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 sets forth specific conditions under which a person may bring a negligent marketing claim against a manufacturer or seller. These conditions include targeting individuals prohibited from owning firearms, encouraging unlawful use, establishing direct causation between the marketing practice and harm, and violating a relevant state or federal statute.

Additionally, the Act clarifies the limitations of the predicate exception under the Protection of Lawful Commerce in Arms Act (PLCAA). It specifies that claims can only proceed if a 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 states that general consumer protection laws 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