Maryland 2022 Regular Session

Maryland House Bill HB1396

Introduced
2/17/22  
Refer
2/17/22  

Caption

Public Safety - Firearm Industry Members - Public Nuisance

Impact

This legislation has the potential to significantly alter the landscape of firearms regulation in Maryland. By establishing that violations of this act can be considered a public nuisance, it empowers various parties, including the Attorney General and local city councils, to initiate legal action against firearm industry members for damages or injunctive relief. The bill encourages accountability in the industry, particularly concerning how firearms are sold, marketed, and secured in the state, which may compel manufacturers and dealers to adopt safer practices, thus reducing firearm-related injuries and deaths.

Summary

House Bill 1396, known as the Public Safety - Firearm Industry Members - Public Nuisance Act, aims to hold the firearm industry accountable for actions that endanger the safety and health of the public. The bill prohibits firearm industry members from knowingly or recklessly engaging in certain conduct and requires them to implement reasonable controls to prevent illegal possession and sales. Violations of this act would be defined as a public nuisance, allowing the Attorney General to investigate and take action against offenders. The intent is to address the public health crisis related to firearm violence in Maryland, partly influenced by the limitations imposed by the Protection of Lawful Commerce in Arms Act (PLCAA).

Contention

There are notable points of contention surrounding the bill. Proponents argue that it addresses the lack of accountability in the firearm industry and may lead to safer practices that could mitigate gun violence and its associated public health issues. Critics, however, may view it as an overreach that could impose undue burdens on lawful firearm businesses and possibly infringe upon Second Amendment rights. The debate hinges on balancing public safety with industry freedom, and the implications of imposing what some consider regulatory restrictions on a legally protected industry.

Companion Bills

MD SB873

Crossfiled Public Safety – Firearm Industry Members – Public Nuisance

Similar Bills

NJ S1893

Allows Attorney General to bring cause of action for certain public nuisance violations arising from sale or marketing of firearms.

NJ A1765

Allows Attorney General to bring cause of action for certain public nuisance violations arising from sale or marketing of firearms.

NM HB114

Firearm Industry Accountability Act

MD HB947

Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2024)

CA SB1448

Healing arts licensees: probation status: disclosure.

CA AB1594

Firearms: civil suits.

CA SB1498

Cannabis and industrial hemp: advertising: civil action.

MD SB488

Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2024)