Bill Text: IA SSB3138 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to firearms and weapons, including the storage, carrying, possession, or transportation of weapons and the establishment, use, and maintenance of shooting ranges.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-02-17 - Subcommittee Meeting: 02/19/2020 12:00PM RM G17. [SSB3138 Detail]

Download: Iowa-2019-SSB3138-Introduced.html
Senate Study Bill 3138 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to firearms and weapons, including the storage, 1 carrying, possession, or transportation of weapons and the 2 establishment, use, and maintenance of shooting ranges. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5735XC (1) 88 js/rh
S.F. _____ Section 1. NEW SECTION . 335.26 Shooting ranges. 1 In approving the improvement of property acquired to 2 establish, use, and maintain a new shooting range or in 3 approving a substantial change to an existing shooting range 4 pursuant to section 657.9, subsection 1, the county zoning 5 commission, or if there is not a county zoning commission, 6 the county board of supervisors, shall not require a person 7 seeking approval to comply with any conditions relating to the 8 establishment, use, or maintenance of the shooting range that 9 are more stringent than those imposed by state law. 10 Sec. 2. NEW SECTION . 414.26 Shooting ranges. 11 In approving the improvement of property acquired to 12 establish, use, and maintain a new shooting range or in 13 approving a substantial change to an existing shooting range 14 pursuant to section 657.9, subsection 1, the city zoning 15 commission, or if there is not a city zoning commission, the 16 city council, shall not require a person seeking approval to 17 comply with any conditions relating to the establishment, use, 18 or maintenance of the shooting range that are more stringent 19 than those imposed by state law. 20 Sec. 3. Section 724.28, subsections 2 and 3, Code 2020, are 21 amended to read as follows: 22 2. A political subdivision of the state shall not enact 23 an ordinance regulating the ownership, possession, legal 24 transfer, lawful transportation, modification, registration, or 25 licensing of firearms , firearms attachments, or other weapons 26 when the ownership, possession, transfer, or transportation , or 27 modification is otherwise lawful under the laws of this state. 28 An ordinance regulating firearms , firearms attachments, or 29 other weapons in violation of this section existing on or after 30 April 5, 1990, is void. 31 3. If a political subdivision of the state, prior to, 32 on, or after July 1, 2017 2020 , adopts, makes, enacts, or 33 amends any ordinance, measure, enactment, rule, resolution, 34 motion, or policy regulating the ownership, possession, legal 35 -1- LSB 5735XC (1) 88 js/rh 1/ 4
S.F. _____ transfer, lawful transportation, modification, registration, or 1 licensing of firearms , firearms attachments, or other weapons 2 when the ownership, possession, transfer, transportation, 3 modification, registration, or license licensing of firearms, 4 firearms attachments, or other weapons is otherwise lawful 5 under the laws of this state, a person adversely affected by 6 the ordinance, measure, enactment, rule, resolution, motion, or 7 policy may file suit in the appropriate court for declaratory 8 and injunctive relief for damages and all damages attributable 9 to the violation. A court shall also award the prevailing 10 party in any such lawsuit reasonable attorney fees and court 11 costs . 12 Sec. 4. Section 724.28, Code 2020, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 4. A political subdivision of the state 15 may restrict the carrying, possession, or transportation 16 of firearms or other dangerous weapons in the buildings or 17 physical structures located on property under the political 18 subdivision’s control if adequate arrangements are made by the 19 political subdivision to screen persons for firearms or other 20 dangerous weapons and the political subdivision provides armed 21 security personnel inside the building or physical structure 22 where the restriction is to be in effect. 23 NEW SUBSECTION . 5. A political subdivision of the state 24 shall not enact an ordinance, motion, resolution, or amendment 25 regulating the storage of weapons or ammunition. An ordinance, 26 motion, resolution, or amendment regulating the storage of 27 weapons or ammunition existing on or after July 1, 2020, is 28 void. This subsection shall not be construed to preclude a 29 political subdivision from regulating the storage of explosive 30 materials consistent with chapter 101A. 31 Sec. 5. NEW SECTION . 724.32 County courthouse —— weapon 32 prohibitions. 33 A supreme court or judicial branch order that prohibits 34 a person from lawfully carrying, possessing, or transporting 35 -2- LSB 5735XC (1) 88 js/rh 2/ 4
S.F. _____ a weapon in a county courthouse or other joint-use public 1 facility shall be unenforceable unless the judicial order 2 applies only to a courtroom or a court office, or to a 3 courthouse used only for judicial branch functions. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the carrying, possession, or 8 transportation of weapons in buildings or physical structures 9 located on property under the control of a political 10 subdivision and in county courthouses, and the regulation by 11 counties and cities relating to the storage of weapons and 12 shooting ranges. 13 Current law requires a person to obtain the approval of the 14 appropriate county or city zoning commission, or if the county 15 or city does not have a zoning commission, the county board 16 of supervisors or the city council, before improving property 17 acquired to establish, use, and maintain a shooting range or 18 before substantially changing the existing use of a shooting 19 range. The bill prohibits the appropriate commission, the 20 county board of supervisors, or the city council from requiring 21 the person seeking approval to comply with any conditions on 22 the establishment, use, or maintenance of a shooting range that 23 are more stringent than those imposed by state law. 24 Current law provides that a political subdivision shall not 25 enact, adopt, make, or amend any ordinance, measure, enactment, 26 rule, resolution, motion, or policy that regulates the 27 ownership, possession, legal transfer, lawful transportation, 28 registration, or licensing of firearms when the ownership, 29 possession, transfer, transportation, registration, or license 30 is otherwise lawful, and that a person adversely affected 31 by such an ordinance, measure, enactment, rule, resolution, 32 motion, or policy may file suit in the appropriate court for 33 declaratory and injunctive relief for damages. The bill 34 extends this prohibition to modifications and further provides 35 -3- LSB 5735XC (1) 88 js/rh 3/ 4
S.F. _____ that the prohibition applies to firearm attachments and other 1 weapons. The bill provides that a person adversely affected 2 may also file a lawsuit for damages attributable to the 3 violation. The bill provides that a court shall also award the 4 prevailing party reasonable attorney fees and court costs. 5 The bill provides that political subdivisions may restrict 6 the carrying, possession, or transportation of firearms or 7 other dangerous weapons in the buildings or physical structures 8 located on property under the political subdivision’s control 9 if arrangements are made to screen persons entering into the 10 building or physical structure and the political subdivision 11 provides armed security personnel inside the building or 12 physical structure. 13 The bill prohibits a political subdivision from enacting 14 an ordinance, motion, resolution, or amendment regulating 15 the storage of weapons or ammunition and any such ordinance, 16 motion, resolution, or amendment existing on or after July 1, 17 2020, is void. However, the bill does not preclude a political 18 subdivision from regulating the storage of explosive materials 19 consistent with Code chapter 101A. 20 The bill provides that a supreme court or judicial branch 21 order that prohibits a person from carrying, possessing, or 22 transporting a weapon in a county courthouse or other joint-use 23 public facility shall be unenforceable unless the judicial 24 order applies only to a courtroom or a court office, or to a 25 courthouse used only for judicial branch functions. 26 -4- LSB 5735XC (1) 88 js/rh 4/ 4
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