Proposed Virginia Firearm Legislation SB491
Legislation Overview
Title: Firearm industry members; creates standards of responsible conduct, civil liability.
Subject: Trade and Commerce: Firearms
Description: Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include 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; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages.
Session: 2024 Regular Session
Last Action: Senate sustained Governor's veto
Last Action Date: April 17, 2024
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
4 sponsors: Jennifer Carroll Foy (D); Jennifer Boysko (D); Saddam Salim (D); Russet Perry (D);
Percentage of Senate sponsoring bill: 10% (4 of 40)
History
| Chamber | Date | Action |
| Senate | Apr 17, 2024 | Passed by for the day |
| Senate | Apr 17, 2024 | Senate sustained Governor's veto |
| Mar 26, 2024 | Governor: Vetoed by Governor | |
| Mar 11, 2024 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| Senate | Mar 11, 2024 | Enrolled Bill Communicated to Governor on March 11, 2024 |
| Senate | Feb 28, 2024 | Signed by President |
| House | Feb 26, 2024 | Signed by Speaker |
| Senate | Feb 26, 2024 | Bill text as passed Senate and House (SB491ER) |
| Senate | Feb 26, 2024 | Enrolled |
| House | Feb 21, 2024 | VOTE: Passage (51-Y 49-N) |
| House | Feb 21, 2024 | Passed House (51-Y 49-N) |
| House | Feb 21, 2024 | Read third time |
| House | Feb 20, 2024 | Read second time |
| House | Feb 16, 2024 | Reported from Public Safety (12-Y 10-N) |
| House | Feb 15, 2024 | Referred to Committee on Public Safety |
| House | Feb 15, 2024 | Placed on Calendar |
| House | Feb 15, 2024 | Read first time |
| Senate | Feb 12, 2024 | Read third time and passed Senate (21-Y 19-N) |
| Senate | Feb 9, 2024 | Printed as engrossed 24104526D-E |
| Senate | Feb 9, 2024 | Engrossed by Senate as amended SB491E |
| Senate | Feb 9, 2024 | Committee amendments agreed to |
| Senate | Feb 9, 2024 | Reading of amendments waived |
| Senate | Feb 9, 2024 | Read second time |
| Senate | Feb 8, 2024 | Constitutional reading dispensed (40-Y 0-N) |
| Senate | Feb 7, 2024 | Reported from Finance and Appropriations (10-Y 5-N) |
| Senate | Jan 29, 2024 | Rereferred to Finance and Appropriations |
| Senate | Jan 29, 2024 | Reported from Courts of Justice with amendments (9-Y 6-N) |
| Senate | Jan 9, 2024 | Referred to Committee for Courts of Justice |
| Senate | Jan 9, 2024 | Prefiled and ordered printed; offered 01/10/24 24104526D |
Texts
| Type | Date | State Link | Text |
| Enrolled | Feb 26, 2024 | state link | bill text |
| Engrossed | Feb 9, 2024 | state link | bill text |
| Prefiled | Jan 9, 2024 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| Governors veto explanation | Governors veto explanation | Mar 28, 2024 | State Link | amendment text | No |
| Amendment(s) for SB491 for S-Courts of Justice | Amendment(s) for SB491 for S-Courts of Justice | Jan 29, 2024 | State Link | amendment text | No |
| Senate amendments | Senate amendments | Dec 17, 2017 | State Link | amendment text | No |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Senate: Reported from Courts of Justice with amendments (9-Y 6-N) | 01/29/2024 | 9 | 6 | 0 | 0 | Yes |
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| Senate: Reported from Finance and Appropriations (10-Y 5-N) | 02/7/2024 | 10 | 5 | 0 | 0 | Yes |
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| Senate: Constitutional reading dispensed (40-Y 0-N) | 02/8/2024 | 40 | 0 | 0 | 0 | Yes |
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| Senate: Read third time and passed Senate (21-Y 19-N) | 02/12/2024 | 21 | 19 | 0 | 0 | Yes |
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| House: Reported from Public Safety (12-Y 10-N) | 02/16/2024 | 12 | 10 | 0 | 0 | Yes |
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| House: VOTE: Passage (51-Y 49-N) | 02/21/2024 | 51 | 49 | 0 | 0 | Yes |
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Link: link to state bill page
