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Amendment H-8095 to HF 2556
Relating to damages against participants in firearms regulation violations by political subdivisions, and including effective date provisions
Adopted · February 29, 2024Strike everything: replaces the whole bill
Filed February 28, 2024 in the House by
What it changes
AI summary This amendment replaces the entire bill and changes how much money can be awarded in lawsuits against local governments for firearm regulation violations. It sets the daily fines between $100 and $500 for standard violations, but increases those fines to between $1,000 and $2,500 if the violation was intentional. It also adds a maximum limit on total damages for standard violations and increases the maximum limit for intentional violations.1
Read the amendment’s wording
- By striking everything after the enacting clause and inserting: “Section
- Section 724.28, subsection 3, Code 2024, is amended to read as follows:
- 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 and other persons who participated in the violation 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 . A However, if the political subdivision of the state or other persons knowingly participated in such a violation, damages shall be assessed against the political subdivision of the state or participating person 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 also 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 or other persons found to be in violation of this subsection. Sec.
- EFFECTIVE DATE. This Act takes effect January 1,
- ”
- Title page, line 2, by striking “subdivisions.” and inserting “subdivisions, and including effective date provisions.”