This bill seeks to amend West Virginia's firearm possession laws by reinforcing the right to bear arms as a constitutional right under both the Second Amendment of the U.S. Constitution and the West Virginia Constitution. It introduces new definitions for a "crime of violence" and specifies that law enforcement officers cannot infringe upon the rights of lawful residents to bear arms. The bill also outlines the conditions under which individuals previously convicted of non-violent crimes may have their rights to possess firearms reinstated, particularly emphasizing the importance of recovery from substance use disorders.

Key changes include the insertion of provisions that classify certain violations related to controlled substances as violent offenses, and the reinstatement of firearm rights for individuals in recovery from substance use disorders, provided they have maintained their recovery for at least one year and are not participating in medication-assisted treatment. Additionally, the bill clarifies penalties for individuals who violate firearm possession laws and ensures that law enforcement can still perform their duties without infringing on the rights of residents to bear arms. Overall, the bill aims to balance the enforcement of firearm regulations with the protection of constitutional rights.

Statutes affected:
Introduced Version: 61-7-7