EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0259*
HOUSE BILL 259
D3 3lr1259
HB 1396/22 – JUD CF SB 113
By: Delegates Atterbeary and Rosenberg
Introduced and read first time: January 25, 2023
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Public Nuisances – Firearm Industry Members 2
(Gun Industry Accountability Act of 2023) 3
FOR the purpose of prohibiting certain firearm industry members from knowingly or 4
recklessly creating, maintaining, or contributing to harm to the public through the 5
sale, manufacture, importation, or marketing of a firearm–related product under 6
certain circumstances; requiring a firearm industry member to establish and 7
implement certain reasonable controls regarding the sale, manufacture, importation, 8
distribution, marketing, possession, and use of certain firearm–related products; 9
establishing that a violation of this Act is a public nuisance; authorizing the Attorney 10
General or certain persons to bring an action against a firearm industry member for 11
violations under this Act; and generally relating to civil actions against firearm 12
industry members. 13
BY adding to 14
Article – Courts and Judicial Proceedings 15
Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil 16
Actions for Public Nuisance Against Firearm Industry Members” 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Courts and Judicial Proceedings 22
SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 23
INDUSTRY MEMBERS. 24
3–2301. 25 2 HOUSE BILL 259
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) (1) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC 3
SAFETY ARTICLE. 4
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 5
4–201 OF THE CRIMINAL LAW ARTICLE. 6
(C) “FIREARM ACCESSORY ” MEANS AN ITEM THAT I S SOLD, 7
MANUFACTURED , DISTRIBUTED, IMPORTED, OR MARKETED TO BE ATTAC HED TO A 8
FIREARM. 9
(D) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN THE 10
SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 11
FIREARM–RELATED PRODUCT . 12
(E) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , AMMUNITION , A 13
COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY THAT IS: 14
(1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 15
STATE; 16
(2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 17
MARKETED IN THE STATE; OR 18
(3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORESEEAB LE 19
THAT POSSESSION WOUL D OCCUR IN THE STATE. 20
(F) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 21
TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 22
PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 23
FEDERAL LAW . 24
(G) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE DESIGNED : 25
(1) TO PREVENT THE SALE O R DISTRIBUTION OF A 26
FIREARM–RELATED PRODUCT TO : 27
(I) A STRAW PURCHASER ; 28
(II) A FIREARM TRAFFICKER ; 29 HOUSE BILL 259 3
(III) A PERSON PROHIBITED FR OM POSSESSING A FIREARM 1
UNDER STATE OR FEDERAL LAW ; AND 2
(IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 3
REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 4
PRODUCT: 5
1. TO COMMIT A CRIME ; OR 6
2. TO CAUSE HARM TO THE PERSON OR ANOTHER 7
PERSON; 8
(2) TO PREVENT THE LOSS O R THEFT OF A FIREARM –RELATED 9
PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 10
(3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 11
WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 12
PROMOTE THE UNLAWFUL SALE, MANUFACTURE, IMPORTATION , MARKETING, 13
POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 14
(H) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR ATTEMPTS 15
TO ENGAGE IN A STRAW PURCHASE AS DEFINED IN § 5–101 OF THE PUBLIC SAFETY 16
ARTICLE. 17
3–2302. 18
(A) A FIREARM IND USTRY MEMBER MAY NOT KNOWINGLY OR RECKLES SLY 19
CREATE, MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE, 20
MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 21
FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 22
(1) UNLAWFUL; OR 23
(2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 24
(B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 25
REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, 26
IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREA RM INDUSTRY 27
MEMBER’S FIREARM–RELATED PRODUCTS . 28
(C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 29
4 HOUSE BILL 259
(D) NOTWITHSTANDING ANY I NTERVENING ACTIONS , INCLUDING A 1
CRIMINAL ACTION BY A THIRD PARTY , THE CONDUCT OF A FIR EARM INDUSTRY 2
MEMBER IS A PROXIMAT E CAUSE OF HARM TO T HE PUBLIC IF THE HAR M IS A 3
REASONABLY FORESEEAB LE EFFECT OF THE CON DUCT. 4
3–2303. 5
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 6
ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A FIR EARM INDUSTRY 7
MEMBER FOR A PUBLIC NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS 8
SUBTITLE. 9
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 10
ATTORNEY GENERAL MAY SEEK : 11
(I) INJUNCTIVE RELIEF ; 12
(II) RESTITUTION; 13
(III) COMPENSATORY AND PUNI TIVE DAMAGES ; 14
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 15
(V) ANY OTHER APPROPRIATE RELIEF. 16
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 17
FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 18
VIOLATION OF § 3–2302 OF THIS SUBTITLE. 19
(2) A PERSON WHO BRINGS AN ACTION UNDER THI S SUBSECTION MAY 20
SEEK AND BE AWARDED : 21
(I) INJUNCTIVE RELIEF ; 22
(II) COMPENSATORY DAMAGES ; 23
(III) PUNITIVE DAMAGES ; AND 24
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 25
(3) (I) A PERSON WHO BRINGS AN ACTION UNDER THIS 26
SUBSECTION SHALL NOT IFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 27
BROUGHT THE ACTION W ITHIN 5 DAYS AFTER FILING TH E COMPLAINT. 28 HOUSE BILL 259 5
(II) THE PERSON SHALL PROV IDE THE ATTORNEY GENERAL 1
WITH A COPY OF THE C OMPLAINT AND ANY OTH ER DOCUMENTS OR PLEA DINGS 2
FILED WITH THE COMPL AINT. 3
(C) A PARTY SEEKING RELIEF UN DER THIS SECTION IS NOT REQUIRED TO 4
PROVE THAT A FIREARM INDUSTRY MEMBER ACTE D WITH THE INTENT TO VIOLATE 5
THIS SUBTITLE. 6
3–2304. 7
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 8
(1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR 9
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 10
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 11
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 12
the application thereof to any person or circumstance is held invalid for any reason in a 13
court of competent jurisdiction, the invalidity does not affect other provisions or any other 14
application of this Act that can be given effect without the invalid provision or application, 15
and for this purpose the provisions of this Act are declared severable. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 17
1, 2023. 18