1 of 1
HOUSE DOCKET, NO. 562 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 2380
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Frank A. Moran
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to firearm industry accountability and gun violence victims’ access to justice.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2023David Paul Linsky5th Middlesex1/19/2023 1 of 12
HOUSE DOCKET, NO. 562 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 2380
By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 2380) of
Frank A. Moran and David Paul Linsky relative to firearm industry accountability and access to
justice by allowing for civil actions by victims of gun violence. Public Safety and Homeland
Security.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to firearm industry accountability and gun violence victims’ access to justice.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 TITLE XV of Part 1 of the General Laws is hereby amended by inserting after Chapter
2110H a new Chapter 110I, commencing with Section 1, as follows:
3 Section 1. Short Title.
4 This Act shall be known and may be cited as the Gun Violence Victims’ Access to
5Justice Act.
6 Section 2. Findings and Declarations.
7 The General Court hereby finds and declares that:
8 (a) The Commonwealth of Massachusetts has a compelling interest in protecting its
9residents’ life, health, safety, and wellbeing from gun violence and related harms. 2 of 12
10 (b) Unlawful and irresponsible conduct by members of the firearm industry pose
11significant risks to the life, health, safety, and wellbeing of Massachusetts residents.
12 (c) Our Commonwealth and nation have a longstanding tradition of prescribing standards
13of responsible conduct and accountability for industries whose business practices may cause
14harm to the public, including the firearm industry.
15 (d) The federal Protection of Lawful Commerce in Arms Act preserves states’ critical
16authority to enact laws prescribing and enforcing standards of responsible conduct and
17accountability for the firearm industry.
18 (e) It shall be the policy of the Commonwealth of Massachusetts that firearm industry
19members have a lawful duty and responsibility to take reasonable precautions to prevent
20foreseeable risks to life, health, safety, and wellbeing, including but not limited to the
21requirements of this Chapter.
22 (f) It shall be the policy of the Commonwealth of Massachusetts that persons and entities
23harmed by firearm industry members’ wrongful and unlawful conduct, and public officials acting
24in the public interest, shall not be barred from pursuing civil actions seeking appropriate justice,
25fair compensation, and other remedies for those harms in court, consistent with any limitations or
26immunities otherwise provided in Massachusetts or federal law.
27 Section 3. Definitions.
28 As used in this Chapter: 3 of 12
29 (a) “Firearm industry member” means a person, firm, corporation, or any other entity
30engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a
31firearm industry product.
32 (b) “Firearm industry product” means:
33 (1) A firearm;
34 (2) Ammunition;
35 (3) A completed or unfinished frame or receiver;
36 (4) A firearm component or magazine;
37 (5) A device that is designed or adapted to be inserted into, affixed onto, or used in
38conjunction with a firearm, if the device is marketed or sold to the public, or reasonably designed
39or intended, to be used to increase a firearm’s rate of fire, concealability, magazine capacity, or
40destructive capacity, or to increase the firearm’s stability and handling when the firearm is
41repeatedly fired.
42 (6) Any machine or device that is marketed or sold to the public, or reasonably designed
43or intended, to be used to manufacture or produce a firearm or any other firearm industry product
44listed in this paragraph.
45 (c) “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or
46transfer a firearm industry product for purposes of unlawful commerce, including but not limited
47to subsequent transfer to a person who is prohibited from possessing the firearm industry product
48under Massachusetts or federal law. 4 of 12
49 (d) “Reasonable controls” means reasonable procedures, safeguards, and business
50practices that are designed to do all of the following:
51 (1) Prevent the sale or distribution of a firearm industry product to:
52
53 (i) A straw purchaser or firearm trafficker;
54 (ii) A person who is prohibited from possessing the firearm industry product under
55Massachusetts or federal law;
56 (iii) A person the firearm industry member has reasonable cause to believe is at
57substantial risk of using a firearm industry product to harm themselves or unlawfully harm
58another, or of otherwise unlawfully possessing or using a firearm industry product.
59 (2) Prevent the loss or theft of a firearm industry product from a firearm industry
60member.
61 (3) Ensure the firearm industry member does not promote or facilitate the unlawful
62manufacture, sale, possession, marketing, or use of a firearm industry product.
63 (4) Ensure the firearm industry member complies with all provisions of Massachusetts
64and federal law.
65 (e) “Short-barreled rifle” means any of the following:
66 (1) A rifle having a barrel or barrels of less than 16 inches in length.
