WEST VIRGINIA LEGISLATURE

2023 REGULAR SESSION

Introduced

Senate Joint Resolution 1

By Senators Tarr, Phillips, Woodrum, Hunt, Chapman, Karnes, Smith, and Maroney

[Introduced January 11, 2023; referred
to the Committee on the Judiciary; and then to the Committee on Finance]

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 restriction of this amendment by state or local government; 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 2024, 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. No agent, agency, municipality, county, or any other political subdivision of state government may restrict this right by means of locality, ammunition capacity, caliber, modification, accessory, decibel, method of carry, or by any other means.

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 the state, counties, municipalities or other political subdivisions of the state from restricting the right to keep and bear arms."

NOTE: The purpose of this resolution is to amend the State Constitution to prohibit the state, counties, municipalities, or other political subdivisions of the state from restricting the right to keep and bear arms.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.