Iowa Legislature Passes Long Sought Preemption and Range Protection Legislation

On June third, the first day the Iowa legislature re-convened after the Wuhan Flu shutdown, the Iowa Senate passed a comprehensive gun law reform bill which restricts political subdivisions of Iowa government from infringing on Second Amendment rights. HF 2502 passed  32-17. There are 34 Republicans in the Iowa Senate.

Second Amendment supporters have been attempting to pass the bill for several years.

HF 2502 had passed in the Iowa House on 27 February, 2020 , on a 52 to 44 vote, with 4 members not voting. There are 56 Republicans and 44 Democrats in the Iowa House. The bill was earlier reported on as HSB 615.

There are six  main components of HF 2502.

First:  Current and future shooting ranges are protected against local governments.  Ranges or range improvements may not be singled out for special treatment.  Only the same zoning restrictions that are applied  other uses, may be applied to ranges.  Range specific restrictions are limited to those specified in state law.

Second: Protections for the modification of firearms, firearm attachments, and other weapons, have been added to the state preemption law.. Any such local ordinance, enacted after 5 April, 1990, shall be void.

Third: H.F. 2502 empowers those adversely affected after 1 July, 2020, by such local ordinances, to file suit for damages, attorney fees and court costs.  From iowa.gov (bold added):

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, legal  transfer, lawful transportation, modification, registration, or  licensing of firearms , firearms attachments, or other weapons  when the ownership, possession, transfer, transportation,  modification, registration, or license 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. A court shall also award the prevailing  party in any such lawsuit reasonable attorney fees and court costs.

Fourth:  Political subdivisions may not create gun free zones in buildings or physical structures, unless people entering are screened for weapons and  armed security is available inside the building or structure.  

Fifth:  Political subdivisions of the state may not restrict the storage of weapons or ammunition, except for the storage of explosive material consistent with chapter 101A of state law.

Sixth: The law makes a ban on guns, by the judicial branch, unenforceable  unless the  ban is for  facilities used solely for judicial branch functions. 

These changes are in response to various infringements on Second Amendment rights enacted or threatened by political subdivisions of the State of Iowa, and by the State Judicial branch. 

The state of Iowa has had a strong preemption law in place for thirty years. The changes in the law reinforce the will of the state government to protect Second Amendment rights and to enforce uniformity of firearms law across the state.

HF 2502 has been sent to Governor Kim Reynolds (R). Governor Reynolds is the first woman governor of Iowa. She is said to favor restoring Second Amendment rights in Iowa.

©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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