House File 74 - Introduced HOUSE FILE 74 BY WINDSCHITL and HIGHFILL A BILL FOR An Act relating to the regulation of firearms and ammunition in 1 a state of public emergency and providing a remedy. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1507YH (3) 85 rh/rj

H.F. 74 Section 1. Section 29C.3, subsection 4, paragraph e, Code 1 2013, is amended by striking the paragraph. 2 Sec. 2. Section 29C.6, subsection 16, Code 2013, is amended 3 to read as follows: 4 16. Suspend or limit the sale, dispensing, or 5 transportation of alcoholic beverages, firearms, explosives, 6 and combustibles. 7 Sec. 3. NEW SECTION . 29C.23 Firearms and ammunition —— 8 limitations —— exceptions —— remedies. 9 1. This chapter shall not be construed to authorize the 10 governor or any other official of this state or any of its 11 political subdivisions or any agent or person acting at the 12 direction of the governor or any such official to do any of the 13 following: 14 a. Prohibit, regulate, or curtail the otherwise lawful 15 possession, carrying, transportation, transfer, or defensive 16 use of firearms or ammunition. 17 b. Suspend or revoke, except in accordance with section 18 724.13, a permit issued pursuant to section 724.6, 724.7, or 19 724.15. 20 c. Seize or confiscate firearms and ammunition possessed in 21 accordance with the laws of this state. 22 2. This section shall not prohibit any of the following: 23 a. The temporary closure or limitations on the operating 24 hours of businesses that sell firearms or ammunition if the 25 same operating restrictions apply to all businesses in the 26 affected area. 27 b. Regulations pertaining to firearms and ammunition used 28 or carried for official purposes by law enforcement officers 29 or persons acting under the authority of emergency management 30 agencies or officials. 31 3. a. A person aggrieved by a violation of this section 32 may seek relief in an action at law or in equity or in any 33 other proper proceeding for actual damages, injunctive relief, 34 or other appropriate redress against a person who commits or 35 -1- LSB 1507YH (3) 85 rh/rj 1/ 3

H.F. 74 causes the commission of such violation. 1 b. In addition to any other remedy available at law or in 2 equity, a person aggrieved by the seizure or confiscation of 3 a firearm or ammunition in violation of this section may make 4 application for its return in the office of the clerk of court 5 for the county in which the property was seized pursuant to 6 section 809.3. 7 c. In an action or proceeding to enforce this section, the 8 court shall award the prevailing plaintiff reasonable court 9 costs and attorney fees. 10 EXPLANATION 11 This bill relates to the regulation of firearms and 12 ammunition in a state of public emergency. 13 The bill provides that Code chapter 29C, relating to a 14 public disorder or disaster emergency proclamation by the 15 governor, shall not be construed to authorize the governor 16 or any other official of this state or any of its political 17 subdivisions acting at the direction of the governor or other 18 official to prohibit, regulate, or curtail the otherwise lawful 19 possession, carrying, transportation, transfer, or defensive 20 use of firearms or ammunition; to suspend or revoke, except 21 as otherwise authorized, a permit to carry weapons issued 22 pursuant to Code section 724.6 or 724.7 or a permit to acquire 23 pistols or revolvers issued pursuant to Code section 724.15; 24 or to seize or confiscate firearms or ammunition possessed in 25 accordance with state law. 26 The bill does not prohibit the temporary closure or 27 limitations on the operating hours of businesses that sell 28 firearms or ammunition if the same operating restrictions 29 apply to all businesses in the affected area or regulations 30 pertaining to firearms used or carried for official purposes by 31 law enforcement officers or persons acting under the authority 32 of emergency management agencies or officials. 33 The bill allows a person aggrieved by a violation under 34 the bill to seek relief in an action at law or in equity or 35 -2- LSB 1507YH (3) 85 rh/rj 2/ 3

H.F. 74 in any other proper proceeding for actual damages, injunctive 1 relief, or other appropriate redress, including court costs 2 and attorney fees, against a person who commits or causes 3 the commission of such violation. In addition to any other 4 remedy available at law or in equity, a person aggrieved by 5 the seizure or confiscation of a firearm or ammunition in 6 violation of the bill may file an application for its return 7 in the office of the clerk of court for the county in which the 8 property was seized pursuant to Code section 809.3. 9 The bill makes conforming changes to Code sections 29C.3 and 10 29C.6 relating to the governor’s authority under current law to 11 prohibit the possession of firearms or any other deadly weapon 12 by a person other than at that person’s place of residence 13 or business and to suspend or limit the sale, dispensing, or 14 transportation of firearms. 15 -3- LSB 1507YH (3) 85 rh/rj 3/ 3