| Old | New | Differences | |
|---|---|---|---|
| 1 | - | WES MOORE, Governor Ch. 714 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 714 | |
| 5 | - | (House Bill 947) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | *hb0947* | |
| 8 | 9 | ||
| 9 | - | Civil Actions – Public Nuisances – Firearm Industry Members | |
| 10 | - | (Gun Industry Accountability Act of 2024) | |
| 10 | + | HOUSE BILL 947 | |
| 11 | + | D3 4lr2974 | |
| 12 | + | HB 259/23 – JUD CF SB 488 | |
| 13 | + | By: Delegates Phillips, Atterbeary, Amprey , Bartlett, Crutchfield, Embry, | |
| 14 | + | Kaufman, Roberson, Simmons, Taylor, Toles, White Holland, Williams, and | |
| 15 | + | Woods Woods, Conaway, and Moon | |
| 16 | + | Introduced and read first time: February 2, 2024 | |
| 17 | + | Assigned to: Judiciary | |
| 18 | + | Committee Report: Favorable with amendments | |
| 19 | + | House action: Adopted | |
| 20 | + | Read second time: March 23, 2024 | |
| 11 | 21 | ||
| 12 | - | FOR the purpose of prohibiting certain firearm industry members from knowingly creating, | |
| 13 | - | maintaining, or contributing to harm to the public through the sale, manufacture, | |
| 14 | - | importation, or marketing of a firearm–related product under certain circumstances; | |
| 15 | - | requiring a firearm industry member to establish and implement certain reasonable | |
| 16 | - | controls regarding the sale, manufacture, importation, distribution, marketing, | |
| 17 | - | possession, and use of certain firearm–related products; establishing that a violation | |
| 18 | - | of this Act is a public nuisance; authorizing the Attorney General or certain persons, | |
| 19 | - | a county attorney, or the Baltimore City Solicitor to bring an action against a firearm | |
| 20 | - | industry member for violations under this Act; requiring that the Attorney General | |
| 21 | - | study the legality and feasibility of a certain statutory requirement; and generally | |
| 22 | - | relating to civil actions against firearm industry members. | |
| 22 | + | CHAPTER ______ | |
| 23 | 23 | ||
| 24 | - | BY adding to | |
| 25 | - | Article – Courts and Judicial Proceedings | |
| 26 | - | Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil | |
| 27 | - | Actions for Public Nuisance Against Firearm Industry Members” | |
| 28 | - | Annotated Code of Maryland | |
| 29 | - | (2020 Replacement Volume and 2023 Supplement) | |
| 24 | + | AN ACT concerning 1 | |
| 30 | 25 | ||
| 31 | - | ||
| 32 | - | ||
| 26 | + | Civil Actions – Public Nuisances – Firearm Industry Members 2 | |
| 27 | + | (Gun Industry Accountability Act of 2024) 3 | |
| 33 | 28 | ||
| 34 | - | Article – Courts and Judicial Proceedings | |
| 29 | + | FOR the purpose of prohibiting certain firearm industry members from knowingly creating, 4 | |
| 30 | + | maintaining, or contributing to harm to the public through the sale, manufacture, 5 | |
| 31 | + | importation, or marketing of a firearm–related product under certain circumstances; 6 | |
| 32 | + | requiring a firearm industry member to establish and implement certain reasonable 7 | |
| 33 | + | controls regarding the sale, manufacture, importation, distribution, marketing, 8 | |
| 34 | + | possession, and use of certain firearm–related products; establishing that a violation 9 | |
| 35 | + | of this Act is a public nuisance; authorizing the Attorney General or certain persons, 10 | |
| 36 | + | a county attorney, or the Baltimore City Solicitor to bring an action against a firearm 11 | |
| 37 | + | industry member for violations under this Act; requiring that the Attorney General 12 | |
| 38 | + | study the legality and feasibility of a certain statutory requirement; and generally 13 | |
| 39 | + | relating to civil actions against firearm industry members. 14 | |
| 35 | 40 | ||
| 36 | - | SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM | |
