February 6, 2026 – The Virginia legislature recently introduced House Bill No. 21 and Senate Bill No. 27 that would require firearm industry members to implement “reasonable controls” regarding the manufacture, sale, distribution, use, and marketing of their products. The purpose of these bills is to create a state law that can be used to attempt to circumvent the immunity provided by the federal Protection of Lawful Commerce in Arms Act (PLCAA). Under this proposed “anti-PLCAA” law, the required reasonable controls would be defined as procedures and business practices that are designed to: (i) prevent firearms sales to straw purchasers, traffickers, or other prohibited persons; (ii) prevent the loss or theft of firearms; (iii) ensure that the firearm industry member does not promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; or (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bills leave the definition of reasonable controls vague and fail to outline specific standards with which the firearms industry needs to comply. They also include a provision that states, a “firearm industry member’s conduct constitutes a proximate cause of the public nuisance if the harm to the public is a reasonably foreseeable effect of the conduct, notwithstanding any intervening actions, including criminal actions by third parties.” Thus, the bills attempt to remove intervening or superseding criminal acts as a defense to an action.
The Virginia Attorney General and “any person that has been injured as a result of a firearm industry member’s acts or omissions,” including private citizens and municipalities, can commence a lawsuit against such an industry member and seek injunctive relief, compensatory and punitive damages, and attorney fees and costs. If this legislation passes the Virginia House and Senate and goes into effect, it will carry a statute of limitations period of two years from the date the cause of action accrues. If these bills are enacted, Virginia will join the growing list of states that have enacted similar anti-PLCAA statutes.
Renzulli Law Firm, LLP will continue to monitor anti-PLCAA legislation and developing firearm related news around the country. If you have any questions concerning firearms-related legislation or regulation, please contact Christopher Renzulli.