H. B. 4138
(By Delegates Martin, Williams, Michael,
Mezzatesta, Varner, Shelton and Stemple)
[Introduced January 24, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend chapter fifty-five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article sixteen, relating
to the Legislature declaring that lawful design, marketing,
manufacture, or sale of firearms or ammunition to the public
is not an unreasonably dangerous activity; and providing
that the right to institute suit against firearms
manufacturers, dealers or sellers is the strict prerogative
of the state.
Be it enacted by the Legislature of West Virginia:
That chapter fifty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article sixteen, to read
as follows:
ARTICLE 16. LIMITATIONS OF ACTIONS REGARDING FIREARMS
MANUFACTURE AND SALE.
§55-16-1. Legislative declarations and purpose.
The Legislature hereby finds and declares:
(a) The lawful design, marketing, manufacture or sale of
firearms or ammunition to the public is not an unreasonably
dangerous activity and does not constitute a nuisance per se;
(b) To the extent the constitution of this state and the
United States protect citizens' rights to keep and bear arms,
the Legislature finds and declares that it is within the strict
prerogative of its own authority, and not the authority of any
county or municipality, to determine whether any manufacturer,
dealer or seller of firearms has engaged in any act or omission
that would create a cognizable action for damages, injunction or
otherwise.
§55-16-2. Authority to bring suit against manufacturers,
sellers, trade associations or dealers of
firearms.
The authority to bring suit and the right to recover against
any firearms or ammunition manufacturer, seller, trade
association or dealer of firearms by or on behalf of any county
or municipality in this state for damages, abatement or
injunctive relief resulting from or relating to the design,
manufacture, marketing, or sale of firearms or ammunition to the
public shall be reserved exclusively to the state: Provided,
That nothing contained in this article may prohibit a county or municipality from bringing an action for breach of contract or
warranty as to firearms or ammunition purchased by the county or
municipality.
NOTE: The purpose of this bill is to declare that the design,
marketing, manufacture or sale of firearms or ammunition to the
public is not an unreasonably dangerous activity; and to provide
that the right to institute suit against firearms manufacturers,
dealers or sellers is the strict prerogative of the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.