House File 2280 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HF 2044)

                                      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:
    TLSB 5058HV (1) 86
    jm/rj

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.
       LSB 5058HV (1) 86
       jm/rj