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House File 121 - IntroducedA Bill ForAn Act 1relating to the exemption of firearms, firearm
2accessories, and ammunition manufactured and retained in
3Iowa from federal regulation and including applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.2, subsection 6, Code 2011, is
2amended to read as follows:
36. Any person, firm, or corporation who under the laws of
4this state and the United States is lawfully engaged in the
5improvement, invention, or manufacture of firearms, firearm
6accessories, or ammunition.
7 Sec. 2. NEW SECTION. 724.28A Preemption —— manufacture,
8sale, and retention of firearms, firearm accessories, and
9ammunition.
101. a. Any firearm, firearm accessory, or ammunition
11manufactured in this state that remains within the borders of
12this state is not subject to federal law or federal regulation,
13including registration, under the authority of the Congress of
14the United States to regulate interstate commerce.
15b. This section applies to any firearm, firearm accessory,
16or ammunition manufactured in this state from basic materials
17that can be manufactured without including any significant
18parts imported from another state. Generic and insignificant
19parts that have other manufacturing or consumer product
20applications are not firearms, firearm accessories, or
21ammunition, and their importation into this state and
22incorporation into a firearm, firearm accessory, or ammunition
23manufactured in this state does not subject the firearm,
24firearm accessory, or ammunition to federal regulation.
252. As used in this section:
26a. “Firearm accessory” means any item that is used in
27conjunction with or mounted upon a firearm but that is not
28essential to the basic function of a firearm, including
29but not limited to a telescopic or laser sight, magazine,
30flash or sound suppressor, folding or aftermarket stock or
31grip, speedloader, ammunition carrier, and light for target
32illumination.
33b. “Generic and insignificant parts” include but are not
34limited to springs, screws, nuts, and pins.
35c. “Manufactured” means that a firearm, firearm accessory,
-1-1or ammunition has been created from basic materials for
2functional usefulness, including but not limited to forging,
3casting, machining, or other processes for working materials.
43. This section shall not apply to any of the following:
5a. A firearm that cannot be carried and used by one person.
6b. A firearm that has a bore diameter greater than one
7and one-half inches and that uses smokeless powder, not black
8powder, as a propellant.
9c. Ammunition with a projectile that explodes using an
10explosion of chemical energy after the projectile leaves the
11firearm.
12d. A firearm that discharges two or more projectiles with
13one activation of the trigger or other firing device.
144. Any firearm, firearm accessory, or ammunition
15manufactured in this state pursuant to this section shall have
16the words “Made in Iowa” clearly stamped on a central part of
17the firearm, firearm accessory, or ammunition.
18 Sec. 3. APPLICABILITY. This Act applies to firearms,
19firearm accessories, and ammunition manufactured and retained
20in this state on or after October 1, 2011.
21EXPLANATION
22This bill provides that firearms, firearm accessories, and
23ammunition manufactured and retained in Iowa are not subject to
24federal regulation and provides an applicability date.
25The bill specifies that any firearm, firearm accessory, or
26ammunition manufactured in Iowa that remains within Iowa is
27not subject to federal law or federal regulation, including
28registration, under the authority of the United States Congress
29to regulate interstate commerce. The bill applies to any
30firearm, firearm accessory, or ammunition manufactured in Iowa
31from basic materials that can be manufactured without including
32any significant parts imported from another state. Generic and
33insignificant parts that have other manufacturing or consumer
34product applications are not firearms, firearm accessories, or
35ammunition, and their importation into Iowa and incorporation
-2-1into a firearm, firearm accessory, or ammunition manufactured
2in Iowa does not subject the firearm, firearm accessory, or
3ammunition to federal regulation.
4“Firearm accessory” is defined as any item that is used
5in conjunction with or mounted upon a firearm but that is
6not essential to the basic function of a firearm, including
7but not limited to a telescopic or laser sight, magazine,
8flash or sound suppressor, folding or aftermarket stock or
9grip, speedloader, ammunition carrier, and light for target
10illumination. “Generic and insignificant parts” are defined
11to include but not be limited to springs, screws, nuts, and
12pins, and “manufactured” is defined to mean that a firearm,
13firearm accessory, or ammunition has been created from basic
14materials for functional usefulness, including but not limited
15to forging, casting, machining, or other processes for working
16materials.
17The bill does not apply to a firearm that cannot be carried
18and used by one person, a firearm that has a bore diameter
19greater than one and one-half inches and that uses smokeless
20powder as a propellant, ammunition with a projectile that
21explodes using an explosion of chemical energy after the
22projectile leaves the firearm, and a firearm that discharges
23two or more projectiles with one activation of the trigger or
24other firing device.
25A firearm, firearm accessory, or ammunition manufactured in
26Iowa under the bill shall have the words “Made in Iowa” clearly
27stamped on a central part of the firearm, firearm accessory,
28or ammunition.
29The bill makes a conforming change to Code section 724.2 to
30authorize any person, firm, or corporation lawfully engaged in
31the improvement, invention, or manufacture of firearms, firearm
32accessories, or ammunition to lawfully possess such items.
33The bill applies to firearms, firearm accessories, and
34ammunition manufactured and retained in Iowa on or after
35October 1, 2011.
