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Senate
File
2128
-
Introduced
SENATE
FILE
2128
BY
STAED
and
DONAHUE
A
BILL
FOR
An
Act
relating
to
securing
firearms
and
establishing
a
private
1
cause
of
action
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2128
Section
1.
NEW
SECTION
.
686E.1
Failure
to
secure
a
firearm
1
——
private
cause
of
action.
2
1.
If
an
owner
of
a
firearm
fails
to
secure
the
3
firearm
against
theft,
or
against
the
acquisition
or
use
4
by
an
unauthorized
person,
and
as
a
result
the
firearm
is
5
subsequently
used
in
the
commission
of
a
criminal
offense
by
6
a
third
party,
any
person
harmed
by
that
criminal
offense,
7
including
physical
injuries,
emotional
distress,
or
property
8
damage,
may
bring
a
civil
action
against
the
owner
of
the
9
firearm.
10
2.
It
shall
be
an
affirmative
defense
to
a
civil
action
11
brought
under
this
section
that
the
firearm
was
stolen
if
the
12
firearm
owner
reported
the
theft
to
law
enforcement
prior
to
13
the
commission
of
the
criminal
offense
which
is
the
basis
for
14
the
action.
15
3.
In
a
civil
action
brought
under
this
section,
the
court
16
may
award
the
prevailing
party
court
costs
and
reasonable
17
attorney
fees.
18
Sec.
2.
APPLICABILITY.
This
Act
applies
to
causes
of
action
19
that
arise
on
or
after
July
1,
2026.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
securing
firearms
and
establishing
a
24
private
cause
of
action.
25
Under
the
bill,
if
a
firearm
owner
fails
to
secure
their
26
firearm
against
theft,
or
against
the
acquisition
or
use
by
27
an
unauthorized
person,
and
as
a
result
the
firearm
is
later
28
used
to
commit
a
criminal
offense
by
a
third
party,
any
person
29
harmed
by
that
offense
may
bring
a
civil
action
against
the
30
firearm
owner.
31
The
bill
provides
that
a
firearm
owner
has
an
affirmative
32
defense
if
the
firearm
was
stolen
and
the
theft
was
reported
to
33
law
enforcement
before
the
criminal
offense
occurred.
34
The
bill
applies
to
causes
of
action
that
arise
on
or
after
35
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July
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