EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0947*
HOUSE BILL 947
D3 4lr2974
HB 259/23 – JUD CF SB 488
By: Delegates Phillips, Atterbeary, Amprey , Bartlett, Crutchfield, Embry,
Kaufman, Roberson, Simmons, Taylor, Toles, White Holland, Williams, and
Woods Woods, Conaway, and Moon
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 23, 2024
CHAPTER ______
AN ACT concerning 1
Civil Actions – Public Nuisances – Firearm Industry Members 2
(Gun Industry Accountability Act of 2024) 3
FOR the purpose of prohibiting certain firearm industry members from knowingly creating, 4
maintaining, or contributing to harm to the public through the sale, manufacture, 5
importation, or marketing of a firearm–related product under certain circumstances; 6
requiring a firearm industry member to establish and implement certain reasonable 7
controls regarding the sale, manufacture, importation, distribution, marketing, 8
possession, and use of certain firearm–related products; establishing that a violation 9
of this Act is a public nuisance; authorizing the Attorney General or certain persons, 10
a county attorney, or the Baltimore City Solicitor to bring an action against a firearm 11
industry member for violations under this Act; requiring that the Attorney General 12
study the legality and feasibility of a certain statutory requirement; and generally 13
relating to civil actions against firearm industry members. 14
BY adding to 15
Article – Courts and Judicial Proceedings 16
Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil 17
Actions for Public Nuisance Against Firearm Industry Members” 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
2 HOUSE BILL 947
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 4
INDUSTRY MEMBERS. 5
3–2301. 6
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) (1) “FIREARM” HAS THE MEANING STATED IN § 5–101 OF THE PUBLIC 9
SAFETY ARTICLE. 10
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 11
4–201 OF THE CRIMINAL LAW ARTICLE. 12
(C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED 13
OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTI ON 14
WITH A FIREARM . 15
(D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN 16
THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 17
FIREARM–RELATED PRODUCT . 18
(E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , 19
AMMUNITIO N, A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY 20
THAT IS: 21
(1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 22
STATE; OR 23
(2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 24
MARKETED IN THE STATE; OR 25
(3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FO RESEEABLE 26
THAT POSSESSION WOUL D OCCUR IN THE STATE. 27
(F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 28
TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 29
PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 30
FEDERAL LAW . 31
HOUSE BILL 947 3
(G) (F) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE 1
DESIGNED: 2
(1) TO PREVENT THE SALE O R DISTRIBUTION OF A 3
FIREARM–RELATED PRODUCT TO : 4
(I) A STRAW PURCHASER ; 5
(II) A FIREARM TRAFFICKER ; 6
(III) A PERSON PROHIBITED FROM POSSESSING A FI REARM 7
UNDER STATE OR FEDERAL LAW ; AND 8
(IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 9
REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 10
PRODUCT: 11
1. TO COMMIT A CRIME ; OR 12
2. TO CAUSE HARM TO THE PERSON OR ANO THER 13
PERSON; 14
(2) TO PREVENT THE LOSS O R THEFT OF A FIREARM –RELATED 15
PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 16
(3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 17
WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 18
PROMOTE THE UNL AWFUL SALE , MANUFACTURE , ALTERATION, IMPORTATION , 19
MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 20
(H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR 21
ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE 22
PUBLIC SAFETY ARTICLE. 23
3–2302. 24
(A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 25
MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , 26
MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 27
FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 28
(1) UNLAWFUL; OR 29
(2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 30 4 HOUSE BILL 947
(B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 1
REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, 2
IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREARM INDUSTRY 3
MEMBER’S FIREARM–RELATED PRODUCTS . 4
(C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 5
3–2303. 6
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 7
ATTORNEY GENERAL, A COUNTY ATTORNEY , OR THE BALTIMORE CITY SOLICITOR 8
MAY BRING A N ACTION AGAINST A F IREARM INDUSTRY MEMB ER FOR A PUBLIC 9
NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS SUBTITLE. 10
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 11
ATTORNEY GENERAL, COUNTY ATTORNEY , OR BALTIMORE CITY SOLICITOR MAY 12
SEEK: 13
(I) INJUNCTIVE RELIEF ; 14
(II) RESTITUTION; 15
(III) COMPENSATORY AND PUNI TIVE DAMAGES ; 16
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 17
(V) ANY OTHER APPROPRIATE RELIEF. 18
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 19
FIREARM INDUSTRY MEM BER FOR INJURY OR LOSS S USTAINED AS A RESULT OF A 20
VIOLATION OF § 3–2302 OF THIS SUBTITLE. 21
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY 22
SEEK AND BE AWARDED : 23
(I) INJUNCTIVE RELIEF ; 24
(II) COMPENSATORY DAMAGES ; 25
(III) PUNITIVE DAMAGES ; AND 26
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 27
HOUSE BILL 947 5
(3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 1
SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 2
(I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 3
BROUGHT THE ACTION ; AND 4
(II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 5
COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 6
COMPLAINT. 7
(C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT 8
REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT 9
TO VIOLATE THIS SUBTITLE. 10
3–2304. 11
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 12
(1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR 13
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 14
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 15
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 16
the application thereof to any person or circumstance is held invalid for any reason in a 17
court of competent jurisdiction, the invalidity does not affect other provisions or any other 18
application of this Act that can be given effect without the invalid provision or application, 19
and for this purpose the provisions of this Act are declared severable. 20
SECTION 3. AND BE IT FURTHER ENACTED, That: 21
(a) The Attorney General, in consultation with the Department of State Police, 22
shall study and make recommendations regarding the legality and feasibility of a statutory 23
requirement that would compel licensed firearm dealers within the State to provide records 24
of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and 25
Explosives to the Attorney General. 26
(b) The Attorney General shall provide staff for the study. 27
(c) On or before June 30, 2025, the Attorney General shall report to the General 28
Assembly, in accordance with § 2–1257 of the State Government Article, on its 29
recommendations and findings. 30
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
June 1, 2024. 32