CHARLESTON, WV — Governor Patrick Morrisey signed into law three major bills aimed at strengthening protections for the firearms industry and reinforcing Second Amendment rights in West Virginia. The legislation, passed with overwhelming bipartisan support, addresses negligent marketing claims, prohibits discrimination against firearm businesses by financial institutions, and protects firearms rights during declared emergencies.
House Bill 2067, known as the West Virginia Firearms Marketing Clarification Act, limits the ability to bring negligent marketing lawsuits against firearm manufacturers and sellers. Under the new law, claims can only proceed if specific, strict criteria are met, such as direct targeting of prohibited persons, encouragement of unlawful use, and a clear violation of explicit firearm-specific statutes. Courts are required to summarily dismiss cases that do not meet these standards, narrowing the interpretation of the “predicate exception” under the federal Protection of Lawful Commerce in Arms Act (PLCAA).
House Bill 3342, the Firearms Industry Nondiscrimination Act (FIND Act), prohibits financial institutions doing business with the state from discriminating against firearm-related businesses or trade associations. The law ensures that lawful firearm commerce cannot be targeted through discriminatory financial practices unless justified by traditional business reasons or compliance with regulatory directives. It also establishes civil remedies and allows the Attorney General to act against violators.
Senate Bill 270 amends state emergency management laws to prevent government officials from suspending or restricting firearms rights during declared emergencies. The legislation designates firearms businesses, including manufacturers, retailers, and shooting ranges, as essential services. It also prohibits the confiscation, restriction, or forced closure of these entities during emergencies except under narrowly defined circumstances involving direct criminal activity.
The new laws will take effect in early July 2025.
NSSF®, the Firearm Industry Trade Association, praised Gov. Morrisey’s leadership in a press release, calling the new laws essential to safeguarding lawful commerce in arms and protecting citizens’ constitutional rights.
Governor Morrisey stated, “As Governor, I will always support and defend West Virginians’ God-given constitutional rights. The bills I signed today further enshrine West Virginia’s strong support for the Second Amendment.”
These measures solidify West Virginia’s reputation as one of the most firearm-friendly states in the nation. By protecting lawful firearm commerce and ensuring constitutional rights are maintained even during emergencies, the state sets a strong example for others.
The passage of these bills reinforces the principle that responsible firearm ownership and lawful commerce should not be undermined by discriminatory practices or governmental overreach, especially during times of crisis.
