| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0488* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 488 | |
| 11 | 8 | D3 4lr2092 | |
| 12 | - | SB 113/23 – JPR CF | |
| 9 | + | SB 113/23 – JPR CF 4lr2974 | |
| 13 | 10 | By: Senators Waldstreicher and Smith | |
| 14 | 11 | Introduced and read first time: January 24, 2024 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 1, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Civil Actions – Public Nuisances – Firearm Industry Members 2 | |
| 25 | 19 | (Gun Industry Accountability Act of 2024) 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of prohibiting certain firearm industry members from knowingly creating, 4 | |
| 28 | 22 | maintaining, or contributing to harm to the public through the sale, manufacture, 5 | |
| 29 | 23 | importation, or marketing of a firearm–related product under certain circumstances; 6 | |
| 30 | 24 | requiring a firearm industry member to establish and implement certain reasonable 7 | |
| 31 | 25 | controls regarding the sale, manufacture, importation, distribution, marketing, 8 | |
| 32 | 26 | possession, and use of certain firearm–related products; establishing that a violation 9 | |
| 33 | 27 | of this Act is a public nuisance; authorizing the Attorney General or certain persons 10 | |
| 34 | 28 | to bring an action against a firearm industry member for violations under this Act; 11 | |
| 35 | - | requiring that the Attorney General study the legality and feasibility of a certain 12 | |
| 36 | - | statutory requirement; and generally relating to civil actions against firearm 13 | |
| 37 | - | industry members. 14 | |
| 29 | + | and generally relating to civil actions against firearm industry members. 12 | |
| 38 | 30 | ||
| 39 | - | BY adding to | |
| 40 | - | Article – Courts and Judicial Proceedings | |
| 41 | - | Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil | |
| 42 | - | Actions for Public Nuisance Against Firearm Industry Members” | |
| 43 | - | Annotated Code of Maryland | |
| 44 | - | (2020 Replacement Volume and 2023 Supplement) | |
| 31 | + | BY adding to 13 | |
| 32 | + | Article – Courts and Judicial Proceedings 14 | |
| 33 | + | Section 3–2301 through 3–2304 to be under the new subtitle “Subtitle 23. Civil 15 | |
| 34 | + | Actions for Public Nuisance Against Firearm Industry Members” 16 | |
| 35 | + | Annotated Code of Maryland 17 | |
| 36 | + | (2020 Replacement Volume and 2023 Supplement) 18 | |
| 45 | 37 | ||
| 46 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
| 47 | - | That the Laws of Maryland read as follows: 22 | |
| 38 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 39 | + | That the Laws of Maryland read as follows: 20 | |
| 40 | + | ||
| 41 | + | Article – Courts and Judicial Proceedings 21 | |
| 42 | + | ||
| 43 | + | SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 22 | |
| 44 | + | INDUSTRY MEMBERS. 23 | |
| 45 | + | ||
| 46 | + | 3–2301. 24 | |
| 48 | 47 | 2 SENATE BILL 488 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Article – Courts and Judicial Proceedings 1 | |
| 50 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1 | |
| 51 | + | INDICATED. 2 | |
| 52 | 52 | ||
| 53 | - | ||
| 54 | - | ||
| 53 | + | (B) (1) “FIREARM” HAS THE MEANING STATED IN § 5–101 OF THE PUBLIC 3 | |
| 54 | + | SAFETY ARTICLE. 4 | |
| 55 | 55 | ||
| 56 | - | 3–2301. 4 | |
| 56 | + | (2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 5 | |
| 57 | + | 4–201 OF THE CRIMINAL LAW ARTICLE. 6 | |
| 57 | 58 | ||
| 58 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5 | |
| 59 | - | INDICATED. 6 | |
| 59 | + | (C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED 7 | |
| 60 | + | OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO, OR USED IN CONJUNCTI ON 8 | |
| 61 | + | WITH A FIREARM . 9 | |
| 60 | 62 | ||
| 61 | - | (B) (1) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC 7 | |
| 62 | - | SAFETY ARTICLE. 8 | |
| 63 | + | (D) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN THE 10 | |
| 64 | + | SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 11 | |
| 65 | + | FIREARM–RELATED PRODUCT . 12 | |
| 63 | 66 | ||
| 64 | - | ( | |
| 65 | - | ||
| 67 | + | (E) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , AMMUNITION , A 13 | |
| 68 | + | COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSO RY THAT IS: 14 | |
| 66 | 69 | ||
| 67 | - | (C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED 11 | |
| 68 | - | OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTI ON 12 | |
