The proposed bill, known as the Second Amendment Reaffirmation and Protection Act, aims to amend the Code of West Virginia by establishing a new section, 61-7-13. The bill's primary purpose is to protect against the enforcement of federal firearm restrictions that have been repealed, declared unconstitutional, or invalidated. It includes provisions that limit the incorporation of federal firearms laws into state law, ensuring that any state or local enforcement of such laws ceases once they are no longer valid. Additionally, the bill prohibits state entities from imposing restrictions on the right to carry concealed firearms based on various factors, with specific exceptions for certain locations like correctional facilities and schools.

Furthermore, the bill provides a mechanism for individuals to seek redress for violations of these provisions through writs of prohibition and mandamus, potentially including the awarding of attorney fees and costs if they prevail. It also includes rules for statutory construction, clarifying that the new provisions do not alter existing state laws related to firearms offenses and do not apply to military facilities. The bill emphasizes that rights derived from the Second and Fourteenth Amendments will be restored upon the repeal or judicial nullification of any federal firearm restrictions.

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
Engrossed Committee Substitute: 61-7-13