EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0488*
SENATE BILL 488
D3 4lr2092
SB 113/23 – JPR CF 4lr2974
By: Senators Waldstreicher and Smith
Introduced and read first time: January 24, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
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
to bring an action against a firearm industry member for violations under this Act; 11
and generally relating to civil actions against firearm industry members. 12
BY adding to 13
Article – Courts and Judicial Proceedings 14
Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil 15
Actions for Public Nuisance Against Firearm Industry Members” 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Courts and Judicial Proceedings 21
SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 22
INDUSTRY MEMBERS. 23
3–2301. 24
2 SENATE BILL 488
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) (1) “FIREARM” HAS THE MEANING STATED 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 ATTACHMENT OR DEVICE DESIGNED 7
OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO, OR USED IN CONJUNCTI ON 8
WITH A 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 FORESEEABLE 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 VIOLATIO N 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
SENATE BILL 488 3
(III) A PERSON PROHIBITED FR OM POSSESSING A FIRE ARM 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 ANOTH ER 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 , ALTERATION, IMPORTATION , 13
MARKETING, 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 INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 19
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
3–2303. 30 4 SENATE BILL 488
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A FIR EARM INDUSTRY 2
MEMBER FOR A PUBLIC NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS 3
SUBTITLE. 4
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 5
ATTORNEY GENERAL MAY SEEK : 6
(I) INJUNCTIVE RELIEF ; 7
(II) RESTITUTION; 8
(III) COMPENSATORY AND PUNI TIVE DAMAGES ; 9
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS; AND 10
(V) ANY OTHER APPROPRIATE RELIEF. 11
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 12
FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 13
VIOLATION OF § 3–2302 OF THIS SUBTITLE. 14
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SUB SECTION MAY 15
SEEK AND BE AWARDED : 16
(I) INJUNCTIVE RELIEF ; 17
(II) COMPENSATORY DAMAGES ; 18
(III) PUNITIVE DAMAGES ; AND 19
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 20
(3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 21
SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 22
(I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 23
BROUGHT THE ACTION ; AND 24
(II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 25
COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 26
COMPLAINT. 27 SENATE BILL 488 5
(C) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT REQUIRED TO 1
PROVE THAT A FIREARM INDUSTRY MEMBER ACTE D WITH THE INTENT TO VIOLATE 2
THIS SUBTITLE. 3
3–2304. 4
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 5
(1) ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION ; OR 6
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 7
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 8
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 9
the application thereof to any person or circumstance is held invalid for any reason in a 10
court of competent jurisdiction, the invalidity does not affect other provisions or any other 11
application of this Act that can be given effect without the invalid provision or application, 12
and for this purpose the provisions of this Act are declared severable. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14
1, 2024. 15