House
File
621
-
Enrolled
House
File
621
AN
ACT
ESTABLISHING
WHICH
ACTIONS
MAY
BE
BROUGHT
AGAINST
FIREARM,
FIREARM
ACCESSORY,
AND
AMMUNITION
MANUFACTURERS,
DISTRIBUTORS,
IMPORTERS,
TRADE
ASSOCIATIONS,
SELLERS,
OR
DEALERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
683.1
Prohibition
of
certain
actions
resulting
from
the
criminal
or
unlawful
use
of
a
firearm,
firearm
accessory,
or
ammunition
by
a
third
party
——
definitions.
1.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
a.
“Ammunition”
means
any
projectile
capable
of
being
expelled
or
propelled
from
any
firearm
by
the
action
of
a
propellant,
any
cartridge
or
shotshell
designed
for
the
House
File
621,
p.
2
purpose
of
expelling
such
a
projectile
from
a
firearm,
and
any
component
parts
thereof.
b.
“Firearm”
means
any
weapon
that
is
capable
of
expelling,
designed
to
expel,
or
that
may
readily
be
converted
to
expel
ammunition.
2.
A
person
shall
not
bring
or
maintain
an
action
against
a
firearm,
firearm
accessory,
or
ammunition
manufacturer,
importer,
distributor,
trade
association,
seller,
or
dealer
for
any
of
the
following:
a.
Recovery
of
damages
resulting
from,
or
injunctive
relief
or
abatement
of
a
nuisance,
statutory
or
in
common
law,
relating
to
the
lawful
design,
manufacture,
marketing,
or
sale
of
a
firearm,
firearm
accessory,
or
ammunition.
b.
Recovery
of
damages
resulting
from
the
criminal
or
unlawful
use
of
a
firearm,
firearm
accessory,
or
ammunition
by
a
third
party.
All
defenses
provided
for
in
section
668.12
shall
apply
to
actions
under
this
section.
Sec.
2.
NEW
SECTION
.
683.2
Fees
and
costs
awarded
for
prohibited
actions.
If
a
court
finds
that
a
party
has
brought
an
action
under
a
theory
of
recovery
described
in
section
683.1,
subsection
2,
the
finding
constitutes
conclusive
evidence
that
the
action
is
groundless,
and
the
court
shall
dismiss
the
claim
or
action
and
award
to
the
defendant
any
reasonable
attorney
fee
and
costs
incurred
in
defending
the
claim
or
action.
Sec.
3.
NEW
SECTION
.
683.3
Allowable
actions.
This
chapter
shall
not
be
construed
to
prohibit
a
person
from
bringing
or
maintaining
an
action
against
a
firearm,
firearm
accessory,
or
ammunition
manufacturer,
importer,
distributor,
trade
association,
seller,
or
dealer
for
recovery
of
damages
for
any
of
the
following:
1.
Breach
of
contract
or
warranty
concerning
firearms,
firearms
accessories,
or
ammunition
purchased
by
a
person.
2.
Damage
or
harm
to
a
person
or
to
property
owned
or
leased
by
a
person
caused
by
a
defective
firearm,
firearm
accessory,
or
ammunition.
3.
Injunctive
relief
to
enforce
a
valid
statute,
rule,
or
ordinance.
However,
a
person
shall
not
bring
an
action
seeking
House
File
621,
p.
3
injunctive
relief
if
that
action
is
barred
under
section
683.1,
subsection
2.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
621,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor