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House
File
430
-
Introduced
HOUSE
FILE
430
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
seizure
of
firearms
without
the
1
adjudication
of
a
contested
court
case,
providing
penalties,
2
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
724.33
Anti-red
flag
gun
seizure.
1
1.
This
section
may
be
cited
and
referred
to
as
the
2
“Anti-Red
Flag
Gun
Seizure
Act”
.
3
2.
For
purposes
of
this
section:
4
a.
“Law-abiding
citizen”
means
a
person
that
is
not
5
otherwise
precluded
under
state
law
from
possessing
a
firearm.
6
b.
“Red
flag
law”
means
any
of
the
following:
7
(1)
A
firearm
control
law,
order,
or
measure
that
directs
8
the
temporary
or
permanent
seizure
of
any
firearm,
firearm
9
accessory,
or
ammunition
of
an
individual
without
the
10
adjudication
of
a
contested
court
case.
11
(2)
A
federal
statute,
federal
rule,
federal
executive
12
order,
or
federal
judicial
order
or
finding,
or
any
state
13
statute,
state
rule,
state
executive
order,
or
state
judicial
14
order
or
finding,
that
does
any
of
the
following:
15
(a)
Prohibits
a
resident
from
owning,
possessing,
16
transporting,
transferring,
or
receiving
any
firearm,
firearm
17
accessory,
or
ammunition
without
the
conviction
of
a
violent
18
felony
crime
or
other
disqualification
under
section
724.8B.
19
(b)
Orders
the
removal
or
requires
the
surrender
of
any
20
firearm,
firearm
accessory,
or
ammunition
from
a
resident
21
without
the
conviction
of
a
violent
felony
crime
or
other
22
disqualification
under
section
724.8B.
23
3.
Any
federal
order
of
protection,
other
judicial
order
24
issued
by
a
federal
court,
or
federal
executive
order
that
is
25
a
red
flag
law
or
otherwise
directs
the
confiscation
of
any
26
firearm,
firearm
accessory,
or
ammunition
from
any
law-abiding
27
citizen
within
the
borders
of
this
state
shall
not
be
enforced
28
in
this
state
by
any
state
agency,
political
subdivision,
or
29
state
or
local
law
enforcement
agency.
30
4.
No
state
agency,
political
subdivision,
or
state
or
local
31
law
enforcement
agency
shall
receive
any
federal
moneys
for
32
the
purpose
of
enforcing
any
federal
statute,
federal
rule,
33
federal
executive
order,
or
federal
judicial
order
or
findings,
34
or
for
the
purpose
of
enforcing
any
state
statute,
state
rule,
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state
executive
order,
or
state
judicial
order
or
findings,
1
that
would
have
the
effect
of
enforcing
a
red
flag
law
against
2
a
resident.
3
5.
No
state
entity
or
employee
thereof,
political
4
subdivision
or
employee
thereof,
or
other
person
shall
have
5
the
authority
to
enforce
or
attempt
to
enforce
a
red
flag
law
6
regardless
of
the
red
flag
law’s
origin
or
the
authority
of
the
7
issuing
entity.
This
subsection
shall
not
apply
to
any
agent
8
of
the
federal
government
enforcing
a
federal
law
or
federal
9
order.
10
6.
Nothing
in
this
section
shall
be
construed
to
prevent
a
11
firearm,
firearm
accessory,
or
ammunition
from
being
seized
as
12
evidence
by
law
enforcement
in
the
course
of
an
investigation.
13
7.
a.
A
political
subdivision
or
state
or
local
law
14
enforcement
agency
that
employs
a
law
enforcement
officer
who
15
knowingly
acts
to
violate
this
section
and
enforce
a
red
flag
16
law
under
any
state
or
federal
statute,
rule,
executive
order,
17
or
judicial
order
or
finding
shall
be
liable
to
the
party
18
against
whom
the
red
flag
law
was
enforced
in
an
action
at
law,
19
suit
in
equity,
or
other
proper
proceeding
for
redress
and
20
shall
be
subject
to
a
civil
penalty
of
fifty
thousand
dollars
21
per
occurrence.
22
b.
