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Senate File 344 - IntroducedA Bill ForAn Act 1establishing which actions may be brought against
2firearm and ammunition manufacturers, distributors,
3importers, trade associations, sellers, or dealers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 683.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Ammunition” means any projectile capable of being
5expelled or propelled from any firearm by the action of an
6explosive or combustible propellant.
72. “Firearm” means any weapon that is capable of expelling,
8designed to expel, or that may readily be converted to expel
9ammunition.
10 Sec. 2. NEW SECTION. 683.2 Statement of policy —
11prohibited actions.
121. The manufacture, distribution, or sale of firearms and
13ammunition by manufacturers, distributors, or dealers duly
14licensed by the appropriate federal and state authorities is
15a lawful activity and is not unreasonably dangerous, and the
16unlawful use of firearms and ammunition, rather than their
17lawful manufacture, distribution, or sale, is the proximate
18cause of injuries arising from their unlawful use.
192. A person shall not bring or maintain an action against
20a firearms or ammunition manufacturer, importer, distributor,
21trade association, seller, or dealer for any of the following:
22a. Recovery of damages resulting from, or injunctive
23relief or abatement of a nuisance relating to, the lawful
24design, manufacture, marketing, or sale of a firearm, firearm
25accessory, or ammunition for a firearm.
26b. Recovery of damages resulting from the criminal or
27unlawful misuse of a firearm, firearm accessory, or ammunition
28for a firearm by a third party.
29 Sec. 3. NEW SECTION. 683.3 Fees and costs awarded for
30prohibited actions.
31If a court finds that a party has brought an action under a
32theory of recovery described in section 683.2, subsection 2,
33the finding constitutes conclusive evidence that the action is
34groundless, and the court shall dismiss the claim or action and
35award to the defendant any reasonable attorney fee and costs
-1-1incurred in defending the claim or action.
2 Sec. 4. NEW SECTION. 683.4 Allowable actions.
3This chapter shall not be construed to prohibit a person
4from bringing or maintaining an action against a firearms
5or ammunition manufacturer, importer, distributor, trade
6association, seller, or dealer for recovery of damages for any
7of the following:
81. Breach of contract or warranty concerning firearms or
9ammunition purchased by a person.
102. Damage or harm to a person or to property owned or leased
11by a person caused by a defective firearm or ammunition.
123. Injunctive relief to enforce a valid statute, rule, or
13ordinance. However, a person shall not bring an action seeking
14injunctive relief if that action is barred under section 683.2,
15subsection 2.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill establishes which actions may be brought against
20firearm and ammunition manufacturers, distributors, importers,
21trade associations, sellers, or dealers in regards to the
22manufacture, distribution, or sale of firearms and ammunition.
23The bill provides that the manufacture, distribution, or
24sale of firearms or ammunition by manufacturers, distributors,
25or dealers who are duly licensed by the appropriate federal and
26state authorities is a lawful activity and is not unreasonably
27dangerous, and that the unlawful use of firearms and ammunition
28is the proximate cause of any injuries arising from their
29unlawful use.
30The bill restricts the types of actions a person may bring
31against a firearm or ammunition manufacturer, importer,
32distributor, trade association, seller, or dealer by
33prohibiting actions against such a person when the theory of
34recovery relates to the lawful design, manufacture, marketing,
35or sale of a firearm or ammunition or injuries arising from the
-2-1unlawful use of a firearm or ammunition.
2The bill provides that if a party has brought an action
3prohibited by the bill, the court shall dismiss the action and
4award the defendant reasonable attorney fees and costs.
5The bill provides that a person may bring a suit against a
6firearms or ammunition manufacturer, importer, distributor,
7trade association, seller, or dealer for breach of contract
8or warranty, damage or harm caused by a defective firearm or
9ammunition, and injunctive relief to enforce a valid statute,
10rule, or ordinance.
-3-cm/jh
2firearm and ammunition manufacturers, distributors,
3importers, trade associations, sellers, or dealers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 683.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Ammunition” means any projectile capable of being
5expelled or propelled from any firearm by the action of an
6explosive or combustible propellant.
72. “Firearm” means any weapon that is capable of expelling,
8designed to expel, or that may readily be converted to expel
9ammunition.
10 Sec. 2. NEW SECTION. 683.2 Statement of policy —
11prohibited actions.
121. The manufacture, distribution, or sale of firearms and
13ammunition by manufacturers, distributors, or dealers duly
14licensed by the appropriate federal and state authorities is
15a lawful activity and is not unreasonably dangerous, and the
16unlawful use of firearms and ammunition, rather than their
17lawful manufacture, distribution, or sale, is the proximate
18cause of injuries arising from their unlawful use.
192. A person shall not bring or maintain an action against
20a firearms or ammunition manufacturer, importer, distributor,
21trade association, seller, or dealer for any of the following:
22a. Recovery of damages resulting from, or injunctive
23relief or abatement of a nuisance relating to, the lawful
24design, manufacture, marketing, or sale of a firearm, firearm
25accessory, or ammunition for a firearm.
26b. Recovery of damages resulting from the criminal or
27unlawful misuse of a firearm, firearm accessory, or ammunition
28for a firearm by a third party.
29 Sec. 3. NEW SECTION. 683.3 Fees and costs awarded for
30prohibited actions.
31If a court finds that a party has brought an action under a
32theory of recovery described in section 683.2, subsection 2,
33the finding constitutes conclusive evidence that the action is
34groundless, and the court shall dismiss the claim or action and
35award to the defendant any reasonable attorney fee and costs
-1-1incurred in defending the claim or action.
2 Sec. 4. NEW SECTION. 683.4 Allowable actions.
3This chapter shall not be construed to prohibit a person
4from bringing or maintaining an action against a firearms
5or ammunition manufacturer, importer, distributor, trade
6association, seller, or dealer for recovery of damages for any
7of the following:
81. Breach of contract or warranty concerning firearms or
9ammunition purchased by a person.
102. Damage or harm to a person or to property owned or leased
11by a person caused by a defective firearm or ammunition.
123. Injunctive relief to enforce a valid statute, rule, or
13ordinance. However, a person shall not bring an action seeking
14injunctive relief if that action is barred under section 683.2,
15subsection 2.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill establishes which actions may be brought against
20firearm and ammunition manufacturers, distributors, importers,
21trade associations, sellers, or dealers in regards to the
22manufacture, distribution, or sale of firearms and ammunition.
23The bill provides that the manufacture, distribution, or
24sale of firearms or ammunition by manufacturers, distributors,
25or dealers who are duly licensed by the appropriate federal and
26state authorities is a lawful activity and is not unreasonably
27dangerous, and that the unlawful use of firearms and ammunition
28is the proximate cause of any injuries arising from their
29unlawful use.
30The bill restricts the types of actions a person may bring
31against a firearm or ammunition manufacturer, importer,
32distributor, trade association, seller, or dealer by
33prohibiting actions against such a person when the theory of
34recovery relates to the lawful design, manufacture, marketing,
35or sale of a firearm or ammunition or injuries arising from the
-2-1unlawful use of a firearm or ammunition.
2The bill provides that if a party has brought an action
3prohibited by the bill, the court shall dismiss the action and
4award the defendant reasonable attorney fees and costs.
5The bill provides that a person may bring a suit against a
6firearms or ammunition manufacturer, importer, distributor,
7trade association, seller, or dealer for breach of contract
8or warranty, damage or harm caused by a defective firearm or
9ammunition, and injunctive relief to enforce a valid statute,
10rule, or ordinance.
-3-cm/jh