WES MOORE, Governor Ch. 714
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Chapter 714
(House Bill 947)
AN ACT concerning
Civil Actions – Public Nuisances – Firearm Industry Members
(Gun Industry Accountability Act of 2024)
FOR the purpose of prohibiting certain firearm industry members from knowingly creating,
maintaining, or contributing to harm to the public through the sale, manufacture,
importation, or marketing of a firearm–related product under certain circumstances;
requiring a firearm industry member to establish and implement certain reasonable
controls regarding the sale, manufacture, importation, distribution, marketing,
possession, and use of certain firearm–related products; establishing that a violation
of this Act is a public nuisance; authorizing the Attorney General or certain persons,
a county attorney, or the Baltimore City Solicitor to bring an action against a firearm
industry member for violations under this Act; requiring that the Attorney General
study the legality and feasibility of a certain statutory requirement; and generally
relating to civil actions against firearm industry members.
BY adding to
Article – Courts and Judicial Proceedings
Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil
Actions for Public Nuisance Against Firearm Industry Members”
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM
INDUSTRY MEMBERS.
3–2301.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC
SAFETY ARTICLE.
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N §
4–201 OF THE CRIMINAL LAW ARTICLE. Ch. 714 2024 LAWS OF MARYLAN D
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(C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED
OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTION
WITH A FIREARM .
(D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN
THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A
FIREARM–RELATED PRODUCT .
(E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM ,
AMMUNITION , A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY
THAT IS:
(1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE
STATE; OR
(2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR
MARKETED IN THE STATE; OR
(3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORES EEABLE
THAT POSSESSION WOUL D OCCUR IN THE STATE.
(F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES,
TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE
PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR
FEDERAL LAW .
(G) (F) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE
DESIGNED:
(1) TO PREVENT THE SALE O R DISTRIBUTION OF A
FIREARM–RELATED PRODUCT TO :
(I) A STRAW PURCHASER ;
(II) A FIREARM TRAFFICKER ;
(III) A PERSON PROHIBITED FR OM POSSESSING A FIREA RM
UNDER STATE OR FEDERAL LAW ; AND
(IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS
REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED
PRODUCT:
WES MOORE, Governor Ch. 714
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1. TO COMMIT A CRIME ; OR
2. TO CAUSE HARM TO THE PERSON OR ANOTHER
PERSON;
(2) TO PREVENT THE LOSS O R THEFT OF A FIREARM –RELATED
PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND
(3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES
WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE
PROMOTE THE UNLAWFUL SALE , MANUFACTURE , ALTERATION, IMPORTATION ,
MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT .
(H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR
ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE
PUBLIC SAFETY ARTICLE.
3–2302.
(A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE,
MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE ,
MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A
FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS:
(1) UNLAWFUL; OR
(2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES .
(B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT
REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION,
IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREARM INDUSTRY
MEMBER’S FIREARM–RELATED PRODUCTS .
(C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE.
3–2303.
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
ATTORNEY GENERAL, A COUNTY ATTORNEY , OR THE BALTIMORE CITY SOLICITOR
MAY BRING AN ACTION AGAINST A FIREARM INDUSTRY MEM BER FOR A PUBLIC
NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS SUBTITLE.
Ch. 714 2024 LAWS OF MARYLAN D
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(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE
ATTORNEY GENERAL, COUNTY ATTORNEY , OR BALTIMORE CITY SOLICITOR MAY
SEEK:
(I) INJUNCTIVE RELIEF ;
(II) RESTITUTION;
(III) COMPENSATORY AND PUNI TIVE DAMAGES ;
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS ; AND
(V) ANY OTHER APPROPRIATE RELIEF.
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A
FIREARM INDUSTRY MEMBER FOR INJURY OR LOSS SUSTAINED AS A RESULT OF A
VIOLATION OF § 3–2302 OF THIS SUBTITLE.
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY
SEEK AND BE AWARDED :
(I) INJUNCTIVE RELIEF ;
(II) COMPENSATORY DAMAGES ;
(III) PUNITIVE DAMAGES; AND
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS .
(3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION
SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT:
(I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS
BROUGHT THE ACTION ; AND
(II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE
COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E
COMPLAINT.
(C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT
REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT
TO VIOLATE THIS SUBTITL E.
3–2304. WES MOORE, Governor Ch. 714
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NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT:
(1) ANY OTHER COMMON LAW OR STATUTORY CAUSE O F ACTION; OR
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW .
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
the application thereof to any person or circumstance is held invalid for any reason in a
court of competent jurisdiction, the invalidity does not affect other provisions or any other
application of this Act that can be given effect without the invalid provision or application,
and for this purpose the provisions of this Act are declared severable.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) The Attorney General, in consultation with the Department of State Police,
shall study and make recommendations regarding the legality and feasibility of a statutory
requirement that would compel licensed firearm dealers within the State to provide records
of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to the Attorney General.
(b) The Attorney General shall provide staff for the study.
(c) On or before June 30, 2025, the Attorney General shall report to the General
Assembly, in accordance with § 2–1257 of the State Government Article, on its
recommendations and findings.
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2024.
Approved by the Governor, May 16, 2024.