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Massachusetts House Bill H2380

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2380 Compare Versions

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22 HOUSE DOCKET, NO. 562 FILED ON: 1/13/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2380
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Frank A. Moran
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to firearm industry accountability and gun violence victims’ access to justice.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2023David Paul Linsky5th Middlesex1/19/2023 1 of 12
1616 HOUSE DOCKET, NO. 562 FILED ON: 1/13/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2380
1818 By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 2380) of
1919 Frank A. Moran and David Paul Linsky relative to firearm industry accountability and access to
2020 justice by allowing for civil actions by victims of gun violence. Public Safety and Homeland
2121 Security.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to firearm industry accountability and gun violence victims’ access to justice.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 TITLE XV of Part 1 of the General Laws is hereby amended by inserting after Chapter
3131 2110H a new Chapter 110I, commencing with Section 1, as follows:
3232 3 Section 1. Short Title.
3333 4 This Act shall be known and may be cited as the Gun Violence Victims’ Access to
3434 5Justice Act.
3535 6 Section 2. Findings and Declarations.
3636 7 The General Court hereby finds and declares that:
3737 8 (a) The Commonwealth of Massachusetts has a compelling interest in protecting its
3838 9residents’ life, health, safety, and wellbeing from gun violence and related harms. 2 of 12
3939 10 (b) Unlawful and irresponsible conduct by members of the firearm industry pose
4040 11significant risks to the life, health, safety, and wellbeing of Massachusetts residents.
4141 12 (c) Our Commonwealth and nation have a longstanding tradition of prescribing standards
4242 13of responsible conduct and accountability for industries whose business practices may cause
4343 14harm to the public, including the firearm industry.
4444 15 (d) The federal Protection of Lawful Commerce in Arms Act preserves states’ critical
4545 16authority to enact laws prescribing and enforcing standards of responsible conduct and
4646 17accountability for the firearm industry.
4747 18 (e) It shall be the policy of the Commonwealth of Massachusetts that firearm industry
4848 19members have a lawful duty and responsibility to take reasonable precautions to prevent
4949 20foreseeable risks to life, health, safety, and wellbeing, including but not limited to the
5050 21requirements of this Chapter.
5151 22 (f) It shall be the policy of the Commonwealth of Massachusetts that persons and entities
5252 23harmed by firearm industry members’ wrongful and unlawful conduct, and public officials acting
5353 24in the public interest, shall not be barred from pursuing civil actions seeking appropriate justice,
5454 25fair compensation, and other remedies for those harms in court, consistent with any limitations or
5555 26immunities otherwise provided in Massachusetts or federal law.
5656 27 Section 3. Definitions.
5757 28 As used in this Chapter: 3 of 12
5858 29 (a) “Firearm industry member” means a person, firm, corporation, or any other entity
5959 30engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a
6060 31firearm industry product.
6161 32 (b) “Firearm industry product” means:
6262 33 (1) A firearm;
6363 34 (2) Ammunition;
6464 35 (3) A completed or unfinished frame or receiver;
6565 36 (4) A firearm component or magazine;
6666 37 (5) A device that is designed or adapted to be inserted into, affixed onto, or used in
6767 38conjunction with a firearm, if the device is marketed or sold to the public, or reasonably designed
6868 39or intended, to be used to increase a firearm’s rate of fire, concealability, magazine capacity, or
6969 40destructive capacity, or to increase the firearm’s stability and handling when the firearm is
7070 41repeatedly fired.
7171 42 (6) Any machine or device that is marketed or sold to the public, or reasonably designed
7272 43or intended, to be used to manufacture or produce a firearm or any other firearm industry product
7373 44listed in this paragraph.
7474 45 (c) “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or
7575 46transfer a firearm industry product for purposes of unlawful commerce, including but not limited
7676 47to subsequent transfer to a person who is prohibited from possessing the firearm industry product
7777 48under Massachusetts or federal law. 4 of 12
7878 49 (d) “Reasonable controls” means reasonable procedures, safeguards, and business
7979 50practices that are designed to do all of the following:
8080 51 (1) Prevent the sale or distribution of a firearm industry product to:
8181 52
8282 53 (i) A straw purchaser or firearm trafficker;
8383 54 (ii) A person who is prohibited from possessing the firearm industry product under
8484 55Massachusetts or federal law;
8585 56 (iii) A person the firearm industry member has reasonable cause to believe is at
8686 57substantial risk of using a firearm industry product to harm themselves or unlawfully harm
8787 58another, or of otherwise unlawfully possessing or using a firearm industry product.
8888 59 (2) Prevent the loss or theft of a firearm industry product from a firearm industry
8989 60member.
9090 61 (3) Ensure the firearm industry member does not promote or facilitate the unlawful
9191 62manufacture, sale, possession, marketing, or use of a firearm industry product.
9292 63 (4) Ensure the firearm industry member complies with all provisions of Massachusetts
9393 64and federal law.
9494 65 (e) “Short-barreled rifle” means any of the following:
9595 66 (1) A rifle having a barrel or barrels of less than 16 inches in length.
