SB478 SFA Tarr 2-5 #1

Burgess 4840

Senator Tarr moved to amend the bill on page 2, section 13, lines 20-23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:

(f) Notwithstanding §8-12-5a of this code, no state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government may restrict the authorization provided in this section by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That unless federal firearms law is more permissive than West Virginia law, rule, or ordinance,  the provisions of this subsection do not apply to an individual when a firearm carried by a lawful adult is within a correctional facility building, school building, or dedicated judicial rooms or corridors.  

(1) If any provision or any part or clause of any provision of this article, or the application thereof to any person or circumstance, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this article.

(2) Every further 2nd and 14th amendment right recognized by the Constitution of the United States will be restored and reaffirmed upon repeal or judicial nullification of any federal firearms restriction, regulation, or classification by Congress, the U.S. Supreme Court, or a federal court of final jurisdiction.

(3) The provisions of this section shall take effect immediately.

Adopted

Rejected