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House File 518 - IntroducedA Bill ForAn Act 1relating to damages against participants in firearms
2regulation violations by political subdivisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.28, subsection 3, Code 2023, is
2amended to read as follows:
33. If a political subdivision of the state, prior to, on,
4or after July 1, 2020, adopts, makes, enacts, or amends any
5ordinance, measure, enactment, rule, resolution, motion, or
6policy regulating the ownership, possession, carrying, legal
7transfer, lawful transportation, modification, registration,
8or licensing of firearms, firearms attachments, or other
9weapons when the ownership, possession, carrying, transfer,
10transportation, modification, registration, or licensing
11of firearms, firearms attachments, or other weapons is
12otherwise lawful under the laws of this state, a person
13adversely affected by the ordinance, measure, enactment, rule,
14resolution, motion, or policy may file suit in the appropriate
15court for declaratory and injunctive relief and all damages
16attributable to the violation, including all of the following:
17a. The court shall assess the persons who participated
18in the violation damages in the amount of not more than
19five hundred dollars and not less than one hundred dollars
20per day of the violation. A However, if a person knowingly
21participated in such a violation, damages shall be in the
22amount of not more than two thousand five hundred dollars and
23not less than one thousand dollars per day of the violation.
24These damages shall be paid by the court imposing them to the
25political subdivision of the state.
26b. Thecourt shall also award the prevailing party in any
27such lawsuit reasonable attorney fees and court costs.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to damages against participants in
32firearms regulation violations by political subdivisions.
33Under current law, if a political subdivision violates the
34prohibition against firearms regulation, a person adversely
35affected may file suit in the appropriate court for declaratory
-1-1and injunctive relief and all damages attributable to the
2violation. A court is required to award the prevailing party
3in any such lawsuit reasonable attorney fees and court costs.
4In addition to such damages, the bill requires the court to
5assess damages against participants in the violation in the
6amount of not more than $500 and not less than $100 per day,
7or if a person knowingly participated in such a violation, in
8the amount of not more than $2,500 and not less than $1,000
9per day. Damages under the bill are paid by the court to the
10political subdivision in question. Provisions similar to the
11bill’s requirements apply under current law to open records
12violations (Code chapter 22).
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2regulation violations by political subdivisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.28, subsection 3, Code 2023, is
2amended to read as follows:
33. If a political subdivision of the state, prior to, on,
4or after July 1, 2020, adopts, makes, enacts, or amends any
5ordinance, measure, enactment, rule, resolution, motion, or
6policy regulating the ownership, possession, carrying, legal
7transfer, lawful transportation, modification, registration,
8or licensing of firearms, firearms attachments, or other
9weapons when the ownership, possession, carrying, transfer,
10transportation, modification, registration, or licensing
11of firearms, firearms attachments, or other weapons is
12otherwise lawful under the laws of this state, a person
13adversely affected by the ordinance, measure, enactment, rule,
14resolution, motion, or policy may file suit in the appropriate
15court for declaratory and injunctive relief and all damages
16attributable to the violation, including all of the following:
17a. The court shall assess the persons who participated
18in the violation damages in the amount of not more than
19five hundred dollars and not less than one hundred dollars
20per day of the violation. A However, if a person knowingly
21participated in such a violation, damages shall be in the
22amount of not more than two thousand five hundred dollars and
23not less than one thousand dollars per day of the violation.
24These damages shall be paid by the court imposing them to the
25political subdivision of the state.
26b. Thecourt shall also award the prevailing party in any
27such lawsuit reasonable attorney fees and court costs.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to damages against participants in
32firearms regulation violations by political subdivisions.
33Under current law, if a political subdivision violates the
34prohibition against firearms regulation, a person adversely
35affected may file suit in the appropriate court for declaratory
-1-1and injunctive relief and all damages attributable to the
2violation. A court is required to award the prevailing party
3in any such lawsuit reasonable attorney fees and court costs.
4In addition to such damages, the bill requires the court to
5assess damages against participants in the violation in the
6amount of not more than $500 and not less than $100 per day,
7or if a person knowingly participated in such a violation, in
8the amount of not more than $2,500 and not less than $1,000
9per day. Damages under the bill are paid by the court to the
10political subdivision in question. Provisions similar to the
11bill’s requirements apply under current law to open records
12violations (Code chapter 22).
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