Maryland 2022 Regular Session

Maryland Senate Bill SB873 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0873
6	6
7	7	SENATE BILL 873
8	8	E4 2lr1668
9	9	CF 2lr3026
10	10	By: Senators Waldstreicher and Smith
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Safety – Firearm Industry Members – Public Nuisance 2
19	19
20	20	FOR the purpose of prohibiting a certain firearm industry member from knowingly or 3
21	21	recklessly engaging in certain conduct in the State that endangers the safety or 4
22	22	health of the public; requiring a firearm industry member to establish and use 5
23	23	certain reasonable controls and procedures to prevent a certain product from being 6
24	24	possessed, used, marketed, or sold unlawfully in the State; establishing that a 7
25	25	violation of this Act is a public nuisance; authorizing the Attorney General to 8
26	26	investigate a violation or possible violation of this Act; authorizing certain parties to 9
27	27	bring a certain action against a firearm industry member under certain 10
28	28	circumstances; and generally relating to firearm industry members. 11
29	29
30	30	BY adding to 12
31	31	Article – Public Safety 13
32	32	Section 5–701 through 5–704 to be under the new subtitle “Subtitle 7. Firearm 14
33	33	Industry Members” 15
34	34	Annotated Code of Maryland 16
35	35	(2018 Replacement Volume and 2021 Supplement) 17
36	36
37	37	Preamble 18
38	38
39	39	WHEREAS, Since 2005, a federal law called the Protection of Lawful Commerce in 19
40	40	Arms Act (PLCAA) has shielded firearm manufacturers and dealers from being held liable 20
41	41	when crimes have been committed with their products; and 21
42	42
43	43	WHEREAS, PLCAA blocks litigation that could incentivize firearm manufacturers 22
44	44	to design their products more safely and compel firearm manufacturers to stop selling to 23
45	45	dealers who fuel the criminal market, have poor safety practices or training, or are not 24
46	46	willing to use basic security measures; and 25
47	47	2 SENATE BILL 873
48	48
49	49
50	50	WHEREAS, Firearm manufacturers received nearly two million pieces of data about 1
51	51	firearms recovered at crime scenes or in criminal investigations between 2010 and 2019; 2
52	52	however, with all of this information there is no incentive for the firearm manufacturers to 3
53	53	stop supplying dealers who cater to the criminal market because of PLCAA; and 4
54	54
55	55	WHEREAS, PLCAA shields firearm dealers who have taken few steps to secure their 5
56	56	premises when their guns are stolen and then used in a crime; and 6
57	57
58	58	WHEREAS, Since PLCAA was enacted, between 2006 and 2019, 484,000 Americans 7
59	59	have been killed with firearms and hundreds of thousands injured due to the illegal or 8
60	60	unreasonable sale, manufacture, distribution, importing, or marketing of firearms and the 9
61	61	firearm industry’s failure to implement reasonable safety measures; and 10
62	62
63	63	WHEREAS, Not only does the illegal use of firearms constitute a public nuisance, 11
64	64	but the effects of such a nuisance also contribute to the public health crisis of firearm 12
65	65	violence in Maryland; and 13
66	66
67	67	WHEREAS, The firearm industry should be held liable and accountable for the 14
68	68	public nuisance caused by the firearm violence; now, therefore, 15
