In 2026, Virginia enacted legislation establishing responsible business practice requirements for the firearm industry and allowing victims of gun violence or public officials to bring civil lawsuits against the members of the industry who violate the law.1 The law will go into effect July 1, 2026.
The Virginia Firearm Industry Standards of Responsible Conduct prohibit firearm industry members from engaging in unlawful or unreasonable conduct that knowingly creates, maintains, or contributes to a public nuisance through the sale, manufacture, importation, or marketing of firearms products.2 “Public nuisance is defined as a “condition that injures, endangers, or threatens to injure or endanger or contributes to the injury to endangerment of the health, safety, peace, comfort, or convenience of others….”3
The law also requires that firearm industry members establish and implement reasonable controls regarding the manufacture, sale, distribution, use and marketing of firearms products.4 “Reasonable controls” are reasonable procedures, safeguards, and business practices that are designed to:
- Prevent the sale of firearms to straw purchasers, traffickers, prohibited possessors, and those the industry member has reasonable cause to believe are at substantial risk of using firearm products to harm themself or others;
- Prevent the loss and theft of firearm products;
- Ensure the firearm industry member complies with all state and federal laws, and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm product;
- Prevent the installation and use of auto-sears (also commonly known as “Glock switches”) on firearm products; and
- Ensure that the firearm industry member does not violate the Virginia Consumer Protection Act.3
Individuals harmed by violations of this law, in addition to the Virginia Attorney General and county, city and town attorneys, may bring civil actions against the members of the firearm industry that violated the law. They may seek compensation for damages suffered, injunctive relief to prevent future violations of the law, punitive damages, reasonable attorneys fees and litigation costs, and other appropriate relief.5
Effective July 1, 2020, Virginia repealed a state law depriving localities of the authority to bring lawsuits against members of the gun industry relating to the design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public. This provision applied equally to any state governmental entity, including a department, agency, or authority.6
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