Bill Text: IA HF121 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the exemption of firearms, firearm accessories, and ammunition manufactured and retained in Iowa from federal regulation and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF121 Detail]
Download: Iowa-2011-HF121-Introduced.html
House
File
121
-
Introduced
HOUSE
FILE
121
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
the
exemption
of
firearms,
firearm
1
accessories,
and
ammunition
manufactured
and
retained
in
2
Iowa
from
federal
regulation
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
724.2,
subsection
6,
Code
2011,
is
1
amended
to
read
as
follows:
2
6.
Any
person,
firm
,
or
corporation
who
under
the
laws
of
3
this
state
and
the
United
States
is
lawfully
engaged
in
the
4
improvement,
invention
,
or
manufacture
of
firearms
,
firearm
5
accessories,
or
ammunition
.
6
Sec.
2.
NEW
SECTION
.
724.28A
Preemption
——
manufacture,
7
sale,
and
retention
of
firearms,
firearm
accessories,
and
8
ammunition.
9
1.
a.
Any
firearm,
firearm
accessory,
or
ammunition
10
manufactured
in
this
state
that
remains
within
the
borders
of
11
this
state
is
not
subject
to
federal
law
or
federal
regulation,
12
including
registration,
under
the
authority
of
the
Congress
of
13
the
United
States
to
regulate
interstate
commerce.
14
b.
This
section
applies
to
any
firearm,
firearm
accessory,
15
or
ammunition
manufactured
in
this
state
from
basic
materials
16
that
can
be
manufactured
without
including
any
significant
17
parts
imported
from
another
state.
Generic
and
insignificant
18
parts
that
have
other
manufacturing
or
consumer
product
19
applications
are
not
firearms,
firearm
accessories,
or
20
ammunition,
and
their
importation
into
this
state
and
21
incorporation
into
a
firearm,
firearm
accessory,
or
ammunition
22
manufactured
in
this
state
does
not
subject
the
firearm,
23
firearm
accessory,
or
ammunition
to
federal
regulation.
24
2.
As
used
in
this
section:
25
a.
“Firearm
accessory”
means
any
item
that
is
used
in
26
conjunction
with
or
mounted
upon
a
firearm
but
that
is
not
27
essential
to
the
basic
function
of
a
firearm,
including
28
but
not
limited
to
a
telescopic
or
laser
sight,
magazine,
29
flash
or
sound
suppressor,
folding
or
aftermarket
stock
or
30
grip,
speedloader,
ammunition
carrier,
and
light
for
target
31
illumination.
32
b.
“Generic
and
insignificant
parts”
include
but
are
not
33
limited
to
springs,
screws,
nuts,
and
pins.
34
c.
“Manufactured”
means
that
a
firearm,
firearm
accessory,
35
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or
ammunition
has
been
created
from
basic
materials
for
1
functional
usefulness,
including
but
not
limited
to
forging,
2
casting,
machining,
or
other
processes
for
working
materials.
3
3.
This
section
shall
not
apply
to
any
of
the
following:
4
a.
A
firearm
that
cannot
be
carried
and
used
by
one
person.
5
b.
A
firearm
that
has
a
bore
diameter
greater
than
one
6
and
one-half
inches
and
that
uses
smokeless
powder,
not
black
7
powder,
as
a
propellant.
8
c.
Ammunition
with
a
projectile
that
explodes
using
an
9
explosion
of
chemical
energy
after
the
projectile
leaves
the
10
firearm.
11
d.
A
firearm
that
discharges
two
or
more
projectiles
with
12
one
activation
of
the
trigger
or
other
firing
device.
13
4.
Any
firearm,
firearm
accessory,
or
ammunition
14
manufactured
in
this
state
pursuant
to
this
section
shall
have
15
the
words
“Made
in
Iowa”
clearly
stamped
on
a
central
part
of
16
the
firearm,
firearm
accessory,
or
ammunition.
17
Sec.
3.
APPLICABILITY.
This
Act
applies
to
firearms,
18
firearm
accessories,
and
ammunition
manufactured
and
retained
19
in
this
state
on
or
after
October
1,
2011.
20
EXPLANATION
21
This
bill
provides
that
firearms,
firearm
accessories,
and
22
ammunition
manufactured
and
retained
in
Iowa
are
not
subject
to
23
federal
regulation
and
provides
an
applicability
date.
24
The
bill
specifies
that
any
firearm,
firearm
accessory,
or
25
ammunition
manufactured
in
Iowa
that
remains
within
Iowa
is
26
not
subject
to
federal
law
or
federal
regulation,
including
27
registration,
under
the
authority
of
the
United
States
Congress
28
to
regulate
interstate
commerce.
The
bill
applies
to
any
29
firearm,
firearm
accessory,
or
ammunition
manufactured
in
Iowa
30
from
basic
materials
that
can
be
manufactured
without
including
31
any
significant
parts
imported
from
another
state.
Generic
and
32
insignificant
parts
that
have
other
manufacturing
or
consumer
33
product
applications
are
not
firearms,
firearm
accessories,
or
34
ammunition,
and
their
importation
into
Iowa
and
incorporation
35
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121
into
a
firearm,
firearm
accessory,
or
ammunition
manufactured
1
in
Iowa
does
not
subject
the
firearm,
firearm
accessory,
or
2
ammunition
to
federal
regulation.
3
“Firearm
accessory”
is
defined
as
any
item
that
is
used
4
in
conjunction
with
or
mounted
upon
a
firearm
but
that
is
5
not
essential
to
the
basic
function
of
a
firearm,
including
6
but
not
limited
to
a
telescopic
or
laser
sight,
magazine,
7
flash
or
sound
suppressor,
folding
or
aftermarket
stock
or
8
grip,
speedloader,
ammunition
carrier,
and
light
for
target
9
illumination.
“Generic
and
insignificant
parts”
are
defined
10
to
include
but
not
be
limited
to
springs,
screws,
nuts,
and
11
pins,
and
“manufactured”
is
defined
to
mean
that
a
firearm,
12
firearm
accessory,
or
ammunition
has
been
created
from
basic
13
materials
for
functional
usefulness,
including
but
not
limited
14
to
forging,
casting,
machining,
or
other
processes
for
working
15
materials.
16
The
bill
does
not
apply
to
a
firearm
that
cannot
be
carried
17
and
used
by
one
person,
a
firearm
that
has
a
bore
diameter
18
greater
than
one
and
one-half
inches
and
that
uses
smokeless
19
powder
as
a
propellant,
ammunition
with
a
projectile
that
20
explodes
using
an
explosion
of
chemical
energy
after
the
21
projectile
leaves
the
firearm,
and
a
firearm
that
discharges
22
two
or
more
projectiles
with
one
activation
of
the
trigger
or
23
other
firing
device.
24
A
firearm,
firearm
accessory,
or
ammunition
manufactured
in
25
Iowa
under
the
bill
shall
have
the
words
“Made
in
Iowa”
clearly
26
stamped
on
a
central
part
of
the
firearm,
firearm
accessory,
27
or
ammunition.
28
The
bill
makes
a
conforming
change
to
Code
section
724.2
to
29
authorize
any
person,
firm,
or
corporation
lawfully
engaged
in
30
the
improvement,
invention,
or
manufacture
of
firearms,
firearm
31
accessories,
or
ammunition
to
lawfully
possess
such
items.
32
The
bill
applies
to
firearms,
firearm
accessories,
and
33
ammunition
manufactured
and
retained
in
Iowa
on
or
after
34
October
1,
2011.
35
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