House
File
518
-
Introduced
HOUSE
FILE
518
BY
GUSTOFF
A
BILL
FOR
An
Act
relating
to
damages
against
participants
in
firearms
1
regulation
violations
by
political
subdivisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
518
Section
1.
Section
724.28,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
If
a
political
subdivision
of
the
state,
prior
to,
on,
3
or
after
July
1,
2020,
adopts,
makes,
enacts,
or
amends
any
4
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
5
policy
regulating
the
ownership,
possession,
carrying,
legal
6
transfer,
lawful
transportation,
modification,
registration,
7
or
licensing
of
firearms,
firearms
attachments,
or
other
8
weapons
when
the
ownership,
possession,
carrying,
transfer,
9
transportation,
modification,
registration,
or
licensing
10
of
firearms,
firearms
attachments,
or
other
weapons
is
11
otherwise
lawful
under
the
laws
of
this
state,
a
person
12
adversely
affected
by
the
ordinance,
measure,
enactment,
rule,
13
resolution,
motion,
or
policy
may
file
suit
in
the
appropriate
14
court
for
declaratory
and
injunctive
relief
and
all
damages
15
attributable
to
the
violation
,
including
all
of
the
following:
16
a.
The
court
shall
assess
the
persons
who
participated
17
in
the
violation
damages
in
the
amount
of
not
more
than
18
five
hundred
dollars
and
not
less
than
one
hundred
dollars
19
per
day
of
the
violation
.
A
However,
if
a
person
knowingly
20
participated
in
such
a
violation,
damages
shall
be
in
the
21
amount
of
not
more
than
two
thousand
five
hundred
dollars
and
22
not
less
than
one
thousand
dollars
per
day
of
the
violation.
23
These
damages
shall
be
paid
by
the
court
imposing
them
to
the
24
political
subdivision
of
the
state.
25
b.
The
court
shall
also
award
the
prevailing
party
in
any
26
such
lawsuit
reasonable
attorney
fees
and
court
costs.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
damages
against
participants
in
31
firearms
regulation
violations
by
political
subdivisions.
32
Under
current
law,
if
a
political
subdivision
violates
the
33
prohibition
against
firearms
regulation,
a
person
adversely
34
affected
may
file
suit
in
the
appropriate
court
for
declaratory
35
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LSB
2374YH
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90
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2
H.F.
518
and
injunctive
relief
and
all
damages
attributable
to
the
1
violation.
A
court
is
required
to
award
the
prevailing
party
2
in
any
such
lawsuit
reasonable
attorney
fees
and
court
costs.
3
In
addition
to
such
damages,
the
bill
requires
the
court
to
4
assess
damages
against
participants
in
the
violation
in
the
5
amount
of
not
more
than
$500
and
not
less
than
$100
per
day,
6
or
if
a
person
knowingly
participated
in
such
a
violation,
in
7
the
amount
of
not
more
than
$2,500
and
not
less
than
$1,000
8
per
day.
Damages
under
the
bill
are
paid
by
the
court
to
the
9
political
subdivision
in
question.
Provisions
similar
to
the
10
bill’s
requirements
apply
under
current
law
to
open
records
11
violations
(Code
chapter
22).
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