EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1158*
HOUSE BILL 1158
D3 5lr2799
CF 5lr3093
By: Delegate Phillips
Introduced and read first time: February 6, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions Against Firearm Industry Members – Private Right of Action 2
FOR the purpose of authorizing certain persons to bring an action against a firearm 3
industry member for certain violations; and generally relating to civil actions against 4
firearm industry members. 5
BY repealing and reenacting, without amendments, 6
Article – Courts and Judicial Proceedings 7
Section 3–2502 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 3–2503 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
3–2502. 19
(a) A firearm industry member may not knowingly create, maintain, or contribute 20
to harm to the public through the sale, manufacture, distribution, importation, or 21
marketing of a firearm–related product by engaging in conduct that is: 22
(1) Unlawful; or 23
2 HOUSE BILL 1158
(2) Unreasonable under the totality of the circumstances. 1
(b) A firearm industry member shall establish and implement reasonable controls 2
regarding the sale, manufacture, distribution, importation, marketing, possession, and use 3
of the firearm industry member’s firearm–related products. 4
(c) A violation of this section is a public nuisance. 5
3–2503. 6
(a) (1) Subject to paragraph (2) of this subsection, the Attorney General, a 7
county attorney, or the Baltimore City Solicitor may bring an action against a firearm 8
industry member for a public nuisance caused by a violation of § 3–2502 of this subtitle. 9
(2) In an action brought under this subsection, the Attorney General, 10
county attorney, or Baltimore City Solicitor may seek: 11
(i) Injunctive relief; 12
(ii) Restitution; 13
(iii) Compensatory and punitive damages; 14
(iv) Reasonable attorney’s fees and costs; and 15
(v) Any other appropriate relief. 16
(B) (1) A PERSON MAY BRING AN ACTION FOR DAMAG ES AGAINST A 17
FIREARM INDUSTRY MEM BER FOR INJURY OR LO SS SUSTAINED AS A RE SULT OF A 18
VIOLATION OF § 3–2502 OF THIS SUBTITLE. 19
(2) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION MAY 20
SEEK AND BE AWARDED : 21
(I) INJUNCTIVE RELIEF ; 22
(II) COMPENSATORY AND PUNITIVE DAMAGES; AND 23
(III) REASONABLE ATTORNEY ’S FEES AND COSTS . 24
(3) A PERSON WHO BRINGS AN ACTION UNDER THIS SU BSECTION 25
SHALL, WITHIN 5 DAYS AFTER FILING TH E COMPLAINT: 26
(I) NOTIFY THE ATTORNEY GENERAL THAT THE PERS ON HAS 27
BROUGHT THE ACTION; AND 28 HOUSE BILL 1158 3
(II) PROVIDE THE ATTORNEY GENERAL WITH A COPY O F THE 1
COMPLAINT AND ANY OT HER DOCUMENTS OR PLE ADINGS FILED WITH TH E 2
COMPLAINT. 3
[(b)] (C) A party seeking relief under this section is not required to prove that a 4
firearm industry member acted with the intent to violate this subtitle. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7