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.
*sb0488*
SENATE BILL 488
D3 4lr2092
SB 113/23 – JPR CF HB 947
By: Senators Waldstreicher and Smith
Introduced and read first time: January 24, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 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
to bring an action against a firearm industry member for violations under this Act; 11
requiring that the Attorney General study the legality and feasibility of a certain 12
statutory requirement; and generally relating to civil actions against firearm 13
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
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
2 SENATE BILL 488
Article – Courts and Judicial Proceedings 1
SUBTITLE 23. CIVIL ACTIONS FOR PUBLIC NUISANCE AGAINST FIREARM 2
INDUSTRY MEMBERS. 3
3–2301. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) (1) “FIREARM” HAS THE MEANING STAT ED IN § 5–101 OF THE PUBLIC 7
SAFETY ARTICLE. 8
(2) “FIREARM” INCLUDES AN ANTIQUE FIREARM AS DEFINED I N § 9
4–201 OF THE CRIMINAL LAW ARTICLE. 10
(C) “FIREARM ACCESSORY ” MEANS AN ATTACHMENT OR DEVICE DESIGNED 11
OR ADAPTED TO BE INS ERTED INTO, AFFIXED ONTO , OR USED IN CONJUNCTI ON 12
WITH A FIREARM . 13
(D) (C) “FIREARM INDUSTRY MEMB ER” MEANS A PERSON ENGAG ED IN 14
THE SALE, MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 15
FIREARM–RELATED PRODUCT . 16
(E) (D) “FIREARM–RELATED PRODUCT ” MEANS A FIREARM , 17
AMMUNITION , A COMPONENT OR PART OF A FIREARM, OR A FIREARM ACCESSORY 18
THAT IS: 19
(1) SOLD, MANUFACTURED , DISTRIBUTED, OR MARKETED IN THE 20
STATE; OR 21
(2) INTENDED TO BE SOLD , MANUFACTURED , DISTRIBUTED, OR 22
MARKETED IN THE STATE; OR 23
(3) POSSESSED IN THE STATE, IF IT WAS REASONABLY FORESEEABLE 24
THAT POSSESSION WOULD OCCUR IN THE STATE. 25
(F) (E) “FIREARM TRAFFICKER ” MEANS A PERSON WHO A CQUIRES, 26
TRANSFERS, OR ATTEMPTS TO ACQUI RE OR TRANSFER A FIR EARM FOR THE 27
PURPOSE OF SELLING O R DISPOSING OF THE F IREARM IN VIOLATION OF STATE OR 28
FEDERAL LAW . 29
(G) (F) “REASONABLE CONTROLS ” MEANS POLICIES THAT ARE 30
DESIGNED: 31 SENATE BILL 488 3
(1) TO PREVENT THE SALE O R DISTRIBUTION OF A 1
FIREARM–RELATED PRODUCT TO : 2
(I) A STRAW PURCHASER ; 3
(II) A FIREARM TRAFFICKER ; 4
(III) A PERSON PROHIBITED FR OM POSSESSING A FIRE ARM 5
UNDER STATE OR FEDERAL LAW ; AND 6
(IV) A PERSON WHO THE FIREA RM INDUSTRY MEMBER H AS 7
REASONABLE CAUSE TO BELIEVE INTENDS TO U SE THE FIREARM –RELATED 8
PRODUCT: 9
1. TO COMMIT A CRIME ; OR 10
2. TO CAUSE HARM TO THE PERSON OR ANOTHER 11
PERSON; 12
(2) TO PREVENT THE LOSS OR THEFT OF A F IREARM–RELATED 13
PRODUCT FROM A FIREA RM INDUSTRY MEMBER ; AND 14
(3) TO ENSURE THAT THE FI REARM INDUSTRY MEMBE R COMPLIES 15
WITH ALL PROVISIONS OF STATE AND FEDERAL LAW AND DOES NOT OTHERWI SE 16
PROMOTE THE UNLAWFUL SALE, MANUFACTURE , ALTERATION, IMPORTATION , 17
MARKETING, POSSESSION, OR USE OF A FIREARM –RELATED PRODUCT . 18
(H) (G) “STRAW PURCHASER ” MEANS A PERSON WHO E NGAGES OR 19
ATTEMPTS TO ENGAGE I N A STRAW PURCHASE A S DEFINED IN § 5–101 OF THE 20
PUBLIC SAFETY ARTICLE. 21
3–2302. 22
(A) A FIREARM INDUSTRY MEM BER MAY NOT KNOWINGL Y CREATE, 23