| 37 | - | INDUSTRY MEMBERS. | |
| 41 | + | BY adding to 15 | |
| 42 | + | Article – Courts and Judicial Proceedings 16 | |
| 43 | + | Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil 17 | |
| 44 | + | Actions for Public Nuisance Against Firearm Industry Members” 18 | |
| 45 | + | Annotated Code of Maryland 19 | |
| 46 | + | (2020 Replacement Volume and 2023 Supplement) 20 | |
| 47 | + | 2 HOUSE BILL 947 | |
| 38 | 48 | ||
| 39 | - | 3–2301. | |
| 40 | 49 | ||
| 41 | - | | |
| 42 | - | ||
| 50 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 51 | + | That the Laws of Maryland read as follows: 2 | |
| 43 | 52 | ||
| 44 | - | (B) (1) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC | |
| 45 | - | SAFETY ARTICLE. | |
| 53 | + | Article – Courts and Judicial Proceedings 3 | |
| 46 | 54 | ||
| 47 | - | ||
| 48 | - | ||
| 55 | + | SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 4 | |
| 56 | + | INDUSTRY MEMBERS. 5 | |
| 49 | 57 | ||
| 50 | - | – | |
| 58 | + | 3–2301. 6 | |
| 51 | 59 | ||
| 52 | - | (C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED | |
| 53 | - | OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTION | |
| 54 | - | WITH A FIREARM . | |
| 60 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7 | |
| 61 | + | INDICATED. 8 | |
| 55 | 62 | ||
| 56 | - | (D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN | |
| 57 | - | THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A | |
| 58 | - | FIREARM–RELATED PRODUCT . | |
| 63 | + | (B) (1) “FIREARM” HAS THE MEANING STATED IN § 5–101 OF THE PUBLIC 9 | |
| 64 | + | SAFETY ARTICLE. 10 | |
| 59 | 65 | ||
| 60 | - | (E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , | |
| 61 | - | AMMUNITION , A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY | |
| 62 | - | THAT IS: | |
| 66 | + | (2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 11 | |
| 67 | + | 4–201 OF THE CRIMINAL LAW ARTICLE. 12 | |
| 63 | 68 | ||
| 64 | - | (1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE | |
| 65 | - | STATE; OR | |
| 69 | + | (C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED 13 | |
| 70 | + | OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTI ON 14 | |
| 71 | + | WITH A FIREARM . 15 | |
| 66 | 72 | ||
| 67 | - | (2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR | |
| 68 | - | MARKETED IN THE STATE; OR | |
| 73 | + | (D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN 16 | |
| 74 | + | THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 17 | |
| 75 | + | FIREARM–RELATED PRODUCT . 18 | |
| 69 | 76 | ||
| 70 | - | (3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORES EEABLE | |
| 71 | - | THAT POSSESSION WOUL D OCCUR IN THE STATE. | |
| 77 | + | (E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , 19 | |
| 78 | + | AMMUNITIO N, A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY 20 | |
| 79 | + | THAT IS: 21 | |
| 72 | 80 | ||
| 73 | - | (F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, | |
| 74 | - | TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE | |
| 75 | - | PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR | |
| 76 | - | FEDERAL LAW . | |
| 81 | + | (1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 22 | |
| 82 | + | STATE; OR 23 | |
| 77 | 83 | ||
| 78 | - | ( | |
| 79 | - | ||
| 84 | + | (2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 24 | |
| 85 | + | MARKETED IN THE STATE; OR 25 | |
| 80 | 86 | ||
| 81 | - | ( | |
| 82 | - | ||
| 87 | + | (3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FO RESEEABLE 26 | |
| 88 | + | THAT POSSESSION WOUL D OCCUR IN THE STATE. 27 | |
| 83 | 89 | ||
| 84 | - | (I) A STRAW PURCHASER ; | |
| 90 | + | (F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 28 | |
| 91 | + | TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 29 | |
