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: Judiciary
Sponsors: MILLETT, CARNEY, DOUDERA, GATTINE, GRAMLICH, MOONEN, SACHS, SAYRE, STOVER, LAWRENCE

Legislative Document
No. 1696
H.P. 1085
House of Representatives, April 18, 2023
An Act to Create a Civil Cause of Action for Persons Suffering 
Damages Arising from the Sale of Abnormally Dangerous Firearms
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: DOUDERA of Camden, GATTINE of Westbrook, GRAMLICH of Old 
Orchard Beach, MOONEN of Portland, SACHS of Freeport, SAYRE of Kennebunk, STOVER 
of Boothbay, Senator: LAWRENCE of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA c. 763 is enacted to read:
CHAPTER 763
FIREARM INDUSTRY
§9001.  Firearm industry member liability
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Firearm industry 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 and 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 who acts in concert or participation with one or more such 
persons, firms, corporations, companies, partnerships, societies, joint stock companies 
or other entities or associations. 
B. "Firearm-related product" means any 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 in the State or that is possessed in the State and is reasonably foreseeable to 
be possessed or used in the State.
C. "Firearm trafficker" means a person who acquires, transfers or attempts to acquire 
or transfer a firearm for purposes of unlawful commerce.
D. "Reasonable controls" means reasonable procedures, acts or practices that are 
designed, implemented and enforced to:
(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, 
a firearm trafficker, a person prohibited from possessing a firearm under state or 
federal law or a person who the firearm industry member has reasonable cause to 
believe is at substantial risk of using a firearm-related product to harm the person 
or another person or of possessing or using a firearm-related product unlawfully;
(2) Prevent the loss or theft of a firearm-related product from the firearm industry 
member; or
(3) Ensure that the firearm industry member complies with all provisions of state 
and federal law and does not otherwise promote the unlawful manufacture, sale, 
possession, marketing or use of a firearm-related product.
E. "Straw purchaser" means a person who conceals or intends to conceal from a person 
that the purchase of a firearm-related product is being made on behalf of a 3rd party. 
"Straw purchaser" does not include a bona fide gift to a person who is not prohibited 
by law from possessing or receiving a firearm-related product. A gift to a person is not 
a bona fide gift if the person has offered or given the purchaser a service or thing of 
value to acquire the firearm-related product for the person. 
2. Requirements for firearm industry members.  A firearm industry member shall:
A. Establish, implement and enforce reasonable controls; and 
B. Take reasonable precautions to ensure that the firearm industry member does not 
knowingly sell, distribute or provide a firearm-related product to a downstream 
distributor or retailer of firearm-related products that fails to establish, implement or 
enforce reasonable controls.
3. Prohibited conduct.  A firearm industry member may not knowingly manufacture, 
market, import, offer for wholesale sale or offer for retail sale a firearm-related product that 
is abnormally dangerous and likely to create an unreasonable risk of harm under this 
subsection to public health and safety in the State. For the purposes of this subsection:
A. There is a rebuttable presumption that a firearm-related product is abnormally 
dangerous and likely to create an unreasonable risk of harm to public health and safety 
if:
(1) The firearm-related product's features render the product most suitable for 
assaultive purposes instead of lawful self-defense, hunting or other legitimate sport 
and recreational activities;
(2) The firearm-related product is designed, sold or marketed in a manner that 
foreseeably promotes conversion of legal firearm-related products into illegal 
firearm-related products; or
(3) The firearm-related product is designed, sold or marketed in a manner that is 
targeted at minors or other individuals who are legally prohibited from accessing 
firearms; and
B. A firearm-related product may not be considered abnormally dangerous and likely 
to create an unreasonable risk of harm to public health and safety based on a firearm's 
inherent capacity to cause injury or lethal harm.
4. Violation and enforcement.  A person who has suffered harm in the State 
proximately caused by a firearm industry member's intentional or knowing violation of the 
requirements in subsection 2 or 3 may bring an action for the recovery of damages or 
injunctive relief in the courts of the State or federal district court.
5. Unfair trade practice.  A violation of subsection 2 or 3 is prima facie evidence of 
a violation of Title 5, chapter 10.
6. Prohibited defenses.  Notwithstanding any provision of law to the contrary, the 
following are not defenses to an action brought under this chapter:
A. Nonmutual issue preclusion or nonmutual claim preclusion; 
B. A defendant's ignorance or mistake of law; or
C. A defendant's belief that the requirements of this chapter are unconstitutional or 
were unconstitutional. 
7. Attorney's fees and costs.  Notwithstanding any provision of law to the contrary, 
including Title 5, section 213, subsection 2, a court may not award attorney's fees or costs 
to a defendant in an action brought under this chapter. 
8.  Exemptions.  Under this chapter:
A. An action may not be brought by a person injured by a firearm-related product while 
that person was committing a crime;
B. The scope of any cause of action available to a person injured by a firearm-related 
product is not limited, other than as provided by this section; and
C. Recovery is not allowed for a self-inflicted injury that results from a reckless, 
wanton or willful discharge of a firearm-related product.
SUMMARY
This bill creates a cause of action against a firearm industry member's intentional or 
knowing manufacturing, marketing, importing, offering for wholesale sale or offering for 
retail sale a firearm-related product that is abnormally dangerous and likely to create an 
unreasonable risk of harm to public health and safety in the State. A firearm-related product 
is not considered abnormally dangerous and likely to create an unreasonable risk of harm 
to public health and safety based on a firearm's inherent capacity to cause injury or lethal 
harm. A violation is prima facie evidence of an unfair trade practice, but attorney's fees and 
costs may not be awarded.  Exempted from the action are actions brought by persons 
injured with a firearm while committing a crime or self-inflicted injury from a reckless, 
wanton or willful discharge of the firearm.