HOUSE RESOLUTION 9

(By Delegate Longanacre)

January 30, 2023

Referred to the Committee on Rules

Requesting United States Senator Joe Manchin, III and United States Senator Shelley Moore Capito to not support any infringement-not even the slightest-upon the Second Amendment to the Constitution of the United States, including "Red Flag Laws" of any kind.

Whereas, The Second Amendment to the U. S. Constitution guarantees all West Virginians the fundamental and inalienable right to bear arms; the Supreme Court of the United States has interpreted this guarantee as an individual right as opposed to a collective right enjoyed only by colonial militias; and

Whereas, in the 2021 regular session, this Legislature enacted §61-7B-2 of the Code of West Virginia, 1931, as amended, in which this Legislature made legislative findings which provided, in part:

"The right to keep and bear arms is a fundamental right and freedom enshrined in the federal and state constitutions.  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". Article III, section 22 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.";

"There is a genuine concern among a significant number of West Virginians that the executive branch of the federal government is poised to improperly infringe on the right to keep and bear arms using executive orders issued by the President of the United States or under acts of the Congress of the United States that violate the liberties guarded by the Second Amendment to the Constitution of United States;" and

Whereas, The House of Delegates will not support any-not even the slightest-infringement upon the Second Amendment to the Constitution of the United States, including any proposal of "Red Flag Laws", which have been proposed by the President of the United States; and

Whereas, The House of Delegates also supports stronger and more stringent sentences for criminals who use any kind of firearm in the commission of any type of crime not involving self defense; Therefore, be it   

Resolved by the House of Delegates:

That United States Senator Joe Manchin, III and United States Senator Capito are hereby requested to not support any infringement-not even the slightest- upon the Second Amendment to the Constitution of the United States, including "Red Flag Laws" of any kind; and, be it

Further Resolved, That United States Senator Joe Manchin, III and United States Senator Shelley Moore Capito are hereby requested to support stronger and more stringent sentences for criminals who use any kind of firearm in the commission of any type of crime not involving self defense; and, be it

Further Resolved, That the Clerk of the House forward a copy of this resolution to United States Senator Joe Manchin, III and United States Senator Shelley Moore Capito.