Bill > SB78

This bill prohibits financial institutions, which include payment processors and banks, from discriminating against "firearm entities," defined as manufacturers, retailers, distributors, shooting ranges, and trade associations that deal with firearms, firearm accessories (items that help carry or store firearms or improve their function), or ammunition (loaded cartridges). Discrimination is defined as refusing to do business, ending an existing business relationship, or otherwise unlawfully treating a firearm entity differently. The bill allows individuals harmed by such discrimination to sue the financial institution, with successful parties receiving attorney fees and costs, and potentially actual damages, treble damages, punitive damages, or other relief. The Attorney General can also file lawsuits, seeking court orders to stop discriminatory practices and imposing civil penalties of up to $20,000 per violation for repeated offenses or failure to follow anti-discrimination policies. If the Attorney General wins, they will also be awarded attorney fees and costs. Furthermore, the Attorney General will inform the governor of any financial institution found to have violated the law, recommending the state end its business relationship with them. Lawsuits must be filed within two years of discovering the violation. However, these provisions do not apply if a financial institution has a written policy against discriminating against firearm entities, or if the refusal to provide services is for a legitimate business or financial reason, or due to a directive from a banking regulator. The bill takes effect on July 1, 2026.

Business and Industry

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=78&year=2026&sessiontype=RS&btype=bill