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House File 2502 - 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 apply and enforce
8regulations and restrictions established for each zoning
9district adopted pursuant to this chapter but shall not
10otherwise require a person seeking approval to comply with any
11conditions relating to the establishment, use, or maintenance
12of the shooting range that are more stringent than those
13imposed by state law.
14 Sec. 2. NEW SECTION. 414.26 Shooting ranges.
15In approving the improvement of property acquired to
16establish, use, and maintain a new shooting range or in
17approving a substantial change to an existing shooting range
18pursuant to section 657.9, subsection 1, the city zoning
19commission, or if there is not a city zoning commission, the
20city council, shall apply and enforce zoning regulations and
21restrictions established for each zoning district adopted
22pursuant to this chapter but shall not otherwise require a
23person seeking approval to comply with any conditions relating
24to the establishment, use, or maintenance of the shooting range
25that are more stringent than those imposed by state law.
26 Sec. 3. Section 724.28, subsections 2 and 3, Code 2020, are
27amended to read as follows:
282. A political subdivision of the state shall not enact
29an ordinance regulating the ownership, possession, legal
30transfer, lawful transportation, modification, registration, or
31licensing of firearms, firearms attachments, or other weapons
32 when the ownership, possession, transfer, or transportation, or
33modification is otherwise lawful under the laws of this state.
34An ordinance regulating firearms, firearms attachments, or
35other weapons in violation of this section existing on or after
-1-1April 5, 1990, is void.
23. If a political subdivision of the state, prior to,
3on, or after July 1, 2017 2020, adopts, makes, enacts, or
4amends any ordinance, measure, enactment, rule, resolution,
5motion, or policy regulating the ownership, possession, legal
6transfer, lawful transportation, modification, registration, or
7licensing of firearms, firearms attachments, or other weapons
8 when the ownership, possession, transfer, transportation,
9modification, registration, or license licensing of firearms,
10firearms attachments, or other weapons is otherwise lawful
11under the laws of this state, a person adversely affected by
12the ordinance, measure, enactment, rule, resolution, motion, or
13policy may file suit in the appropriate court for declaratory
14and injunctive relief for damages and all damages attributable
15to the violation. A court shall also award the prevailing
16party in any such lawsuit reasonable attorney fees and court
17costs.
18 Sec. 4. Section 724.28, Code 2020, is amended by adding the
19following new subsections:
20 NEW SUBSECTION. 4. A political subdivision of the state
21may restrict the carrying, possession, or transportation
22of firearms or other dangerous weapons in the buildings or
23physical structures located on property under the political
24subdivision’s control if adequate arrangements are made by the
25political subdivision to screen persons for firearms or other
26dangerous weapons and the political subdivision provides armed
27security personnel inside the building or physical structure
28where the restriction is to be in effect.
29 NEW SUBSECTION. 5. A political subdivision of the state
30shall not enact an ordinance, motion, resolution, or amendment
31regulating the storage of weapons or ammunition. An ordinance,
32motion, resolution, or amendment regulating the storage of
33weapons or ammunition existing on or after July 1, 2020, is
34void. This subsection shall not be construed to preclude a
35political subdivision from regulating the storage of explosive
-2-1materials consistent with chapter 101A.
2 Sec. 5. NEW SECTION. 724.32 County courthouse — weapon
3prohibitions.
4A supreme court or judicial branch order that prohibits
5a person from lawfully carrying, possessing, or transporting
6a weapon in a county courthouse or other joint-use public
7facility shall be unenforceable unless the judicial order
8applies only to a courtroom or a court office, or to a
9courthouse used only for judicial branch functions.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the carrying, possession, or
14transportation of weapons in buildings or physical structures
15located on property under the control of a political
16subdivision and in county courthouses, and the regulation by
17counties and cities relating to the storage of weapons and
18shooting ranges.
19Current law requires a person to obtain the approval of
20the appropriate county or city zoning commission, or if the
21county or city does not have a zoning commission, the county
22board of supervisors or the city council, before improving
23property acquired to establish, use, and maintain a shooting
24range or before substantially changing the existing use of a
25shooting range. The bill requires the appropriate commission,
26the county board of supervisors, or the city council to apply
27and enforce zoning regulations and restrictions that have been
28properly adopted, but prohibits the appropriate commission,
29the county board of supervisors, or the city council from
30otherwise requiring the person seeking approval to comply with
31any conditions on the establishment, use, or maintenance of a
32shooting range that are more stringent than those imposed by
33state law.
