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House File 621 - IntroducedA Bill ForAn Act 1establishing which actions may be brought against
2firearm, firearm accessory, and ammunition manufacturers,
3distributors, importers, trade associations, sellers, or
4dealers.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 683.1 Prohibition of certain
2actions resulting from the criminal or unlawful use of a firearm,
3firearm accessory, or ammunition by a third party — definitions.
41. As used in this chapter, unless the context otherwise
5requires:
6a. “Ammunition” means any projectile capable of being
7expelled or propelled from any firearm by the action of
8a propellant, any cartridge or shotshell designed for the
9purpose of expelling such a projectile from a firearm, and any
10component parts thereof.
11b. “Firearm” means any weapon that is capable of expelling,
12designed to expel, or that may readily be converted to expel
13ammunition.
142. A person shall not bring or maintain an action against
15a firearm, firearm accessory, or ammunition manufacturer,
16importer, distributor, trade association, seller, or dealer for
17any of the following:
18a. Recovery of damages resulting from, or injunctive
19relief or abatement of a nuisance, statutory or in common law,
20relating to the lawful design, manufacture, marketing, or sale
21of a firearm, firearm accessory, or ammunition.
22b. Recovery of damages resulting from the criminal or
23unlawful use of a firearm, firearm accessory, or ammunition by
24a third party. All defenses provided for in section 668.12
25shall apply to actions under this section.
26 Sec. 2. NEW SECTION. 683.2 Fees and costs awarded for
27prohibited actions.
28If a court finds that a party has brought an action under a
29theory of recovery described in section 683.1, subsection 2,
30the finding constitutes conclusive evidence that the action is
31groundless, and the court shall dismiss the claim or action and
32award to the defendant any reasonable attorney fee and costs
33incurred in defending the claim or action.
34 Sec. 3. NEW SECTION. 683.3 Allowable actions.
35This chapter shall not be construed to prohibit a person from
-1-1bringing or maintaining an action against a firearm, firearm
2accessory, or ammunition manufacturer, importer, distributor,
3trade association, seller, or dealer for recovery of damages
4for any of the following:
51. Breach of contract or warranty concerning firearms,
6firearms accessories, or ammunition purchased by a person.
72. Damage or harm to a person or to property owned or leased
8by a person caused by a defective firearm, firearm accessory,
9or ammunition.
103. Injunctive relief to enforce a valid statute, rule, or
11ordinance. However, a person shall not bring an action seeking
12injunctive relief if that action is barred under section 683.1,
13subsection 2.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill establishes which actions may be brought against
18firearm, firearm accessory, and ammunition manufacturers,
19distributors, importers, trade associations, sellers, or
20dealers in regards to the manufacture, distribution, or sale of
21firearms, firearm accessories, and ammunition.
22The bill restricts the types of actions a person may
23bring against a firearm, firearm accessory, or ammunition
24manufacturer, importer, distributor, trade association, seller,
25or dealer by prohibiting actions against such a person when the
26theory of recovery relates to the lawful design, manufacture,
27marketing, or sale of a firearm, firearm accessory, or
28ammunition or injuries arising from the unlawful use of a
29firearm, firearm accessory, or ammunition.
30The bill provides that if a party has brought an action
31prohibited by the bill, the court shall dismiss the action and
32award the defendant reasonable attorney fees and costs.
33The bill provides that a person may bring a suit against
34a firearm, firearm accessory, or ammunition manufacturer,
35importer, distributor, trade association, seller, or dealer
-2-1for breach of contract or warranty, damage or harm caused
2by a defective firearm, firearm accessory, or ammunition,
3and injunctive relief to enforce a valid statute, rule, or
4ordinance.
-3-cm/jh
2firearm, firearm accessory, and ammunition manufacturers,
3distributors, importers, trade associations, sellers, or
4dealers.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 683.1 Prohibition of certain
2actions resulting from the criminal or unlawful use of a firearm,
3firearm accessory, or ammunition by a third party — definitions.
41. As used in this chapter, unless the context otherwise
5requires:
6a. “Ammunition” means any projectile capable of being
7expelled or propelled from any firearm by the action of
8a propellant, any cartridge or shotshell designed for the
9purpose of expelling such a projectile from a firearm, and any
10component parts thereof.
11b. “Firearm” means any weapon that is capable of expelling,
12designed to expel, or that may readily be converted to expel
13ammunition.
142. A person shall not bring or maintain an action against
15a firearm, firearm accessory, or ammunition manufacturer,
16importer, distributor, trade association, seller, or dealer for
17any of the following:
18a. Recovery of damages resulting from, or injunctive
19relief or abatement of a nuisance, statutory or in common law,
20relating to the lawful design, manufacture, marketing, or sale
21of a firearm, firearm accessory, or ammunition.
22b. Recovery of damages resulting from the criminal or
23unlawful use of a firearm, firearm accessory, or ammunition by
24a third party. All defenses provided for in section 668.12
25shall apply to actions under this section.
26 Sec. 2. NEW SECTION. 683.2 Fees and costs awarded for
27prohibited actions.
28If a court finds that a party has brought an action under a
29theory of recovery described in section 683.1, subsection 2,
30the finding constitutes conclusive evidence that the action is
31groundless, and the court shall dismiss the claim or action and
32award to the defendant any reasonable attorney fee and costs
33incurred in defending the claim or action.
34 Sec. 3. NEW SECTION. 683.3 Allowable actions.
35This chapter shall not be construed to prohibit a person from
-1-1bringing or maintaining an action against a firearm, firearm
2accessory, or ammunition manufacturer, importer, distributor,
3trade association, seller, or dealer for recovery of damages
4for any of the following:
51. Breach of contract or warranty concerning firearms,
6firearms accessories, or ammunition purchased by a person.
72. Damage or harm to a person or to property owned or leased
8by a person caused by a defective firearm, firearm accessory,
9or ammunition.
103. Injunctive relief to enforce a valid statute, rule, or
11ordinance. However, a person shall not bring an action seeking
12injunctive relief if that action is barred under section 683.1,
13subsection 2.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill establishes which actions may be brought against
18firearm, firearm accessory, and ammunition manufacturers,
19distributors, importers, trade associations, sellers, or
20dealers in regards to the manufacture, distribution, or sale of
21firearms, firearm accessories, and ammunition.
22The bill restricts the types of actions a person may
23bring against a firearm, firearm accessory, or ammunition
24manufacturer, importer, distributor, trade association, seller,
25or dealer by prohibiting actions against such a person when the
26theory of recovery relates to the lawful design, manufacture,
27marketing, or sale of a firearm, firearm accessory, or
28ammunition or injuries arising from the unlawful use of a
29firearm, firearm accessory, or ammunition.
30The bill provides that if a party has brought an action
31prohibited by the bill, the court shall dismiss the action and
32award the defendant reasonable attorney fees and costs.
33The bill provides that a person may bring a suit against
34a firearm, firearm accessory, or ammunition manufacturer,
35importer, distributor, trade association, seller, or dealer
-2-1for breach of contract or warranty, damage or harm caused
2by a defective firearm, firearm accessory, or ammunition,
3and injunctive relief to enforce a valid statute, rule, or
4ordinance.
-3-cm/jh