§61-7B-1. Short Title
This article shall be known and may be cited as the West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act.
§61-7B-10. Law-Enforcement Immunity
(a) No head of a law-enforcement agency or law-enforcement officer under his or her command may be required, at the direction of an agency of the federal government, to act in a law-enforcement capacity to enforce a federal statute, executive order, agency order, rule or regulation determined by the Attorney General to infringe upon rights […]
§61-7B-2. Legislative Findings and Intent
The Legislature of the State of West Virginia finds: (1) The right to keep and bear arms is a fundamental right and freedom enshrined in the federal and state constitutions. 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 […]
§61-7B-3. Definitions
For purposes of this article, the following words and phrases have the following meaning: “Commandeering” means taking control of or seizing the assets, personnel, or operations of an agency of this state, or of a political subdivision of this state, or the employees of an agency or political subdivision of this state without the express […]
§61-7B-4. Federal Commandeering Prohibited
No agency of this state, political subdivision of this state, or employee of an agency, or political subdivision of this state, acting in his or her official capacity, may be commandeered by the United States government under an executive order or action of the President of the United States or under an act of the […]
§61-7B-5. Prohibitions on Police Activity
(a) No police agency, department, or officer of this state may participate in the execution of a federal search warrant when the only property sought to be taken and seized under the warrant is firearms, firearms accessories, or ammunition which is lawful for the person, whose premises are to be searched, to possess under the […]
§61-7B-6. Prohibition on Court Action
No court of this state has authority or jurisdiction to issue an order depriving a citizen of this state of his or her right to possess firearms, firearms accessories, or ammunition under any red flag law.
§61-7B-7. Permitted Activities
Notwithstanding the limitations in sections four and five of this article, this article does not prevent any West Virginia law-enforcement agency from doing any of the following that does not violate any policy of the law-enforcement agency or any local law or policy of the jurisdiction in which the agency is: (1) Investigating, enforcing, or […]
§61-7B-8. Attorney General Authorized and Directed to Challenge Unconstitutional Federal Actions Related to Firearms
Whenever any federal statute, presidential executive order, agency order, federal law, rule, or regulation is determined by the Attorney General of this state to infringe upon the right to keep and bear arms affirmed under the Second Amendment to the Constitution of the United States, the Attorney General shall commence and prosecute legal challenges to […]
§61-7B-9. Attorney General to Publish Model Policies
On or before January 1, 2022, and as often thereafter as he or she shall consider necessary, the Attorney General shall publish policies for police departments and agencies of this state, and for the police departments and agencies of the political subdivisions of this state, providing guidance on resistance to federal commandeering and lawful measures […]