Bill Text: IA HF147 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act creating the second amendment preservation Act, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2023-02-22 - Subcommittee recommends passage. Vote Total: 2-1. [HF147 Detail]
Download: Iowa-2023-HF147-Introduced.html
House
File
147
-
Introduced
HOUSE
FILE
147
BY
SHIPLEY
,
HAYES
,
BRADLEY
,
JENEARY
,
M.
THOMPSON
,
SHERMAN
,
DIEKEN
,
HENDERSON
,
MEGGERS
,
GERHOLD
,
OSMUNDSON
,
CISNEROS
,
STOLTENBERG
,
WHEELER
,
and
BODEN
A
BILL
FOR
An
Act
creating
the
second
amendment
preservation
Act,
1
providing
penalties,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
724A.1
Short
title.
1
This
chapter
may
be
cited
and
referred
to
as
the
“Second
2
Amendment
Preservation
Act”
.
3
Sec.
2.
NEW
SECTION
.
724A.2
Definition.
4
As
used
in
this
chapter,
“law-abiding
citizen”
means
a
person
5
who
is
not
otherwise
precluded
under
state
law
from
possessing
6
a
firearm
and
shall
not
be
construed
to
include
anyone
who
is
7
not
legally
present
in
the
United
States
or
the
state
of
Iowa.
8
Sec.
3.
NEW
SECTION
.
724A.3
Legislative
findings.
9
The
general
assembly
finds
and
declares
the
following:
10
1.
The
general
assembly
is
firmly
resolved
to
support
and
11
defend
the
Constitution
of
the
United
States
against
every
12
aggression,
whether
foreign
or
domestic,
and
is
duty-bound
to
13
oppose
every
infraction
of
those
principles
that
constitute
the
14
basis
of
the
United
States
because
only
a
faithful
observance
15
of
those
principles
can
secure
the
nation’s
existence
and
the
16
public
happiness.
17
2.
Acting
through
the
Constitution
of
the
United
States,
the
18
people
of
the
several
states
created
the
federal
government
to
19
be
their
agent
in
the
exercise
of
a
few
defined
powers,
while
20
reserving
for
the
state
governments
the
power
to
legislate
on
21
matters
concerning
the
lives,
liberties,
and
properties
of
22
citizens
in
the
ordinary
course
of
affairs.
23
3.
The
limitation
of
the
federal
government’s
power
is
24
affirmed
under
the
tenth
amendment
to
the
Constitution
of
the
25
United
States,
which
defines
the
total
scope
of
federal
power
26
as
being
that
which
has
been
delegated
by
the
people
of
the
27
several
states
to
the
federal
government,
and
all
power
not
28
delegated
to
the
federal
government
in
the
Constitution
of
the
29
United
States
is
reserved
to
the
states
respectively
or
to
the
30
people
themselves.
31
4.
If
the
federal
government
assumes
powers
that
the
people
32
did
not
grant
it
in
the
Constitution
of
the
United
States,
its
33
acts
are
unauthoritative,
void,
and
of
no
force.
34
5.
The
several
states
of
the
United
States
respect
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the
proper
role
of
the
federal
government
but
reject
the
1
proposition
that
such
respect
requires
unlimited
submission.
2
If
the
government,
created
by
a
compact
among
the
states,
3
was
the
exclusive
or
final
judge
of
the
extent
of
the
powers
4
granted
to
it
by
the
states
through
the
Constitution
of
the
5
United
States,
the
federal
government’s
discretion,
and
not
6
the
Constitution
of
the
United
States,
would
necessarily
7
become
the
measure
of
those
powers.
To
the
contrary,
as
in
8
all
other
cases
of
compacts
among
powers
having
no
common
9
judge,
each
party
has
an
equal
right
to
judge
for
itself
as
to
10
whether
infractions
of
the
compact
have
occurred,
as
well
as
11
to
determine
the
mode
and
measure
of
redress.
Although
the
12
several
states
have
granted
supremacy
to
laws
and
treaties
made
13
under
the
powers
granted
in
the
Constitution
of
the
United
14
States,
such
supremacy
does
not
extend
to
various
federal
15
statutes,
executive
orders,
administrative
orders,
court
16
orders,
rules,
regulations,
or
other
actions
that
collect
data
17
or
restrict
or
prohibit
the
manufacture,
ownership,
and
use
18
of
firearms,
firearm
accessories,
or
ammunition
exclusively
19
within
the
borders
of
Iowa.
Such
statutes,
executive
orders,
20
administrative
orders,
court
orders,
rules,
regulations,
21
and
other
actions
exceed
the
powers
granted
to
the
federal
22
government
except
to
the
extent
they
are
necessary
and
proper
23
for
governing
and
regulating
the
United
States
armed
forces
24
or
for
organizing,
arming,
and
disciplining
militia
forces
25
actively
employed
in
the
service
of
the
United
States
armed
26
forces.
