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House
File
428
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Introduced
HOUSE
FILE
428
BY
SHIPLEY
A
BILL
FOR
An
Act
creating
the
second
amendment
preservation
Act,
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Law-abiding
citizen”
means
a
person
who
is
not
otherwise
7
precluded
under
state
law
from
possessing
a
firearm
and
shall
8
not
be
construed
to
include
anyone
who
is
not
legally
present
9
in
the
United
States
or
the
state
of
Iowa.
10
2.
“Material
aid”
includes
but
is
not
limited
to
11
voluntarily
giving
or
allowing
others
to
make
use
of
lodging,
12
communications
equipment
or
services
including
social
media
13
accounts,
facilities,
weapons,
personnel,
transportation,
14
clothing,
or
other
physical
assets.
“Material
aid”
shall
15
not
include
giving
or
allowing
the
use
of
medicine
or
other
16
materials
necessary
to
treat
physical
injuries
or
assistance
17
provided
to
help
persons
escape
a
serious
and
present
risk
of
18
life-threatening
injuries.
19
3.
“Political
subdivision”
means
a
city,
county,
township,
20
or
school
district.
21
4.
“Public
office”
means
any
state
agency,
public
22
institution,
political
subdivision,
or
other
organized
body,
23
office,
agency,
institution,
or
entity
established
by
the
laws
24
of
the
state
for
the
exercise
of
any
function
of
government.
25
5.
“Public
officer”
includes
all
officers,
employees,
or
26
duly
authorized
representatives
or
agents
of
a
public
office
27
in
the
state.
28
Sec.
3.
NEW
SECTION
.
724A.3
Legislative
findings.
29
The
general
assembly
finds
and
declares
the
following:
30
1.
The
general
assembly
is
firmly
resolved
to
support
and
31
defend
the
Constitution
of
the
United
States
against
every
32
aggression,
whether
foreign
or
domestic,
and
is
duty-bound
to
33
oppose
every
infraction
of
those
principles
that
constitute
the
34
basis
of
the
United
States
because
only
a
faithful
observance
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of
those
principles
can
secure
the
nation’s
existence
and
the
1
public
happiness.
2
2.
Acting
through
the
Constitution
of
the
United
States,
the
3
people
of
the
several
states
created
the
federal
government
to
4
be
their
agent
in
the
exercise
of
a
few
defined
powers,
while
5
reserving
for
the
state
governments
the
power
to
legislate
on
6
matters
concerning
the
lives,
liberties,
and
properties
of
7
citizens
in
the
ordinary
course
of
affairs.
8
3.
The
limitation
of
the
federal
government’s
power
is
9
affirmed
under
the
tenth
amendment
to
the
Constitution
of
the
10
United
States,
which
defines
the
total
scope
of
federal
power
11
as
being
that
which
has
been
delegated
by
the
people
of
the
12
several
states
to
the
federal
government,
and
all
power
not
13
delegated
to
the
federal
government
in
the
Constitution
of
the
14
United
States
is
reserved
to
the
states
respectively
or
to
the
15
people
themselves.
16
4.
If
the
federal
government
assumes
powers
that
the
people
17
did
not
grant
it
in
the
Constitution
of
the
United
States,
its
18
acts
are
unauthoritative
and
of
no
force.
19
5.
The
several
states
of
the
United
States
respect
20
the
proper
role
of
the
federal
government
but
reject
the
21
proposition
that
such
respect
requires
unlimited
submission.
22
If
the
government,
created
by
a
compact
among
the
states,
23
was
the
exclusive
or
final
judge
of
the
extent
of
the
powers
24
granted
to
it
by
the
states
through
the
Constitution
of
the
25
United
States,
the
federal
government’s
discretion,
and
not
26
the
Constitution
of
the
United
States,
would
necessarily
27
become
the
measure
of
those
powers.
