The West Virginia Firearms Marketing Clarification Act establishes new legal standards regarding negligent marketing claims related to firearms and ammunition. It defines key terms such as "firearm," "manufacturer," "seller," and "negligent marketing," and outlines the conditions under which a person may bring a negligent marketing claim against a manufacturer or seller. Specifically, claims can only be pursued if the marketing practices directly target individuals prohibited from owning firearms, encourage unlawful use, demonstrate a direct cause and substantial proximate cause of harm, and violate a specific state or federal statute regulating firearms marketing.

Additionally, the Act clarifies the limitations of the predicate exception under the Protection of Lawful Commerce in Arms Act (PLCAA). It stipulates that claims can only proceed if the cited statute explicitly regulates firearms, provides clear requirements that were not met, and the violation was a proximate cause of the harm. The Act also emphasizes that general consumer protection or public nuisance laws cannot be used to circumvent the PLCAA in the context of firearms marketing.

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
Committee Substitute: 61-7C-1, 61-7C-2, 61-7C-3, 61-7C-4, 61-7C-5
Engrossed Committee Substitute: 61-7C-1, 61-7C-2, 61-7C-3, 61-7C-4, 61-7C-5
Enrolled Committee Substitute: 61-7C-1, 61-7C-2, 61-7C-3, 61-7C-4