Relating to the seizure of firearms, providing penalties, and including effective date provisions

This bill establishes the “Anti-Red Flag Gun Seizure Act” related to the seizure of firearms. For purposes of the bill, “red flag law” is defined as any firearm control law, order, or measure that directs the seizure of any firearm of an individual; or any federal or state rule, statute, or judicial order that prohibits a resident from owning or receiving any firearm, or any order for the removal or surrender of any firearm, unless such resident is lawfully in custody or has been released after the execution of a bail bond after having been charged with a violent felony. The bill provides that any red flag law that directs the confiscation of any firearm from any law-abiding citizen within Iowa will not be enforced within Iowa. The bill prohibits any state agency, political subdivision, or state or local law enforcement agency from receiving any federal funds for the purpose of enforcing any federal law, order, or judicial finding or for the purpose of enforcing any state statute, rule, order, or judicial finding that would have the effect of enforcing a red flag law against a resident. The bill prohibits any person, including a state entity or employee thereof, or political subdivision or employee thereof, from enforcing or attempting to enforce a red flag law regardless of the red flag law’s origin or the authority of the issuing entity, except that this prohibition shall not apply to any agent of the federal government enforcing a federal law or federal order. The bill provides that any political subdivision or state or local law enforcement agency that employs a law enforcement officer that knowingly violates the provisions of the bill is liable to the party against whom a red flag law was enforced and additionally will be subject to a civil penalty of $50,000 per occurrence. In any action brought under the provisions of the bill, a court may order injunctive or other equitable relief, recovery of damages, other legal remedies, and payment of reasonable attorney fees, costs, and expenses of the party. Such relief must not be exclusive and additional relief or remedies may be awarded as otherwise permitted by law. The bill takes effect upon enactment.