(HB1608)

GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1608, which relates to civil penalties for firearm industry members.

This bill is identical to legislation brought to my desk last year. As I previously stated, the federal Protection of Lawful Commerce in Arms Act (PLCAA) already provides a framework for addressing civil actions against firearms industry entities concerning negligent entrustment and defects. This federal law, grounded in common sense and common law principles, prevents baseless litigation that could financially devastate a lawful industry with exorbitant legal fees. Other lawful industries, such as vaccine producers, have similar protections.

Even under Presidents Obama and Biden, the Department of Justice consistently defended the PLCAA. The DOJ has argued against attempts by states to implement regulatory schemes as a loophole to the PLCAA, deeming them unconstitutional and lacking merit.

The Second Amendment, like the First Amendment, necessitates protection from abusive civil lawsuits. I am disappointed to reach the end of my last session in office without bills to increase penalties for heinous acts of gun violence. Our legal system should prioritize punishing criminals rather than targeting law-abiding manufacturers and retailers within the firearms industry.

Accordingly, I veto this bill.