34Current law provides that a political subdivision shall not
35enact, adopt, make, or amend any ordinance, measure, enactment,
-3-1rule, resolution, motion, or policy that regulates the
2ownership, possession, legal transfer, lawful transportation,
3registration, or licensing of firearms when the ownership,
4possession, transfer, transportation, registration, or license
5is otherwise lawful, and that a person adversely affected
6by such an ordinance, measure, enactment, rule, resolution,
7motion, or policy may file suit in the appropriate court for
8declaratory and injunctive relief for damages. The bill
9extends this prohibition to modifications and further provides
10that the prohibition applies to firearm attachments and other
11weapons. The bill provides that a person adversely affected
12may also file a lawsuit for damages attributable to the
13violation. The bill provides that a court shall also award the
14prevailing party reasonable attorney fees and court costs.
15The bill provides that political subdivisions may restrict
16the carrying, possession, or transportation of firearms or
17other dangerous weapons in the buildings or physical structures
18located on property under the political subdivision’s control
19if arrangements are made to screen persons entering into the
20building or physical structure and the political subdivision
21provides armed security personnel inside the building or
22physical structure.
23The bill prohibits a political subdivision from enacting
24an ordinance, motion, resolution, or amendment regulating
25the storage of weapons or ammunition and any such ordinance,
26motion, resolution, or amendment existing on or after July 1,
272020, is void. However, the bill does not preclude a political
28subdivision from regulating the storage of explosive materials
29consistent with Code chapter 101A.
30The bill provides that a supreme court or judicial branch
31order that prohibits a person from carrying, possessing, or
32transporting a weapon in a county courthouse or other joint-use
33public facility shall be unenforceable unless the judicial
34order applies only to a courtroom or a court office, or to a
35courthouse used only for judicial branch functions.
-4-js/rh
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 apply and enforce
8regulations and restrictions established for each zoning
9district adopted pursuant to this chapter but shall not
10otherwise require a person seeking approval to comply with any
11conditions relating to the establishment, use, or maintenance
12of the shooting range that are more stringent than those
13imposed by state law.
14 Sec. 2. NEW SECTION. 414.26 Shooting ranges.
15In approving the improvement of property acquired to
16establish, use, and maintain a new shooting range or in
17approving a substantial change to an existing shooting range
18pursuant to section 657.9, subsection 1, the city zoning
19commission, or if there is not a city zoning commission, the
20city council, shall apply and enforce zoning regulations and
21restrictions established for each zoning district adopted
22pursuant to this chapter but shall not otherwise require a
23person seeking approval to comply with any conditions relating
24to the establishment, use, or maintenance of the shooting range
25that are more stringent than those imposed by state law.
26 Sec. 3. Section 724.28, subsections 2 and 3, Code 2020, are
27amended to read as follows:
282. A political subdivision of the state shall not enact
29an ordinance regulating the ownership, possession, legal
30transfer, lawful transportation, modification, registration, or
31licensing of firearms, firearms attachments, or other weapons
32 when the ownership, possession, transfer, or transportation, or
33modification is otherwise lawful under the laws of this state.
34An ordinance regulating firearms, firearms attachments, or
35other weapons in violation of this section existing on or after
-1-1April 5, 1990, is void.
23. If a political subdivision of the state, prior to,
3on, or after July 1, 2017 2020, adopts, makes, enacts, or
4amends any ordinance, measure, enactment, rule, resolution,
5motion, or policy regulating the ownership, possession, legal
6transfer, lawful transportation, modification, registration, or
7licensing of firearms, firearms attachments, or other weapons
8 when the ownership, possession, transfer, transportation,
9modification, registration, or license licensing of firearms,
10firearms attachments, or other weapons is otherwise lawful
11under the laws of this state, a person adversely affected by
12the ordinance, measure, enactment, rule, resolution, motion, or
13policy may file suit in the appropriate court for declaratory
14and injunctive relief for damages and all damages attributable
15to the violation. A court shall also award the prevailing
16party in any such lawsuit reasonable attorney fees and court
17costs.
