A Bill has been introduced in the West Virginia House of Delegates that seeks to close a loophole in the Protection of Lawful Commerce in Arms Act (PLCAA) that was exploited by Sandy Hook families to destroy Remington and is now being used by Uvalde families to threaten Daniel Defense with a similar fate. Efforts like this one are unfortunately a necessary byproduct of blatant leftist subversion of Constitutional liberties and a federal government that refuses to defend those rights, a duty prioritized by the oath of office sworn by all elected officials and law enforcement personnel.
The West Virginia Firearms Liability Clarification Act is sponsored by Republican House Delegates Elias Coop-Gonzalez, Chuck Horst, Rick Hillenbrand, Daniel Linville, Chris Phillips, Dave Foggin, Thomas Clark, Chris Anders, and Pat McGeehan.
“The PLCAA provides essential protections to firearms manufacturers and sellers against certain lawsuits arising from the criminal or unlawful misuse of their products… The predicate exception within the PLCAA allows for certain lawsuits to proceed if the defendant knowingly violated a state or federal statute applicable to the sale or marketing of firearms, and such violation was a proximate cause of the harm,” the bill reads.
Legislators aim to close this loophole and address the deceptive use of “negligent marketing” claims, which plaintiffs deploy to manipulate the current wording of the PLCAA into cannibalizing itself.
“Recent litigation has demonstrated attempts to circumvent the PLCAA’s protections through broad interpretations of the predicate exception… A broad interpretation of the predicate exception could undermine the PLCAA’s purpose, effectively ‘swallowing the rule’ by allowing general statutes to circumvent the article’s protections,” the bill continues.
Such disingenuous tactics, clearly deployed by the leftist anti-Second Amendment groups to abuse the legal process and cause intentionally misplaced and irreparable punitive damage, are a signature move that Democrats are proud of. One rabidly anti-American house of ill repute known as Everytown for Gun Safety even publishes a guide on how to use the system to circumvent the law, outlining the importance of this bill as elements of the judicial branch have demonstrated either nefarious or emotionally incompetent intent from the bench, including to the extent that they allow such litigation to proceed.
“This legislation aims to prevent judicial activism or jury verdicts based upon emotion or political leanings, ensuring that manufacturers are not unfairly punished because their products were illegally used by criminals,” according to the West Virginia Firearms Liability Clarification Act.
The bill would make it unlawful to bring a “negligent marketing” claim against firearms and ammunition manufacturers and dealers unless all of a defined set of conditions are met. Those conditions include direct marketing to prohibited individuals, encouraging or facilitating unlawful use, and “a direct and substantial causal link between the marketing practice and the harm suffered by the plaintiff.” Additionally, the practice would need to be in violation of federal and state statutes that explicitly regulate firearms and ammunition marketing and sales in a manner clearly constituting “willful and knowing” conduct.
In addition, the bill lays out the criteria necessary for a claim to proceed in court, limiting broad interpretations of the predicate exception under the PLCAA to specific statutes explicitly regulating firearms or ammunition. The claim must also be clear as to requirements that a manufacturer or seller failed to meet, and that failure must have directly caused the harm in question. These conditions are bookended with a reminder of how we got here in the first place.
“General state consumer protection laws or public nuisance laws shall not be considered as statutes ‘applicable to the sale or marketing’ of firearms or ammunition for the purposes of the predicate exception… The broad interpretation of the predicate exception, which could ‘swallow the rule’ by allowing general statutes to circumvent the PLCAA, is explicitly rejected.”
Of course, a good bill should have some teeth, and this measure addresses that by making any person who files a “negligent marketing” suit in violation of these limitations subject to a dismissal of their claims and payment of the defendant’s reasonable attorney’s fees and expenses incurred. It also provides for a manufacturer or seller to bring civil action for damages and injunctive relief regarding any claim found in violation of the bill.
While it is unfortunate that we need immense clarification to keep leftist lawbreakers in line, it is encouraging to see that legislators are taking up the mantle to protect the rights of their constituents in the face of abject corruption. I encourage residents of West Virginia to contact their representatives and have meaningful discussions about support for this bill. For those in other parts of the country, send the bill to your local representative and put them in a position to demonstrate loyalty to their oath of office and the United States Constitution.
