The proposed bill aims to establish the "Second Amendment Preservation Act" in West Virginia, which seeks to protect the rights of citizens to keep and bear arms as guaranteed by both the U.S. Constitution and the West Virginia Constitution. It includes legislative findings that assert any federal attempts to regulate or restrict intrastate sales and transfers of firearms, accessories, and ammunition are unconstitutional. The bill explicitly prohibits such regulations and declares them null and invalid, emphasizing that no state or local official has the authority to enforce these federal laws.

Additionally, the bill outlines civil and criminal penalties for violations, including a provision that allows the Attorney General to defend West Virginia citizens against federal prosecutions related to intrastate firearm transactions. The Attorney General is also empowered to pursue civil litigation against federal agencies like the ATF for violations of this act, with specified monetary damages and attorney fees. Furthermore, the bill states that sovereign immunity cannot be used as a defense against violations of its provisions, reinforcing the accountability of federal agents and agencies in relation to state law.

Statutes affected:
Introduced Version: 5-34-1, 5-34-2, 5-34-3