SF 514 (LSB 1306SV (1) 89)

SENATE FILE 514

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 344)

A BILL FOR

An Act establishing which actions may be brought against firearm and ammunition manufacturers, distributors, importers, trade associations, sellers, or dealers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  683.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Ammunition” means any projectile capable of being expelled or propelled from any firearm by the action of an explosive or combustible propellant.
   2.  “Firearm” means any weapon that is capable of expelling, designed to expel, or that may readily be converted to expel ammunition.
    Sec. 2.  NEW SECTION.  683.2  Statement of policy —— prohibited actions.
   1.  The manufacture, distribution, or sale of firearms and ammunition by manufacturers, distributors, or dealers duly licensed by the appropriate federal and state authorities is a lawful activity and is not unreasonably dangerous, and the unlawful use of firearms and ammunition, rather than their lawful manufacture, distribution, or sale, is the proximate cause of injuries arising from their unlawful use. 
   2.  A person shall not bring or maintain an action against a firearms or ammunition manufacturer, importer, distributor, trade association, seller, or dealer for any of the following:
   a.  Recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of a firearm, firearm accessory, or ammunition for a firearm.
   b.  Recovery of damages resulting from the criminal or unlawful misuse of a firearm, firearm accessory, or ammunition for a firearm by a third party.
    Sec. 3.  NEW SECTION.  683.3  Fees and costs awarded for prohibited actions.
   If a court finds that a party has brought an action under a theory of recovery described in section 683.2, subsection 2, the finding constitutes conclusive evidence that the action is groundless, and the court shall dismiss the claim or action and award to the defendant any reasonable attorney fee and costs incurred in defending the claim or action.
    Sec. 4.  NEW SECTION.  683.4  Allowable actions.
   This chapter shall not be construed to prohibit a person from bringing or maintaining an action against a firearms or ammunition manufacturer, importer, distributor, trade association, seller, or dealer for recovery of damages for any of the following:
   1.  Breach of contract or warranty concerning firearms or ammunition purchased by a person.
   2.  Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition.
   3.  Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person shall not bring an action seeking injunctive relief if that action is barred under section 683.2, subsection 2.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes which actions may be brought against firearm and ammunition manufacturers, distributors, importers, trade associations, sellers, or dealers in regards to the manufacture, distribution, or sale of firearms and ammunition. 
   The bill provides that the manufacture, distribution, or sale of firearms or ammunition by manufacturers, distributors, or dealers who are duly licensed by the appropriate federal and state authorities is a lawful activity and is not unreasonably dangerous, and that the unlawful use of firearms and ammunition is the proximate cause of any injuries arising from their unlawful use.
   The bill restricts the types of actions a person may bring against a firearm or ammunition manufacturer, importer, distributor, trade association, seller, or dealer by prohibiting actions against such a person when the theory of recovery relates to the lawful design, manufacture, marketing, or sale of a firearm or ammunition or injuries arising from the unlawful use of a firearm or ammunition.
   The bill provides that if a party has brought an action prohibited by the bill, the court shall dismiss the action and award the defendant reasonable attorney fees and costs.
   The bill provides that a person may bring a suit against a firearms or ammunition manufacturer, importer, distributor, trade association, seller, or dealer for breach of contract or warranty, damage or harm caused by a defective firearm or ammunition, and injunctive relief to enforce a valid statute, rule, or ordinance.