acting under color of any state or federal law, shall be liable 21 to the injured party in an action at law, suit in equity, or 22 other proper proceeding for redress. 23 2. In such actions, the court may award the prevailing 24 party, other than the state or any political subdivision of the 25 state, reasonable attorney fees and costs. 26 3. Sovereign, official, or qualified immunity shall not be 27 an affirmative defense in actions pursued under this section. 28 Sec. 9. NEW SECTION . 724A.9 Actions for violations. 29 1. Any person residing or conducting business in a 30 jurisdiction who believes that a law enforcement officer or 31 supervisor of law enforcement officers of such jurisdiction has 32 taken action that violates this chapter shall have standing 33 to pursue an action against the jurisdiction that employs the 34 officer or supervisor for declaratory judgment in the district 35 -5- LSB 1891YH (6) 89 js/rh 5/ 7

H.F. 518 court of the county in which the action allegedly occurred, or 1 in the district court of Polk county. 2 2. If a court determines that a law enforcement officer or 3 supervisor of law enforcement officers has taken any action 4 that violates this chapter, the jurisdiction that employs 5 the law enforcement officer or supervisor of law enforcement 6 officers found to have violated this chapter shall be required 7 to pay court costs, attorney fees, and any other damages the 8 court finds necessary associated with the declaratory judgment 9 action that resulted in the finding of ineligibility. 10 3. Nothing in this section shall preclude a person’s right 11 of appeal or remediation. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill creates the second amendment preservation Act. 16 The bill defines “law-abiding citizen” to include a person 17 who is not otherwise precluded under state law from possessing 18 a firearm and does not include anyone who is not legally 19 present in the United States or the state of Iowa. The bill 20 affirms the state of Iowa’s authority to regulate firearms 21 within its borders. The bill prohibits the enforcement of any 22 federal infringement on the people’s right to keep and bear 23 arms. The bill provides examples of federal actions that are 24 considered infringements on the right to keep and bear arms, 25 including those actions that might reasonably be expected 26 to create a chilling effect on the purchase or ownership of 27 firearms, firearm accessories, or ammunition by law-abiding 28 citizens or any act ordering the confiscation of firearms, 29 firearm accessories, or ammunition from law-abiding citizens. 30 The bill declares void in the state a federal action that is 31 considered an infringement on the right to keep and bear arms. 32 The bill places a duty on courts and law enforcement agencies 33 of this state to protect the rights of law-abiding citizens 34 to keep and bear arms within the borders of this state and to 35 -6- LSB 1891YH (6) 89 js/rh 6/ 7

H.F. 518 protect these rights from the infringements defined in the 1 bill. The bill holds liable an entity that acts knowingly to 2 violate the provisions of the bill while acting under color 3 of any state or federal law. The bill also holds liable a 4 political subdivision or law enforcement agency that employs 5 a law enforcement officer who acts knowingly to violate the 6 provisions of the bill while acting under color of any state 7 or federal law. In an action for declaratory judgment, 8 a jurisdiction that employs a law enforcement officer or 9 supervisor of law enforcement officers who is found to have 10 violated the bill is responsible for paying court costs, 11 attorney fees, and any other damages the court determines are 12 necessary. 13 -7- LSB 1891YH (6) 89 js/rh 7/ 7