The bill amends West Virginia Code §15-5-19a to establish that the sale, repair, maintenance, and manufacture of firearms, ammunition, and related accessories are considered essential services during declared states of emergency. It prohibits state agencies and officials from restricting lawful possession, use, or transfer of firearms and ammunition, and from seizing such items unless specific conditions are met, such as self-defense or evidence of a crime. The bill also extends the expiration date of concealed carry licenses during emergencies and adds entities providing firearms safety training to the list of operations that cannot be restricted during such times.

Additionally, the bill creates a legal framework for individuals adversely affected by violations of these provisions to seek damages, injunctive relief, or other appropriate remedies against state or local authorities. It allows for civil penalties of $5,000 per violation for unlawful seizure or confiscation of firearms and related items, and ensures that individuals can recover actual damages, court costs, and attorney fees if they prevail in such actions. The bill aims to protect the rights of firearm owners during emergencies while outlining specific exceptions for law enforcement and public safety measures.

Statutes affected:
Introduced Version: 61-7-10a
Committee Substitute: 15-5-19a
Enrolled Committee Substitute: 15-5-19a