This bill aims to amend the Code of West Virginia by introducing a new article that invalidates all future federal, state, and local laws, statutes, ordinances, and rules that attempt to restrict, tax, or regulate firearms, firearm accessories, ammunition, and related activities. It establishes that such laws are null and void within the state, asserting that they violate both the Second Amendment of the U.S. Constitution and the West Virginia Constitution. The bill also makes it a felony for any government official to attempt to enforce these invalid laws, with penalties including imprisonment for up to two years and fines of up to $10,000. Additionally, the Attorney General is mandated to defend West Virginia citizens prosecuted under federal laws concerning firearms.

Furthermore, the bill allows for certain exemptions, such as local governments being able to enact zoning ordinances for the manufacture of arms and ammunition, provided these do not impose greater restrictions than on other industries. It also permits local taxation of firearms and related goods, as long as such taxes are comparable to those on other commodities. The provisions of this article are retroactive to January 1, 2025, and it 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