SB 850
Creating Second Amendment Preservation Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 850, the Second Amendment Preservation Act, aims to protect West Virginia residents’ rights to own and bear firearms. The bill prohibits federal regulations on intrastate firearm sales and transfers, establishes penalties for federal agencies that attempt to restrict these rights, and authorizes the Attorney General to defend West Virginians against federal legal action. It also asserts that federal excise taxes on firearms have a chilling effect on ownership and seeks to nullify federal laws infringing on Second Amendment rights.
Key provisions
- Prohibits federal regulation of intrastate firearm sales and transfers.
- Establishes civil and criminal penalties for federal agencies that attempt to restrict firearm rights.
- Authorizes the Attorney General to defend West Virginia citizens against federal prosecution related to firearms.
- Provides for monetary damages of $50,000 per occurrence against federal agencies violating the act.
- Asserts that federal excise taxes on firearms have a chilling effect on ownership.
- Seeks to nullify federal laws infringing on Second Amendment rights.
- States that West Virginia officials can accept federal aid for law enforcement.
- Clarifies that sovereign immunity does not apply to violations of the act.
Who is affected
- West Virginia Residents
- Federal Agencies (specifically the ATF)
- Federal Government
- Gun Owners
- Law Enforcement Agencies
Notable changes
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