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    Iowa House File 320

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    Luke_McCoy_2863
    This document is a bill that proposes limiting the governor's authority to regulate firearms and ammunition during a state of emergency in Iowa. It provides that emergency declarations cannot be used to prohibit lawful firearm possession, transport, or use. It also guarantees the right to seek legal relief for violations, including seizure of firearms. Exceptions are made for temporary store closures or limits if applied equally, and for official law enforcement or emergency management uses.

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    Iowa House File 320

    Uploaded by

    Luke_McCoy_2863
    3K views4 pages
    This document is a bill that proposes limiting the governor's authority to regulate firearms and ammunition during a state of emergency in Iowa. It provides that emergency declarations cannot be used to prohibit lawful firearm possession, transport, or use. It also guarantees the right to seek legal relief for violations, including seizure of firearms. Exceptions are made for temporary store closures or limits if applied equally, and for official law enforcement or emergency management uses.

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    This document is a bill that proposes limiting the governor's authority to regulate firearms and ammunition during a state of emergency in Iowa. It provides that emergency declarations cannot be used to prohibit lawful firearm possession, transport, or use. It also guarantees the right to seek legal relief for violations, including seizure of firearms. Exceptions are made for temporary store closures or limits if applied equally, and for official law enforcement or emergency management uses.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views4 pages

    Iowa House File 320

    Uploaded by

    Luke_McCoy_2863
    This document is a bill that proposes limiting the governor's authority to regulate firearms and ammunition during a state of emergency in Iowa. It provides that emergency declarations cannot be used to prohibit lawful firearm possession, transport, or use. It also guarantees the right to seek legal relief for violations, including seizure of firearms. Exceptions are made for temporary store closures or limits if applied equally, and for official law enforcement or emergency management uses.

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    House File 320 - Introduced

    HOUSE FILE 320


    BY COMMITTEE ON PUBLIC SAFETY

    (SUCCESSOR TO HSB 18)

    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 1869HV (1) 84


    rh/rj
    H.F. 320

    1 Section 1. Section 29C.3, subsection 4, paragraph e, Code


    2 2011, is amended by striking the paragraph.
    3 Sec. 2. Section 29C.6, subsection 16, Code 2011, is amended
    4 to read as follows:
    5 16. Suspend or limit the sale, dispensing, or
    6 transportation of alcoholic beverages, firearms, explosives,
    7 and combustibles.
    8 Sec. 3. NEW SECTION. 29C.23 Firearms and ammunition ——
    9 limitations —— exceptions —— remedies.
    10 1. This chapter shall not be construed to authorize the
    11 governor or any other official of this state or any of its
    12 political subdivisions or any agent or person acting at the
    13 direction of the governor or any such official to do any of the
    14 following:
    15 a. Prohibit, regulate, or curtail the otherwise lawful
    16 possession, carrying, transportation, transfer, or defensive
    17 use of firearms or ammunition.
    18 b. Suspend or revoke, except in accordance with section
    19 724.13, a permit issued pursuant to section 724.6, 724.7, or
    20 724.15.
    21 c. Seize or confiscate firearms and ammunition possessed in
    22 accordance with the laws of this state.
    23 2. This section shall not prohibit any of the following:
    24 a. The temporary closure or limitations on the operating
    25 hours of businesses that sell firearms or ammunition if the
    26 same operating restrictions apply to all businesses in the
    27 affected area.
    28 b. Regulations pertaining to firearms and ammunition used
    29 or carried for official purposes by law enforcement officers
    30 or persons acting under the authority of emergency management
    31 agencies or officials.
    32 3. a. A person aggrieved by a violation of this section
    33 may seek relief in an action at law or in equity or in any
    34 other proper proceeding for actual damages, injunctive relief,
    35 or other appropriate redress against a person who commits or
    LSB 1869HV (1) 84
    -1- rh/rj 1/3
    H.F. 320

    1 causes the commission of such violation.


    2 b. In addition to any other remedy available at law or in
    3 equity, a person aggrieved by the seizure or confiscation of
    4 a firearm or ammunition in violation of this section may make
    5 application for its return in the office of the clerk of court
    6 for the county in which the property was seized pursuant to
    7 section 809.3.
    8 c. In an action or proceeding to enforce this section, the
    9 court shall award the prevailing plaintiff reasonable court
    10 costs and attorney fees.
    11 EXPLANATION
    12 This bill relates to the regulation of firearms and
    13 ammunition in a state of public emergency.
    14 The bill provides that Code chapter 29C, relating to a
    15 public disorder or disaster emergency proclamation by the
    16 governor, shall not be construed to authorize the governor
    17 or any other official of this state or any of its political
    18 subdivisions acting at the direction of the governor or other
    19 official to prohibit, regulate, or curtail the otherwise lawful
    20 possession, carrying, transportation, transfer, or defensive
    21 use of firearms or ammunition, to suspend or revoke, except
    22 in as otherwise authorized, a permit to carry weapons issued
    23 pursuant to Code section 724.6 or 724.7 or a permit to acquire
    24 pistols or revolvers issued pursuant to Code section 724.15,
    25 or to seize or confiscate firearms or ammunition possessed in
    26 accordance with state law.
    27 The bill does not prohibit the temporary closure or
    28 limitations on the operating hours of businesses that sell
    29 firearms or ammunition if the same operating restrictions
    30 apply to all businesses in the affected area or regulations
    31 pertaining to firearms used or carried for official purposes by
    32 law enforcement officers or persons acting under the authority
    33 of emergency management agencies or officials.
    34 The bill allows a person aggrieved by a violation under
    35 the bill to seek relief in an action at law or in equity or
    LSB 1869HV (1) 84
    -2- rh/rj 2/3
    H.F. 320

    1 in any other proper proceeding for actual damages, injunctive


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

    LSB 1869HV (1) 84


    -3- rh/rj 3/3

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