67 (2) A rifle with an overall length of less than 26 inches. 5 of 12
68 (3) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if
69that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less
70than 16 inches in length.
71 (4) Any device that may be readily restored to fire a fixed cartridge which, when so
72restored, is a device defined in this subdivision (e).
73 (5) Any part, or combination of parts, designed and intended to convert a device into a
74device defined in this subdivision (e), or any combination of parts from which a device defined
75in this subdivision (e) may be readily assembled if those parts are in the possession or under the
76control of the same person.
77 (f) “Straw purchaser” means an individual who conceals, or intends to conceal, from a
78seller or transferor that the individual is purchasing or obtaining a firearm industry product on
79behalf of a third party. This term does not apply to an individual obtaining a firearm industry
80product as a bona fide gift to a person who is not prohibited by law from possessing or receiving
81a firearm industry product. For the purposes of this paragraph, a gift is not a bona fide gift if the
82transferee has offered or given the transferor a service or thing of value to acquire the firearm
83industry product on the transferee’s behalf.
84 (g) “Unfinished frame or receiver” means any forging, casting, printing, extrusion,
85machined body or similar article that has reached a stage in manufacture where it may readily be
86completed, assembled or converted to be used as the frame or receiver of a functional firearm, or
87that is marketed or sold to the public to become or be used as the frame or receiver of a
88functional firearm once completed, assembled, or converted. 6 of 12
89 (h) The following terms shall have the same meaning provided in Section 121 of Chapter
90140 of the General Laws and the Attorney General’s Enforcement Notice of July 20, 2016
91governing the definition of “Assault weapon”:
92 (1) “Assault weapon”
93 (2) “Bump stock”
94 (3) “Large capacity feeding device”
95 (4) “Large capacity weapon”
96 (5) “Machine gun”
97 (6) “Sawed-off shotgun”
98 (7) “Trigger crank”
99 (i) “.50 caliber rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The
100term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel,
101or any muzzle-loader which uses black powder for hunting or historical re-enactments.
102 (j) “.50 caliber cartridge” means a cartridge in .50 BMG caliber, either by designation or
103actual measurement, that is capable of being fired from a centerfire rifle. The term “.50 caliber
104cartridge” does not include any memorabilia or display item that is filled with a permanent inert
105substance or that is otherwise permanently altered in a manner that prevents ready modification
106for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or
107greater than .50 caliber.
108 Section 4. Firearm Industry Standard of Responsible Conduct. 7 of 12
109 (a) A firearm industry member shall:
110 (1) Establish and implement reasonable controls, as defined in Section 3 of this Chapter,
111regarding the manufacture, distribution, importation, marketing, and sale of firearm industry
112products; and
113 (2) Take reasonable precautions to ensure the firearm industry member does not sell or
114distribute a firearm industry product to a downstream distributor or retailer of firearm industry
115products that fails to establish and implement reasonable controls.
116 (b) A firearm industry member shall not manufacture, distribute, import, market, offer for
117wholesale, or offer for retail sale a firearm industry product that is:
118 (1) Designed, sold, or marketed in a manner that foreseeably promotes conversion of
119legal firearm industry products into illegal firearm industry products; or
120 (2) Designed, sold, or marketed in a manner that is targeted at minors or individuals who
121are legally prohibited from purchasing or possessing firearms;
122 (c) A firearm industry member shall not manufacture, distribute, import, market, offer for
123wholesale, or offer for retail sale a firearm industry product that is abnormally dangerous and
124likely to create an unreasonable risk of harm to public health or safety, except for use solely by
125members of the armed forces, national guard, or law enforcement agencies. For the purposes of
126this paragraph, the following shall apply:
127 (1) A firearm industry product shall not be considered abnormally dangerous and likely
128to create an unreasonable risk of harm to public health and safety based upon the inherent
129potential of a firearm or ammunition to cause injury, damage, or death when discharged. 8 of 12
130 (2) The following firearm industry products shall be considered abnormally dangerous
131and likely to create an unreasonable risk of harm to public health and safety:
132 (i) Assault weapons;
133 (ii) Bump stocks;
134 (iii) Fifty caliber rifles;
135 (iv) Large capacity feeding devices;
136 (v) Large capacity weapons;
137 (vi) Machine guns;
138 (vii) Sawed-off shotguns;
139 (viii) Short-barreled rifles;
140 (ix) Trigger cranks.
