DATE CREATED: January 30, 2023
LAST ACTION DATE: 02/22/2023
LAST AMENDMENT DATE: 01/30/2023
PROGRESS: In Committee
BILL ID: HF147
CATEGORIES: Justice
REGION: IA
This bill creates the second amendment preservation Act. The bill defines “law-abiding citizen” to include a person who is not otherwise precluded under state law from possessing a firearm and does not include anyone who is not legally present in the United States or the state of Iowa. The bill affirms the state of Iowa’s authority to regulate firearms within its borders. The bill prohibits the enforcement of any federal infringement on the people’s right to keep and bear arms. The bill provides examples of federal actions that are considered infringements on the right to keep and bear arms, including those actions that might reasonably be expected to create a chilling effect on the purchase or ownership of firearms, firearm accessories, or ammunition by law-abiding citizens or any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens. The bill declares void in the state a federal action that is considered an infringement on the right to keep and bear arms. The bill places a duty on courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state and to protect these rights from the infringements defined in the bill. The bill holds liable a political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly to violate the provisions of the bill while acting under color of any state or federal law. The bill also provides that if a political subdivision or law enforcement agency knowingly employs an individual acting or who previously acted as an official, agent, employee, or deputy of the federal government or otherwise acted under the color of federal law within the borders of this state who knowingly enforced or attempted to enforce, or gave material aid and support to the efforts of another to enforce or attempt to enforce, an infringement identified in the bill, the political subdivision or law enforcement agency is subject to a civil penalty of $50,000 for each such person employed. In an action for injunctive relief, a political subdivision or law enforcement agency that is found to have violated the bill is responsible for paying reasonable attorney fees and costs and is subject to a civil penalty of $50,000 for each violation. The bill takes effect upon enactment.
SESSION: 90th General Assembly
VERSIONS: 1
LAST ACTION: Subcommittee recommends passage. Vote Total: 2-1.
ACTIONS: 5
SPONSORS: Jeff Shipley (R)* , Helena Hayes (R)* , Steve Bradley (R)* , Tom Jeneary (R)* , Phil Thompson (R)* , Brad Sherman (R)* , Zach Dieken (R)* , Bob Henderson (R)* , Josh Meggers (R)* , Tom Gerhold (R)* , Anne Osmundson (R)* , Mark Cisneros (R)* , Luana Stoltenberg (R)* , Skyler Wheeler (R)* , Brooke Boden (R)*
KEYWORDS: Carefully Constructed Equilibrium, Reasonable Attorney Fees, Temporary Restraining Order, Demonstrable Criminal Nexus, Including Parental Supervision, Gave Material Aid, Bear Arms Prohibited, Bill Holds Liable, Grant Unlimited Power, Firearms Firearm Accessories
POWERED BY