Typical Republican behavior, spending their time looking out for the profits of the firearms industry while looting the citizens treasury.
West Virginia receives almost half of the state budget from Federal spending, now frozen by President Musk, including funding for kids Headstart.
And after eight years of Republican corruption and mismanagement in both houses of the legislature and the governors mansion, our Republican governor tells us we are facing over $400 billion deficit.
Instead of addressing the looming budget shortfall and the hungry kids in West Virginia, the legislature is taking time to make sure the firearms industry’s profits are protected.
“What we have inherited’ | Gov. Morrisey projects $400 million deficit in upcoming state budget
Morrisey projects $400M budget shortfall
By Alyssa Hannahs and Curtis Johnson
Published: Jan. 16, 2025 at 3:19 PM EST
CHARLESTON, W.Va. (WSAZ) – “This is what we have inherited,” said West Virginia Gov. Patrick Morrisey on Thursday during a press conference regarding the state budget.
Morrisey gave the warning Thursday as he briefed reporters for the second time in three days. He is projecting a $400 million shortfall in the state’s next budget, which begins July 1 of this year, saying “this is where we stand on day one.”
“It’s not factoring in any new spending priorities or any proposed, additional tax cuts,” Morrisey said. “It’s not reflecting what it may cost to fix some of the problems.”
Morrisey said that the $400 million deficit is expected to grow.“
minor49iq…400 million is a drop in the bucket compared to the last four years of sleazy democRat fraud and abuse of taxpayer funds. And now You come here and regurgitate a snot nose demoCrap label like President Musk…only in your demented imagination. After all the concocted Russian Collusion and charges based on slander and lies it only shows your ignorance more…the shtpile is on you and your pathetic ilk azzhole.
If it were not for sick democRats and their unwavering love for an agenda History Confirms is Rooted in Racism and Genocide there would be no need for W VA legislators to deal with the laundery list of insane democRat Gun Control wants and desires.
Every cent and asset connected to the democRat Party should be seized and redistributed to pay for their democRat Party History of Race Based atrocities including the Gun Control that held the door open for slavery, burnings, lynching, etc.
Still winning…Judge basically goes ‘Whoopise, Trump can do this after all’…democrat lies and left winger resistance cry babies defeated…Judge WALKS BACK Ruling in Stunning Reversal on USAID Cuts.
h ttps://www.youtube.com/watch?v=dJJAZlYYu3E
“now frozen by President Musk, including funding for kids Headstart.”
100% false. first there is no ‘president Musk, second, no headstart funds have been frozen. that was not affected by the 90 day freeze.
all federal funds for everything they cry about (the head start and hungry kids) for fiscal year 2025, the year we are in now, was given to Virginia already prior the election. So what did Virginia do with the money?
Federal funds for a fiscal year are disbursed to funds receipants starting 1 Oct, so Virginia already received their federal funds for fiscal year 2025. The funds are not disbursed according to a states own fiscal year schedule. if they are 400 mil short due to their own fiscal year starting in July, then what did they do with the federal funds for 2025 they were already given?
h ttps://www.libertynation.com/the-signs-and-symptoms-of-musk-derangement-syndrome/
West Virginia ultimately will need some level of mining and manufacturing to be restarted to have any chance at a future. Unfortunately from where I sit that is a much easier problem to solve than what we are looking at in NY regardless of who is president.
“West Virginia ultimately will need some level of mining and manufacturing to be restarted to have any chance at a future“
The Republicans have had control of both the governors mansion and the legislature for eight years, if they were going to ‘restart’ West Virginia they would’ve already done it. They’ve been too busy looting the treasury with sweetheart deals for their political cronies.
and speaking of hungry kids, which I assume are kids in schools based upon the headstart thing which is a school program….every state in the country is eligible for free meals for all kids in school, they just need to apply for the funds. this is funded annually with federal funds and such funds were not affected by the freeze. If a state is not providing that saying they did not get funding someone at state is lying to you or plain stupid.
this is the same program Waltz exploited to claim he got free meals for kids in school suddenly. that was a lie, his state had been getting the funds and Waltz had been using them on something else while those kids went without.
you frigging left wingers are such liars.