27
6.
The
people
of
the
several
states
have
given
the
United
28
States
Congress
the
power
“to
regulate
commerce
with
foreign
29
nations,
and
among
the
several
states”,
but
“regulating
30
commerce”
does
not
include
the
power
to
limit
citizens’
right
31
to
keep
and
bear
arms
in
defense
of
their
families,
neighbors,
32
persons,
or
property,
or
to
dictate
what
sort
of
arms
and
33
accessories
law-abiding
Iowans
may
buy,
sell,
exchange,
or
34
otherwise
possess
within
the
borders
of
this
state.
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7.
The
people
of
the
several
states
have
also
granted
the
1
United
States
Congress
the
power
“to
lay
and
collect
taxes,
2
duties,
imposts
and
excises,
to
pay
the
debts
and
provide
for
3
the
common
defense
and
general
welfare
of
the
United
States”
4
and
“to
make
all
laws
which
shall
be
necessary
and
proper
for
5
carrying
into
execution”
the
powers
vested
by
the
Constitution
6
of
the
United
States
“in
the
government
of
the
United
States,
7
or
in
any
department
or
officer
thereof”.
These
constitutional
8
provisions
merely
identify
the
means
by
which
the
federal
9
government
may
execute
its
limited
powers
and
shall
not
be
10
construed
to
grant
unlimited
power
because
to
do
so
would
be
11
to
destroy
the
carefully
constructed
equilibrium
between
the
12
federal
and
state
governments.
Consequently,
the
general
13
assembly
rejects
any
claim
that
the
taxing
and
spending
powers
14
of
the
United
States
Congress
may
be
used
to
diminish
in
any
15
way
the
right
of
the
people
to
keep
and
bear
arms.
16
8.
The
general
assembly
finds
that
the
federal
excise
tax
17
rate
on
arms
and
ammunition
in
effect
prior
to
January
1,
18
2022,
which
funds
programs
under
the
Act
of
Congress
described
19
in
section
456A.27,
does
not
have
a
chilling
effect
on
the
20
purchase
or
ownership
of
such
arms
and
ammunition.
21
9.
The
people
of
Iowa
have
vested
the
general
assembly
22
with
the
authority
to
regulate
the
manufacture,
possession,
23
exchange,
and
use
of
firearms
firearm
accessories,
or
24
ammunition
within
the
borders
of
this
state,
subject
only
to
25
the
limits
imposed
by
the
second
amendment
to
the
Constitution
26
of
the
United
States
and
the
Constitution
of
the
State
of
Iowa.
27
10.
The
general
assembly
of
the
state
of
Iowa
strongly
28
promotes
responsible
firearm
ownership,
including
parental
29
supervision
of
minors
in
the
proper
use,
storage,
and
ownership
30
of
all
firearms;
the
prompt
reporting
of
stolen
firearms;
and
31
the
proper
enforcement
of
all
state
firearm
laws.
The
general
32
assembly
of
the
state
of
Iowa
hereby
condemns
any
unlawful
33
transfer
of
firearms
and
the
use
of
any
firearm
in
any
criminal
34
or
unlawful
activity.
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Sec.
4.
NEW
SECTION
.
724A.4
Federal
infringements
on
the
1
right
to
keep
and
bear
arms.
2
Federal
infringements
on
the
people’s
right
to
keep
and
3
bear
arms,
as
guaranteed
by
the
second
amendment
to
the
4
Constitution
of
the
United
States
and
Article
1,
section
1A
of
5
the
Constitution
of
the
State
of
Iowa,
within
the
borders
of
6
this
state
include
but
shall
not
be
limited
to
the
following
7
federal
acts,
laws,
executive
orders,
administrative
orders,
8
court
orders,
rules,
and
regulations:
9
1.
Any
tax,
levy,
fee,
or
stamp
imposed
on
firearms,
firearm
10
accessories,
or
ammunition
not
common
to
all
other
goods
and
11
services
and
that
might
reasonably
be
expected
to
create
a
12
chilling
effect
on
the
purchase
or
ownership
of
firearms,
13
firearm
accessories,
or
ammunition
by
law-abiding
citizens.
14
2.
Any
registering
or
tracking
of
firearms,
firearm
15
accessories,
or
ammunition
that
might
reasonably
be
expected
16
to
create
a
chilling
effect
on
the
purchase
or
ownership
of
17
firearms,
firearm
accessories,
or
ammunition
by
law-abiding
18
citizens.
19
3.
