House File 59 - Introduced




                                 HOUSE FILE       
                                 BY  WINDSCHITL

                                      A BILL FOR

  1 An Act relating to state preemption of firearms, firearm
  2    accessories, and ammunition regulation by political
  3    subdivisions, and including penalties and remedies and
  4    applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1394YH (4) 86
    jm/rj

PAG LIN



  1  1    Section 1.  Section 724.28, Code 2015, is amended by striking
  1  2 the section and inserting in lieu thereof the following:
  1  3    724.28  State preemption ==== prohibition of firearms, firearm
  1  4 accessories, and ammunition regulation by political subdivisions.
  1  5    1.  The purpose of this section is to establish complete
  1  6 state control over firearms, firearm accessories, and
  1  7 ammunition regulation and policy in order to ensure that such
  1  8 regulation and policy is applied uniformly throughout this
  1  9 state to each person subject to the state's jurisdiction and to
  1 10 ensure protection of the right to keep and bear arms recognized
  1 11 by the Constitution of the United States.  This section is to
  1 12 be liberally construed to effectuate its purpose.
  1 13    2.  As used in this section:
  1 14    a.  "Ammunition" means fixed cartridge ammunition, shotgun
  1 15 shells, the individual components of fixed cartridge ammunition
  1 16 and shotgun shells, projectiles for muzzleloading firearms, and
  1 17 any propellant used in firearms or in firearms ammunition.
  1 18    b.  "Firearm" means a pistol, revolver, rifle, shotgun,
  1 19 machine gun, submachine gun, or black powder weapon which is
  1 20 designed to, capable of, or may be readily converted to expel a
  1 21 projectile by the action of an explosive.
  1 22    c.  "Firearm accessory" means a device specifically adapted
  1 23 to enable the wearing or carrying about one's person, or the
  1 24 storage or mounting in or on a conveyance, of a firearm, or
  1 25 an attachment or device specifically adapted to be inserted
  1 26 into or affixed onto a firearm to enable, alter, or improve the
  1 27 functioning or capabilities of the firearm.
  1 28    d.  "Person adversely affected" means a person who meets all
  1 29 of the following criteria:
  1 30    (1)  Lawfully resides within the United States.
  1 31    (2)  Can legally possess a firearm under the laws of  this
  1 32 state.
  1 33    (3)  Either of the following:
  1 34    (a)  Would be subject to the ordinance, measure, enactment,
  1 35 rule, resolution, motion, or policy at issue if the person were
  2  1 present within the jurisdictional boundaries of the enacting
  2  2 political subdivision, regardless of whether such person works
  2  3 or resides in such political subdivision.
  2  4    (b)  Is a membership organization that includes as a member a
  2  5 person described in subparagraphs (1) and (2) and subparagraph
  2  6 division (a) of this subparagraph and that is dedicated in
  2  7 whole or in part to protecting the rights of those persons
  2  8 who possess, own, or use firearms for competitive, sporting,
  2  9 defensive, or other lawful purposes.
  2 10    e.  "Political subdivision" means a county, city, township,
  2 11 school district, or any other subunit of this state.
  2 12    3.  Except as otherwise provided in this section, the
  2 13 regulation of all of the following is hereby declared to be the
  2 14 exclusive domain of the state:
  2 15    a.  Firearms, firearm accessories, and ammunition.
  2 16    b.  The ownership, possession, use, discharge, carrying,
  2 17 transportation, registration, transfer, and storage of
  2 18 firearms, firearm accessories, and ammunition.
  2 19    c.  Commerce in and taxation of firearms, firearm
  2 20 accessories, and ammunition.
  2 21    d.  Any other matter pertaining to firearms, firearm
  2 22 accessories, and ammunition.
  2 23    4.  An ordinance, measure, enactment, rule, resolution,
  2 24 motion, or policy adopted by a political subdivision, or an
  2 25 official action taken by an employee or agent of a political
  2 26 subdivision, including through any legislative, police power,
  2 27 or proprietary capacity, in violation of this section is void.
  2 28    5.  This section shall not be construed to prevent any of the
  2 29 following:
  2 30    a.  A duly organized law enforcement agency of a political
  2 31 subdivision from adopting and enforcing rules pertaining to
