The proposed bill aims to amend the Code of West Virginia by establishing a new article that invalidates any future federal, state, or local laws that attempt to restrict, tax, or regulate firearms, firearm accessories, and ammunition. It asserts that such laws contradict the Second Amendment of the U.S. Constitution and the West Virginia Constitution, rendering them null and void within the state. The bill also makes it a felony for any government official to enforce these invalid laws, with penalties including imprisonment for up to two years and fines up to $10,000. Additionally, the Attorney General is mandated to defend West Virginia citizens prosecuted under federal laws related to firearms.

Furthermore, the bill includes provisions for exemptions, allowing local governments to enact zoning ordinances for the manufacture of arms and ammunition, as long as these regulations do not impose greater restrictions than those on comparable industries. It also permits local taxation of firearms and related goods, provided such taxes are consistent with those on other commodities. The bill is retroactive to January 1, 2025, and explicitly states that it does not create any ex post facto laws.

Statutes affected:
Introduced Version: 5-32-1, 5-32-2, 5-32-3, 5-32-4, 5-32-5