Senate
Study
Bill
3138
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
firearms
and
weapons,
including
the
storage,
1
carrying,
possession,
or
transportation
of
weapons
and
the
2
establishment,
use,
and
maintenance
of
shooting
ranges.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5735XC
(1)
88
js/rh
S.F.
_____
Section
1.
NEW
SECTION
.
335.26
Shooting
ranges.
1
In
approving
the
improvement
of
property
acquired
to
2
establish,
use,
and
maintain
a
new
shooting
range
or
in
3
approving
a
substantial
change
to
an
existing
shooting
range
4
pursuant
to
section
657.9,
subsection
1,
the
county
zoning
5
commission,
or
if
there
is
not
a
county
zoning
commission,
6
the
county
board
of
supervisors,
shall
not
require
a
person
7
seeking
approval
to
comply
with
any
conditions
relating
to
the
8
establishment,
use,
or
maintenance
of
the
shooting
range
that
9
are
more
stringent
than
those
imposed
by
state
law.
10
Sec.
2.
NEW
SECTION
.
414.26
Shooting
ranges.
11
In
approving
the
improvement
of
property
acquired
to
12
establish,
use,
and
maintain
a
new
shooting
range
or
in
13
approving
a
substantial
change
to
an
existing
shooting
range
14
pursuant
to
section
657.9,
subsection
1,
the
city
zoning
15
commission,
or
if
there
is
not
a
city
zoning
commission,
the
16
city
council,
shall
not
require
a
person
seeking
approval
to
17
comply
with
any
conditions
relating
to
the
establishment,
use,
18
or
maintenance
of
the
shooting
range
that
are
more
stringent
19
than
those
imposed
by
state
law.
20
Sec.
3.
Section
724.28,
subsections
2
and
3,
Code
2020,
are
21
amended
to
read
as
follows:
22
2.
A
political
subdivision
of
the
state
shall
not
enact
23
an
ordinance
regulating
the
ownership,
possession,
legal
24
transfer,
lawful
transportation,
modification,
registration,
or
25
licensing
of
firearms
,
firearms
attachments,
or
other
weapons
26
when
the
ownership,
possession,
transfer,
or
transportation
,
or
27
modification
is
otherwise
lawful
under
the
laws
of
this
state.
28
An
ordinance
regulating
firearms
,
firearms
attachments,
or
29
other
weapons
in
violation
of
this
section
existing
on
or
after
30
April
5,
1990,
is
void.
31
3.
If
a
political
subdivision
of
the
state,
prior
to,
32
on,
or
after
July
1,
2017
2020
,
adopts,
makes,
enacts,
or
33
amends
any
ordinance,
measure,
enactment,
rule,
resolution,
34
motion,
or
policy
regulating
the
ownership,
possession,
legal
35
-1-
LSB
5735XC
(1)
88
js/rh
1/
4
S.F.
_____
transfer,
lawful
transportation,
modification,
registration,
or
1
licensing
of
firearms
,
firearms
attachments,
or
other
weapons
2
when
the
ownership,
possession,
transfer,
transportation,
3
modification,
registration,
or
license
licensing
of
firearms,
4
firearms
attachments,
or
other
weapons
is
otherwise
lawful
5
under
the
laws
of
this
state,
a
person
adversely
affected
by
6
the
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
7
policy
may
file
suit
in
the
appropriate
court
for
declaratory
8
and
injunctive
relief
for
damages
and
all
damages
attributable
9
to
the
violation.
A
court
shall
also
award
the
prevailing
10
party
in
any
such
lawsuit
reasonable
attorney
fees
and
court
11
costs
.
12
Sec.
4.
Section
724.28,
Code
2020,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
4.
A
political
subdivision
of
the
state
15
may
restrict
the
carrying,
possession,
or
transportation
16
of
firearms
or
other
dangerous
weapons
in
the
buildings
or
17
physical
structures
located
on
property
under
the
political
18
subdivision’s
control
if
adequate
arrangements
are
made
by
the
19
political
subdivision
to
screen
persons
for
firearms
or
other
20
dangerous
weapons
and
the
political
subdivision
provides
armed
21
security
personnel
inside
the
building
or
physical
structure
22
where
the
restriction
is
to
be
in
effect.
23
NEW
SUBSECTION
.
5.
A
political
subdivision
of
the
state
24
shall
not
enact
an
ordinance,
motion,
resolution,
or
amendment
25
regulating
the
storage
of
weapons
or
ammunition.
An
ordinance,
26
motion,
resolution,
or
amendment
regulating
the
storage
of
27
weapons
or
ammunition
existing
on
or
after
July
1,
2020,
is
28
void.
