In a public hearing by the Maine Legislature’s Judiciary Committee on Wednesday morning, Rep. Rebecca Millett (D-Cape Elizabeth) struggled to clearly define the terms “abnormally dangerous” and “assault style weapons” in relation to her proposed bill to hold firearm manufacturers liable for damages inflicted by people who use their products.
WATCH: Rep. Rebecca Millet Crumbles Under Question From Rep. John Andrews
Rep. Millett’s LD 1696, “An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms,” would allow firearm manufacturers to be held liable for the manufacturing, marketing, importing, wholesale or retail sale of a firearm that is considered “abnormally dangerous” and causes “unreasonable risk of harm to public health and safety” in Maine.
Millett began her testimony before the Judiciary Committee by saying that every industry other than firearm manufacturers are held accountable through civil liability. She gave the examples of toy manufacturers selling defective toys, and toxic fumes in buildings.
Millett went on to blame the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) for allowing firearm manufacturers to be knowingly irresponsible in their distribution of firearms and to “recklessly skirt” federal regulations.
The PLCAA is a federal law which prohibits civil liability actions from being brought against firearms and ammunition manufacturers, distributors, dealers, or importers for damages resulting from crimes committed with their products.
Under the PLCAA, firearm manufacturers may still be held civilly responsible for damages caused by defective products, breach of contract, criminal misconduct, or any other direct responsibility for the damages in question.
Millett said that her proposed bill would only apply to “abnormally dangerous” firearms, not those made for self-defense, hunting, or recreation.
Millett hopes that her bill will compel firearm manufacturers to stop selling to dealers who fuel the criminal market, and encourage basic safety measures among manufacturers and retailers.
However, upon taking questions from members of the Judiciary Committee, Millett struggled to answer seemingly basic questions about the terminology used in her proposed bill and claims made in her testimony.
When asked by Rep. John Andrews (R-Paris) to define “abnormally dangerous,” Millett said that any “assault style weapon” would fall under that category.
Rep. Andrews asked Millett to point to where in her proposed bill “assault style weapon” was defined, and Millett was unable to provide a definition.
Sen. Anne Carney (D-Cumberland), Senate Chair of the Judiciary Committee, asked Millett to provide a citation on the claim that firearms were flowing from manufacturers to criminal dealers. Millett was unable to provide a citation for this claim.
John Andrews asked Millett to give an example of any firearm manufacturer who does not go through the federally mandated process of selling firearms to federally licensed dealers. Millett was unable to give any examples of any firearm manufacturers violating federal law.