To
the
contrary,
as
in
28
all
other
cases
of
compacts
among
powers
having
no
common
29
judge,
each
party
has
an
equal
right
to
judge
for
itself
as
to
30
whether
infractions
of
the
compact
have
occurred,
as
well
as
31
to
determine
the
mode
and
measure
of
redress.
Although
the
32
several
states
have
granted
supremacy
to
laws
and
treaties
made
33
under
the
powers
granted
in
the
Constitution
of
the
United
34
States,
such
supremacy
does
not
extend
to
various
federal
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statutes,
executive
orders,
administrative
orders,
court
1
orders,
rules,
regulations,
or
other
actions
that
collect
data
2
or
restrict
or
prohibit
the
manufacture,
ownership,
and
use
3
of
firearms,
firearm
accessories,
or
ammunition
exclusively
4
within
the
borders
of
Iowa.
Such
statutes,
executive
orders,
5
administrative
orders,
court
orders,
rules,
regulations,
6
and
other
actions
exceed
the
powers
granted
to
the
federal
7
government
except
to
the
extent
they
are
necessary
and
proper
8
for
governing
and
regulating
the
United
States
armed
forces
9
or
for
organizing,
arming,
and
disciplining
militia
forces
10
actively
employed
in
the
service
of
the
United
States
armed
11
forces.
12
6.
The
people
of
the
several
states
have
given
the
United
13
States
Congress
the
power
“to
regulate
commerce
with
foreign
14
nations,
and
among
the
several
states”,
but
“regulating
15
commerce”
does
not
include
the
power
to
limit
citizens’
16
right
to
keep
and
bear
arms
in
defense
of
their
families,
17
neighbors,
persons,
or
property,
or
to
dictate
what
sort
of
18
arms
and
accessories
law-abiding
citizens
in
Iowa
may
buy,
19
sell,
exchange,
or
otherwise
possess
within
the
borders
of
this
20
state.
21
7.
The
people
of
the
several
states
have
also
granted
the
22
United
States
Congress
the
power
“to
lay
and
collect
taxes,
23
duties,
imposts
and
excises,
to
pay
the
debts
and
provide
for
24
the
common
defense
and
general
welfare
of
the
United
States”
25
and
“to
make
all
laws
which
shall
be
necessary
and
proper
for
26
carrying
into
execution”
the
powers
vested
by
the
Constitution
27
of
the
United
States
“in
the
government
of
the
United
States,
28
or
in
any
department
or
officer
thereof”.
These
constitutional
29
provisions
merely
identify
the
means
by
which
the
federal
30
government
may
execute
its
limited
powers
and
shall
not
be
31
construed
to
grant
unlimited
power
because
to
do
so
would
be
32
to
destroy
the
carefully
constructed
equilibrium
between
the
33
federal
and
state
governments.
Consequently,
the
general
34
assembly
rejects
any
claim
that
the
taxing
and
spending
powers
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of
the
United
States
Congress
may
be
used
to
diminish
in
any
1
way
the
right
of
the
people
to
keep
and
bear
arms.
2
8.
The
general
assembly
finds
that
the
federal
excise
tax
3
rate
on
arms
and
ammunition
in
effect
prior
to
January
1,
4
2025,
which
funds
programs
under
the
Act
of
Congress
described
5
in
section
456A.27,
does
not
have
a
chilling
effect
on
the
6
purchase
or
ownership
of
such
arms
and
ammunition.
7
9.
The
people
of
Iowa
have
vested
the
general
assembly
8
with
the
authority
to
regulate
the
manufacture,
possession,
9
exchange,
and
use
of
firearms,
firearm
accessories,
or
10
ammunition
within
the
borders
of
this
state,
subject
only
to
11
the
limits
imposed
by
the
second
amendment
to
the
Constitution
12
of
the
United
States
and
the
Constitution
of
the
State
of
Iowa.
13
10.