  2 32 firearms, firearm accessories, or ammunition issued to or used
  2 33 by peace officers in the course of their official duties.
  2 34    b.  An employer from regulating or prohibiting an employee
  2 35 from carrying or possessing firearms, firearm accessories, or
  3  1 ammunition during and in the course of the employee's official
  3  2 duties.
  3  3    c.  A court or administrative law judge from hearing and
  3  4 resolving a case or controversy or issuing an opinion or order
  3  5 on a matter within the court's or judge's jurisdiction.
  3  6    d.  The enactment or enforcement of a generally applicable
  3  7 zoning or business ordinance that includes firearms businesses
  3  8 along with other businesses, provided that an ordinance
  3  9 designed or enforced to effectively restrict or prohibit the
  3 10 sale, purchase, transfer, manufacture, or display of firearms,
  3 11 firearm accessories, or ammunition otherwise lawful under the
  3 12 laws of this state, which is in conflict with this section, is
  3 13 void.
  3 14    e.  A political subdivision from adopting or enforcing rules
  3 15 of operation and use for any shooting range owned or operated
  3 16 by the political subdivision.
  3 17    f.  A political subdivision that sponsors or conducts any
  3 18 firearm=related competition or educational or cultural program
  3 19 from adopting rules for participation in or attendance at such
  3 20 a program.
  3 21    6.  A political subdivision or employee or agent of a
  3 22 political subdivision that violates the state's exclusive
  3 23 domain of regulation of firearms, firearm accessories, and
  3 24 ammunition, as declared in this section, by adopting or
  3 25 enforcing an ordinance, measure, enactment, rule, resolution,
  3 26 motion, or policy impacting such occupation of the field shall
  3 27 be liable as provided in this section.
  3 28    a.  If a political subdivision violates this section, the
  3 29 court shall declare the ordinance, measure, enactment, rule,
  3 30 resolution, motion, or policy void and issue a permanent
  3 31 injunction against the political subdivision prohibiting
  3 32 enforcement of such ordinance, measure, enactment, rule,
  3 33 resolution, motion, or policy.  It is not a defense that the
  3 34 political subdivision was acting in good faith or upon the
  3 35 advice of counsel.
  4  1    b.  If the court determines that a violation of this section
  4  2 was knowing and willful, the court shall assess a civil
  4  3 penalty of up to five thousand dollars against the elected or
  4  4 appointed local government official or employee or agent of an
  4  5 administrative agency under whose jurisdiction the violation
  4  6 occurred.
  4  7    c.  Except as required by applicable law, public funds shall
  4  8 not be used to defend or reimburse a person found to have
  4  9 knowingly and willfully violated this section.
  4 10    d.  A knowing and willful violation of a provision of this
  4 11 section by a person acting in an official capacity for any
  4 12 entity adopting or enforcing an ordinance, measure, enactment,
  4 13 rule, resolution, motion, or policy prohibited under this
  4 14 subtion shall be cause for termination or removal pursuant to
  4 15 chapter 66.
  4 16    7.  A person adversely affected by an ordinance, measure,
  4 17 enactment, rule, resolution, motion, or policy adopted or
  4 18 enforced in violation of this section may file suit in the
  4 19 appropriate court for declarative and injunctive relief and for
  4 20 damages.  A court shall award the prevailing plaintiff in any
  4 21 such suit all of the following:
  4 22    a.  Reasonable attorney fees and costs.
  4 23    b.  The greater of actual damages or liquidated damages
  4 24 equal to the amount of three times the attorney fees awarded
  4 25 in paragraph "a".
  4 26    Sec. 2.  APPLICABILITY.  This Act applies to any ordinance,
  4 27 measure, enactment, rule, resolution, motion, or policy adopted
  4 28 by a political subdivision of this state or to official actions
  4 29 taken by an employee or agent of such political subdivision,
  4 30 on or after the effective date of this Act. However, the
  4 31 penalties and remedies prescribed under section 1, subsection
  4 32 6, of this Act shall first be imposed ninety days after the
  4 33 effective date of this Act to provide political subdivisions an
  4 34 opportunity to comply with the provisions of this Act.
  4 35                           EXPLANATION
