Iowa Code § 554H.4

Current through bills signed by governor as of 5/17/2024
Section 554H.4 - Enforcement - penalties
1. The attorney general shall investigate reasonable alleged violations of this chapter. As part of the investigation, and in accordance with the Iowa rules of civil procedure, the attorney 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. Any of the following may petition the attorney general to investigate an alleged violation 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.
b. An individual whose firearms ownership is the subject of any alleged violation of section 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.

Iowa Code § 554H.4

Amended by 2024 Iowa SF 2443,s 18, eff. 5/9/2024.
Added by 2024 Iowa HF 2464,s 4, eff. 7/1/2024.