HF 2335 (LSB 5976YH (7) 90)

HOUSE FILE 2335

BY  SHIPLEY

A BILL FOR

An Act creating the second amendment preservation Act, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724A.1  Short title.
   This chapter may be cited and referred to as the “Second Amendment Preservation Act”.
    Sec. 2.  NEW SECTION.  724A.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Law-abiding citizen” means a person who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the state of Iowa.
   2.  “Material aid” includes but is not limited to voluntarily giving or allowing others to make use of lodging, communications equipment or services including social media accounts, facilities, weapons, personnel, transportation, clothing, or other physical assets. “Material aid” shall not include giving or allowing the use of medicine or other materials necessary to treat physical injuries or assistance provided to help persons escape a serious and present risk of life-threatening injuries.
   3.  “Political subdivision” means a city, county, township, or school district.
   4.  “Public office” means any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of the state for the exercise of any function of government.
   5.  “Public officer” includes all officers, employees, or duly authorized representatives or agents of a public office in the state.
    Sec. 3.  NEW SECTION.  724A.3  Legislative findings.
   The general assembly finds and declares the following:
   1.  The general assembly is firmly resolved to support and defend the Constitution of the United States against every aggression, whether foreign or domestic, and is duty-bound to oppose every infraction of those principles that constitute the basis of the United States because only a faithful observance of those principles can secure the nation’s existence and the public happiness.
   2.  Acting through the Constitution of the United States, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving for the state governments the power to legislate on matters concerning the lives, liberties, and properties of citizens in the ordinary course of affairs.
   3.  The limitation of the federal government’s power is affirmed under the tenth amendment to the Constitution of the United States, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively or to the people themselves.
   4.  If the federal government assumes powers that the people did not grant it in the Constitution of the United States, its acts are unauthoritative and of no force.
   5.  The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution of the United States, the federal government’s discretion, and not the Constitution of the United States, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the Constitution of the United States, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Iowa. Such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating the United States armed forces or for organizing, arming, and disciplining militia forces actively employed in the service of the United States armed forces.
   6.  The people of the several states have given the United States Congress the power “to regulate commerce with foreign nations, and among the several states”, but “regulating commerce” does not include the power to limit citizens’ right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate what sort of arms and accessories law-abiding citizens in Iowa may buy, sell, exchange, or otherwise possess within the borders of this state.
   7.  The people of the several states have also granted the United States Congress the power “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States” and “to make all laws which shall be necessary and proper for carrying into execution” the powers vested by the Constitution of the United States “in the government of the United States, or in any department or officer thereof”. These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not be construed to grant unlimited power because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the general assembly rejects any claim that the taxing and spending powers of the United States Congress may be used to diminish in any way the right of the people to keep and bear arms.
   8.  The general assembly finds that the federal excise tax rate on arms and ammunition in effect prior to January 1, 2024, which funds programs under the Act of Congress described in section 456A.27, does not have a chilling effect on the purchase or ownership of such arms and ammunition.
   9.  The people of Iowa have vested the general assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms, firearm accessories, or ammunition within the borders of this state, subject only to the limits imposed by the second amendment to the Constitution of the United States and the Constitution of the State of Iowa.
   10.  The general assembly of the state of Iowa strongly promotes responsible firearm ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms; the prompt reporting of stolen firearms; and the proper enforcement of all state firearm laws. The general assembly of the state of Iowa hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.
    Sec. 4.  NEW SECTION.  724A.4  Enforcement of infringement of right to keep and bear arms prohibited.
   1.  No public office, public officer, or employee of this state or any political subdivision of the state shall have the authority to enforce, attempt to enforce, or participate in any way in the enforcement of any federal Act, executive order, administrative order, rule, regulation, statute, or ordinance regarding firearms, firearm accessories, or ammunition against any law-abiding citizen.
   2.  No public office, public officer, or employee of this state or any political subdivision of the state shall accede to a request to give material aid or support to the efforts of another in the enforcement of or implementation of any federal Act, executive order, administrative order, rule, regulation, statute, or ordinance regarding firearms, firearm accessories, or ammunition against any law-abiding citizen.
    Sec. 5.  NEW SECTION.  724A.5  Liability for violation —— actions for violations —— attorney fees.
   1.  a.  Any political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly to violate the provisions of this chapter while acting under color of any state or federal law shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject to a civil penalty of fifty thousand dollars per violation.
   b.  Any law-abiding citizen injured under this subsection shall have standing to pursue an action for injunctive relief in the district court of the county in which the action allegedly occurred or in the district court of Polk county. The court shall hold a hearing on the motion for a temporary restraining order or a preliminary injunction within thirty days of service of the petition.
   2.  a.  Any political subdivision or law enforcement agency that knowingly employs an individual acting or who previously acted as an official, agent, employee, or deputy of the government of the United States, or otherwise acted under the color of federal law, who knowingly commits any of the following acts on or after July 1, 2024, shall be subject to a civil penalty of fifty thousand dollars for each such employee employed by the political subdivision or law enforcement agency:
   (1)  Enforces, attempts to enforce, or participates in any manner in the enforcement or implementation of any federal Act, executive order, administrative order, rule, regulation, statute, or ordinance regarding firearms, accessories, or ammunition.
   (2)  Gives material aid or support to the efforts of another in the enforcement or implementation of any federal Act, executive order, administrative order, rule, regulation, statute, or ordinance regarding firearms, accessories, or ammunition.
   b.  Any law-abiding citizen residing or conducting business in a jurisdiction who believes that an individual has taken action in violation of the provisions of this subsection shall have standing to pursue an action of injunctive relief in the district court of the county in which the action allegedly occurred or in the district court of Polk county. The court shall hold a hearing on the motion for a temporary restraining order or a preliminary injunction within thirty days of service of the petition.
   3.  In actions under this section, the court may award the prevailing party, other than the state or any political subdivision of the state, reasonable attorney fees and costs.
   4.  Sovereign immunity shall not be an affirmative defense in any action pursued under this section.
    Sec. 6.  NEW SECTION.  724A.6  When action is not a violation.
   1.  A person does not violate the provisions of this chapter when the person provides material aid to federal officers who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or country and such suspect is either not a citizen of this state or is not present in this state.
   2.  A person does not violate the provisions of this chapter when the person provides material aid to federal prosecutors for felony violations involving controlled substances or violations against another person when such prosecution includes weapons violations substantially similar to the laws of this state so long as such weapons violations are merely ancillary to such prosecution.
   3.  A person does not violate the provisions of this chapter when accepting federal assistance for the enforcement of the laws of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates the second amendment preservation Act.
   The bill defines the terms “law-abiding citizen”, “material aid”, “political subdivision”, “public office”, and “public officer”.
   The bill places a duty on courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and to protect these rights from the infringements defined in the bill. The bill holds liable a political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly to violate the provisions of the bill while acting under color of any state or federal law. The bill also provides that if a political subdivision or law enforcement agency knowingly employs an individual acting or who previously acted as an official, agent, employee, or deputy of the federal government or otherwise acted under the color of federal law within the borders of this state who knowingly enforced, attempted to enforce, participated in, or gave material aid and support to the efforts of another to enforce or attempt to enforce, an infringement identified in the bill, the political subdivision or law enforcement agency is subject to a civil penalty of $50,000 for each such person employed. In an action for injunctive relief, the court may hold a political subdivision or law enforcement agency that is found to have violated the bill responsible for paying reasonable attorney fees and costs.