  5  1 The inclusion of this explanation does not constitute agreement with
  5  2 the explanation's substance by the members of the general assembly.
  5  3    Current Code section 724.28 prohibits a political
  5  4 subdivision of the state from enacting an ordinance
  5  5 restricting the ownership, possession, legal transfer, lawful
  5  6 transportation, registration, or licensing of firearms when the
  5  7 ownership, possession, transfer, or transportation is otherwise
  5  8 lawful under state law.
  5  9    This bill strikes and rewrites this Code section to provide
  5 10 that the regulation of firearms, firearm accessories, and
  5 11 ammunition is declared to be the exclusive domain of the state.
  5 12 The bill provides that an ordinance, measure, enactment, rule,
  5 13 resolution, motion, or policy of a political subdivision of
  5 14 this state, or an official action of an employee or agent of
  5 15 such political subdivision, including through any legislative,
  5 16 police power, or proprietary capacity, in violation of the bill
  5 17 is void.
  5 18    The bill shall not be construed to prevent a law enforcement
  5 19 agency of a political subdivision from adopting and enforcing
  5 20 rules pertaining to firearms, firearm accessories, or
  5 21 ammunition issued to or used by peace officers in the course
  5 22 of their official duties; an employer from regulating or
  5 23 prohibiting an employee from carrying or possessing firearms,
  5 24 firearm accessories, or ammunition during and in the course
  5 25 of the employee's official duties; a court or administrative
  5 26 law judge from hearing and resolving a case or controversy or
  5 27 issuing an opinion or order on a matter within the court's or
  5 28 the judge's jurisdiction; enacting or enforcing a generally
  5 29 applicable zoning or business ordinance that includes firearms
  5 30 businesses along with other businesses, provided that an
  5 31 ordinance which is designed or enforced to effectively restrict
  5 32 or prohibit the sale, purchase, transfer, manufacture, or
  5 33 display of firearms, firearm accessories, or ammunition
  5 34 otherwise lawful under the laws of this state, which is in
  5 35 conflict with the bill, is void; a political subdivision
  6  1 from adopting or enforcing rules of operation and use for a
  6  2 shooting range owned or operated by the political subdivision;
  6  3 and a political subdivision that sponsors or conducts any
  6  4 firearm=related competition or educational or cultural program
  6  5 from adopting rules of attendance for such a program.
  6  6    The bill provides that if a political subdivision violates
  6  7 the bill, the court shall declare the ordinance, measure,
  6  8 enactment, rule, resolution, motion, or policy void and issue
  6  9 a permanent injunction against the political subdivision
  6 10 prohibiting enforcement of such ordinance, measure, enactment,
  6 11 rule, resolution, motion, or policy.  It is not a defense that
  6 12 the political subdivision was acting in good faith or upon the
  6 13 advice of counsel. The court shall assess a civil penalty of
  6 14 up to $5,000 against the elected or appointed local government
  6 15 official or employee or agent of an administrative agency
  6 16 under whose jurisdiction the violation occurred if a violation
  6 17 was knowing and willful. In addition, knowing and willful
  6 18 violations by a person acting in an official capacity shall be
  6 19 cause for termination or removal.
  6 20    The bill provides that a person adversely affected by an
  6 21 ordinance, measure, enactment, rule, resolution, motion, or
  6 22 policy adopted or enforced in violation of the bill may file
  6 23 suit in the appropriate court for declarative and injunctive
  6 24 relief and for damages and may, if successful, be awarded
  6 25 reasonable attorney fees and costs and the greater of actual
  6 26 damages or liquidated damages equal to the amount of three
  6 27 times the attorney fees awarded.
  6 28    The bill applies to any ordinance, measure, enactment,
  6 29 rule, resolution, motion, or policy adopted by a political
  6 30 subdivision of this state or to official actions taken by any
  6 31 employee or agent of such political subdivision, on or after
  6 32 the effective date of the bill. The penalties and remedies of
  6 33 the bill shall first be imposed 90 days after the effective
  6 34 date of the bill.
       LSB 1394YH (4) 86
       jm/rj