HB 4926
Second Amendment Reaffirmation and Protection Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the "Second Amendment Reaffirmation and Protection Act," aims to protect West Virginia residents’ right to bear arms. It establishes that if federal laws regulating firearms (like the National Firearms Act, Gun Control Act, or Firearm Owners Protection Act) are repealed or deemed unconstitutional, West Virginia law will automatically restore full Second Amendment rights without new state restrictions. The bill also prohibits the state from enacting similar regulations and creates a private right of action for individuals affected by illegal firearm enforcement.
Key provisions
- Establishes the "Second Amendment Reaffirmation and Protection Act".
- Defines a triggering clause for federal firearm law repeal or nullification.
- Reaffirms state preemption of local firearm regulations.
- Prohibits the adoption of replacement legislation to mirror repealed federal firearm laws.
- Protects West Virginians from prosecution for exercising restored Second Amendment rights.
- Guarantees continued rights for individuals and businesses with Federal Firearms Licenses.
- Prohibits state and local law enforcement from assisting in enforcing repealed firearm restrictions.
- Creates a private right of action for citizens challenging illegal firearm enforcement.
Who is affected
- West Virginia Residents
- Gun Owners
- Federal Firearms License Holders
- State and Local Law Enforcement Agencies
- Businesses involved in the firearms industry
Notable changes
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