When gun-ban advocate Abigail Spanberger won the Virginia governor election in early November, gun-rights supporters in the commonwealth knew they’d be on the defensive soon. But they didn’t realize just how soon.
Spanberger hasn’t taken office yet, but a new measure recently introduced in Richmond, which could run some small gun sellers out of business, will be in play when the state legislature adjourns on January 14. House Bill 21 would create standards of conduct for members of the firearm industry, including retailers, and if these standards aren’t followed, it would allow the Office of the Attorney General to pursue charges.
Of course, there are already “standards of conduct” for those within the firearms industry. They are called federal laws, and both gunmakers and gun sellers are required to follow those laws or face harsh penalties. But apparently, Virginia Democrats want to make it even more difficult for gun sellers to ply their lawful trade, threatening them with harsh legal action if they don’t live up to those Democrats’ newly made-up “standards.”
“A firearm industry member, by conduct unlawful in itself or unreasonable under all the circumstances, may not knowingly or recklessly create, maintain, or contribute to a public nuisance through the sale, manufacture, importing, or marketing of a firearm-related product,” the measure states. “A firearm industry member shall establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member’s firearm-related products.”
Firearms industry members must already follow federal law. But the Virginia measure seems designed to trap them with confusing, hard-to-define language such as “unreasonable,” “public nuisance,” and “reasonable controls.”
Of course, those who don’t live up to these new “standards” would face some harsh retribution from the state.
“A firearm industry member’s conduct constitutes a proximate cause of the public nuisance if the harm to the public is a reasonably foreseeable effect of the conduct, notwithstanding any intervening actions, including criminal actions by third parties,” the measure continues. “Whenever it appears to the Attorney General or the local county or city attorney that a firearm industry member has engaged or is engaging in conduct in violation of this section, the Attorney General or local county or city attorney may commence an action to seek and obtain (i) an injunction prohibiting the firearm industry member from continuing the conduct or engaging in the conduct or doing any acts in furtherance of the conduct, (ii) an order providing for abatement of the public nuisance at the expense of the firearm industry member, (iii) an order of restitution, (iv) an award of compensatory and punitive damages, (v) an award of reasonable attorney fees and costs of the action, and (vi) any other appropriate relief that may be awarded by the court.”
The measure also includes a section that runs afoul of the federal Protection of Lawful Commerce in Arms Act (PLCAA), which was passed to stop frivolous lawsuits seeking damages for criminal use of legally made and lawfully sold products.
“Any person that has been injured as a result of a firearm industry member’s acts or omissions in violation of this section may commence an action to seek and obtain (i) an injunction prohibiting the firearm industry member from continuing the conduct or engaging in the conduct or doing any acts in furtherance of the conduct, (ii) an award of compensatory and punitive damages, and (iii) an award of reasonable attorney fees and costs of the action,” the measure states. “To prevail in an action under this section, the party seeking relief is not required to demonstrate that the firearm industry member acted with the intent to engage in a public nuisance or otherwise cause harm to the public.”
That’s harsh punishment indeed, and could force some gun sellers out of business because of the added liability, according to gun shop owner Dylan Bassett.
“It’s tough to navigate it where it’s such an unknown,” Bassett told wcyb.com. “It’s kind of tough to see where we might be in a year as a shop.”
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