West Virginia Legislature
2017 Regular Session
Introduced
House Bill 2311
[Introduced
February 9, 2017; Referred
to the Committee on the Judiciary then Finance]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new article, designated
§5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to providing that
all future federal and local statutes, ordinances, laws, orders, rules, and any
other actions which attempt to restrict, tax, or regulate the possession, use,
discharge in lawful self-defense, transportation, purchase, acquisition, sale,
transfer, ownership, carrying, manufacture, or repair of firearms, firearm
accessories, ammunition and their accouterments are invalid and unenforceable;
making it a felony to attempt to enforce a federal or local statute, ordinance,
law, order, rule, or any other action which attempts to restrict, tax, or
regulate possession, use, discharge in lawful self-defense, transportation,
purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or
repair of firearms, firearm accessories, ammunition or their accouterments;
prohibiting such laws, orders, rules, policies and other actions by executive
departments and state agencies, and providing a felony for violation; providing
definitions; making findings; providing penalties; requiring the Attorney
General to defend citizens of West Virginia who are prosecuted by the United
States government for violation of a federal law relating to the possession,
use, discharge in lawful self-defense, transportation, purchase, acquisition,
sale, transfer, ownership, carrying, manufacture, or repair of a firearm, a
firearm accessory or ammunition; providing exemptions; providing for
retroactivity; and providing that ex post facto laws are not created.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article, designated
§5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all to read as follows:
ARTICLE 30. RIGHT TO
KEEP AND BEAR ARMS.
§5-30-1. Definitions
For purposes of this
article:
(1) ALocal@ is a word that
refers to any county in this state as defined in section one, article one,
chapter one of this code, any municipality, city, town or village as defined in
section two of that article or any consolidated local government, county
consolidation and consolidated county as defined in section three, article one,
chapter seven-a of this code.
(2) AFederal@ is a word that
refers to the government of the United States, the Congress of the United
States, the President of the United States, and any executive department or
regulatory agency thereof.
(3) AExecutive department or state agency@ is a phrase that means any executive departments
defined in section two, article one, chapter five-f of this code, as well as
any state board, agency, committee, or authority other than the Legislature.
§5-30-2. Legislative
findings.
The Legislature finds
that:
(1) The Second Amendment
to the Constitution of the United States provides: "A well regulated
Militia, being necessary to the security of a free state, the right of the
people to keep and bear arms, shall not be infringed."
(2) Section twenty-two,
Article III of the Constitution of the State of West Virginia provides: "A
person has the right to keep and bear arms for the defense of self, family,
home and state, and for lawful hunting and recreational use."
(3) All federal and
local statutes, ordinances, laws, orders, rules, or any other actions which
attempt to restrict, tax, or regulate the possession, use, discharge in lawful
self-defense, transportation, purchase, acquisition, sale, transfer, ownership,
carrying, manufacture, or repair of firearms, firearms accessories and
ammunition violate the Second Amendment to the Constitution of the United
States and Section twenty-two, Article III of the Constitution of the State of
West Virginia.
§5-30-3. Prohibitions
on federal and local infringements on the right to keep and bear arms, firearm
accessories and ammunition; felony; penalty; Attorney General to defend.
(a) All future federal
and local statutes, ordinances, laws, orders, rules, and any other actions
which attempt to restrict, tax, or regulate the possession, use, discharge in
lawful self-defense, transportation, purchase, acquisition, sale, transfer,
ownership, carrying, manufacture, or repair of firearms, firearm accessories,
ammunition and their accouterments contradict the true meaning and original
intent of the Second Amendment to the Constitution of the United States and
Section twenty-two, Article III of the Constitution of the State of West
Virginia. Those statutes, ordinances, laws, orders and rules which violate the
Constitution of the United States and the Constitution of the State of West
Virginia are invalid.
(b) All future federal
and local statutes, ordinances, laws, orders, rules, and any other actions
which attempt to restrict, tax, or regulate the possession, use, discharge in
lawful self-defense, transportation, purchase, acquisition, sale, transfer,
ownership, carrying, manufacture, or repair of firearms, firearm accessories,
ammunition and their accouterments shall not be recognized by this state and
shall not be given any recognition within the state as they are against public
policy. Those federal and local statutes, ordinances, laws, orders and rules
are null and void and of no effect within this state.