Any
person
injured
under
this
section
shall
have
standing
23
to
pursue
an
action
for
injunctive
relief
in
the
district
court
24
of
the
county
in
which
the
action
allegedly
occurred
or
in
the
25
district
court
of
Polk
county.
26
c.
The
court
shall
hold
a
hearing
on
any
motion
for
a
27
temporary
restraining
order
or
preliminary
injunction
within
28
thirty
days
of
service
of
the
petition.
29
d.
In
an
action
brought
under
this
section
by
a
party
30
against
whom
the
red
flag
law
was
enforced,
a
court
may
order
31
injunctive
or
other
equitable
relief,
recovery
of
damages,
32
other
legal
remedies,
and
payment
of
reasonable
attorney
fees,
33
costs,
and
expenses
of
the
party.
The
relief
and
remedies
set
34
forth
in
this
section
shall
not
be
deemed
exclusive
and
shall
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be
in
addition
to
any
other
relief
or
remedies
permitted
by
1
law.
The
court
may
award
the
prevailing
party,
if
not
the
2
state
or
a
political
subdivision
thereof,
reasonable
attorney
3
fees
and
costs.
4
e.
Sovereign
immunity
shall
not
be
an
affirmative
defense
to
5
any
action
brought
under
this
section.
6
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
7
importance,
takes
effect
upon
enactment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
establishes
the
“Anti-Red
Flag
Gun
Seizure
Act”
12
related
to
the
seizure
of
firearms
without
the
adjudication
of
13
a
contested
court
case.
14
For
purposes
of
the
bill,
“red
flag
law”
is
defined
as
any
15
firearm
control
law,
order,
or
measure
that
directs
the
seizure
16
of
any
firearm
of
an
individual
without
the
adjudication
of
a
17
contested
court
case;
or
any
federal
or
state
rule,
statute,
18
or
judicial
order
that
prohibits
a
resident
from
owning
19
or
receiving
any
firearm,
or
any
order
for
the
removal
or
20
surrender
of
any
firearm,
unless
such
resident
is
convicted
of
21
a
violent
felony
or
is
otherwise
disqualified
pursuant
to
Code
22
section
724.8B.
23
The
bill
provides
that
any
red
flag
law
that
directs
the
24
confiscation
of
any
firearm
from
any
law-abiding
citizen
within
25
Iowa
will
not
be
enforced
within
Iowa.
26
The
bill
prohibits
any
state
agency,
political
subdivision,
27
or
state
or
local
law
enforcement
agency
from
receiving
any
28
federal
funds
for
the
purpose
of
enforcing
any
federal
law,
29
order,
or
judicial
finding
or
for
the
purpose
of
enforcing
any
30
state
statute,
rule,
order,
or
judicial
finding
that
would
have
31
the
effect
of
enforcing
a
red
flag
law
against
a
resident.
32
The
bill
prohibits
any
person,
including
a
state
entity
33
or
employee
thereof,
or
political
subdivision
or
employee
34
thereof,
from
enforcing
or
attempting
to
enforce
a
red
flag
law
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regardless
of
the
red
flag
law’s
origin
or
the
authority
of
the
1
issuing
entity,
except
that
this
prohibition
shall
not
apply
2
to
any
agent
of
the
federal
government
enforcing
a
federal
law
3
or
federal
order.
4
The
bill
provides
that
any
political
subdivision
or
state
5
or
local
law
enforcement
agency
that
employs
a
law
enforcement
6
officer
that
knowingly
violates
the
provisions
of
the
bill
is
7
liable
to
the
party
against
whom
a
red
flag
law
was
enforced
8
and
additionally
will
be
subject
to
a
civil
penalty
of
$50,000
9
per
occurrence.
10
In
any
action
brought
under
the
provisions
of
the
bill,
a
11
court
may
order
injunctive
or
other
equitable
relief,
recovery
12
of
damages,
other
legal
remedies,
and
payment
of
reasonable
13
attorney
fees,
costs,
and
expenses
of
the
party.
Such
relief
14
must
not
be
exclusive
and
additional
relief
or
remedies
may
be
15
awarded
as
otherwise
permitted
by
law.
16
The
bill
is
effective
upon
enactment.
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