Bill > HB2067

This bill establishes the West Virginia Firearms Marketing Clarification Act, which creates strict limitations on when individuals can file negligent marketing claims against firearms manufacturers and sellers. The bill defines key terms like "firearm" (using the federal definition of a weapon that expels a projectile by explosive action), "negligent marketing" (advertising practices that pose a foreseeable risk of harm), and references the Protection of Lawful Commerce in Arms Act (PLCAA). To bring a negligent marketing claim, plaintiffs must prove that the marketing practice directly targeted legally prohibited firearm owners, encouraged unlawful firearm use, directly caused harm, and violated a specific state or federal statute regulating firearm sales or marketing. The bill also narrowly interprets the predicate exception to the PLCAA, stipulating that only statutes explicitly regulating firearms with clear requirements can be used as a basis for claims, and explicitly excluding general consumer protection or public nuisance laws from being considered valid grounds for litigation. If these conditions are not met, courts must summarily dismiss such actions, effectively providing significant legal protection for firearms manufacturers and sellers against broad marketing-related lawsuits.

Government Affairs, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2067&year=2025&sessiontype=RS&btype=bill