Virginia law states that localities do not have the authority to bring suit against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for damages, abatement, injunctive relief or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public. This provision applies equally to any state governmental entity, including a department, agency, or authority. The right to bring any such action is reserved exclusively to the Attorney General on behalf of the Commonwealth.1 Localities may bring an action, however, against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty or negligence as to firearms or ammunition purchased by the locality or for injuries resulting from negligence or breach of warranty or contract.2

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.

See our Immunity Statutes / Manufacturer Litigation policy summary for a comprehensive discussion of this issue.

Notes
  1. Va. Code Ann. § 15.2-915.1. ⤴︎
  2. Id. ⤴︎