| 69 | - | WITH A FIREARM . 13 | |
| 70 | + | (1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 15 | |
| 71 | + | STATE; 16 | |
| 70 | 72 | ||
| 71 | - | (D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN 14 | |
| 72 | - | THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 15 | |
| 73 | - | FIREARM–RELATED PRODUCT . 16 | |
| 73 | + | (2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 17 | |
| 74 | + | MARKETED IN THE STATE; OR 18 | |
| 74 | 75 | ||
| 75 | - | (E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , 17 | |
| 76 | - | AMMUNITION , A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSORY 18 | |
| 77 | - | THAT IS: 19 | |
| 76 | + | (3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORESEEABLE 19 | |
| 77 | + | THAT POSSESSION WOUL D OCCUR IN THE STATE. 20 | |
| 78 | 78 | ||
| 79 | - | (1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 20 | |
| 80 | - | STATE; OR 21 | |
| 79 | + | (F) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 21 | |
| 80 | + | TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 22 | |
| 81 | + | PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATIO N OF STATE OR 23 | |
| 82 | + | FEDERAL LAW . 24 | |
| 81 | 83 | ||
| 82 | - | (2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 22 | |
| 83 | - | MARKETED IN THE STATE; OR 23 | |
| 84 | + | (G) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE DESIGNED : 25 | |
| 84 | 85 | ||
| 85 | - | ( | |
| 86 | - | ||
| 86 | + | (1) TO PREVENT THE SALE O R DISTRIBUTION OF A 26 | |
| 87 | + | FIREARM–RELATED PRODUCT TO : 27 | |
| 87 | 88 | ||
| 88 | - | (F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 26 | |
| 89 | - | TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 27 | |
| 90 | - | PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 28 | |
| 91 | - | FEDERAL LAW . 29 | |
| 89 | + | (I) A STRAW PURCHASER ; 28 | |
| 92 | 90 | ||
| 93 | - | (G) (F) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE 30 | |
| 94 | - | DESIGNED: 31 SENATE BILL 488 3 | |
| 91 | + | (II) A FIREARM TRAFFICKER ; 29 | |
| 92 | + | SENATE BILL 488 3 | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | (III) A PERSON PROHIBITED FR OM POSSESSING A FIRE ARM 1 | |
| 96 | + | UNDER STATE OR FEDERAL LAW ; AND 2 | |
| 97 | + | ||
| 98 | + | (IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 3 | |
| 99 | + | REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 4 | |
| 100 | + | PRODUCT: 5 | |
| 101 | + | ||
| 102 | + | 1. TO COMMIT A CRIME ; OR 6 | |
| 103 | + | ||
| 104 | + | 2. TO CAUSE HARM TO THE PERSON OR ANOTH ER 7 | |
| 105 | + | PERSON; 8 | |
| 106 | + | ||
| 107 | + | (2) TO PREVENT THE LOSS O R THEFT OF A FIREARM –RELATED 9 | |
| 108 | + | PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 10 | |
| 109 | + | ||
| 110 | + | (3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 11 | |
| 111 | + | WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 12 | |
| 112 | + | PROMOTE THE UNLAWFUL SALE, MANUFACTURE , ALTERATION, IMPORTATION , 13 | |
| 113 | + | MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 14 | |
| 114 | + | ||
| 115 | + | (H) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR ATTEMPTS 15 | |
| 116 | + | TO ENGAGE IN A STRAW PURCHASE AS DEFINED IN § 5–101 OF THE PUBLIC SAFETY 16 | |
| 117 | + | ARTICLE. 17 | |
| 118 | + | ||
| 119 | + | 3–2302. 18 | |
| 120 | + | ||
| 121 | + | (A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 19 | |
| 122 | + | MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , 20 | |
| 123 | + | MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 21 | |
| 124 | + | FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 22 | |
| 125 | + | ||
| 126 | + | (1) UNLAWFUL; OR 23 | |
| 127 | + | ||
| 128 | + | (2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 24 | |
| 129 | + | ||
| 130 | + | (B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 25 | |
| 131 | + | REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, 26 | |
| 132 | + | IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREA RM INDUSTRY 27 | |
| 133 | + | MEMBER’S FIREARM–RELATED PRODUCTS . 28 | |
| 134 | + | ||
| 135 | + | (C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 29 | |
| 136 | + | ||
| 137 | + | 3–2303. 30 4 SENATE BILL 488 | |
| 95 | 138 | ||
| 96 | 139 | ||
| 97 | 140 | ||
| 98 | - | (1) TO PREVENT THE SALE O R DISTRIBUTION OF A 1 | |
| 99 | - | FIREARM–RELATED PRODUCT TO : 2 | |
| 141 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1 | |
