H. B. 2805
(By Delegates Overington, Canterbury, Romine,
Ashley, Yeager, Michael and Shaver)
[Introduced March 8,2001; 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 seventeen, 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 seventeen, to read as
follows:
ARTICLE 17. LIMITATIONS OF ACTIONS REGARDING FIREARMS MANUFACTURE
AND SALE.
§55-17-1. 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.
§55-17-2. 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.