Iowa Code § 724.28

Current through bills signed by governor as of 5/17/2024
Section 724.28 - [Effective 1/1/2025] Prohibition of regulation by political subdivisions - exception
1. As used in this section, "political subdivision of the state" means a city, county, or township.
2. A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, or modification is otherwise lawful under the laws of this state. An ordinance regulating firearms, firearms attachments, or other weapons in violation of this section existing on or after April 5, 1990, is void.
3. If a political subdivision of the state, prior to, on, or after July 1, 2020, adopts, makes, enacts, or amends any ordinance, measure, enactment, rule, resolution, motion, or policy regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, carrying, transfer, transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons is otherwise lawful under the laws of this state, a person adversely affected by the ordinance, measure, enactment, rule, resolution, motion, or policy may file suit in the appropriate court for declaratory and injunctive relief and all damages attributable to the violation, including all of the following:
a. A court shall assess against the political subdivision of the state damages in the amount of not more than five hundred dollars and not less than one hundred dollars per day after providing written notice to the political subdivision of the state of the violation, not to exceed five thousand dollars. However, if the political subdivision of the state knowingly participated in such a violation, damages shall be assessed against the political subdivision of the state in the amount of not more than two thousand five hundred dollars and not less than one thousand dollars per day after providing written notice to the political subdivision of the state of the violation, not to exceed twenty-five thousand dollars. These damages shall be paid by the political subdivision of the state directly to the adversely affected person.
b. The court shall award the prevailing party in any such lawsuit reasonable attorney fees and court costs.
c. The court, for good cause, may assess damages in excess of the amounts set forth in paragraph "a" against the political subdivision of the state found to be in violation of this subsection.
4. A political subdivision of the state may restrict the carrying, possession, or transportation of firearms or other dangerous weapons in the buildings or physical structures located on property under the political subdivision's control if adequate arrangements are made by the political subdivision to screen persons for firearms or other dangerous weapons and the political subdivision provides armed security personnel inside the building or physical structure where the restriction is to be in effect.
5. A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the storage of weapons or ammunition. An ordinance, motion, resolution, policy, or amendment regulating the storage of weapons or ammunition existing on or after July 1, 2020, is void. This subsection shall not be construed to preclude a political subdivision from regulating the storage of explosive materials consistent with chapter 101A.

Iowa Code § 724.28

Amended by 2024 Iowa HF 2556,s 1, eff. 1/1/2025.
Amended by 2021 Iowa, ch 35, s 21, eff. 7/1/2021.
Amended by 2020 Iowa, ch 1099, s 4, eff. 7/1/2020.
Amended by 2020 Iowa, ch 1099, s 3, eff. 7/1/2020.
Amended by 2017 Iowa, ch 69, s 32, eff. 7/1/2017.
90 Acts, ch 1147, §9
This section is set out more than once due to postponed, multiple, or conflicting amendments.