18 Sec. 4. Section 724.28, Code 2020, is amended by adding the
19following new subsections:
20 NEW SUBSECTION. 4. A political subdivision of the state
21may restrict the carrying, possession, or transportation
22of firearms or other dangerous weapons in the buildings or
23physical structures located on property under the political
24subdivision’s control if adequate arrangements are made by the
25political subdivision to screen persons for firearms or other
26dangerous weapons and the political subdivision provides armed
27security personnel inside the building or physical structure
28where the restriction is to be in effect.
29 NEW SUBSECTION. 5. A political subdivision of the state
30shall not enact an ordinance, motion, resolution, or amendment
31regulating the storage of weapons or ammunition. An ordinance,
32motion, resolution, or amendment regulating the storage of
33weapons or ammunition existing on or after July 1, 2020, is
34void. This subsection shall not be construed to preclude a
35political subdivision from regulating the storage of explosive
-2-1materials consistent with chapter 101A.
2 Sec. 5. NEW SECTION. 724.32 County courthouse — weapon
3prohibitions.
4A supreme court or judicial branch order that prohibits
5a person from lawfully carrying, possessing, or transporting
6a weapon in a county courthouse or other joint-use public
7facility shall be unenforceable unless the judicial order
8applies only to a courtroom or a court office, or to a
9courthouse used only for judicial branch functions.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to the carrying, possession, or
14transportation of weapons in buildings or physical structures
15located on property under the control of a political
16subdivision and in county courthouses, and the regulation by
17counties and cities relating to the storage of weapons and
18shooting ranges.
19Current law requires a person to obtain the approval of
20the appropriate county or city zoning commission, or if the
21county or city does not have a zoning commission, the county
22board of supervisors or the city council, before improving
23property acquired to establish, use, and maintain a shooting
24range or before substantially changing the existing use of a
25shooting range. The bill requires the appropriate commission,
26the county board of supervisors, or the city council to apply
27and enforce zoning regulations and restrictions that have been
28properly adopted, but prohibits the appropriate commission,
29the county board of supervisors, or the city council from
30otherwise requiring the person seeking approval to comply with
31any conditions on the establishment, use, or maintenance of a
32shooting range that are more stringent than those imposed by
33state law.
34Current law provides that a political subdivision shall not
35enact, adopt, make, or amend any ordinance, measure, enactment,
-3-1rule, resolution, motion, or policy that regulates the
2ownership, possession, legal transfer, lawful transportation,
3registration, or licensing of firearms when the ownership,
4possession, transfer, transportation, registration, or license
5is otherwise lawful, and that a person adversely affected
6by such an ordinance, measure, enactment, rule, resolution,
7motion, or policy may file suit in the appropriate court for
8declaratory and injunctive relief for damages. The bill
9extends this prohibition to modifications and further provides
10that the prohibition applies to firearm attachments and other
11weapons. The bill provides that a person adversely affected
12may also file a lawsuit for damages attributable to the
13violation. The bill provides that a court shall also award the
14prevailing party reasonable attorney fees and court costs.
15The bill provides that political subdivisions may restrict
16the carrying, possession, or transportation of firearms or
17other dangerous weapons in the buildings or physical structures
18located on property under the political subdivision’s control
19if arrangements are made to screen persons entering into the
20building or physical structure and the political subdivision
21provides armed security personnel inside the building or
22physical structure.
23The bill prohibits a political subdivision from enacting
24an ordinance, motion, resolution, or amendment regulating
25the storage of weapons or ammunition and any such ordinance,
26motion, resolution, or amendment existing on or after July 1,
272020, is void. However, the bill does not preclude a political
28subdivision from regulating the storage of explosive materials
29consistent with Code chapter 101A.
30The bill provides that a supreme court or judicial branch
31order that prohibits a person from carrying, possessing, or
32transporting a weapon in a county courthouse or other joint-use
33public facility shall be unenforceable unless the judicial
34order applies only to a courtroom or a court office, or to a
35courthouse used only for judicial branch functions.
-4-js/rh