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:
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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.
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