HB 4096
Preserving and protecting the right to keep and bear arms
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, titled "Preserving and Protecting the Right to Keep and Bear Arms," aims to strengthen West Virginia’s stance on Second Amendment rights. It defines actions that infringe upon these rights, declares federal laws that limit gun ownership to be invalid within the state, and establishes a duty for courts and law enforcement to protect gun owners. The bill also creates legal avenues for individuals to seek redress against those who knowingly infringe upon their rights and prohibits state employment for those who take infringing actions under federal law.
Key provisions
- Defines ‘law-abiding citizen’ for firearm ownership purposes.
- Declares federal acts infringing on gun rights to be invalid in West Virginia.
- Requires courts and law enforcement to protect gun owner rights.
- Creates a legal cause of action for individuals harmed by infringing actions.
- Provides for damages, costs, and attorney’s fees in successful lawsuits.
- Prohibits state employment for individuals who take infringing actions under federal law.
- Establishes a process for challenging the eligibility of law enforcement officers who may be ineligible due to infringing actions.
- Specifies federal acts considered infringements on gun rights.
Who is affected
- Gun owners in West Virginia
- Law enforcement agencies in West Virginia
- Federal government
- State government of West Virginia
- Legal professionals
Notable changes
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