The bill aims 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 Article 3-22 of 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 individuals to bear arms. Key changes include the insertion of provisions that allow individuals with certain non-violent convictions to have their firearm rights reinstated after a specified period, as well as the establishment of criteria for individuals recovering from substance use disorders to regain their rights.

Additionally, the bill modifies existing language regarding who is prohibited from possessing firearms, including those with violent felony convictions and certain misdemeanor offenses related to domestic violence. It also clarifies penalties for violations of these provisions, including increased fines and imprisonment terms. Notably, the bill emphasizes that law enforcement officers cannot assist in the removal or restriction of a lawful resident's right to bear arms while still allowing them to perform their duties related to criminal investigations and enforcement. Overall, the legislation seeks to balance the protection of constitutional rights with public safety considerations.

Statutes affected:
Introduced Version: 61-7-7