Any
registering
or
tracking
of
the
owners
of
firearms,
20
firearm
accessories,
or
ammunition
that
might
reasonably
21
be
expected
to
create
a
chilling
effect
on
the
purchase
or
22
ownership
of
firearms,
firearm
accessories,
or
ammunition
by
23
law-abiding
citizens.
24
4.
Any
act
forbidding
the
possession,
ownership,
use,
or
25
transfer
of
firearms,
firearm
accessories,
or
ammunition
by
26
law-abiding
citizens.
27
5.
Any
act
ordering
the
confiscation
of
firearms,
firearm
28
accessories,
or
ammunition
from
law-abiding
citizens.
29
Sec.
5.
NEW
SECTION
.
724A.5
Federal
infringement
void.
30
All
federal
acts,
laws,
executive
orders,
administrative
31
orders,
court
orders,
rules,
and
regulations,
regardless
if
32
enacted
before
or
after
the
provisions
this
chapter,
that
33
infringe
on
the
people’s
right
to
keep
and
bear
arms
as
34
guaranteed
by
the
second
amendment
to
the
Constitution
of
the
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United
States
shall
be
invalid
in
this
state,
shall
not
be
1
recognized
by
this
state,
shall
be
specifically
rejected
by
2
this
state,
and
shall
not
be
enforced
by
this
state.
3
Sec.
6.
NEW
SECTION
.
724A.6
Protection
of
right
to
keep
and
4
bear
arms.
5
It
shall
be
the
duty
of
the
courts
and
law
enforcement
6
agencies
of
this
state
to
protect
the
rights
of
law-abiding
7
citizens
to
keep
and
bear
arms
within
the
borders
of
this
state
8
and
to
protect
these
rights
from
the
infringements
described
9
in
section
724A.4.
10
Sec.
7.
NEW
SECTION
.
724A.7
Enforcement
of
infringement
of
11
right
to
keep
and
bear
arms
prohibited.
12
No
person,
including
any
public
officer
or
employee
of
this
13
state
or
any
political
subdivision
of
this
state,
shall
have
14
the
authority
to
enforce
or
attempt
to
enforce
any
federal
15
acts,
laws,
executive
orders,
administrative
orders,
court
16
orders,
rules,
regulations,
statutes,
or
ordinances
infringing
17
on
the
right
to
keep
and
bear
arms
as
described
in
section
18
724A.4.
Nothing
in
this
chapter
shall
be
construed
to
prohibit
19
Iowa
officials
from
accepting
aid
from
federal
officials
in
an
20
effort
to
enforce
Iowa
laws.
21
Sec.
8.
NEW
SECTION
.
724A.8
Liability
for
violation
——
22
actions
for
violations
——
attorney
fees.
23
1.
a.
Any
political
subdivision
or
law
enforcement
agency
24
that
employs
a
law
enforcement
officer
who
acts
knowingly
to
25
violate
the
provisions
of
this
chapter
while
acting
under
color
26
of
any
state
or
federal
law
shall
be
liable
to
the
injured
27
party
in
an
action
at
law,
suit
in
equity,
or
other
proper
28
proceeding
for
redress,
and
subject
to
a
civil
penalty
of
fifty
29
thousand
dollars
per
violation.
30
b.
Any
person
injured
under
this
subsection
shall
have
31
standing
to
pursue
an
action
for
injunctive
relief
in
the
32
district
court
of
the
county
in
which
the
action
allegedly
33
occurred
or
in
the
district
court
of
Polk
county.
The
court
34
shall
hold
a
hearing
on
the
motion
for
a
temporary
restraining
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order
or
a
preliminary
injunction
within
thirty
days
of
service
1
of
the
petition.
2
2.
Any
political
subdivision
or
law
enforcement
agency
that
3
knowingly
employs
an
individual
acting
or
who
previously
acted
4
as
an
official,
agent,
employee,
or
deputy
of
the
government
5
of
the
United
States,
or
otherwise
acted
under
the
color
of
6
federal
law
within
the
borders
of
this
state,
who
has
knowingly
7
enforced
or
attempted
to
enforce
any
of
the
infringements
8
identified
in
section
724A.4,
or
has
knowingly
given
material
9
aid
and
support
to
the
efforts
of
another
who
enforces
or
10
attempts
to
enforce
any
of
the
infringements
identified
in
11
section
724A.4,
shall
be
subject
to
a
civil
penalty
of
fifty
12
thousand
dollars
per
such
employee
hired
by
the
political
13
subdivision
or
law
enforcement
agency.
