VirginiaHB212026 Regular SessionHouseWALLET

Firearm industry members; creates standards of responsible conduct, civil liability.

Sponsored By: Dan I. Helmer (Democratic)

Became Law

Summary

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; (iv) prevent the installation and use of an auto sear on firearm-related products; and (v) 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 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, city, or town 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. The bill also allows the Attorney General to issue a civil investigative demand if he has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of such standards of responsible conduct.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

New safety rules for gun industry

Firearm businesses must set and follow reasonable controls in making, selling, and marketing their products. Controls must block straw buyers and traffickers, stop sales to banned people, prevent theft and loss, and avoid unlawful ads or auto sears. It is illegal to knowingly create or add to a public nuisance through unlawful or unreasonable sales or marketing. Any violation of these duties is a public nuisance, which can be stopped in court.

Stronger enforcement by Virginia officials

The Attorney General and local attorneys can sue firearm businesses that appear to break this law. Courts can issue injunctions, order abatement of nuisances at the industry’s expense, and award compensatory and punitive damages and attorney fees. The Attorney General can issue civil investigative demands when there is reasonable cause to believe a violation has happened, is happening, or is about to happen. These tools help stop unlawful sales, marketing, and distribution.

You can sue gun businesses

If you are hurt because a firearm business broke this law, you can sue. You can ask the court to stop the harm and award compensatory and punitive damages, plus your attorney fees and costs. You do not have to prove the business meant to cause a public nuisance. You must file within two years after your claim starts. You can file where the acts happened, where a defendant lives or has an office, or where you live. This law also keeps your right to use other legal claims.

Which gun products and sellers are covered

The law defines key terms so it is clear who and what is covered. It defines firearm, firearm accessory, unfinished frame or receiver, frame, receiver, straw purchaser, firearm trafficker, public nuisance, reasonable controls, and firearm industry member. These meanings guide who must follow the rules and who can be sued.

Sponsors & Cosponsors

Sponsor

  • Dan I. Helmer

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 226 • No: 109

House vote 3/5/2026

Senate substitute agreed to by House

Yes: 62 • No: 36

Senate vote 3/3/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/3/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/25/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 5

Senate vote 2/23/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 9 • No: 5

House vote 2/5/2026

Read third time and passed House

Yes: 62 • No: 35

House vote 1/30/2026

Reported from Public Safety with substitute

Yes: 15 • No: 6

House vote 1/29/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0529)

    4/10/2026Governor
  2. Approved by Governor-Chapter 529 (effective 7/1/2026)

    4/10/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB21)

    3/16/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  5. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  6. Bill text as passed House and Senate (HB21ER)

    3/12/2026House
  7. Enrolled

    3/12/2026House
  8. Signed by President

    3/12/2026Senate
  9. Signed by Speaker

    3/12/2026House
  10. Senate substitute agreed to by House (62-Y 36-N 0-A)

    3/5/2026House
  11. Fiscal Impact Statement from Department of Planning and Budget (HB21)

    3/5/2026House
  12. Passed Senate with substitute (21-Y 19-N 0-A)

    3/3/2026Senate
  13. Finance and Appropriations Substitute agreed to

    3/3/2026Senate
  14. Engrossed by Senate - committee substitute

    3/3/2026Senate
  15. Passed by for the day

    3/2/2026Senate
  16. Passed by for the day

    2/27/2026Senate
  17. Read third time

    2/27/2026Senate
  18. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  19. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  20. Rules suspended

    2/26/2026Senate
  21. Committee substitute printed 26108624D-S1

    2/25/2026Senate
  22. Reported from Finance and Appropriations with substitute (10-Y 5-N)

    2/25/2026Senate
  23. Reported from Courts of Justice and rereferred to Finance and Appropriations (9-Y 5-N)

    2/23/2026Senate
  24. Fiscal Impact Statement from Department of Planning and Budget (HB21)

    2/13/2026House
  25. Referred to Committee for Courts of Justice

    2/6/2026Senate

Bill Text

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