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Introduced Version House Bill 2504 History

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hb2504 intr
H. B. 2504


          (By Delegates Marcum, Andes, Phillips, R., Nelson, J., Ferro, Ferns, White, Pethtel, Eldridge, Skaff and Phillips, L.)

          [Introduced February 15, 2013; 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 §61-7B-1 and §61-7B-2, all relating to
firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in West Virginia; authorizing the Attorney General to defend West Virginia citizens prosecuted for violation of such a federal law; and providing a felony criminal penalty for persons who attempt to enforce such a federal law.
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 §61-7B-1, §61-7B-2 and §61-7B-3, all to read as follows:
ARTICLE 7B. DEFENSE OF WEST VIRGINIA CITIZENS RIGHTS TO OWN AND POSSESS CERTAIN FIREARMS.
§61-7B-1. Legislative intent.
_____It is the intention of the Legislature in the enactment of this article to clarify that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other
limitation on firearms in this state shall be unenforceable in West Virginia in order to protect the rights of sportsmen and sportswomen and further protect and preserve the tenth amendment rights of the citizens of West Virginia under the Constitution of the United States of America.
§61-7B-2. Defense of West Virginia citizens; offense and _ __penalties.
_____(a) No public officer or employee of the state, a county or municipality or dealer selling any firearm in this state may enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in West Virginia and that remains exclusively within the borders of West Virginia.
_____(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in West Virginia and that remains exclusively within the borders of West Virginia is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than one nor more than five years, or both fined and imprisoned.
_____(c) The Attorney General may defend a citizen of West Virginia who is 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 owned or manufactured and retained exclusively within the borders of West Virginia.
_____(d) Any federal law, rule, regulation or order created or effective on or after January 1, 2013 shall be unenforceable within the borders of West Virginia if the law, rule, regulation or order attempts to:
_____(1) Ban or restrict ownership of a semi-automatic firearm or any magazine of a firearm; or
_____(2) Require any firearm, magazine or other firearm accessory to be registered in any manner.

_____



     NOTE: The purpose of this bill is to provide that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in West Virginia. The bill also authorizes the Attorney General to defend West Virginia citizens prosecuted for violation of such a federal law; provides a felony criminal penalty for persons who attempt to enforce such a federal law; and, provides for an effective date upon passage.


     This article is new; therefore, it has been completely underscored.
     
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