69	69
70	70	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
71	71	That the Laws of Maryland read as follows: 17
72	72
73	73	Article – Public Safety 18
74	74
75	75	SUBTITLE 7. FIREARM INDUSTRY MEMBERS. 19
76	76
77	77	5–701. 20
78	78
79	79	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
80	80	INDICATED. 22
81	81
82	82	(B) (1) “DECEPTIVE ACT OR PRAC TICE” MEANS A MATERIAL 23
83	83	REPRESENTATION , OMISSION, ACT, OR PRACTICE THAT MISLEADS OR IS LIKEL Y TO 24
84	84	MISLEAD A REASONABLE CONSUMER UNDER THE TOTALITY OF THE 25
85	85	CIRCUMSTANCES . 26
86	86
87	87	(2) “DECEPTIVE ACT OR PRAC TICE” INCLUDES FALSE ADVER TISING. 27
88	88
89	89	(C) “FALSE ADVERTISING ” MEANS USING ANY ADVERTISEMENT , INCLUDING 28
90	90	A LABEL, THAT IS MISLEADING IN A M ATERIAL RESPECT . 29
91	91
92	92	(D) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN THE 30
93	93	SALE, MANUFACTURING , DISTRIBUTION, IMPORTING, OR MARKETING OF A 31
94	94	QUALIFIED PRODUCT . 32 SENATE BILL 873 3
95	95
96	96
97	97
98	98	(E) “QUALIFIED PRODUCT ” MEANS: 1
99	99
100	100	(1) A FIREARM, AS DEFINED IN 18 U.S.C. § 921(A)(3)(A) AND (B); 2
101	101
102	102	(2) AN ANTIQUE FIREARM , AS DEFINED IN 18 U.S.C. § 921(A)(16); 3
103	103
104	104	(3) AMMUNITION , AS DEFINED IN 18 U.S.C. § 921(A)(17)(A); OR 4
105	105
106	106	(4) A COMPONENT PART OF A FIREARM OR AMMUNIT ION. 5
107	107
108	108	(F) “REASONABLE CONTROLS A ND PROCEDURES ” MEANS POLICIES THAT 6
109	109	INCLUDE SCREENING AND SECURITY MEASURES TO: 7
110	110
111	111	(1) PREVENT THE THEFT OF A QUALIFIED PRODU CT BY OR SALE OF A 8
112	112	QUALIFIED PRODUCT TO: 9
113	113
114	114	(I) A STRAW PURCHASER ; 10
115	115
116	116	(II) A TRAFFICKER; 11
117	117
118	118	(III) A PERSON PROHIBITED FR OM POSSESSING A FIREARM 12
119	119	UNDER STATE OR FEDERAL LAW ; OR 13
120	120
121	121	(IV) A PERSON AT RISK OF INJURING THE PERSON OR OTHERS; 14
122	122	OR 15
123	123
124	124	(2) PREVENT DECEPTIVE ACTS OR PRACTICES. 16
125	125
126	126	5–702. 17
127	127
128	128	(A) A FIREARM INDUSTRY MEMBER MAY NOT KNOWINGLY OR RECKLESSLY 18
129	129	ENGAGE IN CONDUCT THAT : 19
130	130
131	131	(1) IS UNLAWFUL; OR 20
132	132
133	133	(2) UNDER THE TOTALITY OF THE CIRCUMSTANCES : 21
134	134
135	135	(I) IS UNREASONABLE ; AND 22
136	136
137	137	(II) CREATES, MAINTAINS, OR CONTRIBUTE S TO A CONDITION IN 23
138	138	THE STATE THAT ENDANGERS THE HEALTH AND SAFETY OF THE PUBLIC THROUG H 24 4 SENATE BILL 873
139	139
140	140
141	141	THE SALE, MANUFACTURING , IMPORTING, OR MARKETING OF A QU ALIFIED 1
142	142	PRODUCT. 2
143	143
144	144	(B) A FIREARM INDUSTRY MEMBER THAT MANUFACTURE S, MARKETS, 3
145	145	IMPORTS, OR OFFERS FOR WHOLESALE OR RET AIL SALE A QUALIFIED PRODUCT IN 4
146	146	THE STATE SHALL ESTABLISH AND USE REASONABLE CONTROL S AND PROCEDURES 5
147	147	TO PREVENT A QUALIFIED PRODUCT FR OM BEING POSSESSED , USED, MARKETED, OR 6
148	148	SOLD UNLAWFULLY IN T HE STATE. 7
149	149
150	150	5–703. 8
151	151
152	152	(A) A VIOLATION OF § 5–702 OF THIS SUBTITLE THA T RESULTS IN HARM TO 9
153	153	THE PUBLIC IS A PUBLIC NUISANCE . 10
154	154
155	155	(B) THE CONDUCT OF A FIREARM INDUSTR Y MEMBER UNDER § 11
156	156	5–702 OF THIS SUBTITLE SHALL CONSTITUTE A P ROXIMATE CAUSE OF TH E PUBLIC 12
157	157	NUISANCE IF THE ENDANGERMENT OF THE HEALTH AND SA FETY OF THE PUBLIC 13
