WEST virginia legislature

2021 regular session

Engrossed

Committee Substitute

for

Committee Substitute

for

Senate Joint Resolution 1

By Senators Tarr, Rucker, Phillips, Martin, Grady, Roberts, Hamilton, Karnes, Maroney, Smith, Woodrum, Maynard, and Azinger

[Originating in the Committee on Finance; reported on March 27, 2021]

Proposing an amendment to the Constitution of the State of West Virginia, amending section 22, article III thereof, relating to the right to keep and bear arms; prohibiting county or municipal governments from enacting ordinances, acts, resolutions, or rules that are contrary to, or more restrictive than, state law governing the sale, transfer, possession, use, storage, taxation, registration, licensing, or carrying of firearms, ammunition, or firearm accessories; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2022, which proposed amendment is that section 22, article III thereof, be amended to read as follows:

ARTICLE III. Bill of Rights.

§22.  Right to Keep and Bear Arms.

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.

A county or municipality of this state may not adopt any ordinance, act, resolution, or rule, that is contrary to or more restrictive than state law governing the sale, transfer, possession, use, storage, taxation, registration, licensing, or carrying of firearms, ammunition, or firearm accessories.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Protection of the Right to Bear Arms Amendment” and the purpose of the proposed amendment is summarized as follows:  “To amend the State Constitution to prohibit counties and municipalities of the state from regulating firearms, ammunition, and firearms accessories more restrictively than state law.”