Title 59.1. Trade and Commerce
Chapter 11.2. Virginia Firearm Industry Standards of Responsible Conduct
§ 59.1-148.5. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Firearm" means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.
"Firearm accessory" means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, is intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter's ability to hold and use a firearm.
"Firearm industry member" means a person engaged in the sale, manufacture, distribution, importation, or marketing of a firearm-related product.
"Firearm-related product" means a firearm, ammunition, a firearm component, including unfinished frames or receivers, or a firearm accessory that was (i) sold, made, distributed, or marketed in the Commonwealth; (ii) intended to be sold, made, distributed, or marketed in the Commonwealth; or (iii) possessed in the Commonwealth, and it was reasonably foreseeable that the product would be possessed or used in the Commonwealth.
"Firearm trafficker" means a person who acquires, transfers, or attempts to acquire or transfer a firearm for purposes of unlawful commerce.
"Frame" and "receiver" have the same meanings attributed to them in 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.
"Public nuisance" means a condition that injures, endangers, or threatens to injure or endanger or contributes to the injury or endangerment of the health, safety, peace, comfort, or convenience of others or otherwise constitutes a public nuisance under common law.
"Reasonable controls" means 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; (iv) prevent the installation and use of an auto sear, as defined in § 18.2-308.5:1, on firearm-related products; or (v) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
"Straw purchaser" means an individual who conceals, or intends to conceal, from a person that the purchase of a firearm-related product is being made on behalf of a third party. A "straw purchaser" does not include individuals providing a bona fide gift to a person who is not prohibited by law from possessing or receiving a firearm-related product. For purposes of this chapter, a gift to a person is not a bona fide gift if the person has offered or given the purchaser a service or thing of value to acquire the firearm-related product for the person.
"Unfinished frame or receiver" means a forging, casting, printing, extrusion, machined body, or similar item that (i) is designed to or may readily be completed, assembled, or otherwise converted to function as a frame or receiver or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or otherwise converted. However, "unfinished frame or receiver" does not include a component designed and intended for use in an antique weapon.
