Bill Text: IA HF2280 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of firearms and ammunition in a state of public emergency and providing a remedy. (Formerly HF 2044)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-02-24 - Subcommittee, Horn, Sodders, and Whitver. S.J. 359. [HF2280 Detail]
Download: Iowa-2015-HF2280-Introduced.html
House File 2280 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2044) A BILL FOR 1 An Act relating to the regulation of firearms and ammunition in 2 a state of public emergency and providing a remedy. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5058HV (1) 86 jm/rj PAG LIN 1 1 Section 1. Section 29C.3, subsection 4, paragraph e, Code 1 2 2016, is amended by striking the paragraph. 1 3 Sec. 2. Section 29C.6, subsection 16, Code 2016, is amended 1 4 to read as follows: 1 5 16. Suspend or limit the sale, dispensing, or 1 6 transportation of alcoholic beverages,firearms,explosives, 1 7 and combustibles. 1 8 Sec. 3. NEW SECTION. 29C.24 Firearms and ammunition ==== 1 9 limitations ==== exceptions ==== remedies. 1 10 1. This chapter shall not be construed to authorize the 1 11 governor or any other official of this state or any of its 1 12 political subdivisions or any agent or person acting at the 1 13 direction of the governor or any such official to do any of the 1 14 following: 1 15 a. Prohibit, regulate, or curtail the otherwise lawful 1 16 possession, carrying, transportation, transfer, or defensive 1 17 use of firearms or ammunition. 1 18 b. Suspend or revoke, except in accordance with section 1 19 724.13, a permit issued pursuant to section 724.6, 724.7, or 1 20 724.15. 1 21 c. Seize or confiscate firearms and ammunition possessed in 1 22 accordance with the laws of this state. 1 23 2. This section shall not prohibit any of the following: 1 24 a. The temporary closure or limitations on the operating 1 25 hours of businesses that sell firearms or ammunition if the 1 26 same operating restrictions apply to all businesses in the 1 27 affected area. 1 28 b. The adoption or enforcement of regulations pertaining to 1 29 firearms and ammunition used or carried for official purposes 1 30 by law enforcement officers or persons acting under the 1 31 authority of emergency management agencies or officials. 1 32 3. a. A person aggrieved by a violation of this section 1 33 may seek relief in an action at law or in equity or in any 1 34 other proper proceeding for actual damages, injunctive relief, 1 35 or other appropriate redress against a person who commits or 2 1 causes the commission of such violation. 2 2 b. In addition to any other remedy available at law or 2 3 in equity, a person aggrieved by the seizure or confiscation 2 4 of a firearm or ammunition in violation of this section may 2 5 make application pursuant to section 809.3 for its return in 2 6 the office of the clerk of court for the county in which the 2 7 property was seized. 2 8 c. In an action or proceeding to enforce this section, the 2 9 court shall award the prevailing plaintiff reasonable court 2 10 costs and attorney fees. 2 11 EXPLANATION 2 12 The inclusion of this explanation does not constitute agreement with 2 13 the explanation's substance by the members of the general assembly. 2 14 This bill relates to the regulation of firearms and 2 15 ammunition in a state of public emergency. 2 16 The bill provides that Code chapter 29C, relating to a public 2 17 disorder or disaster emergency proclamation by the governor, 2 18 shall not be construed to authorize the governor or any other 2 19 official of this state or any of its political subdivisions 2 20 acting at the direction of the governor or other official to 2 21 prohibit, regulate, or curtail the otherwise lawful possession, 2 22 carrying, transportation, transfer, or defensive use of 2 23 firearms or ammunition; to suspend or revoke a permit to carry 2 24 or acquire, except as otherwise authorized under Code sections 2 25 724.6 (professional permit to carry), 724.7 (nonprofessional 2 26 permit to carry), and 724.15 (permit to acquire); or to seize 2 27 or confiscate firearms or ammunition possessed in accordance 2 28 with state law. 2 29 The bill does not prohibit the temporary closure or 2 30 limitations on the operating hours of businesses that sell 2 31 firearms or ammunition if the same operating restrictions 2 32 apply to all businesses in the affected area or the adoption 2 33 or enforcement of regulations pertaining to firearms used or 2 34 carried for official purposes by law enforcement officers or 2 35 persons acting under the authority of emergency management 3 1 agencies or officials. 3 2 The bill allows a person aggrieved by a violation of the bill 3 3 to seek relief in an action at law or in equity or in any other 3 4 proper proceeding for actual damages, injunctive relief, or 3 5 other appropriate redress, including court costs and attorney 3 6 fees, against a person who commits or causes the commission 3 7 of such violation. In addition to any other remedy available 3 8 at law or in equity, a person aggrieved by the seizure or 3 9 confiscation of a firearm or ammunition in violation of the 3 10 bill may file an application pursuant to Code section 809.3 for 3 11 its return in the office of the clerk of court for the county in 3 12 which the property was seized. 3 13 The bill makes conforming changes to Code sections 29C.3 and 3 14 29C.6 relating to the governor's authority under current law to 3 15 prohibit the possession of firearms or any other deadly weapon 3 16 by a person other than at that person's place of residence 3 17 or business and to suspend or limit the sale, dispensing, or 3 18 transportation of firearms. LSB 5058HV (1) 86 jm/rj
