West Virginia legislation · 2025 Regular Session
West Virginia HB2067: West Virginia Firearms Liability Clarification Act
Status: Passed both chambers, April 25, 2025
The purpose of this bill is to create the West Virginia Firearms Liability Clarification Act. The bill provides for a short title. The bill sets forth legislative findings and the intent of the article. The bill provides for definitions. The bill provides limitations on negligent marketing claims. The bill creates a predicate exception limitation. The bill sets forth enforcement and penalties. The bill creates a private right of action. The bill provides for severability. Finally, the bill provides for an effective date.
What the bill says
An act to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-7C-1, §61-7C-2, §61-7C-3, and §61-7C-4; all relating to the creation of the West Virginia Firearms Marketing Clarification Act; providing for a short title; providing for definitions; providing limitations on negligent marketing claims; and creating a predicate exception limitation. ARTICLE 7C. WEST VIRGINIA FIREARMS MARKETING CLARIFICATION ACT. §61-7C-1. Short title. This article shall be known and may be cited as the "West Virginia Firearms Marketing Clarification Act." §61-7C-2. Defi.
From the enrolled text, April 8, 2025:
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-7C-1, §61-7C-2, §61-7C-3, and §61-7C-4; all relating to the creation of the West Virginia Firearms Marketing Clarification Act; providing for a short title; providing for definitions; providing limitations on negligent marketing claims; and creating a predicate exception limitation. ARTICLE 7C. WEST VIRGINIA FIREARMS MARKETING CLARIFICATION ACT. §61-7C-1. Short title. This article shall be known and may be cited as the "West Virginia Firearms Marketing Clarification Act." §61-7C-2. Definitions. For the purposes of this "Manufacturer" means any person engaged in the business of manufacturing firearms or ammunition for sale or distribution; "Negligent marketing" means any advertising, promotion, or marketing practice by a manufacturer or seller that directly poses a foreseeable and substantial risk of harm to the purchaser or specific identifiable individuals; "PLCAA" means the Protection of Lawful Commerce in Arms Act of 2005, 15 U.S.C. 105, et seq.; and "Seller" means any person engaged in the business of selling firearms or ammunition at wholesale or retail. §61-7C-3. Limitations on negligent marketing claims. (a) A person may bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition only if all of the following conditions are (2) The marketing practice encouraged or facilitated the unlawful use of firearms; (3) …