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SENATE DOCKET, NO. 1023 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1653
The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexJason M. LewisFifth Middlesex1/29/2025David Paul Linsky5th Middlesex1/29/2025Christopher Richard Flanagan1st Barnstable1/30/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2025Patricia D. JehlenSecond Middlesex2/19/2025Manny Cruz7th Essex2/25/2025 1 of 6
SENATE DOCKET, NO. 1023 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1653
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1653) of Cynthia Stone Creem,
Jason M. Lewis, David Paul Linsky, Christopher Richard Flanagan and other members of the
General Court for legislation relative to firearm industry accountability and gun violence
victims’ access to justice. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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 The General Laws are hereby amended by inserting after 110H the following chapter:-
2 CHAPTER 110I.
3 GUN VIOLENCE VICTIMS' ACCESS TO JUSTICE.
4 Section 1. As used in this chapter, the following words shall have the following meanings
5unless the context clearly requires otherwise:
6 “Firearm industry member”, a person, firm, corporation, or any other entity engaged in
7the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm
8industry product.
9 “Firearm industry product”, a product that meets any of the following conditions: (i) the
10product was sold, made, distributed, or marketed in the commonwealth; (ii) the product was 2 of 6
11intended to be sold, made, distributed, or marketed in the commonwealth; or (iii) the product was
12used or possessed in the commonwealth, and it was reasonably foreseeable that the product
13would be used or possessed in the commonwealth.
14 “Firearm trafficker”, a person who acquires, transfers, or attempts to acquire or transfer a
15firearm industry product for the unlawful use of another or for resale to or giving to another in
16violation of the laws of the commonwealth or of federal law.
17 “Product”, any of the following: (i) a firearm; (ii) ammunition; (iii) a completed or
18unfinished frame or receiver; (iv) a firearm component or magazine; (v) a device that is designed
19or adapted to be inserted into, affixed onto, or used in conjunction with a firearm, if the device is
20marketed or sold to the public, or reasonably designed or intended, to be used to increase a
21firearm’s rate of fire, concealability, magazine capacity, or destructive capacity, or to increase
22the firearm’s stability and handling when the firearm is repeatedly fired; or (vi) any machine or
23device that is marketed or sold to the public, or reasonably designed or intended, to be used to
24manufacture or produce a firearm or any other firearm industry product listed in this paragraph.
25 “Reasonable controls”, reasonable procedures, safeguards, and business practices that are
26designed to do all of the following: (1) prevent the sale or distribution of a firearm industry
27product to: (i) a straw purchaser or firearm trafficker; (ii) a person who is prohibited from
28possessing the firearm industry product under Massachusetts or federal law; or (iii) a person the
29firearm industry member has reasonable cause to believe is at substantial risk of using a firearm
30industry product to harm themselves or unlawfully harm another, or of otherwise unlawfully
31possessing or using a firearm industry product; (2) prevent the loss or theft of a firearm industry
32product from a firearm industry member; (3) ensure the firearm industry member does not 3 of 6
33promote or facilitate the unlawful manufacture, sale, possession, marketing, or use of a firearm
34industry product; or (4) ensure the firearm industry member complies with all provisions of
35Massachusetts and federal law.
36 “Straw purchaser”, an individual who purchases or obtains a firearm on behalf of a third
37party. This term does not apply to an individual obtaining a firearm as a bona fide gift to a person
38who is not prohibited by law from possessing or receiving a firearm. For the purposes of this
39paragraph, a gift is not a bona fide gift if the transferee has offered or given the transferor a
40service or thing of value to acquire the firearm on the transferee’s behalf.
41 “Unfinished frame or receiver”, any forging, casting, printing, extrusion, machined body
42or similar article that has reached a stage in manufacture where it may readily be completed,
43assembled or converted to be used as the frame or receiver of a functional firearm, or that is
44marketed or sold to the public to become or be used as the frame or receiver of a functional
45firearm once completed, assembled, or converted.
