Public Safety - Licensed Firearms Dealers (Firearms Dealers' Safety Act)
2020 MDGA - Testimony in Opposition to SB816 and HB1257Requiring a certain licensed firearms dealer to keep certain electronic records; requiring a licensed dealer to update certain records 1 day after the acquisition of a firearm and 7 days after the sale or disposition of a firearm; requiring a licensed dealer to create a certain video and audio recording and to keep the recording for a certain period of time; requiring a licensed dealer to provide a certain video and audio recording to certain persons under certain circumstances; etc.
Next, the bills create a new Section 5-148 to provide that A LICENSED DEALER SHALL AT ALL TIMES MAINTAIN LIABILITY INSURANCE FOR THE ACTS OF ANOTHER USING A FIREARM SOLD, RENTED, OR TRANSFERRED BY THE LICENSED DEALER IN THE AMOUNT OF AT LEAST $2,000,000. A violation of this provision is punishable by a civil penalty of $1,000 on first offense and 3 years in prison and a $10,000 fine for any subsequent offense. The bills also mandate, in new Section 5-149, that a dealer REPORT ANY THEFT OF A FIREARM FROM THE LICENSED DEALER’S PLACE OF BUSINESS TO A LAW ENFORCEMENT AGENCY, AS DEFINED IN § 3–201 OF THIS ARTICLE, IMMEDIATELY UPON DISCOVERING THE THEFT. Any failure to “immediately” report the theft is punishable by a $1,000 civil fine on the first offense and 3 years imprisonment and a $10,000 fine for any second offense. Nowhere does the bill explain why dealers should be required to insure against the harm caused by the wrongful acts of another where the sale was otherwise fully legal. At common law, the negligent or unlawful acts of another are an intervening or superseding cause for which the dealer cannot be held liable. See Pittway Corp. v. Collins, 409 Md. 218, 248-49 (2009); Section 442 of the Restatement (Second) of Torts. Dealers are not guarantors against harm inflicted by otherwise lawful purchasers.