“Waltz had been using them on something else while those kids went without“
You my friend are the one who is making false statements, you make this claim above and offer no evidence to support your bullshit.
Put up or shut up.
“Free School Meals for Kids Bill Signed Into Law
Gov. Tim Walz signed the Free School Meals for Kids bill on Friday, March 17. The Minnesota Department of Education (MDE) is excited to implement this program for our students in Minnesota. This legislation provides state reimbursement for a free breakfast and lunch to all students at schools participating in the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). The Free School Meals for Kids Program will start on July 1, 2023.“
“Waltz had been using them on something else while those kids went without“
Another unsupported claim, empty speech.
“you frigging left wingers are such liars“
Yet it is you making your child-like bullshit propaganda attempts.
“what did they do with the federal funds for 2025 they were already given?“
That would be a great question to ask the Republican supermajority legislature and the Republican governor, the Republicans have controlled WEST Virginia for the past eight years and the $400 million deficit is their responsibility.
Of course, don’t bother asking Republicans where the money is, they’ll just lie like Donald Trump.
President Musk? 400 billion? Your lack of education is showing, miner.
How bad are the democrats that those poor folk in WV were forced to vote for the gop?
When was the last time democrats pretended to give a fuck about West Virginia? One of the Clinton administrations?
“When was the last time democrats pretended to give a fuck about West Virginia?“
The last time there was a major disaster, Joe Biden stepped up and brought relief to West Virginia
“Release Date:
May 21, 2021
WASHINGTON — FEMA announced federal emergency aid has been made available to the state of West Virginia to supplement state and local recovery efforts in areas affected by severe storms from flooding from Feb. 27- March 4, 2021.
The President’s action makes federal funding available to affected individuals in Cabell, Kanawha, Mingo and Wayne counties.“
We just got slammed again, major flooding with at least three dead in Southern West Virginia, the Republican governor asked for help but Donald Trump has refused.
Republican Donald Trump hasn’t even been to West Virginia to throw paper towels at poor people.
Chaos Agent.
Nice of the Republicans to protect a vital industry from rapacious lawyers. Typical Democrat behavior, trying to bankrupt entrepreneurs with lawfare to further their civilian disarmament agenda.
IIRC, someone burglarized a museum in DC and stole an 100 year old firearm, and used it to commit a crime. The victim sued the manufacturer (!). Just in case you are wondering why the PLCAA was necessary in the first place.
“Typical Republican behavior, spending their time looking out for the profits of the firearms industry while looting the citizens treasury.”
Typical democrat behavior, spending their time looking out for the profits of THEMSELVES, while looting the citizens’ treasury while simultaneously lying about it on public forums and comment sections.
You are just a paid chaos agent. If this were a talk show, you’d be a “seminar caller”.
Well it stops here.
No kids here if there were they wouldn’t be hungry.
This little cabin sure smells good.
Pot of beans and bacon laced with molasses boiling on the wood stove powered by hickory.
Kerosene lanterns lighting the marvelous.
Life is good.
Sounds good, all except the kerosene lamp indoors can be a COPD issue..
If that cabin was in Southern West Virginia, the kids would be home because school is closed due to flood damage:
“By Andrew Colegrove
Published: Feb. 24, 2025 at 5:33 PM EST|Updated: 32 minutes ago
KERMIT, W.Va. (WSAZ) – Last week’s flooding caused a different kind of problem at Kermit PK8 in Mingo County.
A landslide happened right behind the building last Tuesday, bringing down a big chunk of their pavement.
In a Facebook post, the superintendent says their preliminary assessment shows the school building is sound, but the land along the bank is in danger of slipping further.“
Now do one about bidens fema giving the hurricane money to house illegals.
See, that’s the difference between your MAGA propaganda and my comments.
I post actual news stories from local reporters showing the extent of the damage, all you have are vague, childlike claims with no substantiation whatsoever.
Post the source documents supporting your claims…. The burden of proof is upon the one making the claim, otherwise it’s just vaporware.