When it comes to the right to keep and bear arms, West Virginia really is ‘Best’ Virginia. Unlike their neighbor to the east, gun owners in West Virginia can (among other things) carry without the need for a permit and can bear arms on public university campuses. Virginia Gov. Glenn Youngkin hasn’t had the opportunity to sign any pro-2A legislation into law (instead vetoing dozens of gun control bills during his time in office), but West Virginia Gov. Patrick Morrissey recently put pen to paper and enshrined three new protections for gun owners and the firearms industry into statute; drawing praise from groups like the National Shooting Sports Foundation.
“Governor Morrisey shows through his signature on these laws that the firearm industry and Second Amendment rights are vital to West Virginians and ‘lawfare’ abuse of the courts won’t be tolerated,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Governor Morrisey’s commitment to the lawful commerce in arms and free exercise of the rights to keep and bear arms in West Virginia is unparalleled. The tremendous bipartisan support for these laws by West Virginia lawmakers shows that freedom grows in West Virginia. The firearm industry is grateful for their example and Governor Morrisey’s leadership to sign into law these protections that will benefit their fellow citizens.”
Gov. Morrisey signed the following legislation:
- House Bill 2067, the West Virginia Firearms Liability Clarification Act, which ensures firearm companies are not unfairly held liable for the actions of those who use their products. The law provides limitations on negligent marketing claims against a seller or manufacturer of firearms or ammunition and creates a “predicate exception limitation.” The law will go into effect on July 7, 2025.
- House Bill 3342, the Firearms Industry Nondiscrimination Act, which prohibits banks that contract with the state from discriminating against a firearm entity or firearm trade association. This law is an NSSF priority and was specifically requested by Gov. Morrisey. It will go into effect on July 8, 2025.
- Senate Bill 270 prohibits the government from suspending gun rights during declared emergencies or disaster responses. The law declares the “sale and manufacture of firearms essential business during declared emergency.” This law goes into effect on July 8, 2025.
Morrisey previously served as West Virginia’s Attorney General, so he’s well aware of the lawfare waged against the firearms industry, even in red states. Though West Virginia already has a state-level version of the Protection of Lawful Commerce in Arms Act in place, HB 2067 ensures that junk lawsuits can’t be filed against gun makers and sellers accusing them of contributing to crime through their advertising or marketing practices. Under the new law, a lawsuit based on a negligent marketing claim can only proceed if all of these conditions are met:
– The marketing practice directly targeted individuals who are legally prohibited from owning firearms;
– The marketing practice encouraged or facilitated the unlawful use of firearms;
– There is direct cause and substantial proximate cause between the marketing practice and the harm suffered by the plaintiff; and
– The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.
HB 3342 is also a valuable protection for the firearms industry, and West Virginia joins several other states in adopting the measure that punishes banks and financial institutions that treat gun makers and sellers as part of a disfavored sector of the economy.
SB 270, meanwhile, will ensure that West Virginians don’t lose access to their right to keep and bear arms during a state of emergency; either in terms of being able to lawfully carry for defense of self or others or their ability to acquire a firearm when the excrement hits the oscillating blades. Granted, it’s unlikely that the ruby-red state government would take any steps to deprive residents of their Second Amendment rights when the chips are down, but you never know what local governments might try to do, especially in the blue specks in the state centered in cities like Morgantown and Charleston.
As NSSF noted, these bills actually passed with support of politicians from both parties, and it’s great to see there are still some Democrats out there who don’t view our Second Amendment rights as a wrong that needs correction… or at least have the political acumen to realize that voting against these common sense measures is a good way to get defeated the next time they’re up for election.
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