Lawmakers in Richmond want to hold the gun industry responsible under what’s called public nuisance laws; if the gun dealer or manufacturer acts irresponsibly, they could be financially responsible.
Second amendment advocates aren’t happy about it, but the law is working in other states.
“A manufacturer of a toy gun who creates defects in their toy is liable but a gun manufacturer or dealer who does the same thing can’t be sued," said Fairfax-area Delegate Dan Helmer describing his proposed law that’s working its way through both legislative chambers. "And we’re fixing that in Virginia.”
They’re called public nuisance laws; if a company makes a public nuisance, they can be sued for financial damages. It was the backbone of the successful opioid lawsuits that saw Virginia collect millions in settlements with drug companies.
But Floyd County Republican Wren Williams argued the effort is preempted by 2005 federal law which limits lawsuits against the gun industry.
“It manufactures a state law violation so the lawsuits congress banned can start right back up here in Virginia,” Williams said in the House chamber.
New York was among the first states to expand liability to gun manufacturers. Since passed in 2021, the empire state has successfully defended the law from those federal preemption concerns and landed a multimillion-dollar judgement against ghost gun manufacturers.
Fairfax County Senator Jennifer Carrol Foy has a version of the bill in the Senate.
“We regulate everything from tires to teddy bears, but we don’t regulate the gun industry. It is one of the only industries to have almost complete immunity and we don’t want that," Carrol Foy told Radio IQ. "No one is above the law.”
The matching bills are likely to land on Governor Abigail Spanberger’s desk in the coming weeks.
