Preemption Statute

Iowa Code section 724.28 prohibits political subdivisions (defined to mean cities, counties and townships) from

“regulating the ownership, possession, carrying, legal transfer, lawful transportation, modification, registration, or licensing of firearms, firearms attachments, or other weapons when the ownership, possession, transfer, or 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.”¹

Additional subsections added in 2020 state:

“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…”

“A political subdivision of the state shall not enact an ordinance, motion, resolution, policy, or amendment regulating the storage of weapons or ammunition.”

The 2020 law also placed new limits on the zoning requirements that local governments can impose on shooting ranges. ²

Interpretation

As of the date this page was last updated, Giffords Law Center is not aware of any cases examining the scope of section 724.28.

In 2003, the Iowa Attorney General opined that section 724.28 does not restrain local governments from exercising home rule power to restrict the possession of firearms in buildings owned or directly controlled by the local government. ³ A law enacted in 2020 created new requirements for political subdivisions that may contradict the Attorney General’s opinion. ⁴

Iowa authorizes a court to assess damages against a political subdivision that violates its firearms preemption law.⁵

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1. The reference to “carrying” was added by 2021 Iowa House File 756, enacted April 2, 2021.[↩]
2. Iowa Code §§ 335.26; 141.26.[↩]
3. Op. Att’y Gen. No. 03-4-1 (2003), 2003 Iowa AG LEXIS 6.[↩]
4. See 2020 IA HB 2502.[↩]
5. Iowa Code § 724.28, subsection 3 (effective Jan. 1, 2025).[↩]