H.F. 2718 Section 1. NEW SECTION . 724.33 Anti-red flag gun seizure. 1 1. This section may be cited and referred to as the 2 “Anti-Red Flag Gun Seizure Act” . 3 2. For purposes of this section: 4 a. “Law-abiding citizen” means a person that is not 5 otherwise precluded under state law from possessing a firearm. 6 b. “Red flag law” means any of the following: 7 (1) A firearm control law, order, or measure that directs 8 the temporary or permanent seizure of any firearm, firearm 9 accessory, or ammunition of an individual. 10 (2) A federal statute, federal rule, federal executive 11 order, or federal judicial order or finding, or any state 12 statute, state rule, state executive order, or state judicial 13 order or finding, that does any of the following: 14 (a) Prohibits a resident from owning, possessing, 15 transporting, transferring, or receiving any firearm, firearm 16 accessory, or ammunition without the conviction of a violent 17 felony crime or other disqualification under section 724.8B. 18 (b) Orders the removal or requires the surrender of any 19 firearm, firearm accessory, or ammunition from a resident 20 except persons lawfully in custody or persons who have been 21 released after the execution of a bail bond after having been 22 charged with a violent felony as described in section 724.8B. 23 3. Any federal order of protection, other judicial order 24 issued by a federal court, or federal executive order that is 25 a red flag law or otherwise directs the confiscation of any 26 firearm, firearm accessory, or ammunition from any law-abiding 27 citizen within the borders of this state shall not be enforced 28 in this state by any state agency, political subdivision, or 29 state or local law enforcement agency. 30 4. No state agency, political subdivision, or state or local 31 law enforcement agency shall receive any federal moneys for 32 the purpose of enforcing any federal statute, federal rule, 33 federal executive order, or federal judicial order or findings, 34 or for the purpose of enforcing any state statute, state rule, 35 -1- LSB 2143HV (2) 91 sb/js 1/ 4

H.F. 2718 state executive order, or state judicial order or findings, 1 that would have the effect of enforcing a red flag law against 2 a resident. 3 5. No state entity or employee thereof, political 4 subdivision or employee thereof, or other person shall have 5 the authority to enforce or attempt to enforce a red flag law 6 regardless of the red flag law’s origin or the authority of the 7 issuing entity. This subsection shall not apply to any agent 8 of the federal government enforcing a federal law or federal 9 order. 10 6. Nothing in this section shall be construed to prevent a 11 firearm, firearm accessory, or ammunition from being seized as 12 evidence by law enforcement in the course of an investigation. 13 7. a. A political subdivision or state or local law 14 enforcement agency that employs a law enforcement officer who 15 knowingly acts to violate this section and enforce a red flag 16 law under any state or federal statute, rule, executive order, 17 or judicial order or finding shall be liable to the party 18 against whom the red flag law was enforced in an action at law, 19 suit in equity, or other proper proceeding for redress and 20 shall be subject to a civil penalty of fifty thousand dollars 21 per occurrence. 22 b. Any person injured under this section shall have standing 23 to pursue an action for injunctive relief in the district court 24 of the county in which the action allegedly occurred or in the 25 district court of Polk county. 26 c. The court shall hold a hearing on any motion for a 27 temporary restraining order or preliminary injunction within 28 thirty days of service of the petition. 29 d. In an action brought under this section by a party 30 against whom the red flag law was enforced, a court may order 31 injunctive or other equitable relief, recovery of damages, 32 other legal remedies, and payment of reasonable attorney fees, 33 costs, and expenses of the party. The relief and remedies set 34 forth in this section shall not be deemed exclusive and shall 35 -2- LSB 2143HV (2) 91 sb/js 2/ 4

H.F. 2718 be in addition to any other relief or remedies permitted by 1 law. The court may award the prevailing party, if not the 2 state or a political subdivision thereof, reasonable attorney 3 fees and costs. 4 e. Sovereign immunity shall not be an affirmative defense to 5 any action brought under this section. 6 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 7 importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill establishes the “Anti-Red Flag Gun Seizure Act” 12 related to the seizure of firearms. 13 For purposes of the bill, “red flag law” is defined as any 14 firearm control law, order, or measure that directs the seizure 15 of any firearm of an individual; or any federal or state rule, 16 statute, or judicial order that prohibits a resident from 17 owning or receiving any firearm, or any order for the removal 18 or surrender of any firearm, unless such resident is lawfully 19 in custody or has been released after the execution of a bail 20 bond after having been charged with a violent felony. 21 The bill provides that any red flag law that directs the 22 confiscation of any firearm from any law-abiding citizen within 23 Iowa will not be enforced within Iowa. 24 The bill prohibits any state agency, political subdivision, 25 or state or local law enforcement agency from receiving any 26 federal funds for the purpose of enforcing any federal law, 27 order, or judicial finding or for the purpose of enforcing any 28 state statute, rule, order, or judicial finding that would have 29 the effect of enforcing a red flag law against a resident. 30 The bill prohibits any person, including a state entity 31 or employee thereof, or political subdivision or employee 32 thereof, from enforcing or attempting to enforce a red flag law 33 regardless of the red flag law’s origin or the authority of the 34 issuing entity, except that this prohibition shall not apply 35 -3- LSB 2143HV (2) 91 sb/js 3/ 4

H.F. 2718 to any agent of the federal government enforcing a federal law 1 or federal order. 2 The bill provides that any political subdivision or state 3 or local law enforcement agency that employs a law enforcement 4 officer that knowingly violates the provisions of the bill is 5 liable to the party against whom a red flag law was enforced 6 and additionally will be subject to a civil penalty of $50,000 7 per occurrence. 8 In any action brought under the provisions of the bill, a 9 court may order injunctive or other equitable relief, recovery 10 of damages, other legal remedies, and payment of reasonable 11 attorney fees, costs, and expenses of the party. Such relief 12 must not be exclusive and additional relief or remedies may be 13 awarded as otherwise permitted by law. 14 The bill takes effect upon enactment. 15 -4- LSB 2143HV (2) 91 sb/js 4/ 4