Bill Text: IA HF253 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the possession of unlawfully produced firearms, the reporting of lost or stolen firearms, and providing penalties.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Public Safety. H.J. 211. [HF253 Detail]

Download: Iowa-2021-HF253-Introduced.html
House File 253 - Introduced HOUSE FILE 253 BY STAED , HUNTER , ANDERSON , KURTH , and MASCHER A BILL FOR An Act relating to the possession of unlawfully produced 1 firearms, the reporting of lost or stolen firearms, and 2 providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2123YH (3) 89 js/rh
H.F. 253 Section 1. NEW SECTION . 724.33 Producing or facilitating 1 the production of a firearm and firearm components using a 2 three-dimensional printer. 3 1. For purposes of this section: 4 a. “Serial number” means a unique sequence of numbers or 5 letters affixed to a firearm, firearm receiver, magazine, or 6 firearm component by a federally licensed firearms manufacturer 7 or importer. 8 b. “Three-dimensional printer” means a computer or 9 computer-driven machine or device capable of producing a 10 three-dimensional object from a digital model. 11 c. “Undetectable firearm” means any of the following: 12 (1) A firearm that is not as detectable, by use of a 13 walk-through metal detector or magnetometer commonly used at 14 an airport, as three and seven-tenths ounces of precipitation 15 hardening stainless steel designated as number 17400 under the 16 unified numbering system for alloys. 17 (2) A firearm of which the barrel, slide or cylinder, or 18 frame or receiver of the firearm would not generate an image 19 that accurately depicts the shape of the part when examined by 20 the type of x-ray machine commonly used at an airport. 21 d. “Untraceable firearm” means a firearm manufactured after 22 July 1, 2019, that is not an antique firearm and that cannot be 23 traced by law enforcement by means of a serial number affixed 24 to the firearm by a federally licensed firearms manufacturer 25 or importer. 26 2. A person who uses a three-dimensional printer or similar 27 device to produce a firearm, firearm receiver, magazine, or 28 firearm component or who imports, sells, ships, delivers, 29 possesses, transfers, transports, purchases, or receives a 30 firearm, firearm receiver, magazine, or firearm component 31 produced by a three-dimensional printer is guilty of a class 32 “D” felony if the firearm, firearm receiver, magazine, or 33 firearm component does not have a serial number. 34 3. A person who distributes, sells, transfers, ships, or 35 -1- LSB 2123YH (3) 89 js/rh 1/ 5
H.F. 253 delivers to another person, other than a federally licensed 1 firearms manufacturer, digital instructions in the form of 2 computer-aided design files or other code or instructions 3 stored and displayed in an electronic format as a digital 4 model that may be used to program a three-dimensional printer 5 to produce a firearm, firearm receiver, magazine, or firearm 6 component is guilty of a class “D” felony. 7 4. A person who does any of the following shall be guilty 8 of a class “D” felony: 9 a. Manufactures, owns, buys, sells, loans, furnishes, 10 transports, or possesses an undetectable firearm or any part 11 designed and intended solely and exclusively for use in an 12 undetectable firearm. 13 b. Assembles or repairs an undetectable firearm. 14 c. Manufactures an untraceable firearm with the intent to 15 sell the untraceable firearm. 16 5. A person other than a federally licensed firearms 17 manufacturer shall not manufacture or assemble a firearm with 18 the use of a three-dimensional printer or unfinished materials. 19 A lawfully manufactured firearm created in whole or in part 20 with a three-dimensional printer or unfinished materials shall 21 be detectable by standard screening systems. A person who 22 violates this subsection is guilty of a class “D” felony. 23 6. Upon the transfer of an unfinished frame or receiver, the 24 sheriff of the county of a transferee shall conduct a criminal 25 history check concerning the transferee by obtaining criminal 26 history data from the department of public safety that shall 27 include an inquiry of the national instant criminal background 28 check system maintained by the federal bureau of investigation 29 or any successor agency. 30 Sec. 2. NEW SECTION . 724.34 Reporting loss or theft of a 31 firearm or ammunition —— criminal penalty —— civil remedy. 32 1. A person shall report the loss or theft of any firearm 33 or ammunition owned by the person to a local law enforcement 34 agency within seventy-two hours after the person knew or should 35 -2- LSB 2123YH (3) 89 js/rh 2/ 5
