H.F. 2335 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 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Law-abiding citizen” means a person who is not otherwise 7 precluded under state law from possessing a firearm and shall 8 not be construed to include anyone who is not legally present 9 in the United States or the state of Iowa. 10 2. “Material aid” includes but is not limited to 11 voluntarily giving or allowing others to make use of lodging, 12 communications equipment or services including social media 13 accounts, facilities, weapons, personnel, transportation, 14 clothing, or other physical assets. “Material aid” shall 15 not include giving or allowing the use of medicine or other 16 materials necessary to treat physical injuries or assistance 17 provided to help persons escape a serious and present risk of 18 life-threatening injuries. 19 3. “Political subdivision” means a city, county, township, 20 or school district. 21 4. “Public office” means any state agency, public 22 institution, political subdivision, or other organized body, 23 office, agency, institution, or entity established by the laws 24 of the state for the exercise of any function of government. 25 5. “Public officer” includes all officers, employees, or 26 duly authorized representatives or agents of a public office 27 in the state. 28 Sec. 3. NEW SECTION . 724A.3 Legislative findings. 29 The general assembly finds and declares the following: 30 1. The general assembly is firmly resolved to support and 31 defend the Constitution of the United States against every 32 aggression, whether foreign or domestic, and is duty-bound to 33 oppose every infraction of those principles that constitute the 34 basis of the United States because only a faithful observance 35 -1- LSB 5976YH (7) 90 as/js 1/ 7

H.F. 2335 of those principles can secure the nation’s existence and the 1 public happiness. 2 2. Acting through the Constitution of the United States, the 3 people of the several states created the federal government to 4 be their agent in the exercise of a few defined powers, while 5 reserving for the state governments the power to legislate on 6 matters concerning the lives, liberties, and properties of 7 citizens in the ordinary course of affairs. 8 3. The limitation of the federal government’s power is 9 affirmed under the tenth amendment to the Constitution of the 10 United States, which defines the total scope of federal power 11 as being that which has been delegated by the people of the 12 several states to the federal government, and all power not 13 delegated to the federal government in the Constitution of the 14 United States is reserved to the states respectively or to the 15 people themselves. 16 4. If the federal government assumes powers that the people 17 did not grant it in the Constitution of the United States, its 18 acts are unauthoritative and of no force. 19 5. The several states of the United States respect 20 the proper role of the federal government but reject the 21 proposition that such respect requires unlimited submission. 22 If the government, created by a compact among the states, 23 was the exclusive or final judge of the extent of the powers 24 granted to it by the states through the Constitution of the 25 United States, the federal government’s discretion, and not 26 the Constitution of the United States, would necessarily 27 become the measure of those powers. To the contrary, as in 28 all other cases of compacts among powers having no common 29 judge, each party has an equal right to judge for itself as to 30 whether infractions of the compact have occurred, as well as 31 to determine the mode and measure of redress. Although the 32 several states have granted supremacy to laws and treaties made 33 under the powers granted in the Constitution of the United 34 States, such supremacy does not extend to various federal 35 -2- LSB 5976YH (7) 90 as/js 2/ 7

H.F. 2335 statutes, executive orders, administrative orders, court 1 orders, rules, regulations, or other actions that collect data 2 or restrict or prohibit the manufacture, ownership, and use 3 of firearms, firearm accessories, or ammunition exclusively 4 within the borders of Iowa. Such statutes, executive orders, 5 administrative orders, court orders, rules, regulations, 6 and other actions exceed the powers granted to the federal 7 government except to the extent they are necessary and proper 8 for governing and regulating the United States armed forces 9 or for organizing, arming, and disciplining militia forces 10 actively employed in the service of the United States armed 11 forces. 12 6. The people of the several states have given the United 13 States Congress the power “to regulate commerce with foreign 14 nations, and among the several states”, but “regulating 15 commerce” does not include the power to limit citizens’ 16 right to keep and bear arms in defense of their families, 17 neighbors, persons, or property, or to dictate what sort of 18 arms and accessories law-abiding citizens in Iowa may buy, 19 sell, exchange, or otherwise possess within the borders of this 20 state. 21 7. The people of the several states have also granted the 22 United States Congress the power “to lay and collect taxes, 23 duties, imposts and excises, to pay the debts and provide for 24 the common defense and general welfare of the United States” 25 and “to make all laws which shall be necessary and proper for 26 carrying into execution” the powers vested by the Constitution 27 of the United States “in the government of the United States, 28 or in any department or officer thereof”. These constitutional 29 provisions merely identify the means by which the federal 30 government may execute its limited powers and shall not be 31 construed to grant unlimited power because to do so would be 32 to destroy the carefully constructed equilibrium between the 33 federal and state governments. Consequently, the general 34 assembly rejects any claim that the taxing and spending powers 35 -3- LSB 5976YH (7) 90 as/js 3/ 7