| 142 | + | ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A FIR EARM INDUSTRY 2 | |
| 143 | + | MEMBER FOR A PUBLIC NUISANCE CAUSED BY A VIOLATION OF § 3–2302 OF THIS 3 | |
| 144 | + | SUBTITLE. 4 | |
| 100 | 145 | ||
| 101 | - | (I) A STRAW PURCHASER ; 3 | |
| 146 | + | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 5 | |
| 147 | + | ATTORNEY GENERAL MAY SEEK : 6 | |
| 102 | 148 | ||
| 103 | - | ( | |
| 149 | + | (I) INJUNCTIVE RELIEF ; 7 | |
| 104 | 150 | ||
| 105 | - | (III) A PERSON PROHIBITED FR OM POSSESSING A FIRE ARM 5 | |
| 106 | - | UNDER STATE OR FEDERAL LAW ; AND 6 | |
| 151 | + | (II) RESTITUTION; 8 | |
| 107 | 152 | ||
| 108 | - | (IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 7 | |
| 109 | - | REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 8 | |
| 110 | - | PRODUCT: 9 | |
| 153 | + | (III) COMPENSATORY AND PUNI TIVE DAMAGES ; 9 | |
| 111 | 154 | ||
| 112 | - | | |
| 155 | + | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS; AND 10 | |
| 113 | 156 | ||
| 114 | - | 2. TO CAUSE HARM TO THE PERSON OR ANOTHER 11 | |
| 115 | - | PERSON; 12 | |
| 157 | + | (V) ANY OTHER APPROPRIATE RELIEF. 11 | |
| 116 | 158 | ||
| 117 | - | (2) TO PREVENT THE LOSS OR THEFT OF A F IREARM–RELATED 13 | |
| 118 | - | PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 14 | |
| 159 | + | (B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 12 | |
| 160 | + | FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 13 | |
| 161 | + | VIOLATION OF § 3–2302 OF THIS SUBTITLE. 14 | |
| 119 | 162 | ||
| 120 | - | (3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 15 | |
| 121 | - | WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 16 | |
| 122 | - | PROMOTE THE UNLAWFUL SALE, MANUFACTURE , ALTERATION, IMPORTATION , 17 | |
| 123 | - | MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 18 | |
| 163 | + | (2) A PERSON WHO BRINGS AN ACTION UNDER THIS SUB SECTION MAY 15 | |
| 164 | + | SEEK AND BE AWARDED : 16 | |
| 124 | 165 | ||
| 125 | - | (H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR 19 | |
| 126 | - | ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE 20 | |
| 127 | - | PUBLIC SAFETY ARTICLE. 21 | |
| 166 | + | (I) INJUNCTIVE RELIEF ; 17 | |
| 128 | 167 | ||
| 129 | - | ||
| 168 | + | (II) COMPENSATORY DAMAGES ; 18 | |
| 130 | 169 | ||
| 131 | - | (A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 23 | |
| 132 | - | MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , 24 | |
| 133 | - | MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 25 | |
| 134 | - | FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 26 | |
| 170 | + | (III) PUNITIVE DAMAGES ; AND 19 | |
| 135 | 171 | ||
| 136 | - | ( | |
| 172 | + | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 20 | |
| 137 | 173 | ||
| 138 | - | (2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 28 | |
| 139 | - | 4 SENATE BILL 488 | |
| 174 | + | (3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 21 | |
| 175 | + | SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 22 | |
| 176 | + | ||
| 177 | + | (I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 23 | |
| 178 | + | BROUGHT THE ACTION ; AND 24 | |
| 179 | + | ||
| 180 | + | (II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 25 | |
| 181 | + | COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 26 | |
| 182 | + | COMPLAINT. 27 SENATE BILL 488 5 | |
| 140 | 183 | ||
| 141 | 184 | ||
| 142 | - | (B) A FIREARM INDUSTRY MEM BER SHALL ESTABLISH AND IMPLEMENT 1 | |
| 143 | - | REASONABLE CONTROLS REGARDING THE SALE , MANUFACTURE , DISTRIBUTION, 2 | |
| 144 | - | IMPORTATION , MARKETING, POSSESSION, AND USE OF THE FIREA RM INDUSTRY 3 | |
| 145 | - | MEMBER’S FIREARM–RELATED PRODUCTS . 4 | |
| 146 | 185 | ||
| 147 | - | (C) A VIOLATION OF THIS SE CTION IS A PUBLIC NU ISANCE. 5 | |
| 186 | + | (C) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT REQUIRED TO 1 | |
| 187 | + | PROVE THAT A FIREARM INDUSTRY MEMBER ACTE D WITH THE INTENT TO VIOLATE 2 | |
| 188 | + | THIS SUBTITLE. 3 | |
| 148 | 189 | ||
| 149 | - | 3– | |
| 190 | + | 3–2304. 4 | |
| 150 | 191 | ||
| 151 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 7 | |
| 152 | - | ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A FIR EARM INDUSTRY 8 | |
| 153 | - | MEMBER FOR A PUBLIC NUISANCE CAUSE D BY A VIOLATION OF § 3–2302 OF THIS 9 | |
| 154 | - | SUBTITLE. 10 | |
| 192 | + | NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 5 | |
| 155 | 193 | ||
| 156 | - | (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 11 | |
