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Bill > SB270

WV SB270

WV SB270
Declaring sale and manufacture of firearms essential business during declared emergency

summary

Introduced
02/12/2025
In Committee
02/27/2025
Crossed Over
02/26/2025
Passed
04/09/2025
Dead
Signed/Enacted/Adopted
04/25/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT to amend and reenact §15-5-19a of the Code of West Virginia, 1931, as amended, relating to limiting restrictions of firearms owners during certain states of emergency and other like states; declaring the sale, repair, maintenance, and manufacture of firearms, ammunition, and related accessories and components to be essential businesses and services for the purposes of safety and security in times of declared emergency or any other statutorily authorized responses to disaster, war, acts of terrorism, riot or civil disorder, or other emergencies; adding entities engaged in providing firearms safety training, or firearms safety instructor courses, classes, or programs to a list of entities the operation of which may not be restricted by state action in an emergency; limiting restrictions on lawful hunting or fishing activities in an emergency; prohibiting specific governmental regulation of firearms, ammunition, components or accessories of any kind or nature, or their use or possession; extending the expiration date of concealed license during emergencies; providing enumerated exceptions that would permit limited government action in the regulation of firearms in emergencies in certain narrowly tailored factual scenarios; creating an action for damages, injunctive relief, declaratory relief, or other appropriate redress for the unlawful seizure or confiscation of firearms or related accessories and components; and providing for civil damages.

AI Summary

This bill amends West Virginia law to protect the rights of firearms owners and businesses during declared emergencies by declaring the sale, repair, maintenance, and manufacture of firearms, ammunition, and related accessories as essential businesses. The legislation prohibits state agencies, political subdivisions, and government officials from restricting lawful firearm possession, sale, transfer, or use during emergencies, including banning firearm sales, seizing firearms (with very limited exceptions), requiring firearm registration, suspending concealed carry permits, or closing firearms-related businesses. The bill extends the expiration of concealed carry permits that would expire during an emergency, giving license holders an additional 60 days or 30 days after the emergency ends. It also creates a legal mechanism for individuals to seek damages (up to $5,000 per violation) and other remedies if their firearms-related rights are infringed during an emergency, including the right to recover court costs, attorney's fees, and have seized property returned. Narrow exceptions exist for specific scenarios like riot suppression or evidence collection, but overall, the bill aims to ensure that Second Amendment rights remain protected during times of crisis.

Committee Categories

Justice

Sponsors (9)

Last Action

Approved by Governor 4/25/2025 (on 04/25/2025)

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Document Type Source Location
State Bill Page http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=270&year=2025&sessiontype=RS&btype=bill
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb270%20sub1%20enr.htm&yr=2025&sesstype=RS&i=270
sb270 hjud am. _1 4-2 as amended http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/com_amends/sb270%20hjud%20am.%20_1%204-2%20as%20amended.htm
sb270 hfat akers 4-8 adopted http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/sb270%20hfat%20akers%204-8%20adopted.htm
sb270 hfat akers 4-8 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/sb270%20hfat%20akers%204-8.htm
sb270 hjud am. _1 4-2 adopted http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/com_amends/sb270%20hjud%20am.%20_1%204-2%20adopted.htm
sb270 hfa masters and butler 4-4 _1 adopted http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/sb270%20hfa%20masters%20and%20butler%204-4%20_1%20adopted.htm
sb270 hfa masters and butler 4-4 _1 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/floor_amends/sb270%20hfa%20masters%20and%20butler%204-4%20_1.htm
sb270 hjud am. _1 4-2 http://www.wvlegislature.gov/legisdocs/chamber/2025/RS/com_amends/sb270%20hjud%20am.%20_1%204-2.htm
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb270%20sub1.htm&yr=2025&sesstype=RS&i=270
BillText http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=sb270%20intr.htm&yr=2025&sesstype=RS&i=270
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