The proposed bill aims to establish the "Second Amendment Preservation Act" in West Virginia, which includes new provisions that prohibit the regulation of intrastate firearm sales and transfers. It asserts that any federal laws or regulations that attempt to restrict these activities are invalid and exceed the federal government's authority. The bill outlines civil and criminal penalties for violations, including a provision that allows individuals to seek monetary damages of $50,000 for infringements on their rights to keep and bear arms. Additionally, it mandates that the Attorney General of West Virginia defend citizens prosecuted under federal law for intrastate firearm-related activities and pursue legal action against federal agencies that violate this act.

Furthermore, the bill emphasizes that sovereign immunity cannot be used as a defense against violations of its provisions. It also clarifies that while the federal excise tax on arms and ammunition remains in effect, it should not deter the purchase or ownership of firearms within the state. The legislation seeks to protect the rights of law-abiding citizens and ensure that state officials can accept federal assistance in enforcing state laws without compromising the rights guaranteed by both the U.S. and West Virginia constitutions.

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