Smith and Wesson has threatened to shutter its 44,000-square-foot Houlton facility if a Democratic gun control bill under consideration in Augusta becomes law.
The proposed bill passed this week by in the House of Representatives.
It would allow firearms manufacturers to be sued civilly over damages tied to the illegal sale or marketing of their products, a risk that could drive manufacturers out of the state, according to a Friday letter from the National Shooting Sports Foundation (NSSF), a national firearms industry trade association.
The bill, LD 1696, sponsored by Cape Elizabeth Democratic Rep. Rebecca Millett, would allow a civil cause of action to be brought against firearm industry members who “knowingly” sell or market a firearm-related product in a manner that promotes illegal modification, is targeted towards persons prohibited from possessing a firearm, or in a manner that is “unconscionable or deceptive.”
Although firearms manufacturers are protected from civil liability in most cases under the 2005 federal Protect of Lawful Commerce in Arms Act (PLCAA), except in instances of defective products, negligence or other criminal conduct, states may still pass their own legislation holding manufacturers and dealers to a higher legal standard.
Under Rep. Millett’s “Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms,” the Maine Attorney General would be empowered to investigate and sue firearms industry members for violations of the new sales and marketing guidelines, and to seek civil penalties between $10,000 and $100,000 for each violation.
[RELATED: Maine Attorney General Aaron Frey Signs Letter Urging Ban On Civilian Use of 5.56 Ammunition…]
Private individuals would also be allowed to bring a civil cause of action against firearms manufactures to seek the recovery of damages tied to violations of the provisions set forth in the bill, and for injunctive relief and “reasonable” attorney’s fees and costs.
The Maine House advanced the proposed bill Thursday night in a 76-72 vote.
In a Friday letter of opposition to LD 1696, an NSSF representative stated the close to 100 firearms-related businesses located in Maine, including a Smith and Wesson plant in Houlton, would “strongly consider relocation” to another state if the bill becomes law.
The Houlton Smith and Wesson plant, which opened in 1966, employs over 120 people and is one of Houlton’s largest employers.
[RELATED: Rep. Rebecca Millet Crumbles Under Question From Rep. John Andrews…]
In 2021, Smith and Wesson relocated its Springfield, Massachusetts headquarters and a plant in Connecticut to Tennessee — a loss of 750 jobs in New England — over proposed gun control legislation.
According to NSSF, the firearms industry in Maine contributes close to $660 million annually to the state’s economy, employs more than 3,800 Mainers and pays over $43 million in state taxes.
“LD 1696 is trying to use the threat of crushing liability to make it nearly impossible for our industry to operate,” NSSF Managing Director of Government and State Affairs Jake McGuigan wrote.
Referencing PLCAA, McGuigan argued that firearm manufacturers and retailers “are not responsible for the subsequent criminal misuse or illegal possession of their lawfully sold, non-defective products by remote third parties — criminals — over whom they have no control.”
“Firearm industry members are not legally responsible for illegal shooting any more than a cookware manufacturer is responsible if a criminal misuses a sharp kitchen knife to stab someone,” McGuigan wrote.
McGuigan wrote the proposed bill “is tantamount to declaring drunk driving a public nuisance and then imposing liability on Ford for lawfully designing, [making] and selling a car later used by a drunk driver who causes an accident.”
“If enacted, businesses in the firearm industry will abandon the Maine market to avoid a tidal wave of vexatious ‘regulation through litigation’ the bill is intended to bring about,” the NSSF representative wrote.
“Maine residents will no longer be able to exercise their Second Amendment right to purchase firearms,” he wrote.
Amazing how the democrats are in such a hurry to destroy our state!
Not the sate I grew up in or remember, bunch of crap.
So in the same sense if you can sue for something the manufacture has no control over then you should be able to sue the state for allowing the illegal sale. After all law enforcement is the states responsibility. You really couldn’t elect dumber people, the US laughs at Augusta.
Very good reporting Edward, Well Done!!
Will auto manufacturers or knife makers be next?
How about suing fork makers for making people fat or pencil companies for wrong answers on tests?
How many of these libidiots is from out of state?
What the hell is an abnormally dangerous firearm? Firearms are meant to kill; does it get more dangerous than this?
If you support the gun industry from lawsuits then you should support all industries for lawsuits. What’s good for one should be good for all.
So then, that would mean Maine citizens also have the right to sue the state of Maine, for damages, or injury, caused by ILLEGAL immigrants that have been allowed into the state by this legislature correct ? Gun manufacturers aren’t breaking any laws to conduct their business. The state of Maine most certainly IS.
More good paying jobs going south.
We don’t need the business.We have art stores and galleries.
Ms. Millet is obviously ignorant about firearms and their use. No firearm is dangerous unless placed in the wrong hands. This law would trigger lawsuits against car manufacturers when a person is injured or killed in accidents, or knife manufacturers in stabbings. Do Democrats think anything through?????
Democrats destroy everything they touch. Houlton will be a ghost town if they pull out. Name something that has improved our economy that democrats have proposed
There are some dumbass people in this legislature that wouldn’t know the butt end from the business end of a firearm. Sadly they are the ones pushing these stupid bills. Bye bye Smith and Wesson and the jobs the County can ill afford to lose. Criminals will alwaysKeep voting for these out of touch dems and Maine will in no time at all be the hell hole they are turning it into get there guns. All this will do is make it more difficult for law abiding citizens.. Of course that’s what the dems are always for. Make life more difficult for the little and exert more control over him. Oh, excuse me for using him. I realize someone might be offended that I didn’t use their proper pronoun.
Thank you for covering this the Senate shot it down as I am sure they found out that we knew about!
Fork made me fat. Do I have a case?
I assume the corpulent, smirking “Karen” in the picture is the author of this abomination. What’s next? A lawsuit against “Big Food” because it made her fat? Wake up Mainers; vote these dimwits out!
Corinne F Franklin
8 hours ago
Ms. Millet is obviously ignorant about firearms and their use. No firearm is dangerous unless placed in the wrong hands. This law would trigger lawsuits against car manufacturers when a person is injured or killed in accidents, or knife manufacturers in stabbings. Do Democrats think ?????
fixed it for you;)
If we cannot sue the gun manufacturers then we shouldn’t be able to sue any other industry. What’s good for one should be good for all. You know, EQUAL JUSTICE UNDER LAW – which is engraved above the entrance to our Supreme Court.
I’ll bet anything that Cape Elizabeth Democratic Rep. Rebecca Millett knows ABOSLUTELY NOTHING about guns, and instead reached out, or was contacted by Bloomberg’s Everytown For Gun Safety organization, which then drafted the legislation for her. On another note…Guns aren’t made for killing people. Guns are made for stopping a threat to your life. You only shoot till the treat is stopped or eliminated.
I think a 72 hour waiting period to murder the unborn might be a good idea,
Hey Mike Grove, can any manufacturer be sued because someone used their product illegally? Like a car being driven into a crowd on purpose, a knife manufacturer if the knife is used in a murder how about a hammer, box cutter etc? Now if the product is detective then yes even gun manufacturers can be sued. So as you say what’s good for one should good for another. Lets start with the hammers and knives since they are used quite a bit, ask Paul Pelosi.
This is what you voted for, now you can deal with it.
You voted for this so enjoy 😉 lmfao 🤣 😂