HOUSE FILE 121

BY  WINDSCHITL

A BILL FOR

An Act relating to the exemption of firearms, firearm accessories, and ammunition manufactured and retained in Iowa from federal regulation and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 724.2, subsection 6, Code 2011, is amended to read as follows:
   6.  Any person, firm, or corporation who under the laws of this state and the United States is lawfully engaged in the improvement, invention, or manufacture of firearms, firearm accessories, or ammunition.
   Sec. 2.  NEW SECTION.  724.28A  Preemption —— manufacture, sale, and retention of firearms, firearm accessories, and ammunition.
   1.
  a.  Any firearm, firearm accessory, or ammunition manufactured in this state that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of the Congress of the United States to regulate interstate commerce. 
   b.  This section applies to any firearm, firearm accessory, or ammunition manufactured in this state from basic materials that can be manufactured without including any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into this state and incorporation into a firearm, firearm accessory, or ammunition manufactured in this state does not subject the firearm, firearm accessory, or ammunition to federal regulation.
   2.  As used in this section:
   a.  “Firearm accessory” means any item that is used in conjunction with or mounted upon a firearm but that is not essential to the basic function of a firearm, including but not limited to a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock or grip, speedloader, ammunition carrier, and light for target illumination.
   b.  “Generic and insignificant parts” include but are not limited to springs, screws, nuts, and pins.
   c.  “Manufactured” means that a firearm, firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.
   3.  This section shall not apply to any of the following:
   a.  A firearm that cannot be carried and used by one person.
   b.  A firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant.
   c.  Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
   d.  A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
   4.  Any firearm, firearm accessory, or ammunition manufactured in this state pursuant to this section shall have the words “Made in Iowa” clearly stamped on a central part of the firearm, firearm accessory, or ammunition.
   Sec. 3.  APPLICABILITY.  This Act applies to firearms, firearm accessories, and ammunition manufactured and retained in this state on or after October 1, 2011.
EXPLANATION
   This bill provides that firearms, firearm accessories, and ammunition manufactured and retained in Iowa are not subject to federal regulation and provides an applicability date.
   The bill specifies that any firearm, firearm accessory, or ammunition manufactured in Iowa that remains within Iowa is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. The bill applies to any firearm, firearm accessory, or ammunition manufactured in Iowa from basic materials that can be manufactured without including any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into Iowa and incorporation into a firearm, firearm accessory, or ammunition manufactured in Iowa does not subject the firearm, firearm accessory, or ammunition to federal regulation. 
   “Firearm accessory” is defined as any item that is used in conjunction with or mounted upon a firearm but that is not essential to the basic function of a firearm, including but not limited to a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock or grip, speedloader, ammunition carrier, and light for target illumination. “Generic and insignificant parts” are defined to include but not be limited to springs, screws, nuts, and pins, and “manufactured” is defined to mean that a firearm, firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials. 
   The bill does not apply to a firearm that cannot be carried and used by one person, a firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder as a propellant, ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm, and a firearm that discharges two or more projectiles with one activation of the trigger or other firing device. 
   A firearm, firearm accessory, or ammunition manufactured in Iowa under the bill shall have the words “Made in Iowa” clearly stamped on a central part of the firearm, firearm accessory, or ammunition.
   The bill makes a conforming change to Code section 724.2 to authorize any person, firm, or corporation lawfully engaged in the improvement, invention, or manufacture of firearms, firearm accessories, or ammunition to lawfully possess such items.
   The bill applies to firearms, firearm accessories, and ammunition manufactured and retained in Iowa on or after October 1, 2011.