H. B. 4382
(By Delegates Overington, Webb, Modesitt,
Schadler, Evans, Leggett and L. Smith)
[Introduced February 3, 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 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 suits 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:
(1) 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;
(2) 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
reserved to the state.
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 lawful
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; damage or harm to property owned or
leased by a county or municipality caused by a defective firearm
or ammunition; personal injury or death, if such action arises
from a county's or municipality's claim for subrogation; or
injunctive relief to enforce a valid ordinance, statute, or
regulation.
NOTE: The purpose of this bill is to declare that the lawful
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, with certain exceptions, is
the strict prerogative of the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.