Firearm industry liability bill clears Virginia General Assembly

A bill that would set new standards of conduct for firearm manufacturers and sellers passed the Virginia House of Delegates Feb. 16 after previously clearing the Senate, sending the measure to the governor’s desk. 

SB 27, patroned by Sen. Jeniffer D. Carroll Foy, D-Fairfax, requires firearm industry members to establish “reasonable controls” over how firearms and related products are manufactured, sold, distributed and marketed. The bill aims to prevent illegal gun sales, theft, and misuse while creating a civil enforcement process for violations. 

The House passed the bill on a 61-36 near party-line vote after adopting a substitute version in the House Public Safety Committee, where it advanced on a 13-7 vote. The Senate passed the bill earlier this month on a 21-19 party-line vote. 

Under the bill, firearm businesses would be required to implement safeguards intended to prevent sales to straw purchasers, gun traffickers and people prohibited from possessing firearms under state or federal law. Companies would also need to reduce firearm theft and loss, follow existing gun laws and prevent illegal modifications such as the use of auto sears, which can convert firearms into automatic weapons. 

The bill also prohibits firearm industry members from knowingly or recklessly contributing to a public nuisance through the manufacturing, sale, or marketing of firearm-related products. Enforcement would occur through civil lawsuits, allowing the attorney general, local attorneys or people harmed by violations to seek court orders, damages, and legal costs. 

Debate among lawmakers focused on whether lawful gun dealers could still face lawsuits. 

Del. Daniel I. Helmer, D-Fairfax, said, “If a firearms dealer operates responsibly and within the laws of Virginia… they’re going to be safe under this bill.”

Del. Wren M. Williams, R-Patrick, said the focus of gun legislation this year is not on “bad actors,” meaning the Virginians who misuse firearms, but on lawful businesses throughout the supply chain. 

“If you make it too expensive to sell, make it too risky to distribute, make it too dangerous to manufacture, Williams said, “You don’t even need to ban a single firearm. You just have to make sure nobody can buy one.”