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2024 SESSION
SB 491 Firearm industry members; creates standards of responsible conduct, civil liability.
Introduced by: Jennifer D. Carroll Foy | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
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.
FULL TEXT
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104526D pdf | impact statement
- 02/09/24 Senate: Printed as engrossed 24104526D-E pdf | impact statement
- 02/26/24 Senate: Bill text as passed Senate and House (SB491ER) pdf | impact statement
AMENDMENTS
- Senate committee, floor amendments and substitutes offered
- Senate amendments
- Governor's veto explanation
HISTORY
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104526D
- 01/09/24 Senate: Referred to Committee for Courts of Justice
- 01/29/24 Senate: Reported from Courts of Justice with amendments (9-Y 6-N)
- 01/29/24 Senate: Rereferred to Finance and Appropriations
- 02/07/24 Senate: Reported from Finance and Appropriations (10-Y 5-N)
- 02/08/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/24 Senate: Printed as engrossed 24104526D-E
- 02/09/24 Senate: Read second time
- 02/09/24 Senate: Reading of amendments waived
- 02/09/24 Senate: Committee amendments agreed to
- 02/09/24 Senate: Engrossed by Senate as amended SB491E
- 02/12/24 Senate: Read third time and passed Senate (21-Y 19-N)
- 02/15/24 House: Placed on Calendar
- 02/15/24 House: Read first time
- 02/15/24 House: Referred to Committee on Public Safety
- 02/16/24 House: Reported from Public Safety (12-Y 10-N)
- 02/20/24 House: Read second time
- 02/21/24 House: Read third time
- 02/21/24 House: Passed House (51-Y 49-N)
- 02/21/24 House: VOTE: Passage (51-Y 49-N)
- 02/26/24 Senate: Enrolled
- 02/26/24 Senate: Bill text as passed Senate and House (SB491ER)
- 02/26/24 House: Signed by Speaker
- 02/28/24 Senate: Signed by President
- 03/11/24 Senate: Enrolled Bill Communicated to Governor on March 11, 2024
- 03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 03/26/24 Governor: Vetoed by Governor
- 04/17/24 Senate: Passed by for the day