§ 724.28 — Prohibition of regulation by political subdivisions — exception

Iowa § 724.28

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 724: WEAPONS

Text

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
fivethousanddollars. However, ifthepoliticalsubdivisionofthestateknowinglyparticipated
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.