The
general
assembly
of
the
state
of
Iowa
strongly
14
promotes
responsible
firearm
ownership,
including
parental
15
supervision
of
minors
in
the
proper
use,
storage,
and
ownership
16
of
all
firearms;
the
prompt
reporting
of
stolen
firearms;
and
17
the
proper
enforcement
of
all
state
firearm
laws.
The
general
18
assembly
of
the
state
of
Iowa
hereby
condemns
any
unlawful
19
transfer
of
firearms
and
the
use
of
any
firearm
in
any
criminal
20
or
unlawful
activity.
21
Sec.
4.
NEW
SECTION
.
724A.4
Enforcement
of
infringement
of
22
right
to
keep
and
bear
arms
prohibited.
23
1.
No
public
office,
public
officer,
or
employee
of
this
24
state
or
any
political
subdivision
of
the
state
shall
have
the
25
authority
to
enforce,
attempt
to
enforce,
or
participate
in
any
26
way
in
the
enforcement
of
any
federal
Act,
executive
order,
27
administrative
order,
rule,
regulation,
statute,
or
ordinance
28
regarding
firearms,
firearm
accessories,
or
ammunition
against
29
any
law-abiding
citizen.
30
2.
No
public
office,
public
officer,
or
employee
of
this
31
state
or
any
political
subdivision
of
the
state
shall
accede
32
to
a
request
to
give
material
aid
or
support
to
the
efforts
of
33
another
in
the
enforcement
of
or
implementation
of
any
federal
34
Act,
executive
order,
administrative
order,
rule,
regulation,
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statute,
or
ordinance
regarding
firearms,
firearm
accessories,
1
or
ammunition
against
any
law-abiding
citizen.
2
Sec.
5.
NEW
SECTION
.
724A.5
Liability
for
violation
——
3
actions
for
violations
——
attorney
fees.
4
1.
a.
Any
political
subdivision
or
law
enforcement
agency
5
that
employs
a
law
enforcement
officer
who
acts
knowingly
to
6
violate
the
provisions
of
this
chapter
while
acting
under
color
7
of
any
state
or
federal
law
shall
be
liable
to
the
injured
8
party
in
an
action
at
law,
suit
in
equity,
or
other
proper
9
proceeding
for
redress,
and
subject
to
a
civil
penalty
of
fifty
10
thousand
dollars
per
violation.
11
b.
Any
law-abiding
citizen
injured
under
this
subsection
12
shall
have
standing
to
pursue
an
action
for
injunctive
relief
13
in
the
district
court
of
the
county
in
which
the
action
14
allegedly
occurred
or
in
the
district
court
of
Polk
county.
15
The
court
shall
hold
a
hearing
on
the
motion
for
a
temporary
16
restraining
order
or
a
preliminary
injunction
within
thirty
17
days
of
service
of
the
petition.
18
2.
a.
Any
political
subdivision
or
law
enforcement
agency
19
that
knowingly
employs
an
individual
acting
or
who
previously
20
acted
as
an
official,
agent,
employee,
or
deputy
of
the
21
government
of
the
United
States,
or
otherwise
acted
under
22
the
color
of
federal
law,
who
knowingly
commits
any
of
the
23
following
acts
on
or
after
July
1,
2025,
shall
be
subject
to
a
24
civil
penalty
of
fifty
thousand
dollars
for
each
such
employee
25
employed
by
the
political
subdivision
or
law
enforcement
26
agency:
27
(1)
Enforces,
attempts
to
enforce,
or
participates
in
any
28
manner
in
the
enforcement
or
implementation
of
any
federal
29
Act,
executive
order,
administrative
order,
rule,
regulation,
30
statute,
or
ordinance
regarding
firearms,
accessories,
or
31
ammunition.
32
(2)
Gives
material
aid
or
support
to
the
efforts
of
33
another
in
the
enforcement
or
implementation
of
any
federal
34
Act,
executive
order,
administrative
order,
rule,
regulation,
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statute,
or
ordinance
regarding
firearms,
accessories,
or
1
ammunition.
2
b.