| 157 | - | ATTORNEY GENERAL MAY SEEK : 12 | |
| 194 | + | (1) ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION ; OR 6 | |
| 158 | 195 | ||
| 159 | - | (I) INJUNCTIVE RELIEF ; 13 | |
| 196 | + | (2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 7 | |
| 197 | + | FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 8 | |
| 160 | 198 | ||
| 161 | - | (II) RESTITUTION; 14 | |
| 199 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 9 | |
| 200 | + | the application thereof to any person or circumstance is held invalid for any reason in a 10 | |
| 201 | + | court of competent jurisdiction, the invalidity does not affect other provisions or any other 11 | |
| 202 | + | application of this Act that can be given effect without the invalid provision or application, 12 | |
| 203 | + | and for this purpose the provisions of this Act are declared severable. 13 | |
| 162 | 204 | ||
| 163 | - | (III) COMPENSATORY AND PUNI TIVE DAMAGES ; 15 | |
| 205 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14 | |
| 206 | + | 1, 2024. 15 | |
| 164 | 207 | ||
| 165 | - | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS; AND 16 | |
| 166 | - | ||
| 167 | - | (V) ANY OTHER APPROPRIATE RELIEF. 17 | |
| 168 | - | ||
| 169 | - | (B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 18 | |
| 170 | - | FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 19 | |
| 171 | - | VIOLATION OF § 3–2302 OF THIS SUBTITLE. 20 | |
| 172 | - | ||
| 173 | - | (2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY 21 | |
| 174 | - | SEEK AND BE AWARDED : 22 | |
| 175 | - | ||
| 176 | - | (I) INJUNCTIVE RELIEF ; 23 | |
| 177 | - | ||
| 178 | - | (II) COMPENSATORY DAMAGES ; 24 | |
| 179 | - | ||
| 180 | - | (III) PUNITIVE DAMAGES ; AND 25 | |
| 181 | - | ||
| 182 | - | (IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 26 | |
| 183 | - | ||
| 184 | - | (3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 27 | |
| 185 | - | SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 28 | |
| 186 | - | SENATE BILL 488 5 | |
| 187 | - | ||
| 188 | - | ||
| 189 | - | (I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 1 | |
| 190 | - | BROUGHT THE ACTION ; AND 2 | |
| 191 | - | ||
| 192 | - | (II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 3 | |
| 193 | - | COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 4 | |
| 194 | - | COMPLAINT. 5 | |
| 195 | - | ||
| 196 | - | (C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT 6 | |
| 197 | - | REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT 7 | |
| 198 | - | TO VIOLATE THIS SUBT ITLE. 8 | |
| 199 | - | ||
| 200 | - | 3–2304. 9 | |
| 201 | - | ||
| 202 | - | NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 10 | |
| 203 | - | ||
| 204 | - | (1) ANY OTHER COMMON L AW OR STATUTORY CAUS E OF ACTION; OR 11 | |
| 205 | - | ||
| 206 | - | (2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 12 | |
| 207 | - | FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 13 | |
| 208 | - | ||
| 209 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 14 | |
| 210 | - | the application thereof to any person or circumstance is held invalid for any reason in a 15 | |
| 211 | - | court of competent jurisdiction, the invalidity does not affect other provisions or any other 16 | |
| 212 | - | application of this Act that can be given effect without the invalid provision or application, 17 | |
| 213 | - | and for this purpose the provisions of this Act are declared severable. 18 | |
| 214 | - | ||
| 215 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: 19 | |
| 216 | - | ||
| 217 | - | (a) The Attorney General, in consultation with the Department of State Police, 20 | |
| 218 | - | shall study and make recommendations regarding the legality and feasibility of a statutory 21 | |
| 219 | - | requirement that would compel licensed firearm dealers within the State to provide records 22 | |
| 220 | - | of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and 23 | |
| 221 | - | Explosives to the Attorney General. 24 | |
| 222 | - | ||
| 223 | - | (b) The Attorney General shall provide staff for the study. 25 | |
| 224 | - | ||
| 225 | - | (c) On or before June 30, 2025, the Attorney General shall report to the General 26 | |
| 226 | - | Assembly, in accordance with § 2–1257 of the State Government Article, on its 27 | |
| 227 | - | recommendations and findings. 28 | |
| 228 | - | ||
| 229 | - | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
| 230 | - | June 1, 2024. 30 |