The proposed bill aims to establish the "West Virginia Firearms Liability Clarification Act," which includes several key provisions designed to protect firearms manufacturers and sellers from liability related to the criminal misuse of their products. It outlines legislative findings that emphasize the importance of the Protection of Lawful Commerce in Arms Act (PLCAA) and seeks to clarify the limitations on negligent marketing claims. Specifically, the bill stipulates that such claims can only be pursued under strict conditions, including a direct link between the marketing practice and the harm suffered, and a violation of specific state or federal statutes regulating firearms sales and marketing.

Additionally, the bill introduces a predicate exception limitation, ensuring that claims can only proceed if they are based on statutes that explicitly regulate firearms and provide clear requirements that were not met. It also empowers the West Virginia Attorney General to enforce these provisions and establishes penalties for those who violate the article, including the dismissal of claims and the payment of attorney's fees. Furthermore, it grants manufacturers and sellers the right to take civil action against negligent marketing claims that violate the article, and it includes a severability clause to maintain the effectiveness of the remaining provisions if any part is deemed invalid. The act is set to take effect on January 1, 2026.

Statutes affected:
Introduced Version: 61-7C-1, 61-7C-2, 61-7C-3, 61-7C-4, 61-7C-5, 61-7C-6, 61-7C-7, 61-7C-8, 61-7C-9