The 2A people are going to love to read about the latest initiative of Attorney General Jay Jones, who announced on Tuesday the creation of a Firearms Accountability & Industry Responsibility Unit.
The new unit, which will go by the acronym FAIR, will investigate and bring civil enforcement actions against the firearms industry under a new state law establishing responsible business practice requirements for the firearm industry.
The law, which went into effect on July 1, also allows victims of gun violence or public officials to bring civil lawsuits against the members of the industry who violate the law.
“Public safety can’t be pushed to the side or saved for another day – the cost is too high, which is why our office has created this path for Virginia to comprehensively seek justice for families who have been impacted by gun violence,” Jones said in a statement. “While the law continues to hold perpetrators of violence accountable, the FAIR Unit allows our office the opportunity to hold those who are negligently contributing to the illicit flow of firearms in impacted communities accountable.
“Creating safer communities starts with holding dealers and manufacturers accountable when they are reckless with the lives of Virginians. The FAIR Unit will play an integral role in building lasting public safety in our communities,” Jones said.
The new law passed earlier this year provides that a firearm-industry member may not, through conduct that is unlawful in itself or unreasonable, knowingly create, maintain, or contribute to a public nuisance through the sale, manufacture, importation, or marketing of a firearm-related product.
The Office of Attorney General, under the law, is empowered to bring suit against those who engage in unlawful or improper sales, distribution practices, marketing practices, known risks associated with particular products, or practices that facilitate the illegal acquisition or diversion of firearms.
“With the passing of this new law, and creation of the FAIR Unit, for the first time, our office is empowered to bring cases against bad actors in the firearms sale and manufacturing industries. These important new civil remedies will help keep Virginians safe and stop dangerous practices across the Commonwealth,” said Gretchen Nygaard, the deputy attorney general for civil litigation in the AG’s office.
“The civil remedies the FAIR Unit will be able to pursue on behalf of Virginians are going to play a significant role in creating a safer Commonwealth for all. The Criminal Justice and Public Safety Division looks forward to supporting the work of this unit,” said Jae K. Davenport, the deputy AG for criminal justice and public safety.
Background
The Virginia Firearm Industry Standards of Responsible Conduct that went into effect on July 1 prohibit firearm industry members from engaging in “unlawful or unreasonable conduct that knowingly creates, maintains, or contributes to a public nuisance through the sale, manufacture, importation, or marketing of firearms products.”
Public nuisance is defined as a “condition that injures, endangers, or threatens to injure or endanger or contributes to the injury to endangerment of the health, safety, peace, comfort, or convenience of others….”
The law also requires that firearm industry members establish and implement “reasonable controls” regarding the manufacture, sale, distribution, use and marketing of firearms products.
“Reasonable controls” are reasonable procedures, safeguards, and business practices that are designed to:
- Prevent the sale of firearms to straw purchasers, traffickers, prohibited possessors, and those the industry member has reasonable cause to believe are at substantial risk of using firearm products to harm themself or others.
- Prevent the loss and theft of firearm products.
- Ensure the firearm industry member complies with all state and federal laws, and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm product.
- Prevent the installation and use of auto-sears (also commonly known as “Glock switches”) on firearm products.
- Ensure that the firearm industry member does not violate the Virginia Consumer Protection Act.
Individuals harmed by violations of this law, in addition to the Virginia Attorney General and county, city and town attorneys, may bring civil actions against the members of the firearm industry that violated the law.
They may seek compensation for damages suffered, injunctive relief to prevent future violations of the law, punitive damages, reasonable attorneys fees and litigation costs, and other appropriate relief.
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Chris Graham
