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HB 1158

AN ACT to create and enact a new section to chapter 44-04 of the North Dakota Century Code, relating to the exempt status of records related to petitions in possession of the secretary of state.

69th Legislative Assembly (2025-26) Introduced by Mike Berg and 7 co-sponsors

Allows private individuals harmed by unlawful conduct of firearm industry members to sue for damages and injunctive relief under existing nuisance law.

Filed with Secretary Of State 03/27
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Bill Summary · HB 1158

Summary — HB 1158: Civil Actions Against Firearm Industry Members — Private Right of Action

Status: Withdrawn by sponsor (withdrawn 2025-03-03)
Introduced: February 6, 2025 (Filed Nov. 12, 2024 per docket entry)
Jurisdiction / Source text: Maryland — proposed amendments to Courts & Judicial Proceedings §§ 3‑2502 / 3‑2503
Proposed effective date (if enacted): October 1, 2025

Purpose / Intent

To create a private right of action allowing individuals harmed by unlawful or unreasonable conduct of “firearm industry members” to sue those members for damages and equitable relief. The bill builds on existing Maryland law that treats certain firearm‑industry practices as a public nuisance and that currently authorizes only public enforcers (Attorney General, county attorneys, Baltimore City Solicitor) to bring suits.

Key provisions

  • Expands enforcement by adding subsection authorizing “a person” to bring an action for damages against a firearm industry member for injury or loss resulting from a violation of § 3‑2502 (the statute that defines prohibited conduct by firearm industry members).
  • Remedies available to a private plaintiff: injunctive relief; compensatory and punitive damages; and reasonable attorney’s fees and costs.
  • Procedural notification requirement: within 5 days after filing the complaint the private plaintiff must (1) notify the Attorney General that the action has been filed, and (2) provide the Attorney General with a copy of the complaint and any other pleadings filed with it.
  • Clarifies that plaintiffs are not required to prove intent by the firearm industry member to violate the statute (consistent with existing public‑enforcement standard).
  • Does not repeal or limit the Attorney General’s or local public officials’ existing authority to bring nuisance actions under § 3‑2502.

Who would be affected

  • Firearm industry members: persons or entities engaged in sale, manufacture, distribution, importation, or marketing of firearm‑related products — potentially subject to increased civil liability, defensive costs, and insurance impacts.
  • Individuals who sustain injury or loss attributable to the industry members’ unlawful or unreasonable conduct — would gain a private avenue to seek damages and injunctive relief.
  • Attorney General’s office: added obligation to receive notices/copies of private complaints (no material staffing/fiscal impact anticipated by fiscal analysis).
  • Courts and local governments: fiscal note anticipates no material statewide or local fiscal impact, though additional litigation could affect small parties and businesses.

Relation to existing law

  • § 3‑2502 (existing): makes it a public nuisance for a firearm industry member to knowingly create, maintain, or contribute to public harm by engaging in unlawful or unreasonable sales/manufacturing/distribution/marketing practices; requires firearm industry members to implement “reasonable controls” (e.g., measures to prevent straw purchasing, theft, sales to prohibited persons, and to comply with state/federal law).
  • HB 1158 would not change the definition of prohibited conduct; it only adds a private enforcement pathway and associated remedies/notice rule.

Fiscal & policy notes

  • Department of Legislative Services (fiscal note): no material effect on State or local finances; OAG can handle receipt of notices with existing resources. Small businesses (notably small firearms dealers) could face meaningful impacts from increased litigation exposure and higher insurance costs.

Procedural / timeline

  • Draft bill text expressly provides an effective date of October 1, 2025 if enacted.
  • Per the legislative record supplied, the bill was withdrawn by its sponsor on March 3, 2025, and therefore did not advance to enactment in this form.

If you want, I can:
- Produce a side‑by‑side comparison showing exactly how the bill amends § 3‑2503; or
- Draft a short explainer for affected stakeholders (firearm retailers, consumers, attorneys) describing practical compliance and litigation considerations.

Compiled from official sources — confirm details with the bill’s official record.

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