West Virginia Firearms Liability Clarification Act

The requirement to prove a marketing practice directly targeted individuals legally prohibited from owning firearms was changed from a mandatory condition ('must') to a permissive one ('may'), effectively removing it as a strict barrier for plaintiffs.

The causation requirement was simplified by removing the phrase 'direct and substantial proximate cause,' changing it to just 'direct cause and substantial proximate cause,' which may lower the burden of proof for plaintiffs regarding how the marketing led to harm.

The definition of 'negligent marketing' was slightly altered to remove the word 'practice' from the list of covered activities, though the core meaning remains similar.

The rules for the 'predicate exception' (the legal loophole allowing lawsuits under specific state laws) were tightened by removing the requirement that the statute must provide 'clear, concrete requirements' and by explicitly banning broad interpretations that allow general consumer marketing laws to circumvent federal immunity.

A blank line was inserted after the committee report date in the bill header.

The version title was updated from 'Committee Substitute' to 'Engrossed Version' to reflect the bill's current legislative status.

Links to the previous 'Committee Substitute' version and the 'Enrolled Version' were removed from the navigation menu.

The 'Enrolled Version - Final Version' link was added to the navigation menu.

The bill title and short title were changed from 'Liability Clarification Act' to 'Marketing Clarification Act', shifting the focus to marketing practices rather than general liability.

The 'Legislative Findings and Intent' section was deleted, removing the text that criticized judges and juries for using emotion or political leanings in firearm cases.

Sections regarding enforcement penalties (fines for plaintiffs) and a private right of action (allowing manufacturers to sue) were removed entirely.

A new definition for the 'Protection of Lawful Commerce in Arms Act' (PLCAA) was added to clarify the federal law this bill interacts with.

The requirements for bringing a negligent marketing claim were slightly tightened by adding the word 'proximate' to the causal link requirement.