The House Judiciary Committee passed HB 114, the Firearm Industry Accountability Act, on a 7-to-4 vote Friday.
The bill governs every person involved in the sale, manufacturing, making, importing, distribution, advertising, or marketing of a firearm product.
The bill makes it a crime to falsely advertise a firearm, to use deceptive or unfair trade practices, to knowingly make anything that could negatively impact public safety during their activities involving firearms.
It also requires firearm industry members to create controls and procedures to prevent a firearm from being lost or stolen, ensure compliance with federal and state laws and prevent straw purchases in certain cases.
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Civil penalties for noncompliance include fines up to $1,000 or $5,000 if the firearm industry member was found by a court of law to be willful in their actions.
“Private causes of action, including class actions, are also authorized, resulting in equitable relief even without proof of damages and absent intent to damage, deceive, or take unfair advantage. In the event of harm, damages, including punitive, equitable, or compensatory damages may be awarded, the bill’s fiscal impact report states.
Some of those who spoke during the public comment in opposition of the bill did so due to it having federal counterpart laws that were already enacted including the False Advertising Act and the Unfair Trade Practices Act. These issues were remedied in a committee substitute bill passed by the House Consumer and Public Affairs Committee on Jan. 23.
The bill now progresses to the House floor.