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House File 253 - IntroducedA Bill ForAn Act 1relating to the possession of unlawfully produced
2firearms, the reporting of lost or stolen firearms, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Producing or facilitating
2the production of a firearm and firearm components using a
3three-dimensional printer.
41. For purposes of this section:
5a. “Serial number” means a unique sequence of numbers or
6letters affixed to a firearm, firearm receiver, magazine, or
7firearm component by a federally licensed firearms manufacturer
8or importer.
9b. “Three-dimensional printer” means a computer or
10computer-driven machine or device capable of producing a
11three-dimensional object from a digital model.
12c. “Undetectable firearm” means any of the following:
13(1) A firearm that is not as detectable, by use of a
14walk-through metal detector or magnetometer commonly used at
15an airport, as three and seven-tenths ounces of precipitation
16hardening stainless steel designated as number 17400 under the
17unified numbering system for alloys.
18(2) A firearm of which the barrel, slide or cylinder, or
19frame or receiver of the firearm would not generate an image
20that accurately depicts the shape of the part when examined by
21the type of x-ray machine commonly used at an airport.
22d. “Untraceable firearm” means a firearm manufactured after
23July 1, 2019, that is not an antique firearm and that cannot be
24traced by law enforcement by means of a serial number affixed
25to the firearm by a federally licensed firearms manufacturer
26or importer.
272. A person who uses a three-dimensional printer or similar
28device to produce a firearm, firearm receiver, magazine, or
29firearm component or who imports, sells, ships, delivers,
30possesses, transfers, transports, purchases, or receives a
31firearm, firearm receiver, magazine, or firearm component
32produced by a three-dimensional printer is guilty of a class
33“D” felony if the firearm, firearm receiver, magazine, or
34firearm component does not have a serial number.
353. A person who distributes, sells, transfers, ships, or
-1-1delivers to another person, other than a federally licensed
2firearms manufacturer, digital instructions in the form of
3computer-aided design files or other code or instructions
4stored and displayed in an electronic format as a digital
5model that may be used to program a three-dimensional printer
6to produce a firearm, firearm receiver, magazine, or firearm
7component is guilty of a class “D” felony.
84. A person who does any of the following shall be guilty
9of a class “D” felony:
10a. Manufactures, owns, buys, sells, loans, furnishes,
11transports, or possesses an undetectable firearm or any part
12designed and intended solely and exclusively for use in an
13undetectable firearm.
14b. Assembles or repairs an undetectable firearm.
15c. Manufactures an untraceable firearm with the intent to
16sell the untraceable firearm.
175. A person other than a federally licensed firearms
18manufacturer shall not manufacture or assemble a firearm with
19the use of a three-dimensional printer or unfinished materials.
20A lawfully manufactured firearm created in whole or in part
21with a three-dimensional printer or unfinished materials shall
22be detectable by standard screening systems. A person who
23violates this subsection is guilty of a class “D” felony.
246. Upon the transfer of an unfinished frame or receiver, the
25sheriff of the county of a transferee shall conduct a criminal
26history check concerning the transferee by obtaining criminal
27history data from the department of public safety that shall
28include an inquiry of the national instant criminal background
29check system maintained by the federal bureau of investigation
30or any successor agency.
31 Sec. 2. NEW SECTION. 724.34 Reporting loss or theft of a
32firearm or ammunition — criminal penalty — civil remedy.
331. A person shall report the loss or theft of any firearm
34or ammunition owned by the person to a local law enforcement
35agency within seventy-two hours after the person knew or should
-2-1have reasonably known of the loss or theft of the firearm or
2ammunition.
32. A local law enforcement agency shall report any loss
4or theft reported to the agency under subsection 1 to the
5department of public safety within twenty-four hours of the
6receipt of the report.
73. A person who violates subsection 1 commits a serious
8misdemeanor.
94. If a person fails to report the loss or theft of a
10firearm or ammunition owned by the person in violation of
11subsection 1, and such firearm or ammunition is subsequently
12used in the furtherance of a crime, the victim of the crime may
13bring a civil action for monetary damages against the person
14for failing to report the loss or theft of the firearm or
15ammunition.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the possession of unlawfully produced
20firearms and reporting lost or stolen firearms.
21The bill provides definitions for “serial number”,
22“three-dimensional printer”, “undetectable firearm”, and
23“untraceable firearm”. The bill prohibits a person from using
24a three-dimensional printer or similar device to produce a
25firearm, firearm receiver, magazine, or firearm component
26or importing, selling, shipping, delivering, possessing,
27transferring, transporting, purchasing, or receiving a firearm,
28firearm receiver, magazine, or firearm component produced by
29a three-dimensional printer if the firearm, firearm receiver,
30magazine, or firearm component does not have a serial number.
