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Committee advances bill to limit certain firearm liability claims while preserving other causes of action
Summary
Committee adopted a strike-and-insert for House Bill 2067 to narrow negligent marketing claims against firearm manufacturers and sellers, clarifying how the federal Protection of Lawful Commerce in Arms Act (PLCAA) interacts with state claims; members discussed consumer protection limits and tort reform implications.
A Senate committee on Wednesday adopted a strike-and-insert amendment and voted to report House Bill 2067 to the full Senate. The bill seeks to clarify how state liability claims may proceed against firearm manufacturers and sellers in light of the federal Protection of Lawful Commerce in Arms Act (PLCAA).
"The purpose of this bill is to close loopholes in the federal Protection of Lawful Commerce in Arms Act," Committee Counsel said, summarizing the measure. The bill would permit a negligent marketing claim against a manufacturer or seller only when several conditions are met: the marketing directly targeted individuals legally prohibited from possessing firearms, the marketing encouraged or facilitated unlawful use, the marketing was a proximate cause of the plaintiff's harm, and the statute alleged to be violated explicitly regulates firearms or ammunition and provides concrete requirements that were not met.
Counsel told the committee that general consumer-protection or public-nuisance laws could not be used to impose liability in a way that circumvents the PLCAA. "This sort of contravenes the intent of the PLCAA," counsel said of strategies used in other states. Counsel also stressed the bill would not shield manufacturers or sellers from liability for defective products or deceptive sales practices.
Senator from Fayette asked whether the bill might inadvertently create new causes of action, and counsel answered that the measure was intended to reduce liability overall and that many of the enumerated factors already would be considered in court. A member with personal experience, the Senator from Upshur, described a prior civil suit against a dealer after a legally purchased firearm was stolen and later used in a homicide; he said the bill would protect small dealers and others from similar lawsuits.
The committee adopted the strike-and-insert by voice vote and voted to report House Bill 2067 to the full Senate with a recommendation that it pass as amended. A title amendment was noted as pending.
