As Blue States Look To Tighten Screws on the Gun Industry, West Virginia Adds Protections

Amid efforts by some states to weaken protections against gunmakers, West Virginia is joining a small group of states strengthening protections for manufacturers.Lawmakers have sent two bills to Governor Morrisey’s desk that would limit the ability to sue members of the firearms industry for third-party misuse of guns. One of the bills blocks any level of state government from entering into a contract with “anti-gun” companies.West Virginia’s Firearm Industry Nondiscrimination Act prohibits taxpayer dollars from going to any business that is found to discriminate against gun manufacturers and retailers by refusing to do business with them.The act addresses fallout from “Operation Choke Point” — an initiative of the Obama administration to coerce financial institutions to deny services to lawful firearms and ammunition companies.The goal was to coerce banks, third party payment processors, and other financial institutions into closing or denying business accounts that were classified as a “reputational risk.” Opponents accused the initiative of attempting to “debank” pawn shops and gunmakers considered “undesirable” by gun control advocates.“This legislation is a critical step in ensuring that lawful firearms manufacturers and sellers are protected from frivolous lawsuits that threaten our Second Amendment rights,” the sponsor of the bill, Delegate Elias Coop-Gonzalez, said. “I’m proud that West Virginia continues to lead the way in defending constitutional freedoms.” Mr. Morrisey is also expected to sign the West Virginia Firearms Marketing Clarification Act. The bill would severely limit the ability to sue a manufacturer or seller of firearms over marketing claims.West Virginia joins a small group of states, including Texas, Florida and Georgia, that have adopted identical legislation.The firearms industry trade association, the National Shooting Sports Foundation, has supported the bills, complaining that financial institutions have dictated public policy from their boardrooms, denying Americans their Second Amendment rights. The group wants Congress to pass a corresponding national bill.“This legislation is critical to ensuring ‘woke’ corporations don’t use their financial might, funded by taxpayers, to deny essential services to the firearm industry,” said the group’s vice president and general counsel, Lawrence G. Keane. While increasingly red West Virginia seeks protections, Democrat-controlled states are going in the opposite direction. Connecticut is considering the Firearms Industry Responsibility Act, which would make it easier to sue gunmakers if they fail to exercise “reasonable controls” of their products. The legislation gives a wide definition for what could be considered an offense.An Illinois law that went into effect in 2023 exposes businesses in the firearms industry to civil liability if they engage in business and marketing practices that are deemed illegal. New York, California, and New Jersey have passed similar laws.The state laws make it easier to file civil suits but the firearms industry is largely shielded from liability under federal law.A Supreme Court case could test that shield. The Mexican government is seeking $10 billion in damages from American gunmakers. Its lawsuit claims that gunmakers knowingly facilitate cartel violence by supplying weapons that are smuggled across the border.Gun manufacturers deny any responsibility and say they are shielded from liability under the Protection of Lawful Commerce in Arms Act that went into effect two decades ago after the industry faced a series of lawsuits that gun rights advocates considered frivolous.Supporters say if the high court sides with Mexico, it could “bankrupt the American firearms industry.” Justices heard arguments in Smith & Wesson Brands v. Estados Unidos Mexicanos in March but have not released a ruling.

As Blue States Look To Tighten Screws on the Gun Industry, West Virginia Adds Protections

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