SB478 SFA Tarr #2 2-9

Cobb 7888

 

Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections designated subsections (f), (g), and (h) to read as follows:

(f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.

(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq. of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails. 

  1.  Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S. Supreme Court or a federal court of final jurisdiction of any federal firearms restriction, regulation, or classification.

(h) Construction. — This section shall be construed using the following rules:

(1) Nothing in this provision shall be construed to:

(A) Abrogate or alter §8-12-5a of this code; or

(B) Affect the enforcement of any provision of this code that independently establishes a firearms-related offense, restriction, or regulation under state law.

(2) If any provision or any part or clause of any provision of this section, or its application, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this section.

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

Adopted

Rejected