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: TLSB 1394YH (4) 86 jm/rj 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. LSB 1394YH (4) 86 jm/rj