House File 2044 - Introduced
HOUSE FILE
BY WINDSCHITL
A BILL FOR
1 An Act relating to the regulation of firearms and ammunition in
2 a state of public emergency and providing a remedy.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 29C.3, subsection 4, paragraph e, Code
1 2 2016, is amended by striking the paragraph.
1 3 Sec. 2. Section 29C.6, subsection 16, Code 2016, is amended
1 4 to read as follows:
1 5 16. Suspend or limit the sale, dispensing, or
1 6 transportation of alcoholic beverages, firearms, explosives,
1 7 and combustibles.
1 8 Sec. 3. NEW SECTION. 29C.24 Firearms and ammunition ====
1 9 limitations ==== exceptions ==== remedies.
1 10 1. This chapter shall not be construed to authorize the
1 11 governor or any other official of this state or any of its
1 12 political subdivisions or any agent or person acting at the
1 13 direction of the governor or any such official to do any of the
1 14 following:
1 15 a. Prohibit, regulate, or curtail the otherwise lawful
1 16 possession, carrying, transportation, transfer, or defensive
1 17 use of firearms or ammunition.
1 18 b. Suspend or revoke, except in accordance with section
1 19 724.13, a permit issued pursuant to section 724.6, 724.7, or
1 20 724.15.
1 21 c. Seize or confiscate firearms and ammunition possessed in
1 22 accordance with the laws of this state.
1 23 2. This section shall not prohibit any of the following:
1 24 a. The temporary closure or limitations on the operating
1 25 hours of businesses that sell firearms or ammunition if the
1 26 same operating restrictions apply to all businesses in the
1 27 affected area.
1 28 b. The adoption or enforcement of regulations pertaining to
1 29 firearms and ammunition used or carried for official purposes
1 30 by law enforcement officers or persons acting under the
1 31 authority of emergency management agencies or officials.
1 32 3. a. A person aggrieved by a violation of this section
1 33 may seek relief in an action at law or in equity or in any
1 34 other proper proceeding for actual damages, injunctive relief,
1 35 or other appropriate redress against a person who commits or
2 1 causes the commission of such violation.
2 2 b. In addition to any other remedy available at law or
2 3 in equity, a person aggrieved by the seizure or confiscation
2 4 of a firearm or ammunition in violation of this section may
2 5 make application pursuant to section 809.3 for its return in
2 6 the office of the clerk of court for the county in which the
2 7 property was seized.
2 8 c. In an action or proceeding to enforce this section, the
2 9 court shall award the prevailing plaintiff reasonable court
2 10 costs and attorney fees.
2 11 EXPLANATION
2 12 The inclusion of this explanation does not constitute agreement with
2 13 the explanation's substance by the members of the general assembly.
2 14 This bill relates to the regulation of firearms and
2 15 ammunition in a state of public emergency.
2 16 The bill provides that Code chapter 29C, relating to a public
2 17 disorder or disaster emergency proclamation by the governor,
2 18 shall not be construed to authorize the governor or any other
2 19 official of this state or any of its political subdivisions
2 20 acting at the direction of the governor or other official to
2 21 prohibit, regulate, or curtail the otherwise lawful possession,
2 22 carrying, transportation, transfer, or defensive use of
2 23 firearms or ammunition; to suspend or revoke a permit to carry
2 24 or acquire, except as otherwise authorized under Code sections
2 25 724.6 (professional permit to carry), 724.7 (nonprofessional
2 26 permit to carry), and 724.15 (permit to acquire); or to seize
2 27 or confiscate firearms or ammunition possessed in accordance
2 28 with state law.
2 29 The bill does not prohibit the temporary closure or
2 30 limitations on the operating hours of businesses that sell
2 31 firearms or ammunition if the same operating restrictions
2 32 apply to all businesses in the affected area or the adoption
2 33 or enforcement of regulations pertaining to firearms used or
2 34 carried for official purposes by law enforcement officers or
2 35 persons acting under the authority of emergency management
3 1 agencies or officials.
3 2 The bill allows a person aggrieved by a violation of the bill
3 3 to seek relief in an action at law or in equity or in any other
3 4 proper proceeding for actual damages, injunctive relief, or
3 5 other appropriate redress, including court costs and attorney
3 6 fees, against a person who commits or causes the commission
3 7 of such violation. In addition to any other remedy available
3 8 at law or in equity, a person aggrieved by the seizure or
3 9 confiscation of a firearm or ammunition in violation of the
3 10 bill may file an application pursuant to Code section 809.3 for
3 11 its return in the office of the clerk of court for the county in
3 12 which the property was seized.
3 13 The bill makes conforming changes to Code sections 29C.3 and
3 14 29C.6 relating to the governor's authority under current law to
3 15 prohibit the possession of firearms or any other deadly weapon
3 16 by a person other than at that person's place of residence
3 17 or business and to suspend or limit the sale, dispensing, or
3 18 transportation of firearms.
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