(c) It is the duty of the
State of West Virginia to adopt and enact any and all measures as may be
necessary to prevent the enforcement of any future federal and local statutes,
ordinances, laws, orders, rules, and any other actions in violation of the
Second Amendment to the Constitution of the United States and Section twenty-two,
Article III of the Constitution of the State of West Virginia and this section.
(d) Any attempt to
enforce any future federal or local statute, ordinance, law, order, rule, and
any other action which attempts to restrict, tax, or regulate possession, use,
discharge in lawful self-defense, transportation, purchase, acquisition, sale,
transfer, ownership, carrying, manufacture, or repair of firearms, firearm
accessories, ammunition or their accouterments within the State of West
Virginia by any official, officer or employee of the United States government,
the government of the State of West Virginia, any county government, local
government, or government of any municipality or any political subdivision is
guilty of a felony and, upon conviction, shall be confined in a correctional
facility not more than two years and fined not more than $10,000.
(e) The Attorney General
shall defend a citizen of West Virginia who is prosecuted by the United States
Government for violation of a federal law relating to the possession, use,
discharge in lawful self-defense, transportation, purchase, acquisition, sale,
transfer, ownership, carrying, manufacture, or repair of a firearm, a firearm
accessory or ammunition.
§5-30-4. Prohibitions
on infringements of the right to keep and bear arms by executive departments
and state agencies; felony; penalty.
(a) All future, laws,
orders, rules, policies and any other actions which attempt to restrict, tax,
or regulate the possession, use, discharge in lawful self-defense,
transportation, purchase, acquisition, sale, transfer, ownership, carrying,
manufacture, or repair of firearms, firearm accessories, ammunition and their
accouterments promulgated by any executive department of the State of West
Virginia without explicit statutory authority shall not be recognized by this
state and shall not be given any recognition within the state as they are
against public policy. Those future, laws, orders, rules, policies and any
other actions are null and void and of no effect within the state.
(b) Any attempt to
enforce any future, laws, orders, rules, policies and any other actions
described in subsection (a) of this section by any official, officer or
employee of the United States government, the West Virginia government, any
county government or local government is guilty of a felony and, upon
conviction, shall be confined in a correctional facility for not more than two
years and be assessed a fine of not more than $10,000.
§5-30-5. Exemptions;
retroactivity; ex post facto.
(a) Notwithstanding the
provisions of this article, local governments may enact zoning ordinances to
regulate the manufacture of arms and ammunition, pursuant to chapter eight-a of
this code: Provided, That the regulation does not restrict or hamper
said manufacture more than any other comparable industry within the
jurisdiction of the local government.
(b) Notwithstanding the
provisions of this article prohibiting the taxation of firearms, firearm
accessories, ammunition, or their accouterments, it shall not be unlawful for
local governments to tax such goods, provided that such tax is comparable and
common to other goods or commodities available in the jurisdiction and that the
power to impose such a tax is expressly granted by state law.
(c) Notwithstanding the
provisions of this article, local governments may enact ordinances, rules and
regulations governing the use and or possession of arms by individuals directly
employed as government officials while such individual is acting within the
course and scope of their official duties.
(d) This article is
effective retroactively to January 1, 2017. This article may not be construed
so as to create any ex post facto law.
NOTE: The purpose of this bill is to make all future federal and
local statutes, ordinances, laws, orders and rules concerning firearms, firearm
accessories, ammunition and their accouterments invalid and unenforceable. The
bill makes it a felony to attempt to enforce a federal or local statute,
ordinance, law, order or rule concerning firearms, firearm accessories,
ammunition and their accouterments that violate the state and federal Constitutions.
The bill makes legislative findings. The bill provides criminal penalties. The
bill requires the Attorney General to defend citizens of West Virginia who are
prosecuted by the United States Government for violation of a federal law
relating to the manufacture, sale, transfer or possession of a firearm, a
firearm accessory or ammunition. The bill provides for retroactivity. The bill
provides that ex post facto laws are not created.
Strike-throughs indicate language that would be stricken from a
heading or the present law, and underscoring indicates new language that would
be added.