SB 963
Protecting due process in firearm confiscation
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 Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes the process for protective orders related to domestic violence in West Virginia. Currently, a respondent can be prohibited from possessing firearms as part of a protective order without a full hearing. This bill requires a court of record to hold a full adversarial hearing before a respondent’s firearm possession can be restricted, and only then if clear and convincing evidence demonstrates an immediate danger. It also includes an automatic appeal process for the respondent.
Key provisions
- Requires a full adversarial hearing before a court can restrict a respondent’s firearm possession.
- Specifies that firearm restrictions can only be imposed with ‘clear and convincing evidence’ of an immediate danger.
- Guarantees the respondent’s right to legal representation during the hearing.
- Prohibits the use of protective orders for punitive or retaliatory measures.
- Establishes an automatic appeal process for the respondent.
- Requires the protective order to include specific language regarding penalties for violation.
Who is affected
- Individuals subject to protective orders for domestic violence.
- Respondents to protective orders.
- Courts involved in domestic violence protective order proceedings.
- Legal professionals representing parties in domestic violence cases.
Notable changes
- Changes the current process by requiring a full adversarial hearing instead of automatic firearm restrictions.
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