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Chapter 55     Entire Code
‹ Chapter 54  |  Chapter 56 › Printer Friendly Versions
Chapter 55  |  Article 55 - 18
WVC 55- CHAPTER 55. ACTIONS, SUITS AND ARBITRATION;
JUDICIAL SALE.

WVC 55 - 18 - ARTICLE 18. LIMITATIONS OF ACTIONS REGARDING FIREARMS MANUFACTURE AND SALE.

WVC 55 - 18 - 1 §55-18-1. 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.

WVC 55 - 18 - 2 §55-18-2. 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 is 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: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§55 - 7 - 13 D - (Amended Code)
§55 - 7 B- 5 - (Amended Code)
SENATE BILL - 7
PASSED - Regular Session

SB7 SUB1 ENR  (Uploaded - 02/25/2016)
Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances
§55 - 7 I- 1 - (New Code)
§55 - 7 I- 2 - (New Code)
§55 - 7 I- 3 - (New Code)
§55 - 7 I- 4 - (New Code)
§55 - 7 I- 5 - (New Code)
§55 - 7 I- 6 - (New Code)
§55 - 7 I- 7 - (New Code)
SENATE BILL - 14
PASSED - Regular Session

SB14 ENR  (Uploaded - 02/23/2016)
Limiting successor corporation asbestos-related liabilities
§55 - 7 - 30 - (New Code)
SENATE BILL - 15
PASSED - Regular Session

SB15 enr  (Uploaded - 02/18/2016)
Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions
§55 - 2 - 21 - (Amended Code)
SENATE BILL - 29
PASSED - Regular Session

SB29 ENR  (Uploaded - 03/08/2016)
Tolling statute of limitations in certain cases
§55 - 7 B- 9 - (Amended Code)
§55 - 7 B- 9 C - (Amended Code)
SENATE BILL - 602
PASSED - Regular Session

SB602 SUB1 ENR  (Uploaded - 03/23/2016)
Relating to Patient Injury Compensation Fund
§55 - 7 - 23 - (Amended Code)
SENATE BILL - 627
PASSED - Regular Session

SB627 ENR  (Uploaded - 03/11/2016)
Permitting physician to decline prescribing controlled substance
§55 - 2 - 15 - (Amended Code)
HOUSE BILL - 2605
PASSED - Regular Session

hb2605 ENR  (Uploaded - 03/17/2016)
Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor
§55 - 7 J- 1 - (New Code)
§55 - 7 J- 2 - (New Code)
§55 - 7 J- 3 - (New Code)
§55 - 7 J- 4 - (New Code)
§55 - 7 J- 5 - (New Code)
§55 - 7 J- 6 - (New Code)
HOUSE BILL - 4309
PASSED - Regular Session

hb4309 ENR  (Uploaded - 03/23/2016)
Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly person
§55 - 7 B- 2 - (Amended Code)
HOUSE BILL - 4735
PASSED - Regular Session

hb4735 ENR  (Uploaded - 03/07/2016)
Relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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