HF 2080 (LSB 5841YH (2) 90)

HOUSE FILE 2080

BY  A. MEYER

A BILL FOR

An Act relating to firearms by limiting civil liability of federal firearms licensees who enter into voluntary firearm hold agreements with individuals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 683.1, Code 2024, is amended by adding the following new subsections:
   NEW SUBSECTION.  1A.  “Federal firearms licensee” means any person engaged in the business of importing, manufacturing, or dealing in firearms as defined by the federal National Firearms Act, 26 U.S.C. §5841, and who currently holds a valid license according to provisions of the federal Gun Control Act of 1968, 18 U.S.C. §921.
   NEW SUBSECTION.  1B.  “Firearm hold agreement” means a private transaction between a federal firearms licensee and an individual owner where the licensee takes possession of the owner’s lawfully possessed firearm at the owner’s request, holds the firearm for an agreed period of time, and returns the firearm according to the terms of the transaction.
    Sec. 2.  NEW SECTION.  683.4  Firearm hold agreements —— liability.
   1.  A person shall not have a cause of action against a federal firearms licensee operating lawfully in the state for any act or omission arising from or subsequent to a firearm hold agreement and resulting in personal injury or death of any natural person, including the return of a firearm to the individual firearm owner by a federal firearms licensee at the termination of a firearm hold agreement.
   2.  Subsection 1 shall not apply to any action arising from a firearm hold agreement if such action was the result of otherwise unlawful conduct on the part of the federal firearms licensee.
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 firearm hold agreements, and provides a limitation of liability for federal firearms licensees who enter into such agreements.
   The bill defines a firearm hold agreement to mean a private transaction between a federal firearms licensee and an individual owner where the licensee takes possession of the owner’s lawful firearm at the owner’s request, holds the firearm for an agreed period of time, and returns the firearm according to the terms of the transaction.
   The bill provides that no person shall have a cause of action against a federal firearms licensee operating lawfully in this state for any act or omission arising from or subsequent to a firearm hold agreement and resulting in personal injury or death of a person.
   The bill provides that the limitation of liability shall not apply to any action arising from a firearm hold agreement if such action was the result of otherwise unlawful conduct on the part of the licensee.