31The bill prohibits a person from distributing, selling,
32transferring, shipping, or delivering to another person, other
33than a federally licensed firearms manufacturer, digital
34instructions that may be used to program a three-dimensional
35printer to produce a firearm, firearm receiver, magazine,
-3-1or firearm component. The bill prohibits a person from
2manufacturing, owning, buying, selling, loaning, furnishing,
3transporting, or possessing an undetectable firearm or any
4part designed and intended solely and exclusively for use in
5an undetectable firearm. The bill prohibits a person from
6assembling or repairing an undetectable firearm. The bill
7prohibits a person from manufacturing an untraceable firearm
8with the intent to sell the untraceable firearm.
9The bill provides that only a federally licensed firearms
10manufacturer is authorized to manufacture or assemble a firearm
11with the use of a three-dimensional printer or unfinished
12materials. The bill requires a lawfully manufactured firearm
13created in whole or in part with a three-dimensional printer
14or unfinished materials to be detectable by standard screening
15systems. Upon the transfer of an unfinished frame or receiver,
16the sheriff of the county of a transferee shall conduct a
17criminal history check concerning the transferee by obtaining
18criminal history data from the department of public safety
19that shall include an inquiry of the national instant criminal
20background check system maintained by the federal bureau of
21investigation or any successor agency. A person who violates
22a provision relating to unlawfully manufactured firearms,
23undetectable firearms, or untraceable firearms is guilty of
24a class “D” felony. A class “D” felony is punishable by
25confinement for no more than five years and a fine of at least
26$1,025 but not more than $10,245.
27The bill requires a person to report the loss or theft of
28any firearm or ammunition owned by the person to a local law
29enforcement agency within 72 hours of when the person knew
30or should have reasonably known of the loss or theft of the
31firearm or ammunition. A person who violates this provision
32commits a serious misdemeanor. A serious misdemeanor is
33punishable by confinement for no more than one year and a fine
34of at least $430 but not more than $2,560.
35The bill also requires a local law enforcement agency to
-4-1report to the department of public safety any loss or theft
2reported to the local law enforcement agency within 24 hours of
3receipt of the report.
4If a person fails to report the loss or theft of a firearm
5or ammunition owned by the person in violation of the bill,
6and such firearm or ammunition is subsequently used in the
7furtherance of a crime, the victim of the crime may bring
8a civil action for monetary damages against the person
9for failing to report the loss or theft of the firearm or
10ammunition.
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2firearms, the reporting of lost or stolen firearms, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 724.33 Producing or facilitating
2the production of a firearm and firearm components using a
3three-dimensional printer.
41. For purposes of this section:
5a. “Serial number” means a unique sequence of numbers or
6letters affixed to a firearm, firearm receiver, magazine, or
7firearm component by a federally licensed firearms manufacturer
8or importer.
9b. “Three-dimensional printer” means a computer or
10computer-driven machine or device capable of producing a
11three-dimensional object from a digital model.
12c. “Undetectable firearm” means any of the following:
13(1) A firearm that is not as detectable, by use of a
14walk-through metal detector or magnetometer commonly used at
15an airport, as three and seven-tenths ounces of precipitation
16hardening stainless steel designated as number 17400 under the
17unified numbering system for alloys.
18(2) A firearm of which the barrel, slide or cylinder, or
19frame or receiver of the firearm would not generate an image
20that accurately depicts the shape of the part when examined by
21the type of x-ray machine commonly used at an airport.
22d. “Untraceable firearm” means a firearm manufactured after
23July 1, 2019, that is not an antique firearm and that cannot be
24traced by law enforcement by means of a serial number affixed
25to the firearm by a federally licensed firearms manufacturer
26or importer.
272. A person who uses a three-dimensional printer or similar
28device to produce a firearm, firearm receiver, magazine, or
29firearm component or who imports, sells, ships, delivers,
30possesses, transfers, transports, purchases, or receives a
31firearm, firearm receiver, magazine, or firearm component
32produced by a three-dimensional printer is guilty of a class
33“D” felony if the firearm, firearm receiver, magazine, or
34firearm component does not have a serial number.
353. A person who distributes, sells, transfers, ships, or
-1-1delivers to another person, other than a federally licensed
2firearms manufacturer, digital instructions in the form of
3computer-aided design files or other code or instructions
4stored and displayed in an electronic format as a digital
5model that may be used to program a three-dimensional printer
6to produce a firearm, firearm receiver, magazine, or firearm
7component is guilty of a class “D” felony.
84. A person who does any of the following shall be guilty
9of a class “D” felony:
10a. Manufactures, owns, buys, sells, loans, furnishes,
11transports, or possesses an undetectable firearm or any part
12designed and intended solely and exclusively for use in an
13undetectable firearm.
