§ 554H.4 — Enforcement — penalties

Iowa § 554H.4

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 554H: FIREARMS AND AMMUNITION TRANSACTIONS — RETAILERS, RECORDS, AND REGISTRIES

Text

1. The attorney general shall investigate reasonable alleged violations of this chapter. As
partoftheinvestigation,andinaccordancewiththeIowarulesofcivilprocedure,theattorney
general may issue a subpoena for the production of records. If a person, unit of government,
or governmental organization refuses to comply, the attorney general may seek enforcement
by the district court.
2. Anyofthefollowingmaypetitiontheattorneygeneraltoinvestigateanallegedviolation
of this chapter:
a. A firearms retailer, or a customer who made a transaction at a firearms retailer whose
business is the subject of any alleged violation of section 554H.2.
§554H.4, FIREARMS AND AMMUNITION — RETAILERS, RECORDS, AND REGISTRIES 2
b. Anindividualwhosefirearmsownershipisthesubjectofanyallegedviolationofsection
554H.3.
3. Upon finding that a person is in violation of this chapter, the attorney general shall
provide written notice to the person, or to the registered agent of the person, determined to
have committed the violation.
4. Upon receipt of notice under subsection 3, the person shall have sixty calendar days to
cease the violation.
5. If the violation persists after the expiration of the sixty-day period under subsection 4,
the attorney general shall bring civil action in district court to enjoin further violations by a
person found to be in violation of this chapter.
6. If a person knowingly or willfully fails to comply with an injunction issued under
subsection 5, after sixty calendar days of the date the person is served with the injunction,
the attorney general shall petition the district court to impose civil penalties in an amount
not to exceed one thousand dollars per violation of the injunction, taking into consideration
the financial resources of the violator and the harm or risk of harm to the violator’s rights
under the second amendment to the Constitution of the United States and Article I, section
1A, of the Constitution of the State of Iowa.
7. It shall be a defense to a proceeding initiated pursuant to this section that the person
made a good-faith determination that the person’s action was required by law.