HB 4920
To nullify any ATF powers by the federal government to regulate intrastate firearm sales in West Virginia
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, titled the "Second Amendment Preservation Act", aims to prevent the federal government, specifically the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), from regulating firearm sales and transfers within West Virginia. It asserts that such regulations violate the Second Amendment of the U.S. Constitution and the West Virginia Constitution’s provisions on firearm ownership. The bill establishes penalties for federal agencies and individuals attempting to enforce these regulations and grants the Attorney General authority to defend West Virginia citizens and pursue legal action against federal entities.
Key provisions
- Prohibits federal regulation of intrastate firearm sales and transfers.
- Establishes civil and criminal penalties for federal agencies and individuals attempting to enforce infringing regulations.
- Authorizes the Attorney General to defend West Virginia citizens and pursue legal action against federal entities.
- Nullifies federal laws, orders, and regulations that infringe on the right to keep and bear arms as guaranteed by the Second Amendment and West Virginia’s Constitution.
- Provides for monetary damages of $50,000 per occurrence and injunctive relief for violations.
- Addresses sovereign immunity, stating it does not apply to violations of the act.
- Allows West Virginia officials to accept federal aid for law enforcement purposes.
- Specifies that the federal excise tax on firearms and ammunition does not infringe on rights.
Who is affected
- West Virginia residents
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours