Virginia Senate advances gun bill holding manufacturers, sellers liable
VENN
RICHMOND, Va. (WRIC) — Virginia Democrats are advancing a gun liability bill that calls for stricter industry regulations and accountability -- a measure previously vetoed by former Gov. Glenn Youngkin (R).
The Senate Courts of Justice Committee on Wednesday, Jan. 28, approved several gun control-related measures, including a bill sponsored by Sen. Jennifer Carroll Foy (D-Prince William) aimed at strengthening industry practices and holding firearms manufacturers accountable.
"We pretty much regulate everything in this country, from tobacco to tires to teddy bears, but not the gun industry. So the gun industry enjoys exclusive immunity and [they] are shielded from liability from the death and destruction their products cause," Caroll Foy said. "They are not forced or encouraged to implement better industry practices, because there is no option to sue."
Under Senate Bill 27, firearms manufacturers and distributors can be sued if they don't take "reasonable controls" to prevent illegal or dangerous sales. This includes preventing sales to straw purchasers, gun traffickers, people legally barred from having guns and individuals at substantial risk of harming themselves.
Sen. Bill Stanley (R-Franklin County) asked Caroll Foy for specific circumstances in which a firearms manufacturer would be sued, such as when a gun legally purchased by an adult gets into the hands of a juvenile or someone intending harm.
Caroll Foy stated those determinations would be up to the court, but it comes down to whether the manufacturer could have implemented better practices to protect the public.
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"You're putting these guns in interstate commerce, and so you are responsible for things that happen," she said.
Sen. Richard Stuart (R-King George) said the bill would put the firearms industry out of business in Virginia, and that "they would be crazy to sell anything" in the state.
Caroll Foy said if manufacturers comply with state and federal laws and don't promote unlawful sales, "then they have nothing to worry about."
Stanley called SB 27 a "terrible" bill, citing loopholes, unclear language and a lack of clearly defined circumstances under which manufacturers could be held liable.
The bill passed the committee along party lines.