Any
person
residing
14
or
conducting
business
in
a
jurisdiction
who
believes
that
an
15
individual
has
taken
action
in
that
jurisdiction
that
would
16
violate
the
provisions
of
this
subsection
shall
have
standing
17
to
pursue
an
action
for
injunctive
relief
in
the
district
court
18
of
the
county
in
which
the
action
allegedly
occurred
or
in
19
the
district
court
of
Polk
county.
The
court
shall
hold
a
20
hearing
on
the
motion
for
a
temporary
restraining
order
or
a
21
preliminary
injunction
within
thirty
days
of
service
of
the
22
petition.
23
3.
In
actions
under
this
section,
the
court
may
award
24
the
prevailing
party,
other
than
the
state
or
any
political
25
subdivision
of
the
state,
reasonable
attorney
fees
and
costs.
26
4.
Sovereign
immunity
shall
not
be
an
affirmative
defense
in
27
any
action
pursued
under
this
section.
28
Sec.
9.
NEW
SECTION
.
724A.9
When
action
is
not
a
violation.
29
1.
A
person
does
not
violate
the
provisions
of
this
chapter
30
when
the
person
provides
material
aid
to
federal
officers
31
who
are
in
pursuit
of
a
suspect
when
there
is
a
demonstrable
32
criminal
nexus
with
another
state
or
country
and
such
suspect
33
is
either
not
a
citizen
of
this
state
or
is
not
present
in
this
34
state.
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2.
A
person
does
not
violate
the
provisions
of
this
chapter
1
when
the
person
provides
material
aid
to
federal
prosecutors
2
for
felony
violations
involving
controlled
substances
or
3
violations
against
another
person
when
such
prosecution
4
includes
weapons
violations
substantially
similar
to
the
laws
5
of
this
state
so
long
as
such
weapons
violations
are
merely
6
ancillary
to
such
prosecution.
7
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
8
immediate
importance,
takes
effect
upon
enactment.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
creates
the
second
amendment
preservation
Act.
13
The
bill
defines
“law-abiding
citizen”
to
include
a
person
14
who
is
not
otherwise
precluded
under
state
law
from
possessing
15
a
firearm
and
does
not
include
anyone
who
is
not
legally
16
present
in
the
United
States
or
the
state
of
Iowa.
The
bill
17
affirms
the
state
of
Iowa’s
authority
to
regulate
firearms
18
within
its
borders.
The
bill
prohibits
the
enforcement
of
any
19
federal
infringement
on
the
people’s
right
to
keep
and
bear
20
arms.
The
bill
provides
examples
of
federal
actions
that
are
21
considered
infringements
on
the
right
to
keep
and
bear
arms,
22
including
those
actions
that
might
reasonably
be
expected
23
to
create
a
chilling
effect
on
the
purchase
or
ownership
of
24
firearms,
firearm
accessories,
or
ammunition
by
law-abiding
25
citizens
or
any
act
ordering
the
confiscation
of
firearms,
26
firearm
accessories,
or
ammunition
from
law-abiding
citizens.
27
The
bill
declares
void
in
the
state
a
federal
action
that
is
28
considered
an
infringement
on
the
right
to
keep
and
bear
arms.
29
The
bill
places
a
duty
on
courts
and
law
enforcement
agencies
30
of
this
state
to
protect
the
rights
of
law-abiding
citizens
31
to
keep
and
bear
arms
within
the
borders
of
this
state
and
to
32
protect
these
rights
from
the
infringements
defined
in
the
33
bill.
The
bill
holds
liable
a
political
subdivision
or
law
34
enforcement
agency
that
employs
a
law
enforcement
officer
who
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acts
knowingly
to
violate
the
provisions
of
the
bill
while
1
acting
under
color
of
any
state
or
federal
law.
The
bill
also
2
provides
that
if
a
political
subdivision
or
law
enforcement
3
agency
knowingly
employs
an
individual
acting
or
who
previously
4
acted
as
an
official,
agent,
employee,
or
deputy
of
the
federal
5
government
or
otherwise
acted
under
the
color
of
federal
law
6
within
the
borders
of
this
state
who
knowingly
enforced
or
7
attempted
to
enforce,
or
gave
material
aid
and
support
to
8
the
efforts
of
another
to
enforce
or
attempt
to
enforce,
an
9
infringement
identified
in
the
bill,
the
political
subdivision
10
or
law
enforcement
agency
is
subject
to
a
civil
penalty
of
11
$50,000
for
each
such
person
employed.
In
an
action
for
12
injunctive
relief,
a
political
subdivision
or
law
enforcement
13
agency
that
is
found
to
have
violated
the
bill
is
responsible
14
for
paying
reasonable
attorney
fees
and
costs
and
is
subject
to
15
a
civil
penalty
of
$50,000
for
each
violation.
16
The
bill
takes
effect
upon
enactment.
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