Bill > HB2428

This bill modifies existing law regarding protective orders by establishing new procedural requirements for prohibiting a respondent from possessing firearms or ammunition. Specifically, the bill requires that before a firearm or ammunition prohibition can be imposed, there must be a full adversarial hearing in a court of record where the respondent is present and has legal representation. The prohibition can only be granted if there is clear and convincing evidence that the respondent poses an immediate danger to the petitioner, which must be supported by documented threats, sworn testimony, or other substantial evidence. The bill explicitly states that such firearm confiscation cannot be used as a punitive or retaliatory measure in domestic violence proceedings. Additionally, the bill provides an automatic right of appeal for the respondent, which must be heard by the court within 10 days. The existing law already mandates that protective orders require respondents to refrain from abusing, harassing, stalking, or threatening the petitioner, and the new provisions add additional due process protections specifically related to firearm and ammunition restrictions.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2428&year=2025&sessiontype=RS&btype=bill