HOUSE CONCURRENT RESOLUTION 37

(By Delegates Conley, Haynes, Horst, Mallow, Longanacre, Holstein and Barnhart)

[Introduced March 11, 2021; Referred to the Committee on the Judiciary then Rules]

Declaring the State of West Virginia as a United States Constitution Sanctuary State.

Whereas, In order to ensure the rights of the citizens of the state of West Virginia which are protected by the United States Constitution, and the Bill of Rights of that Constitution, which reserves the right of the citizens to decide on matters which concern their lives, liberty, and property in the ordinary course of affairs:

Whereas, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble; or to petition the government for a redress of grievances; and

Whereas, A well regulated militia, being necessary to the security of a free state, and the right of the people to keep and bear arms, shall not be infringed; and

Whereas, No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner to be prescribed by law; and

Whereas, The right of the people to secure in his or her persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and persons or things to be seized; and

Whereas, No person shall be held to answer for a capital, or infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in a militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation; and

Whereas, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which shall have been previously ascertained by law; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor; and to have the assistance of counsel for his or her defense; and

Whereas, In lawsuits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, except according to the rules of common law; and

Whereas, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; and

Whereas, The enumeration in the Constitution of the United States of certain rights shall not be construed to deny or disparage others retained by the people; and

Whereas, The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people; and

Whereas, The Legislature finds that Section 1 of the Fourteenth Amendment to the Constitution of the United States declares that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside, and no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws; and

Whereas, The right of the people is further protected from infringement by state, federal and local governments under the Ninth, Tenth, and Fourteenth amendments to the Constitution of the United States; and

Whereas, Notwithstanding any law, regulation, rule or order to the contrary, no agent, department, employee or official of the State of West Virginia or political subdivision thereof, while acting in his or her official capacity, shall knowingly and willingly, participate in any way in the enforcement of any unlawful or unconstitutional act, as defined in this resolution, regarding freedom of religion, freedom of speech, freedom of the people to peaceably assemble, freedom of the press, freedom to petition the government for a redress of grievances, or the right of the people to keep and bear arms; and

Whereas, As used in this resolution, an “unlawful act” means any federal, state or local act, law, order, rule, or regulation, which restricts an individual’s constitutional rights, and shall include, but not be limited to, the following:

(a) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services on the purchase or ownership of those items by citizens;

(b) Any registration or tracking of firearms, firearm accessories, or ammunition;

(d) Any act forbidding the possession, manner of carry, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by citizens of the legal age;

(e) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from citizens;

(f) Any prohibition, regulation, and or use restriction related to ownership or the constitutionally guaranteed lawful use or carry of firearms;

(g) Any use of State funds or funds given to the State by any entity, to participate in a “gun buyback” program or event; and

(h) Any use of State funds given to the State by any entity that has violated an individual’s rights as outlined in the Bill of Rights; and

Whereas, The right to bear arms protection, as provided to citizens by this resolution, does not apply to persons who have been convicted of felony crimes, and this resolution is not intended to prohibit or affect in any way the prosecution of any crime for which the use of, or possession of, a firearm is an aggravating factor or enhancement to an otherwise independent crime, unless such crimes have been expunged by order of a court of competent jurisdiction; and

Whereas, The provisions of this resolution are hereby declared to be severable, and if any provision of this resolution or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this resolution; and

Whereas, The Legislature finds that the citizens of the state of West Virginia have taken notice and voiced concerns for their rights under the United States Constitution and Bill of Rights, therefore, an emergency is declared to exist in the state of West Virginia; and

Whereas, The state of West Virginia has the right to be free from the commanding hand of the state and federal government, to refuse to cooperate with state and federal government officials in response to unconstitutional state and federal government measures, and to proclaim a U.S. Constitution sanctuary for law-abiding citizens in the state of West Virginia; therefore, be it:

Resolved by the Legislature of West Virginia:

That West Virginia hereby is declared a U.S. Constitution sanctuary state; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the President and Secretary of the United States Senate and to the Speaker and Clerk of the United States House of Representatives, and copies to the members of the said Senate and House of Representatives from this state.