| 92 | + | PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 30 | |
| 93 | + | FEDERAL LAW . 31 | |
| 94 | + | HOUSE BILL 947 3 | |
| 85 | 95 | ||
| 86 | - | (II) A FIREARM TRAFFICKER ; | |
| 87 | 96 | ||
| 88 | - | ( | |
| 89 | - | ||
| 97 | + | (G) (F) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE 1 | |
| 98 | + | DESIGNED: 2 | |
| 90 | 99 | ||
| 91 | - | (IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS | |
| 92 | - | REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED | |
| 93 | - | PRODUCT: | |
| 94 | - | WES MOORE, Governor Ch. 714 | |
| 100 | + | (1) TO PREVENT THE SALE O R DISTRIBUTION OF A 3 | |
| 101 | + | FIREARM–RELATED PRODUCT TO : 4 | |
| 95 | 102 | ||
| 96 | - | – 3 – | |
| 97 | - | 1. TO COMMIT A CRIME ; OR | |
| 103 | + | (I) A STRAW PURCHASER ; 5 | |
| 98 | 104 | ||
| 99 | - | 2. TO CAUSE HARM TO THE PERSON OR ANOTHER | |
| 100 | - | PERSON; | |
| 105 | + | (II) A FIREARM TRAFFICKER ; 6 | |
| 101 | 106 | ||
| 102 | - | ( | |
| 103 | - | ||
| 107 | + | (III) A PERSON PROHIBITED FROM POSSESSING A FI REARM 7 | |
| 108 | + | UNDER STATE OR FEDERAL LAW ; AND 8 | |
| 104 | 109 | ||
| 105 | - | (3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES | |
| 106 | - | WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE | |
| 107 | - | PROMOTE THE UNLAWFUL SALE , MANUFACTURE , ALTERATION, IMPORTATION , | |
| 108 | - | MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . | |
| 110 | + | (IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 9 | |
| 111 | + | REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 10 | |
| 112 | + | PRODUCT: 11 | |
| 109 | 113 | ||
| 110 | - | (H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR | |
| 111 | - | ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE | |
| 112 | - | PUBLIC SAFETY ARTICLE. | |
| 114 | + | 1. TO COMMIT A CRIME ; OR 12 | |
| 113 | 115 | ||
| 114 | - | 3–2302. | |
| 116 | + | 2. TO CAUSE HARM TO THE PERSON OR ANO THER 13 | |
| 117 | + | PERSON; 14 | |
| 115 | 118 | ||
| 116 | - | (A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, | |
| 117 | - | MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , | |
| 118 | - | MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A | |
| 119 | - | FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: | |
| 119 | + | (2) TO PREVENT THE LOSS O R THEFT OF A FIREARM –RELATED 15 | |
| 120 | + | PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 16 | |
| 120 | 121 | ||
| 121 | - | (1) UNLAWFUL; OR | |
| 122 | + | (3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 17 | |
| 123 | + | WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 18 | |
| 124 | + | PROMOTE THE UNL AWFUL SALE , MANUFACTURE , ALTERATION, IMPORTATION , 19 | |
| 125 | + | MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 20 | |
| 122 | 126 | ||
| 123 | - | (2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . | |
| 127 | + | (H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR 21 | |
| 128 | + | ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE 22 | |
| 129 | + | PUBLIC SAFETY ARTICLE. 23 | |
| 124 | 130 | ||
| 125 | - | (B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT | |
| 126 | - | REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, | |
| 127 | - | IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREARM INDUSTRY | |
| 128 | - | MEMBER’S FIREARM–RELATED PRODUCTS . | |
| 131 | + | 3–2302. 24 | |
| 129 | 132 | ||
| 130 | - | (C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. | |
| 133 | + | (A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 25 | |
| 134 | + | MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , 26 | |
| 135 | + | MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 27 | |
| 136 | + | FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 28 | |
| 131 | 137 | ||
| 132 | - | ||
| 138 | + | (1) UNLAWFUL; OR 29 | |
| 133 | 139 | ||