MAINTAIN, OR CONTRIBUTE TO HAR M TO THE PUBLIC THRO UGH THE SALE , 24
MANUFACTURE , DISTRIBUTION, IMPORTATION , OR MARKETING OF A 25
FIREARM–RELATED PRODUCT BY E NGAGING IN CONDUCT T HAT IS: 26
(1) UNLAWFUL; OR 27
(2) UNREASONABLE UNDER TH E TOTALITY OF THE CI RCUMSTANCES . 28
4 SENATE BILL 488
(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 FIREA RM 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 MAY BRING AN ACTION AGAINST A FIR EARM INDUSTRY 8
MEMBER FOR A PUBLIC NUISANCE CAUSE D BY A VIOLATION OF § 3–2302 OF THIS 9
SUBTITLE. 10
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 11
ATTORNEY GENERAL MAY SEEK : 12
(I) INJUNCTIVE RELIEF ; 13
(II) RESTITUTION; 14
(III) COMPENSATORY AND PUNI TIVE DAMAGES ; 15
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS; AND 16
(V) ANY OTHER APPROPRIATE RELIEF. 17
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAGES A GAINST A 18
FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 19
VIOLATION OF § 3–2302 OF THIS SUBTITLE. 20
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY 21
SEEK AND BE AWARDED : 22
(I) INJUNCTIVE RELIEF ; 23
(II) COMPENSATORY DAMAGES ; 24
(III) PUNITIVE DAMAGES ; AND 25
(IV) REASONABLE ATTORNEY ’S FEES AND COSTS . 26
(3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 27
SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 28
SENATE BILL 488 5
(I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 1
BROUGHT THE ACTION ; AND 2
(II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 3
COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 4
COMPLAINT. 5
(C) (B) A PARTY SEEKING RELIEF UNDER THIS SECTION I S NOT 6
REQUIRED TO PROVE TH AT A FIREARM INDUSTR Y MEMBER ACTED WITH THE INTENT 7
TO VIOLATE THIS SUBT ITLE. 8
3–2304. 9
NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO AFFECT: 10
(1) ANY OTHER COMMON L AW OR STATUTORY CAUS E OF ACTION; OR 11
(2) ANY OTHER OBLIGATION OR RESTRICTION IMPOS ED ON A 12
FIREARM INDUSTRY MEM BER UNDER STATE OR FEDERAL LAW . 13
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 14
the application thereof to any person or circumstance is held invalid for any reason in a 15
court of competent jurisdiction, the invalidity does not affect other provisions or any other 16
application of this Act that can be given effect without the invalid provision or application, 17
and for this purpose the provisions of this Act are declared severable. 18
SECTION 3. AND BE IT FURTHER ENACTED, That: 19
(a) The Attorney General, in consultation with the Department of State Police, 20
shall study and make recommendations regarding the legality and feasibility of a statutory 21
requirement that would compel licensed firearm dealers within the State to provide records 22
of firearm trace requests received from the Bureau of Alcohol, Tobacco, Firearms, and 23
Explosives to the Attorney General. 24
(b) The Attorney General shall provide staff for the study. 25
(c) On or before June 30, 2025, the Attorney General shall report to the General 26
Assembly, in accordance with § 2–1257 of the State Government Article, on its 27
recommendations and findings. 28
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
June 1, 2024. 30