In this subtitle the following words have the meanings indicated. “Firearm” has the meaning stated in § 5–101 of the Public Safety Article. “Firearm” includes an antique firearm as defined in § 4–201 of the Criminal Law Article. “Firearm industry member” means a person engaged in the sale, manufacture, distribution, importation, or marketing of a firearm–related product. “Firearm–related product” means a firearm, ammunition, a component or part of a firearm, or a firearm accessory that is: Sold, manufactured, distributed, or marketed in the State; or Intended to be sold, manufactured, distributed, or marketed in the State. “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or transfer a firearm for the purpose of selling or disposing of the firearm in violation of State or federal law. “Reasonable controls” means policies that are designed: To 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; and A person who the firearm industry member has reasonable cause to believe intends to use the firearm–related product: To commit a crime; or To cause harm to the person or another person; To prevent the loss or theft of a firearm–related product from a firearm industry member; and To ensure that the firearm industry member complies with all provisions of State and federal law and does not otherwise promote the unlawful sale, manufacture, alteration, importation, marketing, possession, or use of a firearm–related product. “Straw purchaser” means a person who engages or attempts to engage in a straw purchase as defined in § 5–101 of the Public Safety Article.

A firearm industry member may not knowingly create, maintain, or contribute to harm to the public through the sale, manufacture, distribution, importation, or marketing of a firearm–related product by engaging in conduct that is: Unlawful; or Unreasonable under the totality of the circumstances. A firearm industry member shall establish and implement reasonable controls regarding the sale, manufacture, distribution, importation, marketing, possession, and use of the firearm industry member’s firearm–related products. A violation of this section is a public nuisance.

Subject to paragraph (2) of this subsection, the Attorney General, a county attorney, or the Baltimore City Solicitor may bring an action against a firearm industry member for a public nuisance caused by a violation of § 3–2502 of this subtitle. In an action brought under this subsection, the Attorney General, county attorney, or Baltimore City Solicitor may seek: Injunctive relief; Restitution; Compensatory and punitive damages; Reasonable attorney’s fees and costs; and Any other appropriate relief. A party seeking relief under this section is not required to prove that a firearm industry member acted with the intent to violate this subtitle.

Nothing in this subtitle may be construed to affect: Any other common law or statutory cause of action; or Any other obligation or restriction imposed on a firearm industry member under State or federal law.