HF 2556 (LSB 2374HV (1) 90)

HOUSE FILE 2556

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 518)

A BILL FOR

An Act relating to damages against participants in firearms regulation violations by political subdivisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 724.28, subsection 3, Code 2023, is amended to read as follows:
   3.  If a political subdivision of the state, prior to, on, or after July 1, 2020, adopts, makes, enacts, or amends any ordinance, measure, enactment, rule, resolution, motion, or policy regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons is otherwise lawful under the laws of this state, a person adversely affected by the ordinance, measure, enactment, rule, resolution, motion, or policy may file suit in the appropriate court for declaratory and injunctive relief and all damages attributable to the violation, including all of the following:
   a.  The court shall assess the persons who participated in the violation damages in the amount of not more than five hundred dollars and not less than one hundred dollars per day of the violation. A However, if a person knowingly participated in such a violation, damages shall be in the amount of not more than two thousand five hundred dollars and not less than one thousand dollars per day of the violation. These damages shall be paid by the court imposing them to the political subdivision of the state.
   b.  The court shall also award the prevailing party in any such lawsuit reasonable attorney fees and court costs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to damages against participants in firearms regulation violations by political subdivisions. 
   Under current law, if a political subdivision violates the prohibition against firearms regulation, a person adversely affected may file suit in the appropriate court for declaratory and injunctive relief and all damages attributable to the violation. A court is required to award the prevailing party in any such lawsuit reasonable attorney fees and court costs. 
   In addition to such damages, the bill requires the court to assess damages against participants in the violation in the amount of not more than $500 and not less than $100 per day, or if a person knowingly participated in such a violation, in the amount of not more than $2,500 and not less than $1,000 per day. Damages under the bill are paid by the court to the political subdivision in question. Provisions similar to the bill’s requirements apply under current law to open records violations (Code chapter 22).