An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms
Maine Legislature, Session 131, LD 1696
Committee Amendment CA_A_H962 (House)
Amends: 14 MRSA §1522

COMMITTEE AMENDMENT" ft "to H.P. 1085, L.D. 1696, "An Act to Create a 
Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally 
Dangerous Firearms" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from 
the Illegal Sale or Marketing of Firearm-related Products' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 14 MRSA §1522, sub-§1, ~, as enacted by PL 1991, c. 9, Pt. G, §2, is 
amended to read: 
U. Title 38, section 1319-J; aaa 
Sec. 2. 14 MRSA §1522, sub-§1, ,V, as enacted by PL 1991, c. 9, Pt. G, §2, is 
amended to read: 
V. Title 38, section 1367-:-: and 
Sec. 3. 14 MRSA §1522, sub-§1, ~ 
is enacted to read: 
W. Title 14. section 9002, subsection 2. 
Sec. 4. 14 MRSA c. 763 is enacted to read: 
CHAPTER 763 
CML LIABILITY FOR THE ILLEGAL SALE OR MARKETING OF 
FIREARM-RELATED PRODUCTS 
§9001. Definitions 
COMMITTEE AMENDMENT 
.,•i6S 
COMMITTEE AMENDMENT" p(' to H.P. 1085, L.D. 1696 
As used in this chapter, unless the context othe1wise indicates, the following terms 
have the following meanings. 
1. Firearm. l'Fireaim" has the same meaning as in Title 17-A, section 2. subsection 
12-A. 
2. Firearm industry member. "Firearm indust1y member" means a person. firm. 
corporation, company. partnership. society, joint stock company or any other entity or 
association engaged in the sale. manufacturing. distribution, importing or marketing of a 
firearm-related product or any officer. agent. employee or other person authorized to act 
on behalf of the person, firm, corporation, company, partnership, society, joint stock 
company or other entity or association or that acts in concert or participation with one or 
more such persons, firms, corporations, companies, partnerships, societies, joint stock 
companies or other entities or associations. 
3. Firearm-related product. "Firearm-related product" means a firearm, ammunition, 
ammunition magazine, firearm component or part, including a firearm frame, firearm 
receiver or firearm accessory, that is or is intended to be sold. manufactured, distributed. 
imported or marketed. 
4. Firearm trafficker. "Firearm trafficker" means a person that acguires. transfers or 
attempts to acquire or transfer a firearm for purposes of unlawful commerce. 
5. Person. "Person" means a natural person or legal entity. including a corporation. 
partnership. limited liability company or incorporated or unincorporated association. 
6. Straw purchaser. "Straw purchaser" means a person that conceals or intends to 
conceal that the. purchase of a firearm-related product is being made on behalf of a 3rd 
party. "Straw purchaser" does not include a person that. in purchasing a firearm-related 
product, intends for that firearm-related product to be a bona fide gift to a person that is not 
prohibited by law from owning, possessing or receiving a firearm-related product. except 
that a gift is not bona fide if the intended recipient has offered or provided the purchaser 
with a service or anything of value in consideration of the acquisition of the firearm-related 
product. 
§9002. Civil action authorized 
1. Private cause of action. Notwithstanding any action by the Attorney General under 
subsection 2. a person that has suffered damages in this State that are proximately caused. 
in whole or in part. by a violation of this chapter committed knowingly by a firearm 
industry member may bring a civil action for the recove1y of those damages, injunctive 
relief and reasonable attorney's fees and costs. 
2. Attorney General investigation and enforcement. The Attorney General may do 
the following. 
A. Whenever the Attorney General has reason to believe that a firearm industry 
member has engaged in, is engaging in or is about to engage in conduct that violates 
section 9003 or 9004 and that an investigation is in the public interest. the Attorney 
General may by written request examine any documents and records relevant to such 
a violation and require the firearm industry member or any person with knowledge 
related to the investigation to provide testimony under oath in written responses to 
interrogatories and upon oral deposition. The Attorney General shall provide service 
of a written request under this paragraph by first-class mail, and the fact and date of 
COMMITTEE AMENDMENT 
~fi)S 
. COMMITTEE AMENDMENT" Ai' to H.P. 1085, L.D. 1696 
service is conclusively established by receipt of a United States Postal Service 
certificate of mailing. A person receiving a written request from the Attorney General 
pursuant to this paragraph shall comply with the request within 20 days or otherwise 
file in the Kennebec County Superior Court within 20 days of service of the request a 
motion to quash or modify the request. The court may not grant a motion to quash or 
modify a request unless the movant demonstrates that the request or specific portions 
of the request are made without good cause. The Attorney General may file a petition 
for an order to enforce a request. A violation of this paragraph is a civil violation for 
which a civil penalty of not less than $10,000 and not more than $50,000 must be 
awarded. 