H.F. 253 have reasonably known of the loss or theft of the firearm or 1 ammunition. 2 2. A local law enforcement agency shall report any loss 3 or theft reported to the agency under subsection 1 to the 4 department of public safety within twenty-four hours of the 5 receipt of the report. 6 3. A person who violates subsection 1 commits a serious 7 misdemeanor. 8 4. If a person fails to report the loss or theft of a 9 firearm or ammunition owned by the person in violation of 10 subsection 1, and such firearm or ammunition is subsequently 11 used in the furtherance of a crime, the victim of the crime may 12 bring a civil action for monetary damages against the person 13 for failing to report the loss or theft of the firearm or 14 ammunition. 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 relates to the possession of unlawfully produced 19 firearms and reporting lost or stolen firearms. 20 The bill provides definitions for “serial number”, 21 “three-dimensional printer”, “undetectable firearm”, and 22 “untraceable firearm”. The bill prohibits a person from using 23 a three-dimensional printer or similar device to produce a 24 firearm, firearm receiver, magazine, or firearm component 25 or importing, selling, shipping, delivering, possessing, 26 transferring, transporting, purchasing, or receiving a firearm, 27 firearm receiver, magazine, or firearm component produced by 28 a three-dimensional printer if the firearm, firearm receiver, 29 magazine, or firearm component does not have a serial number. 30 The bill prohibits a person from distributing, selling, 31 transferring, shipping, or delivering to another person, other 32 than a federally licensed firearms manufacturer, digital 33 instructions that may be used to program a three-dimensional 34 printer to produce a firearm, firearm receiver, magazine, 35 -3- LSB 2123YH (3) 89 js/rh 3/ 5
H.F. 253 or firearm component. The bill prohibits a person from 1 manufacturing, owning, buying, selling, loaning, furnishing, 2 transporting, or possessing an undetectable firearm or any 3 part designed and intended solely and exclusively for use in 4 an undetectable firearm. The bill prohibits a person from 5 assembling or repairing an undetectable firearm. The bill 6 prohibits a person from manufacturing an untraceable firearm 7 with the intent to sell the untraceable firearm. 8 The bill provides that only a federally licensed firearms 9 manufacturer is authorized to manufacture or assemble a firearm 10 with the use of a three-dimensional printer or unfinished 11 materials. The bill requires a lawfully manufactured firearm 12 created in whole or in part with a three-dimensional printer 13 or unfinished materials to be detectable by standard screening 14 systems. Upon the transfer of an unfinished frame or receiver, 15 the sheriff of the county of a transferee shall conduct a 16 criminal history check concerning the transferee by obtaining 17 criminal history data from the department of public safety 18 that shall include an inquiry of the national instant criminal 19 background check system maintained by the federal bureau of 20 investigation or any successor agency. A person who violates 21 a provision relating to unlawfully manufactured firearms, 22 undetectable firearms, or untraceable firearms is guilty of 23 a class “D” felony. A class “D” felony is punishable by 24 confinement for no more than five years and a fine of at least 25 $1,025 but not more than $10,245. 26 The bill requires a person to report the loss or theft of 27 any firearm or ammunition owned by the person to a local law 28 enforcement agency within 72 hours of when the person knew 29 or should have reasonably known of the loss or theft of the 30 firearm or ammunition. A person who violates this provision 31 commits a serious misdemeanor. A serious misdemeanor is 32 punishable by confinement for no more than one year and a fine 33 of at least $430 but not more than $2,560. 34 The bill also requires a local law enforcement agency to 35 -4- LSB 2123YH (3) 89 js/rh 4/ 5
H.F. 253 report to the department of public safety any loss or theft 1 reported to the local law enforcement agency within 24 hours of 2 receipt of the report. 3 If a person fails to report the loss or theft of a firearm 4 or ammunition owned by the person in violation of the bill, 5 and such firearm or ammunition is subsequently used in the 6 furtherance of a crime, the victim of the crime may bring 7 a civil action for monetary damages against the person 8 for failing to report the loss or theft of the firearm or 9 ammunition. 10 -5- LSB 2123YH (3) 89 js/rh 5/ 5
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