The proposed bill, known as the Second Amendment Reaffirmation and Protection Act, aims to amend the Code of West Virginia by adding a new section, 61-7-13. The primary purpose of this act is to safeguard against the enforcement of federal firearm restrictions that have been repealed, deemed unconstitutional, or invalidated. It establishes a dynamic incorporation of federal firearms law, meaning that any state law referencing federal firearms regulations will only be applicable as long as those federal laws are enforceable. If a federal law is repealed or invalidated, related state provisions will also become unenforceable unless the West Virginia Legislature enacts a similar state law.

Additionally, the bill prohibits state and local officers from enforcing any firearms restrictions that solely rely on federal law once they are aware of the federal law's repeal or invalidation. It also provides individuals the right to file a civil suit for damages against officials or agencies that enforce such invalidated laws. The act clarifies that it does not limit the Legislature's authority to create independent firearms regulations, nor does it prevent cooperation with federal authorities regarding valid laws. Overall, the bill seeks to reinforce state autonomy in firearm regulation while ensuring that invalid federal laws do not impact state enforcement.

Statutes affected:
Introduced Version: 2-1A-1, 2-1A-2, 2-1A-3, 2-1A-4, 2-1A-5, 2-1A-6, 2-1A-7, 2-1A-8, 2-1A-9
Committee Substitute: 61-7-13