Introduced Version
Senate Bill 330 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 330
(By Senators Unger, Beach, Williams and Nohe)
____________
[Introduced February 20, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary .]
____________
A BILL to amend and reenact §15-5-6 and §15-5-19a of the Code of
West Virginia, 1931, as amended, all relating to the Division
of Homeland Security and Emergency Management; emergency
powers of the Governor; possession of firearms during a
declared state of emergency; prohibiting the seizure or
confiscation of lawfully possessed firearms or the
registration of such firearms or ammunition during a declared
state of emergency; and providing remedies for violations of
these provisions, including an action at law and awarding of
attorney fees and costs for prevailing plaintiffs.
Be it enacted by the Legislature of West Virginia:
That §15-5-6 and §15-5-19a of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-6. Emergency powers of Governor.
The provisions of this section shall be operative only during
the existence of a state of emergency. The existence of a state of
emergency may be proclaimed by the Governor or by concurrent
resolution of the Legislature if the Governor in such proclamation,
or the Legislature in such resolution, finds that an attack upon
the United States has occurred or is anticipated in the immediate
future, or that a natural or man-made disaster of major proportions
has actually occurred or is imminent within the state, and that the
safety and welfare of the inhabitants of this state require an
invocation of the provisions of this section. Any such emergency,
whether proclaimed by the Governor or by the Legislature, shall
terminate upon the proclamation of the termination thereof by the
Governor, or the passage by the Legislature of a concurrent
resolution terminating such emergency.
So long as such state of emergency exists, the Governor shall
have and may exercise the following additional emergency powers:
(a) To enforce all laws, rules and regulations relating to the
provision of emergency services and to assume direct operational
control of any or all emergency service forces and helpers in the
state;
(b) To sell, lend, lease, give, transfer or deliver materials
or perform functions relating to emergency services on such terms
and conditions as he or she shall prescribe and without regard to the limitations of any existing law and to account to the State
Treasurer for any funds received for such property;
(c) To procure materials and facilities for emergency services
by purchase, condemnation under the provisions of chapter
fifty-four of this code or seizure pending institution of
condemnation proceedings within thirty days from the seizing
thereof and to construct, lease, transport, store, maintain,
renovate or distribute such materials and facilities. Compensation
for property so procured shall be made in the manner provided in
chapter fifty-four of this code;
(d) To obtain the services of necessary personnel, required
during the emergency, and to compensate them for their services
from his or her contingent funds or such other funds as may be
available to him or her;
(e) To provide and compel the evacuation of all or part of the
population from any stricken or threatened area within the state
and to take such steps as are necessary for the receipt and care of
such evacuees;
(f) To control ingress and egress to and from a disaster area,
the movement of persons within the area and the occupancy of
premises therein;
(g) To suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the
orders, rules or regulations of any state agency, if strict compliance therewith would in any way prevent, hinder or delay
necessary action in coping with the emergency;
(h) To utilize such available resources of the state and of
its political subdivisions as are reasonably necessary to cope with
the emergency;
(i) To suspend or limit the sale, dispensing or transportation
of alcoholic beverages, firearms, explosives and combustibles;
(j) To make provision for the availability and use of
temporary emergency housing; and
(k) To perform and exercise such other functions, powers and
duties as are necessary to promote and secure the safety and
protection of the civilian population.
No powers granted under this section may be interpreted to
authorize the seizure or confiscation of a firearm from a person
unless that firearm is unlawfully possessed or unlawfully carried
by the person, or the person is otherwise engaged in a criminal act
any action that would violate the prohibitions of section
nineteen-a of this article.
§15-5-19a. Possession of firearms during a declared state of
emergency.
No powers granted under this article to state or local
authorities may be interpreted to authorize the seizure or
confiscation of a firearm from a person during a declared state of
emergency unless that firearm is unlawfully possessed or unlawfully carried by the person, or the person is otherwise engaged in a
criminal act.
(a) No person acting on behalf or under the authority of the
state or a political subdivision of the state may do any of the
following during a declared state of emergency:
_____(1) Prohibit or restrict the otherwise lawful possession, use,
carrying, transfer, transportation, storage or display of a firearm
or ammunition;
_____(2) Seize, confiscate or authorize the seizure or confiscation
of any otherwise lawfully-possessed firearm or ammunition unless
the person acting on behalf of or under the authority of the state
is defending himself or another from an assault, arresting a person
in actual possession of a firearm or ammunition for a violation of
law or unless the firearm or ammunition is being seized or
confiscated as evidence of a crime; or
_____(3) Require registration of any firearm or ammunition.
_____(b) The prohibitions of subsection (a)(1) as they relate to
transfer do not apply to the commercial sale of firearms or
ammunition if an authorized authority has ordered an evacuation or
general closure of businesses in the affected area.
_____(c) Any individual aggrieved by a violation of this section
may seek relief in an action at law or in equity for redress
against any person who subjects the individual or causes the
individual to be subjected to an action prohibited by this section.
_____(d) In addition to any other remedy at law or in equity, an
individual aggrieved by the seizure or confiscation of a firearm or
ammunition in violation of this section may bring an action for the
return of the firearm or ammunition in the circuit court of the
county in which that individual resides or in which the firearm or
ammunition is located.
_____(e) In any action or proceeding to enforce this section, the
court shall award a prevailing plaintiff costs and reasonable
attorney fees.
NOTE: The purpose of this bill is to prohibit the seizure or
confiscation of lawfully possessed firearms or the registration of
such firearms or ammunition during a declared state of emergency.
The bill also provides remedies for violations of these provisions,
including an action at law and awarding of attorney fees and costs
for prevailing plaintiffs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Webmaster | © 2024 West Virginia Legislature **
