Iowa-2023-HF147-Introduced

H.F. 147 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 35 -1- LSB 1425YH (4) 90 js/rh 1/ 8

H.F. 147 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. 35 -2- LSB 1425YH (4) 90 js/rh 2/ 8

H.F. 147 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. 35 -3- LSB 1425YH (4) 90 js/rh 3/ 8

H.F. 147 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 35 -4- LSB 1425YH (4) 90 js/rh 4/ 8

H.F. 147 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 35 -5- LSB 1425YH (4) 90 js/rh 5/ 8

H.F. 147 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. 35 -6- LSB 1425YH (4) 90 js/rh 6/ 8

H.F. 147 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 35 -7- LSB 1425YH (4) 90 js/rh 7/ 8

H.F. 147 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. 17 -8- LSB 1425YH (4) 90 js/rh 8/ 8