46 Section 2. (a) A firearm industry member shall: (1) establish and implement reasonable
47controls regarding the manufacture, distribution, importation, marketing, and sale of firearm
48industry products; and (2) take reasonable precautions to ensure the firearm industry member
49does not sell or distribute a firearm industry product to a downstream distributor or retailer of
50firearm industry products that fails to establish and implement reasonable controls.
51 (b) A firearm industry member shall not manufacture, distribute, import, market, offer for
52wholesale, or offer for retail sale a firearm industry product that is: (1) designed, sold, or
53marketed in a manner that foreseeably promotes conversion of legal firearm industry products
54into illegal firearm industry products; or (2) designed, sold, or marketed in a manner that is 4 of 6
55targeted at minors or individuals who are legally prohibited from purchasing or possessing
56firearms; (3) prohibited under the laws of the commonwealth or under federal law.
57 (c) A firearm industry member shall comply with the provisions of all of the following
58when engaged in the manufacture, distribution, importation, marketing, or wholesale or retail
59sale of a firearm industry product: (1) the Massachusetts Antitrust Act, Sections 1 to 14A,
60inclusive, of Chapter 93; (2) the Regulation of Business Practice and Consumer Protection Act,
61Chapter 93A; (3) sections 91 and 92 of Chapter 266; and (4) sections 10 to 12, inclusive, of
62Chapter 269.
63 Section 3. (a) A person or entity who has suffered harm as a result of a firearm industry
64member’s acts or omissions in violation of any provision of section 2 may bring a civil action
65under this section in a court of competent jurisdiction.
66 (b) The attorney general, or the attorney general’s designee, may bring a civil action in a
67court of competent jurisdiction to enforce this chapter and remedy harms caused by any acts or
68omissions in violation of any provision of section 2.
69 (c) In an action brought under this section, if the court determines that a firearm industry
70member engaged in conduct in violation of Section 2, the court shall award just and appropriate
71relief, including any or all of the following: (1) injunctive relief sufficient to prevent the firearm
72industry member and any other defendant from further violating the law; (2) compensatory and
73punitive damages; (3) reasonable attorney’s fees, filing fees, and reasonable costs of action; and
74(4) any other just and appropriate relief necessary to enforce this chapter and remedy the harm
75caused by the violation. 5 of 6
76 (d) In an action brought under this section: (1) an intervening act by a third party,
77including but not limited to the unlawful misuse of a firearm industry product, shall not preclude
78a firearm industry member from liability for harms caused by the firearm industry member’s
79violation of any provision of section 2, provided that the violation created a reasonably
80foreseeable risk that the harm would occur.
81 (e) An action under this chapter may be commenced within 5 years from the date that the
82violation occurred or the harm was incurred.
83 (f) A civil action brought under this section may be brought in: (1) the county in which
84all or a substantial part of the events or omissions giving rise to the claim occurred; (2) the
85county of residence of any natural person defendant at the time the cause of action accrued; (3)
86the county of the principal office in this state of any defendant that is not a natural person; or (4)
87the county of residence for the plaintiff if the plaintiff is a natural person residing in this
88commonwealth.
89 Section 4. (a) Nothing in this chapter shall be construed or implied to limit or impair in
90any way the right of the attorney general, or any person or entity, to pursue a legal action under
91any other law, cause of action, tort theory, or other authority.
92 (b) Nothing in this chapter shall be construed or implied to limit or impair in any way an
93obligation or requirement placed on a firearm industry member by any other authority.
94 Section 5. If any provision of this chapter, any part of this chapter, any clause within this
95chapter, any combination of words within this chapter, or the application of any provision or part
96or clause or combination of words of this chapter to any person or circumstance, is for any
97reason held to be invalid or unconstitutional, the remaining provisions, clauses, words, or 6 of 6
98applications of provisions, clauses, or words shall not be affected, but shall remain in full force
99and effect, and to this end the provisions of this chapter are severable.