SB 270: Declaring sale and manufacture of firearms essential business during declared emergency - West Virginia

sb270 hfa masters and butler 4-4 _1 adopted.htm → sb270 hfat akers 4-8 adopted.htm · 4 edits

MODERATE

The bill's title was amended to expand its scope and clarify its purpose, adding language about firearms safety training and creating a cause of action for damages related to unlawful firearm seizure. This change makes the bill's intent more explicit and broadens the protections for firearm owners during emergencies.

Scope change

The bill's scope was expanded to explicitly include firearms safety training providers as essential businesses and to create a legal remedy for unlawful firearm confiscation.

SCOPE

The bill title was changed from 'SB270 HFA Masters and Butler 4-4' to 'SB270 HFAT Akers 4-8', indicating a different sponsor and later date.

Added explicit language about adding entities engaged in firearms safety training to the list of essential businesses that cannot be restricted during emergencies.

ENFORCEMENT

Added a new provision creating a cause of action for damages, injunctive relief, or declaratory relief for unlawful seizure or confiscation of firearms or related accessories.

REQUIREMENT

Removed a specific amendment proposal to strike subdivision (9) of section 19a, line 48, which would have deleted certain language about activities.

sb270 hjud am. _1 4-2 adopted.htm → sb270 hfa masters and butler 4-4 _1 adopted.htm · 4 edits

MODERATE

The bill was amended to remove the entire text of SB 270, which previously established protections for firearm-related businesses and activities during declared emergencies. The amendment replaced the Judiciary Committee's version with a new amendment by Delegates Masters and Butler that only strikes a single subdivision regarding hunting and fishing restrictions, rather than replacing the entire bill.

Scope change

The bill's scope was significantly reduced from a comprehensive emergency firearms protection law to a much narrower amendment targeting only one specific subsection about hunting and fishing restrictions during emergencies.

SCOPE

Removed the entire bill text that declared firearm-related businesses as essential during emergencies and prohibited government restrictions on firearm possession, sales, and use during declared states of emergency.

ENFORCEMENT

Removed provisions that allowed individuals to sue for damages, injunctive relief, and attorney fees when government entities violated the emergency firearm protections.

ELIGIBILITY

Removed the automatic 60-day license extension provision for concealed carry permits that would expire during a declared state of emergency.

REQUIREMENT

Added a specific amendment instruction to strike only subdivision (9) of section 19a, which previously prohibited restrictions on hunting and fishing activities during emergencies.

Committee Substitute → sb270 hjud am. _1 4-2 adopted.htm · 6 edits

MODERATE

The bill was amended to significantly expand protections for firearm-related businesses and individuals during emergencies. The amendment adds new protections for shooting ranges and firearms training providers, extends concealed carry license expiration dates by up to 60 days during emergencies, and creates a $5,000 civil penalty for violations of seizure restrictions. It also clarifies that hunting and fishing activities cannot be restricted unless consistent with general travel restrictions.

Scope change

The bill's scope was expanded to include firearms safety training providers and hunting/fishing activities as protected essential services during emergencies, and to provide automatic extensions for concealed carry licenses.

SCOPE

Added protection for indoor/outdoor shooting ranges and firearms safety training providers from closure or hour limitations during emergencies

Added protection for hunting and fishing activities from restrictions unless consistent with general travel restrictions on state lands

TIMELINE

Added automatic 60-day extension for concealed carry licenses that expire during a declared emergency

ENFORCEMENT

Added $5,000 civil penalty per violation for unlawful seizure or confiscation of firearms and related items

Expanded venue options for lawsuits to include where the violation occurred or where the aggrieved person resides

REQUIREMENT

Added requirement that law enforcement must return seized firearms to individuals before release unless taking them into custody or seizing as evidence

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was reformatted from a formal legislative document to a web page display, with substantive content changes including expanded protections for firearm owners during emergencies, new civil remedies for unlawful confiscation, and clearer definitions of essential businesses. The text now includes more detailed provisions for license extensions and exceptions for law enforcement actions.

Scope change

The bill's scope was expanded to include more specific protections for firearm owners during emergencies, with additional civil remedies and clearer enforcement guidelines.

REQUIREMENT

Added detailed provisions for automatic extension of concealed carry licenses during emergencies, including specific conditions and exceptions.

ENFORCEMENT

Created new civil remedies allowing individuals to sue for damages, injunctive relief, and attorney's fees when firearms are unlawfully seized or confiscated during emergencies.

SCOPE

Expanded the list of prohibited government actions during emergencies to include more specific restrictions on registration, seizure, and operation limitations.

DEFINITION

Added clearer definitions of essential businesses and services related to firearms, ammunition, and related accessories.

Introduced Version → Enrolled Committee Substitute · 5 edits · Apr 25, 2025

MODERATE

The bill was amended to reorganize its structure, moving from Article 7 (Dangerous Weapons) to Article 5 (Homeland Security and Emergency Management) and changing the section number from §61-7-10a to §15-5-19a. The substantive policy content remains largely the same, declaring firearm-related businesses as essential during emergencies and prohibiting government restrictions on firearm possession and sales during such times.

Scope change

The bill's scope shifted from the Dangerous Weapons article to the Homeland Security and Emergency Management article, reflecting a reorganization of where this emergency powers provision sits within the state code.

TECHNICAL

The bill was reorganized and renumbered, moving from Article 7 (§61-7-10a) to Article 5 (§15-5-19a) to align with the state's emergency management statutes.

DEFINITION

The term 'concealed handgun license' was updated to 'license to carry a concealed deadly weapon' to match current statutory language in the code.

ENFORCEMENT

New subsection (c) clarifies that general evacuation orders or business closures during emergencies do not violate this bill's protections.

Subsection (e) was added to list specific exceptions where government authorities may still restrict firearm sales or possession during emergencies, such as riot suppression or evidence collection.

REQUIREMENT

The license extension provision was streamlined and clarified, maintaining the 60-day extension but simplifying the language around conditions and restrictions.

Declaring sale and manufacture of firearms essential business during declared emergency

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