14b. Assembles or repairs an undetectable firearm.
15c. Manufactures an untraceable firearm with the intent to
16sell the untraceable firearm.
175. A person other than a federally licensed firearms
18manufacturer shall not manufacture or assemble a firearm with
19the use of a three-dimensional printer or unfinished materials.
20A lawfully manufactured firearm created in whole or in part
21with a three-dimensional printer or unfinished materials shall
22be detectable by standard screening systems. A person who
23violates this subsection is guilty of a class “D” felony.
246. Upon the transfer of an unfinished frame or receiver, the
25sheriff of the county of a transferee shall conduct a criminal
26history check concerning the transferee by obtaining criminal
27history data from the department of public safety that shall
28include an inquiry of the national instant criminal background
29check system maintained by the federal bureau of investigation
30or any successor agency.
31 Sec. 2. NEW SECTION. 724.34 Reporting loss or theft of a
32firearm or ammunition — criminal penalty — civil remedy.
331. A person shall report the loss or theft of any firearm
34or ammunition owned by the person to a local law enforcement
35agency within seventy-two hours after the person knew or should
-2-1have reasonably known of the loss or theft of the firearm or
2ammunition.
32. A local law enforcement agency shall report any loss
4or theft reported to the agency under subsection 1 to the
5department of public safety within twenty-four hours of the
6receipt of the report.
73. A person who violates subsection 1 commits a serious
8misdemeanor.
94. If a person fails to report the loss or theft of a
10firearm or ammunition owned by the person in violation of
11subsection 1, and such firearm or ammunition is subsequently
12used in the furtherance of a crime, the victim of the crime may
13bring a civil action for monetary damages against the person
14for failing to report the loss or theft of the firearm or
15ammunition.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to the possession of unlawfully produced
20firearms and reporting lost or stolen firearms.
21The bill provides definitions for “serial number”,
22“three-dimensional printer”, “undetectable firearm”, and
23“untraceable firearm”. The bill prohibits a person from using
24a three-dimensional printer or similar device to produce a
25firearm, firearm receiver, magazine, or firearm component
26or importing, selling, shipping, delivering, possessing,
27transferring, transporting, purchasing, or receiving a firearm,
28firearm receiver, magazine, or firearm component produced by
29a three-dimensional printer if the firearm, firearm receiver,
30magazine, or firearm component does not have a serial number.
31The bill prohibits a person from distributing, selling,
32transferring, shipping, or delivering to another person, other
33than a federally licensed firearms manufacturer, digital
34instructions that may be used to program a three-dimensional
35printer to produce a firearm, firearm receiver, magazine,
-3-1or firearm component. The bill prohibits a person from
2manufacturing, owning, buying, selling, loaning, furnishing,
3transporting, or possessing an undetectable firearm or any
4part designed and intended solely and exclusively for use in
5an undetectable firearm. The bill prohibits a person from
6assembling or repairing an undetectable firearm. The bill
7prohibits a person from manufacturing an untraceable firearm
8with the intent to sell the untraceable firearm.
9The bill provides that only a federally licensed firearms
10manufacturer is authorized to manufacture or assemble a firearm
11with the use of a three-dimensional printer or unfinished
12materials. The bill requires a lawfully manufactured firearm
13created in whole or in part with a three-dimensional printer
14or unfinished materials to be detectable by standard screening
15systems. Upon the transfer of an unfinished frame or receiver,
16the sheriff of the county of a transferee shall conduct a
17criminal history check concerning the transferee by obtaining
18criminal history data from the department of public safety
19that shall include an inquiry of the national instant criminal
20background check system maintained by the federal bureau of
21investigation or any successor agency. A person who violates
22a provision relating to unlawfully manufactured firearms,
23undetectable firearms, or untraceable firearms is guilty of
24a class “D” felony. A class “D” felony is punishable by
25confinement for no more than five years and a fine of at least
26$1,025 but not more than $10,245.
27The bill requires a person to report the loss or theft of
28any firearm or ammunition owned by the person to a local law
29enforcement agency within 72 hours of when the person knew
30or should have reasonably known of the loss or theft of the
31firearm or ammunition. A person who violates this provision
32commits a serious misdemeanor. A serious misdemeanor is
33punishable by confinement for no more than one year and a fine
34of at least $430 but not more than $2,560.
35The bill also requires a local law enforcement agency to
-4-1report to the department of public safety any loss or theft
2reported to the local law enforcement agency within 24 hours of
3receipt of the report.
4If a person fails to report the loss or theft of a firearm
5or ammunition owned by the person in violation of the bill,
6and such firearm or ammunition is subsequently used in the
7furtherance of a crime, the victim of the crime may bring
8a civil action for monetary damages against the person
9for failing to report the loss or theft of the firearm or
10ammunition.
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