SB 478
Second Amendment Reaffirmation and Protection Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the "Second Amendment Reaffirmation and Protection Act," aims to safeguard West Virginia residents’ right to bear arms. It establishes that if federal laws regulating firearms, such as the National Firearms Act, Gun Control Act, or Firearm Owners Protection Act, are repealed or deemed unconstitutional, West Virginia law will automatically restore full Second Amendment rights without new state restrictions.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 state agencies 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 after federal repeal.
- Prohibits state agencies from replacing or simulating repealed federal firearm restrictions.
- Protects West Virginians from prosecution for exercising restored Second Amendment rights.
- Guarantees continued rights for individuals and businesses with Federal Firearms Licenses.
- Restricts state and local law enforcement from assisting in enforcing repealed firearm restrictions.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 Licensees
- State and Local Law Enforcement Agencies
- Political Subdivisions (Counties, Municipalities)
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