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Bill > HF428
IA HF428
A bill for an act creating the second amendment preservation Act, and providing penalties.
summary
Introduced
02/17/2025
02/17/2025
In Committee
02/17/2025
02/17/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill creates the second amendment preservation Act. The bill defines the terms “law-abiding citizen”, “material aid”, “political subdivision”, “public office”, and “public officer”. 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, attempted to enforce, participated in, 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, the court may hold a political subdivision or law enforcement agency that is found to have violated the bill responsible for paying reasonable attorney fees and costs.
AI Summary
This bill creates the Second Amendment Preservation Act, which aims to protect Iowans' Second Amendment rights by restricting state and local law enforcement from enforcing certain federal firearms regulations. The bill defines key terms like "law-abiding citizen" (a person legally allowed to possess a firearm and legally present in the US) and "material aid" (assistance that could support federal enforcement actions). The legislation asserts that the federal government has overreached its constitutional powers by attempting to regulate firearms within state borders, and it prohibits state and local officials from enforcing or supporting federal firearms regulations that the bill considers unconstitutional. If a political subdivision or law enforcement agency knowingly employs an officer who assists in enforcing such federal regulations, they can be subject to a $50,000 civil penalty per violation. The bill also provides legal standing for citizens to pursue injunctive relief against such actions and allows for the recovery of attorney fees. Importantly, the bill includes exceptions for assisting federal officers in certain criminal investigations involving suspects from outside the state or prosecutions involving serious criminal violations. The legislation ultimately seeks to create a legal framework that prioritizes state-level interpretation of Second Amendment rights and limits federal regulatory power over firearms within Iowa.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, referred to Judiciary. H.J. 336. (on 02/17/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF428 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF428.html |
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