EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0113*
SENATE BILL 113
D3 3lr0332
(PRE–FILED) CF 3lr1259
By: Senators Waldstreicher and Lee
Requested: August 16, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
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
2 SENATE BILL 113
3–2301. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) (1) “FIREARM” HAS THE MEANING STATED IN § 5–101 OF THE PUBLIC 4
SAFETY ARTICLE. 5
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 6
4–201 OF THE CRIMINAL LAW ARTICLE. 7
(C) “FIREARM ACCESSORY ” MEANS AN ITEM THAT I S SOLD, 8
MANUFACTURED , DISTRIBUTED, IMPORTED, OR MARKETED TO BE AT TACHED TO A 9
FIREARM. 10
(D) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN THE 11
SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 12
FIREARM–RELATED PRODUCT. 13
(E) “FIREARM–RELATED PRODUCT” MEANS A FIREARM, AMMUNITION , A 14
COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSORY THAT IS: 15
(1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 16
STATE; 17
(2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 18
MARKETED IN THE STATE; OR 19
(3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORESEEABLE 20
THAT POSSESSION WOULD OCC UR IN THE STATE. 21
(F) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 22
TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 23
PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 24
FEDERAL LAW . 25
(G) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE DESIGNED: 26
(1) TO PREVENT THE SALE OR DISTRIBU TION OF A 27
FIREARM–RELATED PRODUCT TO : 28
(I) A STRAW PURCHASER ; 29
SENATE BILL 113 3
(II) A FIREARM TRAFFICKER ; 1
(III) A PERSON PROHIBITED FROM POSSESSING A FIREARM 2
UNDER STATE OR FEDERAL LAW ; AND 3
(IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 4
REASONABLE CAUSE TO BELIEVE INTENDS TO USE THE F IREARM–RELATED 5
PRODUCT: 6
1. TO COMMIT A CRIME ; OR 7
2. TO CAUSE HARM TO THE PERSON OR ANOTHER 8
PERSON; 9
(2) TO PREVENT THE LOSS OR T HEFT OF A FIREARM –RELATED 10
PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 11
(3) TO ENSURE THAT THE FIREARM INDUSTRY MEM BER COMPLIES 12
WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 13
PROMOTE THE UNLAWFUL SALE, MANUFACTURE , IMPORTATION , MARKETING, 14
POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 15
(H) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR ATTEMPTS 16
TO ENGAGE IN A STRAW PURCHASE AS DEFINED IN § 5–101 OF THE PUBLIC SAFETY 17
ARTICLE. 18
3–2302. 19
(A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y OR RECKLESSLY 20
CREATE, MAINTAIN, OR CONTRIBUTE TO HARM TO THE PUBLIC THROUGH THE SALE , 21
MANUFACTUR E, DISTRIBUTION, IMPORTATION , OR MARKETING OF A 22
FIREARM–RELATED PRODUCT BY ENGAGING IN CONDUCT THAT IS: 23
(1) UNLAWFUL; OR 24
(2) UNREASONABLE UNDER THE TOTALITY O F THE CIRCUMSTANCES . 25
(B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 26
REASONABLE CONTROLS REGARDING THE SALE, MANUFACTURE , DISTRIBUTION, 27
IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREARM INDUSTRY 28
MEMBER’S FIREARM–RELATED PRODUCTS . 29
(C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 30 4 SENATE BILL 113
(D) NOTWITHSTANDING ANY I NTERVENING ACTIONS , INCLUDING A 1
CRIMINAL ACTION BY A THIRD PARTY , THE CONDUCT OF A FIREARM INDUSTR Y 2
MEMBER IS A PROXIMATE CAUSE OF HARM TO THE PUBLIC IF THE HARM 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 FIREARM IN DUSTRY 7
MEMBER FOR A PUBLIC NUISANCE CAUS ED 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 AGAINST A 17
FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RESULT OF A 18
VIOLATION OF § 3–2302 OF THIS SUBTITLE. 19
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 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
SENATE BILL 113 5
(3) (I) A PERSON WHO BRINGS AN ACTION UNDER THIS 1
SUBSECTION SHALL NOT IFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 2
BROUGHT THE ACTION W ITHIN 5 DAYS AFTER FILING TH E COMPLAINT. 3
(II) THE PERSON SHALL PROV IDE THE ATTORNEY GENERAL 4
WITH A COPY OF THE C OMPLAINT AND ANY OTHER DOCUMENTS OR PLEADINGS 5
FILED WITH THE COMPL AINT. 6
(C) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT REQUIRED TO 7
PROVE THAT A FIREARM INDUSTRY MEMBER ACTE D WITH THE INTENT TO VIOLATE 8
THIS SUBTITLE. 9
3–2304. 10
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 11
(1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR 12
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 13
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 14
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 15
the application thereof to any person or circumstance is held invalid for any reason in a 16
court of competent jurisdiction, the invalidity does not affect other provisions or any other 17
application of this Act that can be given effect without the invalid provision or application, 18
and for this purpose the provisions of this Act are declared severable. 19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
1, 2023. 21