Any
law-abiding
citizen
residing
or
conducting
business
3
in
a
jurisdiction
who
believes
that
an
individual
has
taken
4
action
in
violation
of
the
provisions
of
this
subsection
shall
5
have
standing
to
pursue
an
action
of
injunctive
relief
in
the
6
district
court
of
the
county
in
which
the
action
allegedly
7
occurred
or
in
the
district
court
of
Polk
county.
The
court
8
shall
hold
a
hearing
on
the
motion
for
a
temporary
restraining
9
order
or
a
preliminary
injunction
within
thirty
days
of
service
10
of
the
petition.
11
3.
In
actions
under
this
section,
the
court
may
award
12
the
prevailing
party,
other
than
the
state
or
any
political
13
subdivision
of
the
state,
reasonable
attorney
fees
and
costs.
14
4.
Sovereign
immunity
shall
not
be
an
affirmative
defense
in
15
any
action
pursued
under
this
section.
16
Sec.
6.
NEW
SECTION
.
724A.6
When
action
is
not
a
violation.
17
1.
A
person
does
not
violate
the
provisions
of
this
chapter
18
when
the
person
provides
material
aid
to
federal
officers
19
who
are
in
pursuit
of
a
suspect
when
there
is
a
demonstrable
20
criminal
nexus
with
another
state
or
country
and
such
suspect
21
is
either
not
a
citizen
of
this
state
or
is
not
present
in
this
22
state.
23
2.
A
person
does
not
violate
the
provisions
of
this
chapter
24
when
the
person
provides
material
aid
to
federal
prosecutors
25
for
felony
violations
involving
controlled
substances
or
26
violations
against
another
person
when
such
prosecution
27
includes
weapons
violations
substantially
similar
to
the
laws
28
of
this
state
so
long
as
such
weapons
violations
are
merely
29
ancillary
to
such
prosecution.
30
3.
A
person
does
not
violate
the
provisions
of
this
chapter
31
when
accepting
federal
assistance
for
the
enforcement
of
the
32
laws
of
the
state.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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428
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
creates
the
second
amendment
preservation
Act.
2
The
bill
defines
the
terms
“law-abiding
citizen”,
“material
3
aid”,
“political
subdivision”,
“public
office”,
and
“public
4
officer”.
5
The
bill
places
a
duty
on
courts
and
law
enforcement
agencies
6
of
this
state
to
protect
the
rights
of
law-abiding
citizens
7
to
keep
and
bear
arms
within
the
borders
of
this
state
and
to
8
protect
these
rights
from
the
infringements
defined
in
the
9
bill.
The
bill
holds
liable
a
political
subdivision
or
law
10
enforcement
agency
that
employs
a
law
enforcement
officer
who
11
acts
knowingly
to
violate
the
provisions
of
the
bill
while
12
acting
under
color
of
any
state
or
federal
law.
The
bill
also
13
provides
that
if
a
political
subdivision
or
law
enforcement
14
agency
knowingly
employs
an
individual
acting
or
who
previously
15
acted
as
an
official,
agent,
employee,
or
deputy
of
the
federal
16
government
or
otherwise
acted
under
the
color
of
federal
law
17
within
the
borders
of
this
state
who
knowingly
enforced,
18
attempted
to
enforce,
participated
in,
or
gave
material
aid
19
and
support
to
the
efforts
of
another
to
enforce
or
attempt
to
20
enforce,
an
infringement
identified
in
the
bill,
the
political
21
subdivision
or
law
enforcement
agency
is
subject
to
a
civil
22
penalty
of
$50,000
for
each
such
person
employed.
In
an
23
action
for
injunctive
relief,
the
court
may
hold
a
political
24
subdivision
or
law
enforcement
agency
that
is
found
to
have
25
violated
the
bill
responsible
for
paying
reasonable
attorney
26
fees
and
costs.
27
-7-
LSB
2051HH
(4)
91
sb/js
7/
7