Senate File 344 - Introduced SENATE FILE 344 BY SCHULTZ A BILL FOR An Act establishing which actions may be brought against 1 firearm and ammunition manufacturers, distributors, 2 importers, trade associations, sellers, or dealers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1306XS (1) 89 cm/jh

S.F. 344 Section 1. NEW SECTION . 683.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Ammunition” means any projectile capable of being 4 expelled or propelled from any firearm by the action of an 5 explosive or combustible propellant. 6 2. “Firearm” means any weapon that is capable of expelling, 7 designed to expel, or that may readily be converted to expel 8 ammunition. 9 Sec. 2. NEW SECTION . 683.2 Statement of policy —— 10 prohibited actions. 11 1. The manufacture, distribution, or sale of firearms and 12 ammunition by manufacturers, distributors, or dealers duly 13 licensed by the appropriate federal and state authorities is 14 a lawful activity and is not unreasonably dangerous, and the 15 unlawful use of firearms and ammunition, rather than their 16 lawful manufacture, distribution, or sale, is the proximate 17 cause of injuries arising from their unlawful use. 18 2. A person shall not bring or maintain an action against 19 a firearms or ammunition manufacturer, importer, distributor, 20 trade association, seller, or dealer for any of the following: 21 a. Recovery of damages resulting from, or injunctive 22 relief or abatement of a nuisance relating to, the lawful 23 design, manufacture, marketing, or sale of a firearm, firearm 24 accessory, or ammunition for a firearm. 25 b. Recovery of damages resulting from the criminal or 26 unlawful misuse of a firearm, firearm accessory, or ammunition 27 for a firearm by a third party. 28 Sec. 3. NEW SECTION . 683.3 Fees and costs awarded for 29 prohibited actions. 30 If a court finds that a party has brought an action under a 31 theory of recovery described in section 683.2, subsection 2, 32 the finding constitutes conclusive evidence that the action is 33 groundless, and the court shall dismiss the claim or action and 34 award to the defendant any reasonable attorney fee and costs 35 -1- LSB 1306XS (1) 89 cm/jh 1/ 3

S.F. 344 incurred in defending the claim or action. 1 Sec. 4. NEW SECTION . 683.4 Allowable actions. 2 This chapter shall not be construed to prohibit a person 3 from bringing or maintaining an action against a firearms 4 or ammunition manufacturer, importer, distributor, trade 5 association, seller, or dealer for recovery of damages for any 6 of the following: 7 1. Breach of contract or warranty concerning firearms or 8 ammunition purchased by a person. 9 2. Damage or harm to a person or to property owned or leased 10 by a person caused by a defective firearm or ammunition. 11 3. Injunctive relief to enforce a valid statute, rule, or 12 ordinance. However, a person shall not bring an action seeking 13 injunctive relief if that action is barred under section 683.2, 14 subsection 2. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill establishes which actions may be brought against 19 firearm and ammunition manufacturers, distributors, importers, 20 trade associations, sellers, or dealers in regards to the 21 manufacture, distribution, or sale of firearms and ammunition. 22 The bill provides that the manufacture, distribution, or 23 sale of firearms or ammunition by manufacturers, distributors, 24 or dealers who are duly licensed by the appropriate federal and 25 state authorities is a lawful activity and is not unreasonably 26 dangerous, and that the unlawful use of firearms and ammunition 27 is the proximate cause of any injuries arising from their 28 unlawful use. 29 The bill restricts the types of actions a person may bring 30 against a firearm or ammunition manufacturer, importer, 31 distributor, trade association, seller, or dealer by 32 prohibiting actions against such a person when the theory of 33 recovery relates to the lawful design, manufacture, marketing, 34 or sale of a firearm or ammunition or injuries arising from the 35 -2- LSB 1306XS (1) 89 cm/jh 2/ 3

S.F. 344 unlawful use of a firearm or ammunition. 1 The bill provides that if a party has brought an action 2 prohibited by the bill, the court shall dismiss the action and 3 award the defendant reasonable attorney fees and costs. 4 The bill provides that a person may bring a suit against a 5 firearms or ammunition manufacturer, importer, distributor, 6 trade association, seller, or dealer for breach of contract 7 or warranty, damage or harm caused by a defective firearm or 8 ammunition, and injunctive relief to enforce a valid statute, 9 rule, or ordinance. 10 -3- LSB 1306XS (1) 89 cm/jh 3/ 3