House Study Bill 615 - IntroducedA Bill ForAn Act 1relating to firearms and weapons, including the storage,
2carrying, possession, or transportation of weapons and the
3establishment, use, and maintenance of shooting ranges.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  335.26  Shooting ranges.
   2In approving the improvement of property acquired to
3establish, use, and maintain a new shooting range or in
4approving a substantial change to an existing shooting range
5pursuant to section 657.9, subsection 1, the county zoning
6commission, or if there is not a county zoning commission,
7the county board of supervisors, shall not require a person
8seeking approval to comply with any conditions relating to the
9establishment, use, or maintenance of the shooting range that
10are more stringent than those imposed by state law.
11   Sec. 2.  NEW SECTION.  414.26  Shooting ranges.
   12In approving the improvement of property acquired to
13establish, use, and maintain a new shooting range or in
14approving a substantial change to an existing shooting range
15pursuant to section 657.9, subsection 1, the city zoning
16commission, or if there is not a city zoning commission, the
17city council, shall not require a person seeking approval to
18comply with any conditions relating to the establishment, use,
19or maintenance of the shooting range that are more stringent
20than those imposed by state law.
21   Sec. 3.  Section 724.28, subsections 2 and 3, Code 2020, are
22amended to read as follows:
   232.  A political subdivision of the state shall not enact
24an ordinance regulating the ownership, possession, legal
25transfer, lawful transportation, modification, registration, or
26licensing of firearms, firearms attachments, or other weapons
27 when the ownership, possession, transfer, or transportation, or
28modification
is otherwise lawful under the laws of this state.
29An ordinance regulating firearms, firearms attachments, or
30other weapons
in violation of this section existing on or after
31April 5, 1990, is void.
   323.  If a political subdivision of the state, prior to,
33on, or after July 1, 2017 2020, adopts, makes, enacts, or
34amends any ordinance, measure, enactment, rule, resolution,
35motion, or policy regulating the ownership, possession, legal
-1-1transfer, lawful transportation, modification, registration, or
2licensing of firearms, firearms attachments, or other weapons
3 when the ownership, possession, transfer, transportation,
 4modification, registration, or license licensing of firearms,
5firearms attachments, or other weapons
is otherwise lawful
6under the laws of this state, a person adversely affected by
7the ordinance, measure, enactment, rule, resolution, motion, or
8policy may file suit in the appropriate court for declaratory
9and injunctive relief for damages and all damages attributable
10to the violation. A court shall also award the prevailing
11party in any such lawsuit reasonable attorney fees and court
12costs
.
13   Sec. 4.  Section 724.28, Code 2020, is amended by adding the
14following new subsections:
15   NEW SUBSECTION.  4.  A political subdivision of the state
16may restrict the carrying, possession, or transportation
17of firearms or other dangerous weapons in the buildings or
18physical structures located on property under the political
19subdivision’s control if adequate arrangements are made by the
20political subdivision to screen persons for firearms or other
21dangerous weapons and the political subdivision provides armed
22security personnel inside the building or physical structure
23where the restriction is to be in effect.
24   NEW SUBSECTION.  5.  A political subdivision of the state
25shall not enact an ordinance, motion, resolution, or amendment
26regulating the storage of weapons or ammunition. An ordinance,
27motion, resolution, or amendment regulating the storage of
28weapons or ammunition existing on or after July 1, 2020, is
29void. This subsection shall not be construed to preclude a
30political subdivision from regulating the storage of explosive
31materials consistent with chapter 101A.
32   Sec. 5.  NEW SECTION.  724.32  County courthouse — weapon
33prohibitions.
   34A supreme court or judicial branch order that prohibits
35a person from lawfully carrying, possessing, or transporting
-2-1a weapon in a county courthouse or other joint-use public
2facility shall be unenforceable unless the judicial order
3applies only to a courtroom or a court office, or to a
4courthouse used only for judicial branch functions.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
   8This bill relates to the carrying, possession, or
9transportation of weapons in buildings or physical structures
10located on property under the control of a political
11subdivision and in county courthouses, and the regulation by
12counties and cities relating to the storage of weapons and
13shooting ranges.
   14Current law requires a person to obtain the approval of the
15appropriate county or city zoning commission, or if the county
16or city does not have a zoning commission, the county board
17of supervisors or the city council, before improving property
18acquired to establish, use, and maintain a shooting range or
19before substantially changing the existing use of a shooting
20range. The bill prohibits the appropriate commission, the
21county board of supervisors, or the city council from requiring
22the person seeking approval to comply with any conditions on
23the establishment, use, or maintenance of a shooting range that
24are more stringent than those imposed by state law.
   25Current law provides that a political subdivision shall not
26enact, adopt, make, or amend any ordinance, measure, enactment,
27rule, resolution, motion, or policy that regulates the
28ownership, possession, legal transfer, lawful transportation,
29registration, or licensing of firearms when the ownership,
30possession, transfer, transportation, registration, or license
31is otherwise lawful, and that a person adversely affected
32by such an ordinance, measure, enactment, rule, resolution,
33motion, or policy may file suit in the appropriate court for
34declaratory and injunctive relief for damages. The bill
35extends this prohibition to modifications and further provides
-3-1that the prohibition applies to firearm attachments and other
2weapons. The bill provides that a person adversely affected
3may also file a lawsuit for damages attributable to the
4violation. The bill provides that a court shall also award the
5prevailing party reasonable attorney fees and court costs.
   6The bill provides that political subdivisions may restrict
7the carrying, possession, or transportation of firearms or
8other dangerous weapons in the buildings or physical structures
9located on property under the political subdivision’s control
10if arrangements are made to screen persons entering into the
11building or physical structure and the political subdivision
12provides armed security personnel inside the building or
13physical structure.
   14The bill prohibits a political subdivision from enacting
15an ordinance, motion, resolution, or amendment regulating
16the storage of weapons or ammunition and any such ordinance,
17motion, resolution, or amendment existing on or after July 1,
182020, is void. However, the bill does not preclude a political
19subdivision from regulating the storage of explosive materials
20consistent with Code chapter 101A.
   21The bill provides that a supreme court or judicial branch
22order that prohibits a person from carrying, possessing, or
23transporting a weapon in a county courthouse or other joint-use
24public facility shall be unenforceable unless the judicial
25order applies only to a courtroom or a court office, or to a
26courthouse used only for judicial branch functions.
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