Bill > HB4920

This bill, titled the Second Amendment Preservation Act, aims to nullify any federal government powers, specifically those of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to regulate firearm sales and transfers that occur solely within West Virginia. It declares that federal laws or actions restricting intrastate firearm sales, accessories, or ammunition exceed federal authority, except when necessary for regulating U.S. military forces. The bill asserts that any federal or state actions infringing on the right to keep and bear arms, as guaranteed by the U.S. and West Virginia Constitutions, are invalid, including confiscation orders. It mandates that West Virginia courts and law enforcement protect citizens' gun rights and prohibits state officials from enforcing federal laws that infringe on these rights. Entities like the ATF or individuals who knowingly deprive West Virginia citizens of their constitutional right to bear arms will be liable for $50,000 in damages per occurrence and injunctive relief, with employers responsible for these penalties if their employees violate the act. The bill also states that the federal excise tax on firearms and ammunition, which funds wildlife restoration programs, does not negatively impact intrastate purchases. The West Virginia Attorney General is tasked with defending citizens prosecuted by the federal government for intrastate firearm transactions and with filing civil lawsuits against federal agencies or individuals violating the act, seeking damages and legal fees. Furthermore, the Attorney General is directed to pursue criminal prosecution of federal agents who violate the bill, with penalties including fines and jail time. Finally, the bill removes sovereign immunity as a defense against violations of its provisions.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4920&year=2026&sessiontype=RS&btype=bill