141 (3) There shall be a presumption that any other firearm industry product is abnormally
142dangerous and likely to create an unreasonable risk of harm to public health and safety if the
143firearm industry product’s features render the product most suitable for assaultive purposes
144instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
145
146 (d) A firearm industry member shall comply with the provisions of all of the following
147when engaged in the manufacture, distribution, importation, marketing, or wholesale or retail
148sale of a firearm industry product: 9 of 12
149 (1) The Massachusetts Antitrust Act, Sections 1 to 14A, inclusive, of Chapter 93 of the
150General Laws;
151 (2) The Regulation of Business Practice and Consumer Protection Act, Chapter 93A of
152the General Laws;
153 (3) Sections 91 and 92 of Chapter 266 of the General Laws; and
154 (4) Sections 10 to 12, inclusive, of Chapter 269 of Title 1 of the General Laws.
155
156 (e) This section shall apply to a firearm industry member engaged in the manufacture,
157distribution, importation, marketing, or wholesale or retail sale of a firearm industry product that
158meets any of the following conditions:
159 (1) The firearm industry product was sold, made, distributed, or marketed in this state.
160 (2) The firearm industry product was intended to be sold, made, distributed, or marketed
161in this state.
162 (3) The firearm industry product was used or possessed in this state, and it was
163reasonably foreseeable that the product would be used or possessed in this state.
164 Section 5. Cause of Action for Violations of Firearm Industry Standard of Responsible
165Conduct.
166 (a) A person or entity who has suffered harm as a result of a firearm industry member’s
167acts or omissions in violation of any provision of Section 4 may bring a civil action under this
168section in a court of competent jurisdiction. 10 of 12
169
170 (b) The Attorney General, or the Attorney General’s designee, may bring a civil action in
171a court of competent jurisdiction to enforce this Act and remedy harms caused by any acts or
172omissions in violation of any provision of Section 4.
173 (c) In an action brought under this section, if the court determines that a firearm industry
174member engaged in conduct in violation of Section 4, the court shall award just and appropriate
175relief, including any or all of the following:
176
177 (1) Injunctive relief sufficient to prevent the firearm industry member and any other
178defendant from further violating the law;
179
180 (2) Compensatory and punitive damages;
181
182 (3) Reasonable attorney’s fees, filing fees, and reasonable costs of action; and
183
184 (4) Any other just and appropriate relief necessary to enforce this Act and remedy the
185harm caused by the violation.
186 (d) In an action brought under this section:
187 11 of 12
188 (1) An intervening act by a third party, including but not limited to the unlawful misuse
189of a firearm industry product, shall not preclude a firearm industry member from liability for
190harms caused by the firearm industry member’s violation of any provision of Section 4.
191
192 (2) Notwithstanding any intervening act by a third party, there shall be a presumption that
193a firearm industry member’s violation of Section 4 was the proximate cause of harms suffered by
194the plaintiff from a firearm industry product involved in the violation, if the firearm industry
195member’s violation of Section 4 created a reasonably foreseeable risk that the harm would occur.
196 (e) An action under this Act may be commenced within 5 years from the date that the
197violation occurred or the harm was incurred.
198 (f) A civil action brought under this section may be brought in:
199 (1) The county in which all or a substantial part of the events or omissions giving rise to
200the claim occurred;
201 (2) The county of residence of any natural person defendant at the time the cause of
202action accrued;
203 (3) The county of the principal office in this state of any defendant that is not a natural
204person; or
205 (4) The county of residence for the plaintiff if the plaintiff is a natural person residing in
206this State.
207 Section 6. Limitations. 12 of 12
208 (a) Nothing in this Act shall be construed or implied to limit or impair in any way the
209right of the Attorney General, or any person or entity, to pursue a legal action under any other
210law, cause of action, tort theory, or other authority.
211 (b) Nothing in this Act shall be construed or implied to limit or impair in any way an
212obligation or requirement placed on a firearm industry member by any other authority.
213 (c) This Act shall be construed and applied in a manner that is consistent with the
214requirements of the Constitutions of Massachusetts and the United States.
215 Section 7. Severability.
216
217 If any provision of this Act, or part of this Act, any clause within this Act, any
218combination of words within this Act, or the application of any provision or part or clause or
219combination of words of this Act to any person or circumstance, is for any reason held to be
220invalid or unconstitutional, the remaining provisions, clauses, words, or applications of
221provisions, clauses, or words shall not be affected, but shall remain in full force and effect, and
222to this end the provisions of this Act are severable.
223 Section 8. Effective date.
224
225 This Act shall take effect 120 days after the date of enactment.
226