Senate Bill No. 420
(By Senators Nohe, Sypolt, Blair, Boley, Carmichael, Cole, D.
Hall and Walters)
[Introduced March 4, 2013; referred to the Committee on he
Judiciary; and then to the Committee on Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-7-16, relating to
creating the Firearm Protection Act; providing that any
federal law which attempts to ban semiautomatic firearms or to
limit the size of a magazine of a firearm or other limitation
on firearms in this state is unenforceable in West Virginia;
and providing for an effective date.
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 section, designated §61-7-16, to read as
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-16. Firearm protection act.
(a) A public servant, as defined by any section within the Code of West Virginia, or dealer selling any firearm in this state
may not enforce or attempt to enforce any act, law, statue, 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) 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
(c) Any federal law, rule, regulation or order created or
effective on or after March 1, 2013, is unenforceable by state
officials within the borders of West Virginia if the law, rule,
regulation or order attempts to:
(1) Ban or restrict ownership of a semiautomatic firearm or
any magazine of a firearm; or
(2) Require any firearm, magazine or other firearm accessory
to be registered in any manner.
(d) A public servant or citizen of West Virginia may not be
prosecuted in the courts of the State of West Virginia for failing
to follow or enforce any law described in subsection (c) of this
(e) This section is effective immediately upon completion of
all acts necessary for a bill to become law as provided by the Code
of West Virginia.
NOTE: The purpose of this bill is to create the "Firearm
Protection Act" that provides that any federal law effective after
March 1, 2013 which attempts to ban semiautomatic firearm or to
limit the size of a magazine of a firearm or other limitation on
firearms in this state is unenforceable in West Virginia. The bill
also provides for an effective date.
§61-7-16 is new; therefore, strike-throughs and underscoring
have been omitted.