SENATE CONCURRENT RESOLUTION 54

(By Senators Azinger, Grady, Lindsay, Maynard, Phillips, Romano, Rucker, Smith, Stover, Takubo, Weld, Woelfel, Woodrum, and Trump)

[Originating in the Committee on the Judiciary; reported on March 24, 2021]

Urging Congress and the President of the United States to protect the Second Amendment of the United States Constitution.

Whereas, The Second Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, provides that, “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”; and

Whereas, The right to keep and bear arms is a fundamental right which is embodied in the constitutions of 44 states, and represents the belief of James Madison that the federal government does not have the authority to disarm citizens; and

Whereas, The Supreme Court of the United States in the case of the District of Columbia v. Heller, 554 U.S 570 (2008), ruled that the undue restriction of handguns, which are commonly used for traditionally lawful purposes like self-protection within the home, is a violation of the Second Amendment of the United States Constitution and declared that the Second Amendment shall be read to, “guarantee the individual right to possess and carry weapons in case of confrontation”; and

Whereas, The Supreme Court of the United States in the case of McDonald v. Chicago, 561 U.S 742 (2010), ruled that the “right to keep and bear arms” as protected by the Second Amendment, is incorporated within the Due Process Clause of the Fourteenth Amendment; and

Whereas, The Supreme Court of the United States in McDonald v. Chicago, held that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states; and

Whereas, Justice Samuel A. Alito gave the opinion of the court in McDonald v. Chicago stating that rights that are “fundamental to our scheme of ordered liberty” and are “deeply rooted in the country’s history and tradition” are applied to the states through the Fourteenth Amendment; and

Whereas, On November 4th, 1986, the Right to Keep and Bear Arms Amendment to the West Virginia Constitution was approved by the voters of West Virginia, stating that, “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”; and

Whereas, The Right to Keep and Bear Arms Amendment to the West Virginia Constitution was overwhelmingly approved by voters of this great state, which reflects the importance of not unduly restricting this unalienable right; and

Whereas, The citizenry of West Virginia urges the acknowledgment and protection of the right to keep and bear arms; and

Whereas, The natural rights enshrined within the founding of our nation should be protected to the greatest degree possible; and

Whereas, It is the desire of the West Virginia Legislature to respectfully urge Congress and the President of the United States to not unreasonably restrict citizens’ right to keep and bear arms; and

Whereas, Any efforts made to restrict these rights unreasonably will, within the limits of state and federal law, be met with strong opposition and the utilization of all lawful means in order to protect the citizens of West Virginia; and

Whereas, The West Virginia Legislature honors the U.S Supreme Court precedent affirming the right to keep and bear arms and supports both the United States Constitution and the West Virginia Constitutional provisions which protect this cherished right; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges Congress and the President of the United States to protect the Second Amendment of the United States Constitution; and, be it

Further Resolved, That the Legislature expresses its unwavering support of the unalienable right to keep and bear arms; and, be it

Further Resolved, That the Legislature opposes any executive action by the President of the United States or any act of Congress that unreasonably restricts an individual’s right to keep and bear arms, firearm accessories, or ammunition; and, further

Further Resolved, That the Legislature beseeches Congress to forego and refrain from the enactment of any law or laws that would infringe upon the constitutional right to keep and bear arms; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of West Virginia, the Majority Leader of the United States Senate, the Speaker of the House of the United States House of Representatives, the President of the United States, the Honorable Joe Manchin, the Honorable Shelley Moore Capito, the Honorable David McKinley, the Honorable Alex Mooney, and the Honorable Carol Miller.