HF 4848

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/07/2026 11:49 a.m.

A bill for an act
relating to public safety; civil law; creating a public nuisance cause of action for
certain conduct related to the sale, marketing, importing, distribution, and
manufacturing of firearms; proposing coding for new law in Minnesota Statutes,
chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.22] CIVIL ACTION FOR PUBLIC NUISANCE BY FIREARM
INDUSTRY MEMBER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Firearm industry member" means a person engaged in the sale, manufacturing,
distribution, importing, or marketing of a firearm-related product.
new text end

new text begin (c) "Firearm-related product" means a product that meets any of the following conditions:
new text end

new text begin (1) was sold, made, distributed, or marketed in this state;
new text end

new text begin (2) was intended to be sold, made, distributed, or marketed in this state; or
new text end

new text begin (3) was possessed in this state, and it was reasonably foreseeable that the product would
be possessed or used in this state.
new text end

new text begin (d) "Firearm trafficker" means a person who acquires, transfers, or attempts to acquire
or transfer a firearm for purposes of unlawful commerce.
new text end

new text begin (e) "Product" means a firearm; ammunition; a firearm component, including unfinished
firearm frames or receivers; or a firearm accessory.
new text end

new text begin (f) "Public nuisance" means a condition which injures, endangers, or threatens to injure
or endanger, or contributes to the injury or endangerment of the health, safety, peace, comfort,
or convenience of others or otherwise constitutes a public nuisance under common law.
new text end

new text begin (g) "Reasonable controls" means reasonable procedures, safeguards, and business
practices that are designed to:
new text end

new text begin (1) 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,
or a person whom the firearm industry member has reasonable cause to believe is at
substantial risk of using a firearm-related product to harm themselves or unlawfully harm
another or of unlawfully possessing or using a firearm-related product;
new text end

new text begin (2) prevent the loss of a firearm-related product or theft of a firearm-related product
from a firearm industry member;
new text end

new text begin (3) ensure that the firearm industry member complies with all provisions of state and
federal law and does not otherwise promote the unlawful manufacture, sale, possession,
marketing, or use of a firearm-related product; and
new text end

new text begin (4) ensure that the firearm industry member does not engage in an act or practice in
violation of section 325D.44 or 325F.69.
new text end

new text begin (h) "Straw purchaser" means an individual who conceals or intends to conceal from a
person that the purchase of a firearm-related product is being made on behalf of a third
party. Straw purchaser does not include a bona fide gift to a person who is not prohibited
by law from possessing or receiving a firearm-related product. For purposes of this section,
a gift to a person is not a bona fide gift if the person has offered or given the purchaser a
service or thing of value to acquire the firearm-related product for the person.
new text end

new text begin Subd. 2. new text end

new text begin Nuisance prohibited. new text end

new text begin A firearm industry member, by conduct unlawful in
itself or unreasonable under all the circumstances, may not knowingly or recklessly create,
maintain, or contribute to a public nuisance through the sale, manufacturing, importing, or
marketing of a firearm-related product.
new text end

new text begin Subd. 3. new text end

new text begin Reasonable controls required. new text end

new text begin A firearm industry member shall establish and
implement reasonable controls regarding the manufacture, sale, distribution, use, and
marketing of the firearm industry member's firearm-related products.
new text end

new text begin Subd. 4. new text end

new text begin Violations. new text end

new text begin A violation of subdivision 2 or 3 is a public nuisance.
new text end

new text begin Subd. 5. new text end

new text begin Proximate cause. new text end

new text begin A firearm industry member's conduct constitutes a proximate
cause of the public nuisance if the harm to the public is a reasonably foreseeable effect of
the conduct, notwithstanding any intervening actions, including criminal actions by third
parties.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement; attorney general. new text end

new text begin Whenever it appears to the attorney general
that a firearm industry member has engaged in or is engaging in conduct in violation of this
section, the attorney general may commence an action to seek and obtain:
new text end

new text begin (1) an injunction prohibiting the firearm industry member from continuing the conduct
or engaging in the conduct or doing any acts in furtherance of the conduct;
new text end

new text begin (2) an order providing for abatement of the nuisance at the expense of the firearm industry
member;
new text end

new text begin (3) restitution;
new text end

new text begin (4) compensatory and punitive damages;
new text end

new text begin (5) reasonable attorney fees, filing fees, and reasonable costs of the action; or
new text end

new text begin (6) any other appropriate relief.
new text end

new text begin Subd. 7. new text end

new text begin Private cause of action. new text end

new text begin (a) A person that has been damaged as a result of a
firearm industry member's acts or omissions in violation of this section may commence an
action to seek and obtain:
new text end

new text begin (1) injunctive relief;
new text end

new text begin (2) compensatory and punitive damages; and
new text end

new text begin (3) reasonable attorney fees, filing fees, and reasonable costs of the action.
new text end

new text begin (b) If a person commences an action under this subdivision, the person shall within five
days of filing the complaint notify the attorney general of the filing of the complaint and
provide the attorney general with a copy of the complaint and any other documents or
pleadings filed with the complaint.
new text end

new text begin Subd. 8. new text end

new text begin No intent required. new text end

new text begin To prevail in an action under this section, the party seeking
relief is not required to demonstrate that the firearm industry member acted with the intent
to engage in a public nuisance or otherwise cause harm to the public.
new text end

new text begin Subd. 9. new text end

new text begin Construction. new text end

new text begin (a) This section may not be construed or implied to limit or
impair in any way any of the following:
new text end

new text begin (1) the right of a person to pursue a legal action under any other law; or
new text end

new text begin (2) an obligation or requirement placed on a firearm industry member by any other law.
new text end

new text begin (b) This section must be construed and applied in a manner that is consistent with the
requirements of the Minnesota Constitution and the United States Constitution.
new text end

new text begin Subd. 10. new text end

new text begin Other remedies. new text end

new text begin Nothing in this section is intended to restrict or alter the
availability of an action for relief from or to remedy a public nuisance at common law.
new text end