Senate File 254 - Introduced SENATE FILE 254 BY SORENSON , BERTRAND , GUTH , and ERNST (COMPANION TO 1625HH BY SHAW) A BILL FOR An Act relating to firearms including the ownership and 1 manufacture of firearms, firearm accessories, and 2 ammunition, providing for a penalty, and including effective 3 date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1625SS (2) 85 rh/rj

S.F. 254 Section 1. Section 724.2, subsection 6, Code 2013, is 1 amended to read as follows: 2 6. Any person, firm , or corporation who under the laws of 3 this state and the United States is lawfully engaged in the 4 improvement, invention , or manufacture of firearms , firearm 5 accessories, or ammunition . 6 Sec. 2. NEW SECTION . 724.28A Preemption —— ownership and 7 manufacture of firearms, firearm accessories, and ammunition. 8 1. A public servant in this state or a firearm dealer who 9 sells a firearm in this state shall not enforce or attempt 10 to enforce any federal order, law, or regulation relating 11 to firearms, firearm accessories, or ammunition owned or 12 manufactured commercially or privately in this state and that 13 remains exclusively within this state. 14 2. An official, agent, or employee of the federal government 15 who enforces or attempts to enforce any federal order, law, 16 or regulation relating to firearms, firearm accessories, or 17 ammunition owned or manufactured commercially or privately in 18 this state and that remains exclusively within this state is 19 guilty of a class “D” felony. 20 3. The attorney general may defend a citizen of this 21 state who is prosecuted by the United States government for a 22 violation of any federal law relating to the manufacture, sale, 23 transfer, or possession of a firearm, firearm accessory, or 24 ammunition owned or manufactured commercially or privately in 25 this state and that remains exclusively within this state. 26 4. Any federal order, law, or regulation created on or after 27 the effective date of this Act shall be unenforceable in this 28 state if the federal order, law, or regulation attempts to do 29 any of the following: 30 a. Prohibit or restrict ownership of a semiautomatic firearm 31 or any magazine of a firearm. 32 b. Require any firearm, magazine, or other firearm accessory 33 to be registered in any manner. 34 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 35 -1- LSB 1625SS (2) 85 rh/rj 1/ 3

S.F. 254 immediate importance, takes effect upon enactment. 1 Sec. 4. APPLICABILITY. This Act applies to firearms, 2 firearm accessories, and ammunition owned or manufactured 3 commercially or privately in this state that remains 4 exclusively within this state on or after the effective date 5 of this Act. 6 EXPLANATION 7 This bill relates to firearms, including the ownership 8 or manufacture of firearms, firearm accessories, and 9 ammunition, provides a penalty, and includes effective date and 10 applicability provisions. 11 The bill provides that a public servant in this state or 12 a firearm dealer who sells any firearm in this state shall 13 not enforce or attempt to enforce any federal order, law, 14 or regulation relating to firearms, firearm accessories, or 15 ammunition owned or manufactured commercially or privately in 16 this state and that remain exclusively within this state. 17 The bill provides that an official, agent, or employee of 18 the federal government who enforces or attempts to enforce any 19 federal order, law, or regulation relating to firearms, firearm 20 accessories, or ammunition owned or manufactured commercially 21 or privately in this state and that remain exclusively within 22 this state is guilty of a class “D” felony. A class “D” felony 23 is punishable by confinement for no more than five years and a 24 fine of at least $750 but not more than $7,500. 25 The bill allows the attorney general to defend a citizen of 26 this state who is prosecuted by the United States government 27 for a violation of any federal law relating to the manufacture, 28 sale, transfer, or possession of a firearm, firearm accessory, 29 or ammunition owned or manufactured commercially or privately 30 in this state and that remains exclusively within this state. 31 The bill provides that any federal order, law, or regulation 32 created on or after the effective date of the bill shall 33 be unenforceable within this state if the order, law, or 34 regulation attempts to prohibit or restrict ownership of a 35 -2- LSB 1625SS (2) 85 rh/rj 2/ 3

S.F. 254 semiautomatic firearm or any magazine of a firearm or that 1 requires any firearm, magazine, or other firearm accessory to 2 be registered in any manner. 3 The bill makes a conforming change to Code section 724.2 to 4 authorize any person, firm, or corporation lawfully engaged in 5 the improvement, invention, or manufacture of firearms, firearm 6 accessories, or ammunition to lawfully possess such items. 7 The bill provides for an effective date upon enactment 8 and applies to firearms, firearm accessories, and ammunition 9 manufactured and retained in Iowa on or after the effective 10 date. 11 -3- LSB 1625SS (2) 85 rh/rj 3/ 3