HB 4921
Relating to the Second Amendment Preservation Act
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to protect West Virginia from federal overreach by prohibiting federal agents or employees from enforcing decrees or writs in the state without congressional approval or due process. It establishes a misdemeanor penalty for federal officials who attempt to enforce such actions and designates the Attorney General to enforce the law. The bill specifically addresses the potential for federal commandeering of state law enforcement resources for firearm regulations. It seeks to ensure that West Virginia’s laws are not unilaterally overridden by the federal government.
Key provisions
- Prohibits federal commandeering of state law enforcement.
- Creates a misdemeanor offense for federal officials attempting to enforce unapproved decrees or writs.
- Establishes a penalty of fines up to $500 or imprisonment for up to one year and a day.
- Authorizes the Attorney General to enforce the law.
- Specifically addresses the prohibition of federal commandeering for firearm regulations.
Who is affected
- Federal government agencies and employees
- West Virginia state government agencies and employees
- Law enforcement officials in West Virginia
- Residents of West Virginia
Notable changes
- Creates a new misdemeanor offense related to federal enforcement actions.
- Clarifies the scope of federal commandeering prohibitions.
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