Maryland prohibits the imposition of strict liability for injuries to another that result from the criminal use of a firearm by a third person.1 This restriction does not apply if the person conspired with the third person to commit the criminal act in which the firearm was used or willfully aided, abetted, or caused the commission of the criminal act in which the firearm was used.  The legislature enacted this section to supersede Kelley v. R.G. Industries, Inc.,2 which had imposed strict liability on a manufacturer of “Saturday Night Specials” (otherwise known as Junk Guns) for their criminal misuse.

See our Immunity Statutes / Manufacturer Litigation policy summary for further information.

Notes
  1. Md. Code Ann., Pub. Safety § 5-402(b)(2). ⤴︎
  2. 497 A.2d 1143 (Md. 1985). ⤴︎