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.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 683.1 Prohibition of certain
2 actions resulting from the criminal or unlawful use of a firearm,
3 firearm accessory, or ammunition by a third party —— definitions.
4 1. As used in this chapter, unless the context otherwise
5 requires:
6 a. “Ammunition” means any projectile capable of being
7 expelled or propelled from any firearm by the action of
8 a propellant, any cartridge or shotshell designed for the
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9 purpose of expelling such a projectile from a firearm, and any
10 component parts thereof.
11 b. “Firearm” means any weapon that is capable of expelling,
12 designed to expel, or that may readily be converted to expel
13 ammunition.
14 2. A person shall not bring or maintain an action against
15 a firearm, firearm accessory, or ammunition manufacturer,
16 importer, distributor, trade association, seller, or dealer for
17 any of the following:
18 a. Recovery of damages resulting from, or injunctive
19 relief or abatement of a nuisance, statutory or in common law,
20 relating to the lawful design, manufacture, marketing, or sale
21 of a firearm, firearm accessory, or ammunition.
22 b. Recovery of damages resulting from the criminal or
23 unlawful use of a firearm, firearm accessory, or ammunition by
24 a third party. All defenses provided for in section 668.12
25 shall apply to actions under this section.
26 Sec. 2. NEW SECTION. 683.2 Fees and costs awarded for
27 prohibited actions.
28 If a court finds that a party has brought an action under a
29 theory of recovery described in section 683.1, subsection 2,
30 the finding constitutes conclusive evidence that the action is
31 groundless, and the court shall dismiss the claim or action and
32 award to the defendant any reasonable attorney fee and costs
33 incurred in defending the claim or action.
34 Sec. 3. NEW SECTION. 683.3 Allowable actions.
35 This chapter shall not be construed to prohibit a person from
1 bringing or maintaining an action against a firearm, firearm
2 accessory, or ammunition manufacturer, importer, distributor,
3 trade association, seller, or dealer for recovery of damages
4 for any of the following:
5 1. Breach of contract or warranty concerning firearms,
6 firearms accessories, or ammunition purchased by a person.
7 2. Damage or harm to a person or to property owned or leased
8 by a person caused by a defective firearm, firearm accessory,
9 or ammunition.
10 3. Injunctive relief to enforce a valid statute, rule, or
11 ordinance. However, a person shall not bring an action seeking
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12 injunctive relief if that action is barred under section 683.1,
13 subsection 2.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House 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