HF 430 (LSB 2143YH (2) 91)

HOUSE FILE 430

BY  SHIPLEY

A BILL FOR

An Act relating to the seizure of firearms without the adjudication of a contested court case, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  724.33  Anti-red flag gun seizure.
   1.  This section may be cited and referred to as the “Anti-Red Flag Gun Seizure Act”.
   2.  For purposes of this section:
   a.  “Law-abiding citizen” means a person that is not otherwise precluded under state law from possessing a firearm.
   b.  “Red flag law” means any of the following:
   (1)  A firearm control law, order, or measure that directs the temporary or permanent seizure of any firearm, firearm accessory, or ammunition of an individual without the adjudication of a contested court case.
   (2)  A federal statute, federal rule, federal executive order, or federal judicial order or finding, or any state statute, state rule, state executive order, or state judicial order or finding, that does any of the following:
   (a)  Prohibits a resident from owning, possessing, transporting, transferring, or receiving any firearm, firearm accessory, or ammunition without the conviction of a violent felony crime or other disqualification under section 724.8B.
   (b)  Orders the removal or requires the surrender of any firearm, firearm accessory, or ammunition from a resident without the conviction of a violent felony crime or other disqualification under section 724.8B.
   3.  Any federal order of protection, other judicial order issued by a federal court, or federal executive order that is a red flag law or otherwise directs the confiscation of any firearm, firearm accessory, or ammunition from any law-abiding citizen within the borders of this state shall not be enforced in this state by any state agency, political subdivision, or state or local law enforcement agency.
   4.  No state agency, political subdivision, or state or local law enforcement agency shall receive any federal moneys for the purpose of enforcing any federal statute, federal rule, federal executive order, or federal judicial order or findings, or for the purpose of enforcing any state statute, state rule, state executive order, or state judicial order or findings, that would have the effect of enforcing a red flag law against a resident.
   5.  No state entity or employee thereof, political subdivision or employee thereof, or other person shall have the authority to enforce or attempt to enforce a red flag law regardless of the red flag law’s origin or the authority of the issuing entity. This subsection shall not apply to any agent of the federal government enforcing a federal law or federal order.
   6.  Nothing in this section shall be construed to prevent a firearm, firearm accessory, or ammunition from being seized as evidence by law enforcement in the course of an investigation.
   7.  a.  A political subdivision or state or local law enforcement agency that employs a law enforcement officer who knowingly acts to violate this section and enforce a red flag law under any state or federal statute, rule, executive order, or judicial order or finding shall be liable to the party against whom the red flag law was enforced in an action at law, suit in equity, or other proper proceeding for redress and shall be subject to a civil penalty of fifty thousand dollars per occurrence.
   b.  Any person injured under this section 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.
   c.  The court shall hold a hearing on any motion for a temporary restraining order or preliminary injunction within thirty days of service of the petition.
   d.  In an action brought under this section by a party against whom the red flag law was enforced, a court may order injunctive or other equitable relief, recovery of damages, other legal remedies, and payment of reasonable attorney fees, costs, and expenses of the party. The relief and remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other relief or remedies permitted by law. The court may award the prevailing party, if not the state or a political subdivision thereof, reasonable attorney fees and costs.
   e.  Sovereign immunity shall not be an affirmative defense to any action brought under this section.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the “Anti-Red Flag Gun Seizure Act” related to the seizure of firearms without the adjudication of a contested court case.
   For purposes of the bill, “red flag law” is defined as any firearm control law, order, or measure that directs the seizure of any firearm of an individual without the adjudication of a contested court case; or any federal or state rule, statute, or judicial order that prohibits a resident from owning or receiving any firearm, or any order for the removal or surrender of any firearm, unless such resident is convicted of a violent felony or is otherwise disqualified pursuant to Code section 724.8B.
   The bill provides that any red flag law that directs the confiscation of any firearm from any law-abiding citizen within Iowa will not be enforced within Iowa.
   The bill prohibits any state agency, political subdivision, or state or local law enforcement agency from receiving any federal funds for the purpose of enforcing any federal law, order, or judicial finding or for the purpose of enforcing any state statute, rule, order, or judicial finding that would have the effect of enforcing a red flag law against a resident.
   The bill prohibits any person, including a state entity or employee thereof, or political subdivision or employee thereof, from enforcing or attempting to enforce a red flag law regardless of the red flag law’s origin or the authority of the issuing entity, except that this prohibition shall not apply to any agent of the federal government enforcing a federal law or federal order.
   The bill provides that any political subdivision or state or local law enforcement agency that employs a law enforcement officer that knowingly violates the provisions of the bill is liable to the party against whom a red flag law was enforced and additionally will be subject to a civil penalty of $50,000 per occurrence.
   In any action brought under the provisions of the bill, a court may order injunctive or other equitable relief, recovery of damages, other legal remedies, and payment of reasonable attorney fees, costs, and expenses of the party. Such relief must not be exclusive and additional relief or remedies may be awarded as otherwise permitted by law.
   The bill is effective upon enactment.