The proposed bill aims to establish the "Second Amendment Reaffirmation and Protection Act" in West Virginia, which seeks to protect the right to bear arms in the event that federal firearm laws, such as the National Firearms Act, the Gun Control Act, or the Firearm Owners Protection Act, are repealed or deemed unconstitutional. The bill includes provisions that automatically restore full Second Amendment rights without imposing new state restrictions, prohibits the state or its subdivisions from enacting laws that mirror or replace repealed federal firearm regulations, and reaffirms state preemption over local firearm regulations.
Additionally, the bill outlines protections for individuals and businesses, ensuring they cannot be penalized for exercising rights restored under the repeal of federal firearm laws. It establishes enforcement restrictions on state and local law enforcement agencies, barring them from assisting in the enforcement of any repealed firearm restrictions, and allows citizens to bring civil suits against officials or agencies that enforce illegal restrictions. The Act is set to take effect immediately upon the certification of repeal or judicial nullification of any related federal provisions.
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