158	158	WAS A REASONABL Y FORESEEABLE EFFECT O F THE CONDUCT , NOTWITHSTANDING 14
159	159	ANY INTERVENING ACTIONS , INCLUDING CRIMINAL A CTIONS BY THIRD PARTIES. 15
160	160
161	161	(C) INTENT TO CAUSE HARM TO THE PUBLIC BY A FIREARM INDUSTR Y 16
162	162	MEMBER IS NOT AN ELE MENT OF A VIOLATION OF THIS SUBTITLE. 17
163	163
164	164	5–704. 18
165	165
166	166	(A) IF THE ATTORNEY GENERAL SUSPECTS THAT A FIREARM INDUSTRY 19
167	167	MEMBER HAS VIOLATED OR WILL IMMINENTLY VIOLATE § 5–702 OF THIS SUBTITLE, 20
168	168	OR IF THE ATTORNEY GENERAL BELIEVES IT I S IN THE PUBLIC INTE REST THAT AN 21
169	169	INVESTIGATION SHOULD BE MADE TO ASCERTAIN WHETHER A FIREARM IN DUSTRY 22
170	170	MEMBER HAS VIOLATED OR WILL IMMINENTLY VIOLATE § 5–702 OF THIS SUBTITLE, 23
171	171	THE ATTORNEY GENERAL MAY: 24
172	172
173	173	(1) REQUIRE THE FIREARM INDUSTRY MEMBER TO F ILE A WRITTEN 25
174	174	STATEMENT OR REPORT UNDER OATH CONCERNING THE FACTS AND 26
175	175	CIRCUMSTANCES OF THE VIOLATION OR POS SIBLE VIOLATION AS THE ATTORNEY 27
176	176	GENERAL CONSIDERS NECESSARY; 28
177	177
178	178	(2) EXAMINE UNDER OATH THE FIREARM INDUSTRY MEMBER 29
179	179	CONCERNING THE VIOLATION OR POSSIBL E VIOLATION; 30
180	180
181	181	(3) EXAMINE ANY RECORD , OBJECT, BOOK, DOCUMENT , ACCOUNT, OR 31
182	182	PAPER RELATING TO THE VIOL ATION OR POSSIBLE VI OLATION AS THE ATTORNEY 32
183	183	GENERAL CONSIDERS NECESSARY; AND 33 SENATE BILL 873 5
184	184
185	185
186	186
187	187	(4) IN ACCORDANCE WITH A N ORDER OF THE COURT OF APPEALS, 1
188	188	IMPOUND AND RETAIN I N THE ATTORNEY GENERAL’S POSSESSION ANY REC ORD, 2
189	189	BOOK, DOCUMENT , ACCOUNT, OBJECT, OR PAPER THAT IS PRO DUCED UNDER THIS 3
190	190	SUBSECTION UNTIL THE COMPLETION OF ALL PROCEEDINGS I N CONNECTION WITH 4
191	191	THE IMPOUNDED ITEMS . 5
192	192
193	193	(B) (1) IF THE ATTORNEY GENERAL DETERMINES THAT THERE HAS BEEN 6
194	194	A VIOLATION UNDER THIS SUBTITLE, THE FOLLOWING PARTIE S MAY BRING AN 7
195	195	ACTION AGAINST THE FIREARM INDUSTRY MEMBER FOR INJUNCTIVE RELIE F OR TO 8
196	196	RECOVER FOR DAMAGES , OR BOTH, IN THE COURT OF APPEALS OR IN A FEDER AL 9
197	197	COURT SITTING IN THE STATE: 10
198	198
199	199	(I) THE ATTORNEY GENERAL ON BEHALF OF THE STATE; 11
200	200
201	201	(II) A CITY CORPORATION C OUNSEL ON BEHALF OF THE 12
202	202	LOCALITY; OR 13
203	203
204	204	(III) A PERSON THAT SUFFERED DAMAGE AS A RESULT OF THE 14
205	205	VIOLATION. 15
206	206
207	207	(2) THE COURT MAY AWARD COMP ENSATORY AND PUNITIV E 16
208	208	DAMAGES TO A PREVAIL ING PLAINTIFF UNDER THIS SUBSECTION . 17
209	209
210	210	(3) THE PREVAILING PARTY IN ANY SUCH PROCEEDI NG IS ENTITLED 18
211	211	TO AN AWARD FOR COUR T COSTS, REASONABLE ATTORNEY ’S FEES, AND ANY OTHER 19
212	212	RELIEF THE COURT CON SIDERS PROPER . 20
213	213
214	214	SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 21
215	215	the application thereof to any person or circumstance is held invalid for any reason in a 22
216	216	court of competent jurisdiction, the invalidity does not affect other provisions or any other 23
217	217	application of this Act that can be given effect without the invalid provision or application, 24
218	218	and for this purpose the provisions of this Act are declared severable. 25
219	219
220	220	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
221	221	1, 2022. 27