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HB 2067

West Virginia Firearms Liability Clarification Act

2025 Regular Session Introduced by Chris Anders and 9 co-sponsors

The West Virginia Firearms Liability Clarification Act protects firearm manufacturers and sellers from frivolous lawsuits over negligent marketing, ensuring clearer legal standards.

Chapter 208, Acts, Regular Session, 2025
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Bill Summary · HB 2067

Summary of HB 2067: West Virginia Firearms Liability Clarification Act

Purpose and Intent

House Bill 2067, known as the West Virginia Firearms Liability Clarification Act, aims to clarify the legal framework surrounding negligent marketing claims against firearms manufacturers and sellers. The bill seeks to ensure that these entities are not unfairly held liable for the criminal misuse of their products, thereby reinforcing protections established under the Protection of Lawful Commerce in Arms Act (PLCAA).

Key Provisions

The bill introduces several important provisions, which include:

1. Short Title

  • The act may be cited as the "West Virginia Firearms Liability Clarification Act."

2. Definitions

  • Firearm: Defined as any weapon designed to expel a projectile by explosive action.
  • Manufacturer: Any person or entity engaged in the business of manufacturing firearms or ammunition.
  • Seller: Any person or entity engaged in the wholesale or retail sale of firearms or ammunition.
  • Negligent Marketing: Defined as marketing practices that pose a foreseeable risk of harm to identifiable individuals.

3. Limitations on Negligent Marketing Claims

  • Claims can only be brought if:
    • The marketing targeted individuals prohibited from owning firearms.
    • The marketing encouraged unlawful use of firearms.
    • There is a direct causal link between the marketing and the harm suffered.
    • The marketing violated a specific state or federal statute regulating firearms.

4. Predicate Exception Limitation

  • Claims under the PLCAA can only proceed if:
    • The statute cited explicitly regulates firearms.
    • The statute provides clear requirements that were not met.
    • The violation directly caused the harm.
  • General consumer protection laws cannot be used to circumvent the PLCAA.

5. Severability

  • If any provision of the act is found invalid, the remaining provisions will still be enforceable.

6. Enforcement and Penalties

  • The West Virginia Attorney General is authorized to enforce the act.
  • Individuals bringing claims in violation of the act may face dismissal of their claims and be liable for the defendant's attorney fees.

7. Private Right of Action

  • Manufacturers or sellers harmed by negligent marketing claims may pursue civil action for damages and attorney fees.

Impact

The West Virginia Firearms Liability Clarification Act is expected to:
- Protect firearms manufacturers and sellers from frivolous lawsuits.
- Clarify the conditions under which negligent marketing claims can be pursued, thus reducing legal ambiguities.
- Maintain the integrity of the PLCAA by preventing broad interpretations that could undermine its protections.

Procedural Aspects

  • Introduced: January 29, 2025
  • Status: Enacted as Chapter 208, Acts, Regular Session, 2025, and approved by the Governor on April 25, 2025.
  • Effective Date: The provisions of the act will take effect on January 1, 2026.

This legislation represents a significant step in shaping the legal landscape for firearms marketing and liability in West Virginia, aiming to balance consumer protection with the rights of manufacturers and sellers.

Compiled from official sources — confirm details with the bill’s official record.

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