West Virginia § 61-7C-3 Limitations on negligent marketing claims

West Virginia Statutes

§ 61-7C-3 — Limitations on negligent marketing claims

West Virginia § 61-7C-3

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 7CWEST VIRGINIA FIREARMS MARKETING CLARIFICATION ACT

This text of West Virginia § 61-7C-3 (Limitations on negligent marketing claims) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-7C-3 (2026).

Text

(a)A person may bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition only if all of the following conditions are met:

(1)The marketing practice directly targeted individuals who are legally prohibited from owning firearms;

(2)The marketing practice encouraged or facilitated the unlawful use of firearms;

(3)There is direct cause and substantial proximate cause between the marketing practice and the harm suffered by the plaintiff; and

(4)The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.

(b)If these conditions are not met, the court must, upon motion, summarily dismiss the action or dismiss an

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(a) A person may bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition only if all of the following conditions are met:

(1) The marketing practice directly targeted individuals who are legally prohibited from owning firearms;

(2) The marketing practice encouraged or facilitated the unlawful use of firearms;

(3) There is direct cause and substantial proximate cause between the marketing practice and the harm suffered by the plaintiff; and

(4) The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.

(b) If these conditions are not met, the court must, upon motion, summarily dismiss the action or dismiss any parties who are improperly joined.