Introduced Version
House Bill 2580 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2580
(By Delegates Folk, Nelson, J., Kump, Faircloth, Frich,
Phillips, R., Williams, Ireland, Perry, Householder and Cadle)
[Introduced February 21, 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 §5-30-1 and §5-30-2,
all relating to providing that all future federal, state and
local statutes, ordinances, laws, orders and rules concerning
firearms, firearm accessories, ammunition and their
accouterments are invalid and unenforceable; making it a
felony to attempt to enforce a federal, state or local
statute, ordinance, law, order or rule concerning firearms,
firearm accessories, ammunition and their accouterments that
violate the state and federal constitutions; making findings;
providing penalties; requiring the Attorney General to defend
citizens of West Virginia who are 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; providing for retroactivity;
and providing that ex post facto laws are not created.
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 §5-30-1 and §5-30-2,
all to read as follows:
ARTICLE 30. RIGHT TO KEEP AND BEAR ARMS.
§5-30-1. Legislative findings.
_____The Legislature of the State of West Virginia finds that:
_____(a) The Second Amendment to the Constitution of the United
States provides: "A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed."
_____(b) Article III, section twenty-two of the Constitution of
West Virginia provides: "A person has the right to keep and bear
arms for the defense of self, family, home and state, and for
lawful hunting and recreational use."
_____(c) All federal, state or local statutes, ordinances, laws,
orders or rules regarding firearms, firearms accessories and
ammunition violate the Second Amendment to the Constitution of the
United States and Article III, section twenty-two of the
Constitution of West Virginia.
§5-30-2. Prohibitions on federal, state or local infringement of
the right to keep and bear arms, firearm accessories
and ammunition; felony; penalty; Attorney General to
defend; retroactivity; ex post facto.
_(a) The State of West Virginia declares that as all future federal, state and local statutes, ordinances, laws, orders and
rules concerning firearms, firearm accessories, ammunition and
their accouterments contradict the true meaning and intent as given
by the founders and ratifiers of the Second Amendment to the
Constitution of the United States and Article III, section
twenty-two of the Constitution of the State of West Virginia those
statutes, ordinances, laws, orders and rules violate the
Constitution of the United States and the Constitution of the State
of West Virginia and are invalid.
_(b) All future federal, state and local statutes, ordinances,
laws, orders and rules concerning firearms, firearm accessories,
ammunition and their accouterments shall not be recognized by this
state and shall not be given any recognition within the state as
they are against public policy. Those federal, state and local
statutes, ordinances, laws, orders and rules are specifically
rejected by the State of West Virginia and are null and void and of
no effect within the state.
_(c) It is the duty of the State of West Virginia to adopt and
enact any and all measures as may be necessary to prevent the
enforcement of any future federal, state and local statutes,
ordinances, laws, orders and rules in violation of the Second
Amendment to the Constitution of the United States, Article III,
section Twenty-two of the Constitution of the State of West
Virginia and this section.
_(d) Any attempt to enforce those federal, state and local
statutes, ordinances, laws, orders and rules within the State of
West Virginia by any official, officer or employee of the United
States government, the West Virginia government, any county
government or local government that infringes upon the right to
keep and bear arms is guilty of a felony and, upon conviction,
shall be confined in a correctional facility not more than two
years and a fine of not more than $10,000.
_(e) The Attorney General shall 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.
_(f) This article is effective retroactively to January 1,
2013. This article may not be construed so as to create any ex
post facto law.
NOTE: The purpose of this bill is to make all future
federal, state and local statutes, ordinances, laws, orders and
rules concerning firearms, firearm accessories, ammunition and
their accouterments invalid and unenforceable. The bill makes it
a felony to attempt to enforce a federal, state or local statute,
ordinance, law, order or rule concerning firearms, firearm
accessories, ammunition and their accouterments that violate the
state and federal constitutions. The bill makes findings. The bill
provides penalties. The bill requires the Attorney General to
defend citizens of West Virginia who are 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. The bill provides for retroactivity. The
bill provides that ex post facto laws are not created.
This article is new; therefore, it has been completely
underscored.