This
subsection
shall
not
be
construed
to
preclude
a
29
political
subdivision
from
regulating
the
storage
of
explosive
30
materials
consistent
with
chapter
101A.
31
Sec.
5.
NEW
SECTION
.
724.32
County
courthouse
——
weapon
32
prohibitions.
33
A
supreme
court
or
judicial
branch
order
that
prohibits
34
a
person
from
lawfully
carrying,
possessing,
or
transporting
35
-2-
LSB
5735XC
(1)
88
js/rh
2/
4
S.F.
_____
a
weapon
in
a
county
courthouse
or
other
joint-use
public
1
facility
shall
be
unenforceable
unless
the
judicial
order
2
applies
only
to
a
courtroom
or
a
court
office,
or
to
a
3
courthouse
used
only
for
judicial
branch
functions.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
carrying,
possession,
or
8
transportation
of
weapons
in
buildings
or
physical
structures
9
located
on
property
under
the
control
of
a
political
10
subdivision
and
in
county
courthouses,
and
the
regulation
by
11
counties
and
cities
relating
to
the
storage
of
weapons
and
12
shooting
ranges.
13
Current
law
requires
a
person
to
obtain
the
approval
of
the
14
appropriate
county
or
city
zoning
commission,
or
if
the
county
15
or
city
does
not
have
a
zoning
commission,
the
county
board
16
of
supervisors
or
the
city
council,
before
improving
property
17
acquired
to
establish,
use,
and
maintain
a
shooting
range
or
18
before
substantially
changing
the
existing
use
of
a
shooting
19
range.
The
bill
prohibits
the
appropriate
commission,
the
20
county
board
of
supervisors,
or
the
city
council
from
requiring
21
the
person
seeking
approval
to
comply
with
any
conditions
on
22
the
establishment,
use,
or
maintenance
of
a
shooting
range
that
23
are
more
stringent
than
those
imposed
by
state
law.
24
Current
law
provides
that
a
political
subdivision
shall
not
25
enact,
adopt,
make,
or
amend
any
ordinance,
measure,
enactment,
26
rule,
resolution,
motion,
or
policy
that
regulates
the
27
ownership,
possession,
legal
transfer,
lawful
transportation,
28
registration,
or
licensing
of
firearms
when
the
ownership,
29
possession,
transfer,
transportation,
registration,
or
license
30
is
otherwise
lawful,
and
that
a
person
adversely
affected
31
by
such
an
ordinance,
measure,
enactment,
rule,
resolution,
32
motion,
or
policy
may
file
suit
in
the
appropriate
court
for
33
declaratory
and
injunctive
relief
for
damages.
The
bill
34
extends
this
prohibition
to
modifications
and
further
provides
35
-3-
LSB
5735XC
(1)
88
js/rh
3/
4
S.F.
_____
that
the
prohibition
applies
to
firearm
attachments
and
other
1
weapons.
The
bill
provides
that
a
person
adversely
affected
2
may
also
file
a
lawsuit
for
damages
attributable
to
the
3
violation.
The
bill
provides
that
a
court
shall
also
award
the
4
prevailing
party
reasonable
attorney
fees
and
court
costs.
5
The
bill
provides
that
political
subdivisions
may
restrict
6
the
carrying,
possession,
or
transportation
of
firearms
or
7
other
dangerous
weapons
in
the
buildings
or
physical
structures
8
located
on
property
under
the
political
subdivision’s
control
9
if
arrangements
are
made
to
screen
persons
entering
into
the
10
building
or
physical
structure
and
the
political
subdivision
11
provides
armed
security
personnel
inside
the
building
or
12
physical
structure.
13
The
bill
prohibits
a
political
subdivision
from
enacting
14
an
ordinance,
motion,
resolution,
or
amendment
regulating
15
the
storage
of
weapons
or
ammunition
and
any
such
ordinance,
16
motion,
resolution,
or
amendment
existing
on
or
after
July
1,
17
2020,
is
void.
However,
the
bill
does
not
preclude
a
political
18
subdivision
from
regulating
the
storage
of
explosive
materials
19
consistent
with
Code
chapter
101A.
20
The
bill
provides
that
a
supreme
court
or
judicial
branch
21
order
that
prohibits
a
person
from
carrying,
possessing,
or
22
transporting
a
weapon
in
a
county
courthouse
or
other
joint-use
23
public
facility
shall
be
unenforceable
unless
the
judicial
24
order
applies
only
to
a
courtroom
or
a
court
office,
or
to
a
25
courthouse
used
only
for
judicial
branch
functions.
26
-4-
LSB
5735XC
(1)
88
js/rh
4/
4