West Virginia § 61-7C-4 Predicate exception limitation; construction

West Virginia Statutes

§ 61-7C-4 — Predicate exception limitation; construction

West Virginia § 61-7C-4

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 7CWEST VIRGINIA FIREARMS MARKETING CLARIFICATION ACT

This text of West Virginia § 61-7C-4 (Predicate exception limitation; construction) 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-4 (2026).

Text

(a)The predicate exception under the PLCAA may not be interpreted broadly. A claim may proceed only if the specifically cited statute was violated in the following manner:

(1)The statute explicitly regulates firearms or ammunition;

(2)The statute provides clear, concrete requirements that the manufacturer or seller failed to meet; and

(3)The violation of the statute was a proximate cause of the harm in question.

(b)General state consumer protection laws or public nuisance laws may not be considered statutes "applicable to the sale or marketing" of firearms or ammunition for the purposes of the predicate exception.

(c)The predicate exception may not be interpreted broadly to result in general consumer marketing statutes circumventing the PLCAA.

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(a) The predicate exception under the PLCAA may not be interpreted broadly. A claim may proceed only if the specifically cited statute was violated in the following manner:

(1) The statute explicitly regulates firearms or ammunition;

(2) The statute provides clear, concrete requirements that the manufacturer or seller failed to meet; and

(3) The violation of the statute was a proximate cause of the harm in question.

(b) General state consumer protection laws or public nuisance laws may not be considered statutes "applicable to the sale or marketing" of firearms or ammunition for the purposes of the predicate exception.

(c) The predicate exception may not be interpreted broadly to result in general consumer marketing statutes circumventing the PLCAA.