Introduced Version
House Bill 2504 History
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Key: Green = existing Code. Red = new code to be enacted
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.