| 134 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE | |
| 135 | - | ATTORNEY GENERAL, A COUNTY ATTORNEY , OR THE BALTIMORE CITY SOLICITOR | |
| 136 | - | MAY BRING AN ACTION AGAINST A FIREARM INDUSTRY MEM BER FOR A PUBLIC | |
| 137 | - | NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS SUBTITLE. | |
| 138 | - | Ch. 714 2024 LAWS OF MARYLAN D | |
| 140 | + | (2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 30 4 HOUSE BILL 947 | |
| 139 | 141 | ||
| 140 | - | – 4 – | |
| 141 | - | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE | |
| 142 | - | ATTORNEY GENERAL, COUNTY ATTORNEY , OR BALTIMORE CITY SOLICITOR MAY | |
| 143 | - | SEEK: | |
| 144 | 142 | ||
| 145 | - | (I) INJUNCTIVE RELIEF ; | |
| 146 | 143 | ||
| 147 | - | (II) RESTITUTION; | |
| 144 | + | (B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 1 | |
| 145 | + | REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, 2 | |
| 146 | + | IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREARM INDUSTRY 3 | |
| 147 | + | MEMBER’S FIREARM–RELATED PRODUCTS . 4 | |
| 148 | 148 | ||
| 149 | - | ( | |
| 149 | + | (C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 5 | |
| 150 | 150 | ||
| 151 | - | ||
| 151 | + | 3–2303. 6 | |
| 152 | 152 | ||
| 153 | - | (V) ANY OTHER APPROPRIATE RELIEF. | |
| 153 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 7 | |
| 154 | + | ATTORNEY GENERAL, A COUNTY ATTORNEY , OR THE BALTIMORE CITY SOLICITOR 8 | |
| 155 | + | MAY BRING A N ACTION AGAINST A F IREARM INDUSTRY MEMB ER FOR A PUBLIC 9 | |
| 156 | + | NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS SUBTITLE. 10 | |
| 154 | 157 | ||
| 155 | - | ( | |
| 156 | - | ||
| 157 | - | ||
| 158 | + | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 11 | |
| 159 | + | ATTORNEY GENERAL, COUNTY ATTORNEY , OR BALTIMORE CITY SOLICITOR MAY 12 | |
| 160 | + | SEEK: 13 | |
| 158 | 161 | ||
| 159 | - | (2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY | |
| 160 | - | SEEK AND BE AWARDED : | |
| 162 | + | (I) INJUNCTIVE RELIEF ; 14 | |
| 161 | 163 | ||
| 162 | - | ( | |
| 164 | + | (II) RESTITUTION; 15 | |
| 163 | 165 | ||
| 164 | - | ( | |
| 166 | + | (III) COMPENSATORY AND PUNI TIVE DAMAGES ; 16 | |
| 165 | 167 | ||
| 166 | - | ( | |
| 168 | + | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND 17 | |
| 167 | 169 | ||
| 168 | - | ( | |
| 170 | + | (V) ANY OTHER APPROPRIATE RELIEF. 18 | |
| 169 | 171 | ||
| 170 | - | (3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION | |
| 171 | - | SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: | |
| 172 | + | (B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 19 | |
| 173 | + | FIREARM INDUSTRY MEM BER FOR INJURY OR LOSS S USTAINED AS A RESULT OF A 20 | |
| 174 | + | VIOLATION OF § 3–2302 OF THIS SUBTITLE. 21 | |
| 172 | 175 | ||
| 173 | - | ( | |
| 174 | - | ||
| 176 | + | (2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY 22 | |
| 177 | + | SEEK AND BE AWARDED : 23 | |
| 175 | 178 | ||
| 176 | - | (II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE | |
| 177 | - | COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E | |
| 178 | - | COMPLAINT. | |
| 179 | + | (I) INJUNCTIVE RELIEF ; 24 | |
| 179 | 180 | ||
| 180 | - | (C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT | |
| 181 | - | REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT | |
| 182 | - | TO VIOLATE THIS SUBTITL E. | |
| 181 | + | (II) COMPENSATORY DAMAGES ; 25 | |
| 183 | 182 | ||
| 184 | - | ||
| 183 | + | (III) PUNITIVE DAMAGES ; AND 26 | |
| 185 | 184 | ||
| 186 | - | – 5 – | |
| 185 | + | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 27 | |
| 186 | + | HOUSE BILL 947 5 | |
| 187 | 187 | ||
| 188 | - | NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: | |
| 189 | 188 | ||
| 190 | - | (1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR | |
| 189 | + | (3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 1 | |
| 190 | + | SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 2 | |
| 191 | 191 | ||
| 192 | - | ( | |
| 193 | - | ||
| 192 | + | (I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 3 | |
| 193 | + | BROUGHT THE ACTION ; AND 4 | |
| 194 | 194 | ||
| 195 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or | |
| 196 | - | the application thereof to any person or circumstance is held invalid for any reason in a | |
| 197 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other | |
| 198 | - | application of this Act that can be given effect without the invalid provision or application, | |
| 199 | - | and for this purpose the provisions of this Act are declared severable. | |
| 195 | + | (II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 5 | |
| 196 | + | COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 6 | |
| 197 | + | COMPLAINT. 7 | |
| 200 | 198 | ||
| 201 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: | |
| 199 | + | (C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT 8 | |
| 200 | + | REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT 9 | |
| 201 | + | TO VIOLATE THIS SUBTITLE. 10 | |
| 202 | 202 | ||
| 203 | - | (a) The Attorney General, in consultation with the Department of State Police, | |
| 204 | - | shall study and make recommendations regarding the legality and feasibility of a statutory | |
| 205 | - | requirement that would compel licensed firearm dealers within the State to provide records | |
| 206 | - | of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and | |
| 207 | - | Explosives to the Attorney General. | |
| 203 | + | 3–2304. 11 | |
| 208 | 204 | ||
| 209 | - | | |
| 205 | + | NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 12 | |
| 210 | 206 | ||
| 211 | - | (c) On or before June 30, 2025, the Attorney General shall report to the General | |
| 212 | - | Assembly, in accordance with § 2–1257 of the State Government Article, on its | |
| 213 | - | recommendations and findings. | |
| 207 | + | (1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR 13 | |
| 214 | 208 | ||
| 215 | - | | |
| 216 | - | ||
| 209 | + | (2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 14 | |
| 210 | + | FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 15 | |
| 217 | 211 | ||
| 218 | - | Approved by the Governor, May 16, 2024. | |
| 212 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 16 | |
| 213 | + | the application thereof to any person or circumstance is held invalid for any reason in a 17 | |
| 214 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 18 | |
| 215 | + | application of this Act that can be given effect without the invalid provision or application, 19 | |
| 216 | + | and for this purpose the provisions of this Act are declared severable. 20 | |
| 217 | + | ||
| 218 | + | SECTION 3. AND BE IT FURTHER ENACTED, That: 21 | |
| 219 | + | ||
| 220 | + | (a) The Attorney General, in consultation with the Department of State Police, 22 | |
| 221 | + | shall study and make recommendations regarding the legality and feasibility of a statutory 23 | |
| 222 | + | requirement that would compel licensed firearm dealers within the State to provide records 24 | |
| 223 | + | of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and 25 | |
| 224 | + | Explosives to the Attorney General. 26 | |
| 225 | + | ||
| 226 | + | (b) The Attorney General shall provide staff for the study. 27 | |
| 227 | + | ||
| 228 | + | (c) On or before June 30, 2025, the Attorney General shall report to the General 28 | |
| 229 | + | Assembly, in accordance with § 2–1257 of the State Government Article, on its 29 | |
| 230 | + | recommendations and findings. 30 | |
| 231 | + | ||
| 232 | + | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
| 233 | + | June 1, 2024. 32 | |
| 234 | + |