{"data":{"id":"us-wv/w.-va.-code-61-7c-3","jurisdiction":"us-wv","citation":"W. Va. Code § 61-7C-3","heading":"Limitations on negligent marketing claims.","body":"(a) A person may bring a negligent marketing claim against a manufacturer or seller of firearms or ammunition only if all of the following conditions are met:\n(1) The marketing practice directly targeted individuals who are legally prohibited from owning firearms;\n(2) The marketing practice encouraged or facilitated the unlawful use of firearms;\n(3) There is direct cause and substantial proximate cause between the marketing practice and the harm suffered by the plaintiff; and\n(4) The marketing practice violated a state or federal statute explicitly regulating the sale or marketing of firearms or ammunition in a manner that constitutes a willful and knowing violation of the law.\n(b) If these conditions are not met, the court must, upon motion, summarily dismiss the action or dismiss any parties who are improperly joined.","path":["CHAPTER 61. CRIMES AND THEIR PUNISHMENT.","ARTICLE 7C. WEST VIRGINIA FIREARMS MARKETING CLARIFICATION ACT."],"source_url":"https://code.wvlegislature.gov/61-7C-3/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:31:27Z","sha256":"01f024db120bd8dad73725dbfec97d493e6c7dc6d7640812140b3e33036cc35c","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-61-7c-2","next":"us-wv/w.-va.-code-61-7c-4"},"notice":"GroundRules: Original legal text. Not legal advice."}