The bill amends West Virginia Code §48-27-502 to establish new requirements regarding the surrender of firearms and ammunition in protective order proceedings. It mandates that a protective order must prohibit the respondent from possessing firearms or ammunition, but introduces specific conditions under which this prohibition can be enforced. Notably, the respondent must be properly served with notice of a hearing, and the court must find, through a full adversarial hearing, that domestic violence has occurred or that the respondent's actions have placed the petitioner or their children in reasonable fear of bodily injury. The bill also emphasizes the need for substantial evidence to support any findings that lead to the prohibition of firearm possession.

Additionally, the bill allows for the respondent to appeal a protective order if it includes the mandatory language specified in the new provisions. This includes a requirement for the court to find that the petitioner is requesting the surrender of firearms in good faith and not for malicious reasons. The changes aim to ensure that the rights of respondents are protected while still addressing the safety concerns of petitioners in domestic violence situations.

Statutes affected:
Introduced Version: 48-27-502
Committee Substitute: 48-27-502