Senate File 2245 - IntroducedA Bill ForAn Act 1relating to the possession and storage of firearms by a
2tenant of a dwelling unit or mobile home space and making
3penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 562A.11, subsection 1, Code 2020, is
2amended to read as follows:
   31.  A rental agreement shall not provide that the tenant or
4landlord does any of the following:
   5a.  Agrees to waive or to forego rights or remedies under
6this chapter provided that this restriction shall not apply to
7rental agreements covering single family residences on land
8assessed as agricultural land and located in an unincorporated
9area;.
   10b.  Authorizes a person to confess judgment on a claim
11arising out of the rental agreement;.
   12c.  Agrees to pay the other party’s attorney fees; or.
   13d.  Agrees to the exculpation or limitation of any liability
14of the other party arising under law or to indemnify the other
15party for that liability or the associated costs connected
16therewith
.
   17e.  (1)  Agrees that the tenant shall not lawfully possess or
18store a firearm in the dwelling unit that the tenant rents.
   19(2)  This paragraph does not prohibit a landlord from any of
20the following:
   21(a)  Prohibiting the possession or storage of a firearm in
22an appurtenant structure on the premises that is detached from
23the dwelling unit.
   24(b)  Terminating a rental agreement if the tenant crates a
25clear and present danger pursuant to section 562A.27A.
   26f.  Agrees that the tenant will pay a fee or higher rent,
27have limited access to amenities offered, or otherwise be
28restricted due to the tenant’s lawful possession and storage of
29a firearm in the dwelling unit that the tenant rents.
30   Sec. 2.  Section 562A.27A, subsection 2, paragraph b, Code
312020, is amended to read as follows:
   32b.  Illegal use of a firearm or other weapon, the threat to
33use a firearm or other weapon illegally, or possession of an
34illegal firearmThe mere possession or storage of a firearm
35by a tenant in the dwelling unit that the tenant rents does not
-1-1constitute a clear and present danger.

2   Sec. 3.  Section 562B.11, subsection 1, Code 2020, is amended
3by adding the following new paragraphs:
4   NEW PARAGRAPH.  e.  (1)  Agrees that the tenant shall not
5lawfully possess or store a firearm in the dwelling unit.
   6(2)  This paragraph does not prohibit a landlord from any of
7the following:
   8(a)  Prohibiting the possession or storage of a firearm in an
9appurtenant structure that is detached from the dwelling unit
10on the mobile home space or in the mobile home park.
   11(b)  Terminating a rental agreement if the tenant creates a
12clear and present danger pursuant to section 562B.25A.
13   NEW PARAGRAPH.  f.  Agrees that the tenant will pay a fee
14or higher rent, have limited access to amenities offered, or
15otherwise be restricted due to the tenant’s lawful possession
16and storage of a firearm in the tenant’s dwelling unit.
17   Sec. 4.  Section 562B.25A, subsection 2, paragraph b, Code
182020, is amended to read as follows:
   19b.  Illegal use of a firearm or other weapon, the threat to
20use a firearm or other weapon illegally, or possession of an
21illegal firearmThe mere possession or storage of a firearm
22by a tenant in the tenant’s dwelling unit does not constitute a
23clear and present danger.

24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
   27This bill relates to the lawful possession and storage of
28firearms in a dwelling unit.
   29The bill prohibits a landlord of a dwelling unit or
30mobile home space from including in a rental agreement a
31provision that prevents a tenant from lawfully possessing
32or storing a firearm in the dwelling unit. The bill also
33prohibits a landlord of a dwelling unit or mobile home space
34from including in a rental agreement a provision that the
35tenant will pay a fee or higher rent, have limited access
-2-1to amenities offered, or otherwise be restricted due to the
2tenant’s lawful possession and storage of a firearm in the
3dwelling unit. In the context of a tenant leasing a mobile
4home space, “dwelling unit” excludes the real property used
5to accommodate a manufactured or mobile home. The bill does
6not prohibit a landlord from including in a rental agreement a
7provision that prohibits a tenant from possessing or storing a
8firearm in an appurtenant structure that is detached from the
9dwelling unit. The bill also does not prohibit a landlord from
10terminating a rental agreement if the tenant creates a clear
11and present danger. The bill provides that the mere possession
12or storage of a firearm by a tenant in the dwelling unit does
13not constitute a clear and present danger.
   14A provision in a rental agreement that violates the bill is
15unenforceable. A tenant of a dwelling unit may recover from a
16landlord actual damages sustained by the tenant, not more than
17three months’ periodic rent, and reasonable attorney fees if
18the landlord willfully uses a rental agreement that contains
19provisions known by the landlord to be prohibited by the bill.
20A tenant of a mobile home space may recover from a landlord
21actual damages sustained if the landlord knowingly includes in
22the rental agreement a provision known to be prohibited by the
23bill.
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