Title 59.1. Trade and Commerce
Chapter 11.2. Virginia Firearm Industry Standards of Responsible Conduct
§ 59.1-148.6. Firearm industry standards of responsible conduct; civil liability.
A. A firearm industry member, by conduct unlawful in itself or unreasonable under all the circumstances, may not knowingly create, maintain, or contribute to a public nuisance through the sale, manufacture, importation, or marketing of a firearm-related product.
B. A firearm industry member shall establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products.
C. A violation of subsection A or B is a public nuisance.
D. Whenever it appears to the Attorney General or the local county, city, or town attorney that a firearm industry member has engaged in or is engaging in conduct in violation of this section, the Attorney General or local county, city, or town attorney may commence an action to seek and obtain (i) an injunction prohibiting the firearm industry member from continuing the conduct, engaging in the conduct, or doing any acts in furtherance of the conduct; (ii) an order providing for abatement of the public nuisance at the expense of the firearm industry member; (iii) an order of restitution; (iv) an award of compensatory and punitive damages; (v) an award of reasonable attorney fees and costs of the action; and (vi) any other appropriate relief that may be awarded by the court.
E. Any person that has been injured as a result of a firearm industry member's acts or omissions in violation of this section may commence an action to seek and obtain (i) an injunction prohibiting the firearm industry member from continuing the conduct, engaging in the conduct, or doing any acts in furtherance of the conduct; (ii) an award of compensatory and punitive damages; and (iii) an award of reasonable attorney fees and costs of the action.
F. To prevail in an action under this section, the party seeking relief is not required to demonstrate that the firearm industry member acted with the intent to engage in a public nuisance or otherwise cause harm to the public.
G. This section shall not be construed or implied to limit or impair in any way (i) the right of a person to pursue a legal action under any other law or (ii) an obligation or requirement placed on a firearm industry member by any other law.
Nothing in this section is intended to restrict or alter the availability of an action for relief from or to remedy a public nuisance at common law.
