Jennifer Carroll Foy
- Democratic
- Senator
- District 33
Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages. This bill is identical to HB 318.
Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages.
Passed by for the day
Vetoed by Governor
Governor's Action Deadline 11:59 p.m., April 8, 2024
Enrolled Bill Communicated to Governor on March 11, 2024
Signed by President
Impact statement from DPB (SB491ER)
Bill text as passed Senate and House (SB491ER)
Signed by Speaker
Enrolled
Passed House (51-Y 49-N)
VOTE: Passage (51-Y 49-N)
Read third time
Read second time
Reported from Public Safety (12-Y 10-N)
Read first time
Placed on Calendar
Referred to Committee on Public Safety
Impact statement from DPB (SB491E)
Read third time and passed Senate (21-Y 19-N)
Committee amendments agreed to
Reading of amendments waived
Read second time
Engrossed by Senate as amended SB491E
Printed as engrossed 24104526D-E
Constitutional reading dispensed (40-Y 0-N)
Reported from Finance and Appropriations (10-Y 5-N)
Senate committee, floor amendments and substitutes offered
Rereferred to Finance and Appropriations
Reported from Courts of Justice with amendments (9-Y 6-N)
Impact statement from DPB (SB491)
Prefiled and ordered printed; offered 01/10/24 24104526D
Referred to Committee for Courts of Justice
Bill Text Versions | Format |
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Prefiled and ordered printed; offered 01/10/24 24104526D | PDF HTML |
Printed as engrossed 24104526D-E | PDF HTML |
SB491ER | PDF HTML |
Document | Format |
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Fiscal Impact Statement: SB491FER122.PDF | |
Fiscal Impact Statement: SB491FE122.PDF | |
Fiscal Impact Statement: SB491F122.PDF | |
Amendment: SB491AS | HTML |
Amendment: SB491AG | HTML |
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