H.F. 2335 of the United States Congress may be used to diminish in any 1 way the right of the people to keep and bear arms. 2 8. The general assembly finds that the federal excise tax 3 rate on arms and ammunition in effect prior to January 1, 4 2024, which funds programs under the Act of Congress described 5 in section 456A.27, does not have a chilling effect on the 6 purchase or ownership of such arms and ammunition. 7 9. The people of Iowa have vested the general assembly 8 with the authority to regulate the manufacture, possession, 9 exchange, and use of firearms, firearm accessories, or 10 ammunition within the borders of this state, subject only to 11 the limits imposed by the second amendment to the Constitution 12 of the United States and the Constitution of the State of Iowa. 13 10. The general assembly of the state of Iowa strongly 14 promotes responsible firearm ownership, including parental 15 supervision of minors in the proper use, storage, and ownership 16 of all firearms; the prompt reporting of stolen firearms; and 17 the proper enforcement of all state firearm laws. The general 18 assembly of the state of Iowa hereby condemns any unlawful 19 transfer of firearms and the use of any firearm in any criminal 20 or unlawful activity. 21 Sec. 4. NEW SECTION . 724A.4 Enforcement of infringement of 22 right to keep and bear arms prohibited. 23 1. No public office, public officer, or employee of this 24 state or any political subdivision of the state shall have the 25 authority to enforce, attempt to enforce, or participate in any 26 way in the enforcement of any federal Act, executive order, 27 administrative order, rule, regulation, statute, or ordinance 28 regarding firearms, firearm accessories, or ammunition against 29 any law-abiding citizen. 30 2. No public office, public officer, or employee of this 31 state or any political subdivision of the state shall accede 32 to a request to give material aid or support to the efforts of 33 another in the enforcement of or implementation of any federal 34 Act, executive order, administrative order, rule, regulation, 35 -4- LSB 5976YH (7) 90 as/js 4/ 7

H.F. 2335 statute, or ordinance regarding firearms, firearm accessories, 1 or ammunition against any law-abiding citizen. 2 Sec. 5. NEW SECTION . 724A.5 Liability for violation —— 3 actions for violations —— attorney fees. 4 1. a. Any political subdivision or law enforcement agency 5 that employs a law enforcement officer who acts knowingly to 6 violate the provisions of this chapter while acting under color 7 of any state or federal law shall be liable to the injured 8 party in an action at law, suit in equity, or other proper 9 proceeding for redress, and subject to a civil penalty of fifty 10 thousand dollars per violation. 11 b. Any law-abiding citizen injured under this subsection 12 shall have standing to pursue an action for injunctive relief 13 in the district court of the county in which the action 14 allegedly occurred or in the district court of Polk county. 15 The court shall hold a hearing on the motion for a temporary 16 restraining order or a preliminary injunction within thirty 17 days of service of the petition. 18 2. a. Any political subdivision or law enforcement agency 19 that knowingly employs an individual acting or who previously 20 acted as an official, agent, employee, or deputy of the 21 government of the United States, or otherwise acted under 22 the color of federal law, who knowingly commits any of the 23 following acts on or after July 1, 2024, shall be subject to a 24 civil penalty of fifty thousand dollars for each such employee 25 employed by the political subdivision or law enforcement 26 agency: 27 (1) Enforces, attempts to enforce, or participates in any 28 manner in the enforcement or implementation of any federal 29 Act, executive order, administrative order, rule, regulation, 30 statute, or ordinance regarding firearms, accessories, or 31 ammunition. 32 (2) Gives material aid or support to the efforts of 33 another in the enforcement or implementation of any federal 34 Act, executive order, administrative order, rule, regulation, 35 -5- LSB 5976YH (7) 90 as/js 5/ 7

H.F. 2335 statute, or ordinance regarding firearms, accessories, or 1 ammunition. 2 b. Any law-abiding citizen residing or conducting business 3 in a jurisdiction who believes that an individual has taken 4 action in violation of the provisions of this subsection shall 5 have standing to pursue an action of injunctive relief in the 6 district court of the county in which the action allegedly 7 occurred or in the district court of Polk county. The court 8 shall hold a hearing on the motion for a temporary restraining 9 order or a preliminary injunction within thirty days of service 10 of the petition. 11 3. In actions under this section, the court may award 12 the prevailing party, other than the state or any political 13 subdivision of the state, reasonable attorney fees and costs. 14 4. Sovereign immunity shall not be an affirmative defense in 15 any action pursued under this section. 16 Sec. 6. NEW SECTION . 724A.6 When action is not a violation. 17 1. A person does not violate the provisions of this chapter 18 when the person provides material aid to federal officers 19 who are in pursuit of a suspect when there is a demonstrable 20 criminal nexus with another state or country and such suspect 21 is either not a citizen of this state or is not present in this 22 state. 23 2. A person does not violate the provisions of this chapter 24 when the person provides material aid to federal prosecutors 25 for felony violations involving controlled substances or 26 violations against another person when such prosecution 27 includes weapons violations substantially similar to the laws 28 of this state so long as such weapons violations are merely 29 ancillary to such prosecution. 30 3. A person does not violate the provisions of this chapter 31 when accepting federal assistance for the enforcement of the 32 laws of the state. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -6- LSB 5976YH (7) 90 as/js 6/ 7

H.F. 2335 the explanation’s substance by the members of the general assembly. 1 This bill creates the second amendment preservation Act. 2 The bill defines the terms “law-abiding citizen”, “material 3 aid”, “political subdivision”, “public office”, and “public 4 officer”. 5 The bill places a duty on courts and law enforcement agencies 6 of this state to protect the rights of law-abiding citizens 7 to keep and bear arms within the borders of this state and to 8 protect these rights from the infringements defined in the 9 bill. The bill holds liable a political subdivision or law 10 enforcement agency that employs a law enforcement officer who 11 acts knowingly to violate the provisions of the bill while 12 acting under color of any state or federal law. The bill also 13 provides that if a political subdivision or law enforcement 14 agency knowingly employs an individual acting or who previously 15 acted as an official, agent, employee, or deputy of the federal 16 government or otherwise acted under the color of federal law 17 within the borders of this state who knowingly enforced, 18 attempted to enforce, participated in, or gave material aid 19 and support to the efforts of another to enforce or attempt to 20 enforce, an infringement identified in the bill, the political 21 subdivision or law enforcement agency is subject to a civil 22 penalty of $50,000 for each such person employed. In an 23 action for injunctive relief, the court may hold a political 24 subdivision or law enforcement agency that is found to have 25 violated the bill responsible for paying reasonable attorney 26 fees and costs. 27 -7- LSB 5976YH (7) 90 as/js 7/ 7