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MGA considers bill to allow AG, citizens to sue gun manufacturers

Posted at 5:18 PM, Feb 16, 2024
and last updated 2024-02-19 08:08:37-05

ANNAPOLIS, Md. — A bill before the Maryland General Assembly would open those in the gun industry up to lawsuits.

"The firearm industry is the only industry in the nation's history to receive immunity from lawsuits," said Senator Jeff Waldstreicher, a Democrat from Montgomery County.

The bill, sponsored by Senators Waldstreicher and Will Smith, says gun manufacturers cannot contribute to harm through the sale of a gun.

It says firearm industry members have to create reasonable standards around maintaining and selling guns.

"We have reasonable controls that gun sellers, manufacturers have to abide by. The question comes down to did that gun store abide by what's in statute," said Attorney General Anthony Brown.

The issue for a number of lawmakers is the bill doesn't outline specific rules the industry has to follow.

"This is something that is a highly regulated trade that people are in the business of commerce and we are not only looking to hold the manufacturers responsible we are also looking to hold the gun store owners that meet all the regulations in Maryland," said senator William Folden, a Republican from Frederick County.

Only two people for and against the bill were allowed since it was already discussed last session.

Mark Pennak with Maryland Shall Issue, a firearms advocacy group, was one of the two people against the bill allowed to testify.

"Now how in the world can you know something is illegal if it's merely foreseeable or if it's merely unreasonable, you can't possibly," said Pennak.

In the 2023 session, the bill didn't make it out of committee for fear it wouldn't hold up to constitutionality challenges.

The bill's sponsor argues it would, saying eight other states already have this type of law on the books.