-3-
2accessories, and ammunition manufactured and retained in
3Iowa from federal regulation and including applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 724.2, subsection 6, Code 2011, is
2amended to read as follows:
36. Any person, firm, or corporation who under the laws of
4this state and the United States is lawfully engaged in the
5improvement, invention, or manufacture of firearms, firearm
6accessories, or ammunition.
7 Sec. 2. NEW SECTION. 724.28A Preemption —— manufacture,
8sale, and retention of firearms, firearm accessories, and
9ammunition.
101. a. Any firearm, firearm accessory, or ammunition
11manufactured in this state that remains within the borders of
12this state is not subject to federal law or federal regulation,
13including registration, under the authority of the Congress of
14the United States to regulate interstate commerce.
15b. This section applies to any firearm, firearm accessory,
16or ammunition manufactured in this state from basic materials
17that can be manufactured without including any significant
18parts imported from another state. Generic and insignificant
19parts that have other manufacturing or consumer product
20applications are not firearms, firearm accessories, or
21ammunition, and their importation into this state and
22incorporation into a firearm, firearm accessory, or ammunition
23manufactured in this state does not subject the firearm,
24firearm accessory, or ammunition to federal regulation.
252. As used in this section:
26a. “Firearm accessory” means any item that is used in
27conjunction with or mounted upon a firearm but that is not
28essential to the basic function of a firearm, including
29but not limited to a telescopic or laser sight, magazine,
30flash or sound suppressor, folding or aftermarket stock or
31grip, speedloader, ammunition carrier, and light for target
32illumination.
33b. “Generic and insignificant parts” include but are not
34limited to springs, screws, nuts, and pins.
35c. “Manufactured” means that a firearm, firearm accessory,
-1-1or ammunition has been created from basic materials for
2functional usefulness, including but not limited to forging,
3casting, machining, or other processes for working materials.
43. This section shall not apply to any of the following:
5a. A firearm that cannot be carried and used by one person.
6b. A firearm that has a bore diameter greater than one
7and one-half inches and that uses smokeless powder, not black
8powder, as a propellant.
9c. Ammunition with a projectile that explodes using an
10explosion of chemical energy after the projectile leaves the
11firearm.
12d. A firearm that discharges two or more projectiles with
13one activation of the trigger or other firing device.
144. Any firearm, firearm accessory, or ammunition
15manufactured in this state pursuant to this section shall have
16the words “Made in Iowa” clearly stamped on a central part of
17the firearm, firearm accessory, or ammunition.
18 Sec. 3. APPLICABILITY. This Act applies to firearms,
19firearm accessories, and ammunition manufactured and retained
20in this state on or after October 1, 2011.
21EXPLANATION
22This bill provides that firearms, firearm accessories, and
23ammunition manufactured and retained in Iowa are not subject to
24federal regulation and provides an applicability date.
25The bill specifies that any firearm, firearm accessory, or
26ammunition manufactured in Iowa that remains within Iowa is
27not subject to federal law or federal regulation, including
28registration, under the authority of the United States Congress
29to regulate interstate commerce. The bill applies to any
30firearm, firearm accessory, or ammunition manufactured in Iowa
31from basic materials that can be manufactured without including
32any significant parts imported from another state. Generic and
33insignificant parts that have other manufacturing or consumer
34product applications are not firearms, firearm accessories, or
35ammunition, and their importation into Iowa and incorporation
-2-1into a firearm, firearm accessory, or ammunition manufactured
2in Iowa does not subject the firearm, firearm accessory, or
3ammunition to federal regulation.
4“Firearm accessory” is defined as any item that is used
5in conjunction with or mounted upon a firearm but that is
6not essential to the basic function of a firearm, including
7but not limited to a telescopic or laser sight, magazine,
8flash or sound suppressor, folding or aftermarket stock or
9grip, speedloader, ammunition carrier, and light for target
10illumination. “Generic and insignificant parts” are defined
11to include but not be limited to springs, screws, nuts, and
12pins, and “manufactured” is defined to mean that a firearm,
13firearm accessory, or ammunition has been created from basic
14materials for functional usefulness, including but not limited
15to forging, casting, machining, or other processes for working
16materials.
17The bill does not apply to a firearm that cannot be carried
18and used by one person, a firearm that has a bore diameter
19greater than one and one-half inches and that uses smokeless
20powder as a propellant, ammunition with a projectile that
21explodes using an explosion of chemical energy after the
22projectile leaves the firearm, and a firearm that discharges
23two or more projectiles with one activation of the trigger or
24other firing device.
25A firearm, firearm accessory, or ammunition manufactured in
26Iowa under the bill shall have the words “Made in Iowa” clearly
27stamped on a central part of the firearm, firearm accessory,
28or ammunition.
29The bill makes a conforming change to Code section 724.2 to
30authorize any person, firm, or corporation lawfully engaged in
31the improvement, invention, or manufacture of firearms, firearm
32accessories, or ammunition to lawfully possess such items.
33The bill applies to firearms, firearm accessories, and
34ammunition manufactured and retained in Iowa on or after
35October 1, 2011.
-3-