B. Whenever the Attorney General has reason to believe that a firearm industry 
member has engaged in. is engaging in or is about to engage in conduct that violates 
section 9003 or 9004. the Attorney General may commence a civil action to obtain: 
(1) Injunctive relief; 
(2) A civil penalty of not more than $100,000 for each violation of this chapter 
committed knowingly; and 
(3) Equitable monetary relief, including restitution and disgorgement, for the 
financial loss suffered by a person that is proximately caused. in whole or in part. 
by a violation of this chapter committed knowingly by a firearm industry member. 
C, In any action by the Attorney General under this subsection, the court may not enter 
a judgment for the duplicative recovery of monetary relief that has in fact been awarded 
to a prevailing party under subsection 1. 
3. Venue, An action brought pursuant to this section must be filed in the Superior Court 
in the county in which the firearm industry member resides or has its principal place of 
business. or in Kennebec County if the firearm industry member has no residence or 
principal place of business in this State. 
4. Conduct committed knowingly. For the putposes of this chapter, a person acts 
knowingly in violation of this chapter when the person is subjectively aware or reasonably 
should be aware that the conduct is unlawful. 
5. Proximate cause. For the putposes of this chapter, a particular harm or loss is 
proximately caused by a violation of this chapter if the violation played a substantial part 
in bringing about the harm or loss and the harm or loss was either a direct result of. or a 
reasonably foreseeable consequence of. the violation. In determining whether a particular 
harm or loss is proximately caused by a violation of this chapter, the criminal or tortious 
act or conduct of a 3rd party with respect to the use of a firearm-related product may not 
be considered an intervening or superseding caus~. 
6. Exemptions. An action may not be brought under this section by a person injured: 
A. By that person's use of a firearm-related product in the commission of a crime or 
tort; or 
B. By that person's use of a firearm-related product to intentionally or recklessly inflict 
or cause a self-injury. 
§9003, Prohibited conduct 
COMMITTEE AMENDMENT 
~ .. -·o·-·s 
'\~ 
COMMITIEEAMENDMENT "Pr to H.P. 1085, L.D. 1696 
A firearm industry member may not sell or offer or market for sale a firearm-related 
product in a manner that: 
1. Modification. Promotes conversion or modification of a legal firearm-related 
product into an illegal firearm-related product; 
2. Prohibited persons. Is targeted to persons that are prohibited from owning, 
possessing or receiving a firearm under state or federal law; or 
3. Deception. Is unconscionable or deceptive. 
§9004. Reasonable controls required 
1. Prevention of sales to certain persons. A firearm industry member shall establish, 
implement and enforce reasonable procedures, acts or practices to prevent the sale or 
offering or marketing for sale of a firearm-related product to: 
A. A straw purchaser: 
B. A firearm trafficker: 
C. A person prohibited from owning. possessing or receiving a firearm under state or 
federal law; 
D. A person that the firearm industry member knows or has reasonable cause to believe 
is at substantial risk of using a firearm-related product for self-harm or to harm another 
person: or 
E. A person that the firearm industry member knows or has reasonable cause to believe 
is at substantial risk of using, owning, possessing or receiving a firearm-related product 
unlawfully. 
2. Theft or loss prevention. A firearm industry member shall establish, implement and 
enforce reasonable procedures, acts or practices to prevent the theft or loss of a 
firearm-related product from the firearm industry member. 
3. Compliance with state and federal laws. A firearm industry member shall 
establish, implement and enforce reasonable procedures, acts or practices to ensure that the 
firearm industry member complies with all provisions of state and federal laws.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
changes the title. The amendment does the following. 
1. It defines "firearm," "firearm industry member," "firearm-related product," "firearm 
trafficker," "person" and "straw purchaser." 
2. It authorizes a private cause of action for a person that has suffered damages as a 
result of a violation committed knowingly by a firearm industry member. 
3. It authorizes the Attorney General to investigate and bring a civil action against a 
firearm industry member for a violation. 
4. It establishes a procedure for civil actions. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDlVIBNT "f\" to H.P. 10851 L.D, 1696 
5. It creates exemptions for civil actions. 
6. It establishes conduct for which a civil action may be brought. 
7. It establishes reasonable controls required of the firearm industry member to prevent 
a violation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/08/24 feae 
LD 1696 
LR 10(02) 
An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of 
Abnormally Dangerous Firearms 
Fiscal Note for Bill as Amended by Committee Amendment "/t; ( H--901;) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits filed in the court system. 
The additional workload associated with the new cases filed in the court system does not require additional fundin5 -· 
this time. 
The collection of additional filing fees will increase General Fund revenue by minor amounts. 
LR0010(02) - Fiscal Note - Page 1 of 1