House File 45 - 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 2015, is amended by striking the paragraph.
1 3 Sec. 2. Section 29C.6, subsection 16, Code 2015, 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.23 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. Regulations pertaining to firearms and ammunition used
1 29 or carried for official purposes by law enforcement officers
1 30 or persons acting under the authority of emergency management
1 31 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 in
2 3 equity, a person aggrieved by the seizure or confiscation of
2 4 a firearm or ammunition in violation of this section may make
2 5 application for its return in the office of the clerk of court
2 6 for the county in which the property was seized pursuant to
2 7 section 809.3.
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
2 17 public disorder or disaster emergency proclamation by the
2 18 governor, shall not be construed to authorize the governor
2 19 or any other official of this state or any of its political
2 20 subdivisions acting at the direction of the governor or other
2 21 official to prohibit, regulate, or curtail the otherwise lawful
2 22 possession, carrying, transportation, transfer, or defensive
2 23 use of firearms or ammunition, to suspend or revoke, except
2 24 in as otherwise authorized, a permit to carry weapons issued
2 25 pursuant to Code section 724.6 or 724.7 or a permit to acquire
2 26 pistols or revolvers issued pursuant to Code section 724.15,
2 27 or to seize or confiscate firearms or ammunition possessed in
2 28 accordance 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 regulations
2 33 pertaining to firearms used or carried for official purposes by
2 34 law enforcement officers or persons acting under the authority
2 35 of emergency management agencies or officials.
3 1 The bill allows a person aggrieved by a violation under
3 2 the bill to seek relief in an action at law or in equity or
3 3 in any other proper proceeding for actual damages, injunctive
3 4 relief, or other appropriate redress, including court costs
3 5 and attorney fees, against a person who commits or causes
3 6 the commission of such violation. In addition to any other
3 7 remedy available at law or in equity, a person aggrieved by
3 8 the seizure or confiscation of a firearm or ammunition in
3 9 violation of the bill may file an application for its return
3 10 in the office of the clerk of court for the county in which the
3 11 property was seized pursuant to Code section 809.3.
3 12 The bill makes conforming changes to Code sections 29C.3 and
3 13 29C.6 relating to the governor's authority under current law to
3 14 prohibit the possession of firearms or any other deadly weapon
3 15 by a person other than at that person's place of residence
3 16 or business and to suspend or limit the sale, dispensing, or
3 17 transportation of firearms.
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