9696 67 (2) A rifle with an overall length of less than 26 inches. 5 of 12
9797 68 (3) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if
9898 69that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less
9999 70than 16 inches in length.
100100 71 (4) Any device that may be readily restored to fire a fixed cartridge which, when so
101101 72restored, is a device defined in this subdivision (e).
102102 73 (5) Any part, or combination of parts, designed and intended to convert a device into a
103103 74device defined in this subdivision (e), or any combination of parts from which a device defined
104104 75in this subdivision (e) may be readily assembled if those parts are in the possession or under the
105105 76control of the same person.
106106 77 (f) “Straw purchaser” means an individual who conceals, or intends to conceal, from a
107107 78seller or transferor that the individual is purchasing or obtaining a firearm industry product on
108108 79behalf of a third party. This term does not apply to an individual obtaining a firearm industry
109109 80product as a bona fide gift to a person who is not prohibited by law from possessing or receiving
110110 81a firearm industry product. For the purposes of this paragraph, a gift is not a bona fide gift if the
111111 82transferee has offered or given the transferor a service or thing of value to acquire the firearm
112112 83industry product on the transferee’s behalf.
113113 84 (g) “Unfinished frame or receiver” means any forging, casting, printing, extrusion,
114114 85machined body or similar article that has reached a stage in manufacture where it may readily be
115115 86completed, assembled or converted to be used as the frame or receiver of a functional firearm, or
116116 87that is marketed or sold to the public to become or be used as the frame or receiver of a
117117 88functional firearm once completed, assembled, or converted. 6 of 12
118118 89 (h) The following terms shall have the same meaning provided in Section 121 of Chapter
119119 90140 of the General Laws and the Attorney General’s Enforcement Notice of July 20, 2016
120120 91governing the definition of “Assault weapon”:
121121 92 (1) “Assault weapon”
122122 93 (2) “Bump stock”
123123 94 (3) “Large capacity feeding device”
124124 95 (4) “Large capacity weapon”
125125 96 (5) “Machine gun”
126126 97 (6) “Sawed-off shotgun”
127127 98 (7) “Trigger crank”
128128 99 (i) “.50 caliber rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The
129129 100term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel,
130130 101or any muzzle-loader which uses black powder for hunting or historical re-enactments.
131131 102 (j) “.50 caliber cartridge” means a cartridge in .50 BMG caliber, either by designation or
132132 103actual measurement, that is capable of being fired from a centerfire rifle. The term “.50 caliber
133133 104cartridge” does not include any memorabilia or display item that is filled with a permanent inert
134134 105substance or that is otherwise permanently altered in a manner that prevents ready modification
135135 106for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or
136136 107greater than .50 caliber.
137137 108 Section 4. Firearm Industry Standard of Responsible Conduct. 7 of 12
138138 109 (a) A firearm industry member shall:
139139 110 (1) Establish and implement reasonable controls, as defined in Section 3 of this Chapter,
140140 111regarding the manufacture, distribution, importation, marketing, and sale of firearm industry
141141 112products; and
142142 113 (2) Take reasonable precautions to ensure the firearm industry member does not sell or
143143 114distribute a firearm industry product to a downstream distributor or retailer of firearm industry
144144 115products that fails to establish and implement reasonable controls.
145145 116 (b) A firearm industry member shall not manufacture, distribute, import, market, offer for
146146 117wholesale, or offer for retail sale a firearm industry product that is:
147147 118 (1) Designed, sold, or marketed in a manner that foreseeably promotes conversion of
148148 119legal firearm industry products into illegal firearm industry products; or
149149 120 (2) Designed, sold, or marketed in a manner that is targeted at minors or individuals who
150150 121are legally prohibited from purchasing or possessing firearms;
151151 122 (c) A firearm industry member shall not manufacture, distribute, import, market, offer for
152152 123wholesale, or offer for retail sale a firearm industry product that is abnormally dangerous and
153153 124likely to create an unreasonable risk of harm to public health or safety, except for use solely by
154154 125members of the armed forces, national guard, or law enforcement agencies. For the purposes of
155155 126this paragraph, the following shall apply:
156156 127 (1) A firearm industry product shall not be considered abnormally dangerous and likely
157157 128to create an unreasonable risk of harm to public health and safety based upon the inherent
158158 129potential of a firearm or ammunition to cause injury, damage, or death when discharged. 8 of 12
159159 130 (2) The following firearm industry products shall be considered abnormally dangerous
160160 131and likely to create an unreasonable risk of harm to public health and safety:
161161 132 (i) Assault weapons;
162162 133 (ii) Bump stocks;
163163 134 (iii) Fifty caliber rifles;
164164 135 (iv) Large capacity feeding devices;
165165 136 (v) Large capacity weapons;
166166 137 (vi) Machine guns;
167167 138 (vii) Sawed-off shotguns;
168168 139 (viii) Short-barreled rifles;
169169 140 (ix) Trigger cranks.
170170 141 (3) There shall be a presumption that any other firearm industry product is abnormally
171171 142dangerous and likely to create an unreasonable risk of harm to public health and safety if the
172172 143firearm industry product’s features render the product most suitable for assaultive purposes
173173 144instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
174174 145
175175 146 (d) A firearm industry member shall comply with the provisions of all of the following
176176 147when engaged in the manufacture, distribution, importation, marketing, or wholesale or retail
177177 148sale of a firearm industry product: 9 of 12
178178 149 (1) The Massachusetts Antitrust Act, Sections 1 to 14A, inclusive, of Chapter 93 of the
179179 150General Laws;
180180 151 (2) The Regulation of Business Practice and Consumer Protection Act, Chapter 93A of
181181 152the General Laws;
182182 153 (3) Sections 91 and 92 of Chapter 266 of the General Laws; and
183183 154 (4) Sections 10 to 12, inclusive, of Chapter 269 of Title 1 of the General Laws.
184184 155
185185 156 (e) This section shall apply to a firearm industry member engaged in the manufacture,
186186 157distribution, importation, marketing, or wholesale or retail sale of a firearm industry product that
187187 158meets any of the following conditions:
188188 159 (1) The firearm industry product was sold, made, distributed, or marketed in this state.
189189 160 (2) The firearm industry product was intended to be sold, made, distributed, or marketed
190190 161in this state.
191191 162 (3) The firearm industry product was used or possessed in this state, and it was
192192 163reasonably foreseeable that the product would be used or possessed in this state.
193193 164 Section 5. Cause of Action for Violations of Firearm Industry Standard of Responsible
194194 165Conduct.
195195 166 (a)  A person or entity who has suffered harm as a result of a firearm industry member’s
196196 167acts or omissions in violation of any provision of Section 4 may bring a civil action under this
197197 168section in a court of competent jurisdiction. 10 of 12
198198 169
199199 170 (b) The Attorney General, or the Attorney General’s designee, may bring a civil action in
200200 171a court of competent jurisdiction to enforce this Act and remedy harms caused by any acts or
201201 172omissions in violation of any provision of Section 4.
202202 173 (c) In an action brought under this section, if the court determines that a firearm industry
203203 174member engaged in conduct in violation of Section 4, the court shall award just and appropriate
204204 175relief, including any or all of the following:
205205 176
206206 177 (1) Injunctive relief sufficient to prevent the firearm industry member and any other
207207 178defendant from further violating the law;
208208 179
209209 180 (2) Compensatory and punitive damages;
210210 181
211211 182 (3) Reasonable attorney’s fees, filing fees, and reasonable costs of action; and
212212 183
213213 184 (4) Any other just and appropriate relief necessary to enforce this Act and remedy the
214214 185harm caused by the violation.
215215 186 (d) In an action brought under this section:
216216 187 11 of 12
217217 188 (1) An intervening act by a third party, including but not limited to the unlawful misuse
218218 189of a firearm industry product, shall not preclude a firearm industry member from liability for
219219 190harms caused by the firearm industry member’s violation of any provision of Section 4.
220220 191
221221 192 (2) Notwithstanding any intervening act by a third party, there shall be a presumption that
222222 193a firearm industry member’s violation of Section 4 was the proximate cause of harms suffered by
223223 194the plaintiff from a firearm industry product involved in the violation, if the firearm industry
224224 195member’s violation of Section 4 created a reasonably foreseeable risk that the harm would occur.
225225 196 (e) An action under this Act may be commenced within 5 years from the date that the
226226 197violation occurred or the harm was incurred.
227227 198 (f) A civil action brought under this section may be brought in:
228228 199 (1) The county in which all or a substantial part of the events or omissions giving rise to
229229 200the claim occurred;
230230 201 (2) The county of residence of any natural person defendant at the time the cause of
231231 202action accrued;
232232 203 (3) The county of the principal office in this state of any defendant that is not a natural
233233 204person; or
234234 205 (4) The county of residence for the plaintiff if the plaintiff is a natural person residing in
235235 206this State.
236236 207 Section 6. Limitations. 12 of 12
237237 208 (a) Nothing in this Act shall be construed or implied to limit or impair in any way the
238238 209right of the Attorney General, or any person or entity, to pursue a legal action under any other
239239 210law, cause of action, tort theory, or other authority.
240240 211 (b) Nothing in this Act shall be construed or implied to limit or impair in any way an
241241 212obligation or requirement placed on a firearm industry member by any other authority.
242242 213 (c) This Act shall be construed and applied in a manner that is consistent with the
243243 214requirements of the Constitutions of Massachusetts and the United States.
244244 215 Section 7. Severability.
245245 216
246246 217 If any provision of this Act, or part of this Act, any clause within this Act, any
247247 218combination of words within this Act, or the application of any provision or part or clause or
248248 219combination of words of this Act to any person or circumstance, is for any reason held to be
249249 220invalid or unconstitutional, the remaining provisions, clauses, words, or applications of
250250 221provisions, clauses, or words shall not be affected, but shall remain in full force and effect, and
251251 222to this end the provisions of this Act are severable.
252252 223 Section 8. Effective date.
253253 224
254254 225 This Act shall take effect 120 days after the date of enactment.
255255 226