SB 478: Second Amendment Reaffirmation and Protection Act - West Virginia

sb478 sfa tarr _3 2-11 adopted.htm → sb478 sfat tarr _1 2-12 adopted.htm · 3 edits

MINOR

The bill's title and amendment language were simplified and reorganized. The original version included detailed amendment instructions and specific text for new subsections, while the new version replaces this with a single motion to change the bill's title to better reflect its comprehensive purpose.

Scope change

The bill's scope remains substantively the same, but the title now more clearly describes the full range of provisions including Second Amendment protection, federal law limitations, enforcement restrictions, and statutory construction rules.

TECHNICAL

The amendment language was changed from detailed instructions to amend specific sections to a single motion to replace the bill's title.

A new title was added that explicitly lists all major provisions of the bill including Second Amendment reaffirmation, federal law limitations, enforcement restrictions, and statutory construction rules.

Detailed amendment instructions and specific text for new subsections (f), (g), and (h) were removed from the amendment language.

Committee Substitute → sb478 sfa tarr _3 2-11 adopted.htm · 5 edits

MODERATE

A committee substitute version of SB 478 was amended to remove two subsections (f) and (g) that provided a civil cause of action for damages and attorney fees against officials enforcing invalidated federal firearms laws, and to replace them with new provisions that explicitly prohibit state and local entities from limiting concealed carry rights based on ammunition capacity, caliber, modifications, accessories, location, or carry method, while also adding specific exemptions for correctional facilities, schools, and Supreme Court areas. The amendment also strengthened the construction rules to clarify that the bill does not affect existing state firearms laws and includes a severability clause.

Scope change

The bill's scope expanded to explicitly prohibit restrictions on concealed carry based on specific firearm characteristics and carry methods, while the enforcement mechanism changed from a direct civil lawsuit against officials to seeking redress through existing administrative procedures under §53-1-1 et seq.

ENFORCEMENT

Removed subsection (f) which allowed individuals to file civil lawsuits for damages and attorney fees against state officials enforcing invalidated federal firearm restrictions.

Modified the redress mechanism from direct civil lawsuits to seeking remedies through existing administrative procedures under §53-1-1 et seq. of the code.

REQUIREMENT

Added new subsection (f) prohibiting state and local entities from limiting concealed carry rights based on ammunition capacity, caliber, firearm modifications, accessories, location of carry, or method of concealed carry, with exemptions for correctional facilities, schools, and Supreme Court areas.

DEFINITION

Added new subsection (h) with construction rules clarifying that the bill does not affect §8-12-5a, does not interfere with independently established state firearms laws, excludes military facilities, and includes a severability clause.

TIMELINE

Added provision stating that the section's provisions shall take effect immediately.

Engrossed Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill was modified to remove a provision prohibiting state entities from limiting concealed carry rights based on firearm specifications and replaced it with a new cause of action for individuals harmed by enforcement of invalidated federal firearm restrictions. The construction section was also reorganized to clarify legislative authority and cooperation with federal authorities while maintaining independent state enforcement powers.

Scope change

The bill's scope shifted from including restrictions on concealed carry specifications to focusing primarily on civil remedies for violations of invalidated federal firearm laws.

REQUIREMENT

Removed subsection (f) that prohibited state entities from limiting concealed carry rights based on ammunition capacity, caliber, firearm modifications, accessories, decibel levels, location of carry, or method of concealed carry.

Removed subsection (g) that provided for redressability through writs of prohibition and mandamus, replacing it with the new civil cause of action provision.

ENFORCEMENT

Added subsection (f) creating a civil cause of action allowing individuals to sue for damages and attorney fees when aggrieved by enforcement of repealed, unconstitutional, or invalidated federal firearm restrictions.

DEFINITION

Reorganized and modified the construction section to clarify that the bill does not limit legislative authority to enact independent firearms regulations, prohibits cooperation with federal authorities in enforcing valid federal law, and maintains enforcement of independently established state firearms offenses.

Introduced Version → Engrossed Committee Substitute · 6 edits · Feb 12, 2026

MODERATE

The bill was significantly revised during committee review, changing from a broad multi-article framework to a single consolidated section. The revised version narrows the scope by removing specific article designations and consolidating provisions into one section under the Dangerous Weapons article. Key substantive changes include adding explicit protections against state entities limiting concealed carry rights, incorporating writs of prohibition and mandamus as enforcement mechanisms, and clarifying construction rules to preserve existing state firearms laws.

Scope change

The bill's scope was narrowed from adding nine new articles (2-1A-1 through 2-1A-9) to adding a single section (§61-7-13) within the existing Dangerous Weapons article. The revised version also changed the effective date trigger from immediate certification of federal repeal to immediate enactment.

SCOPE

Changed from adding nine new articles to adding one consolidated section within the existing Dangerous Weapons article.

REQUIREMENT

Added explicit prohibition against state entities limiting concealed carry rights based on ammunition capacity, caliber, firearm modifications, accessories, decibel levels, location, or method of carry.

ENFORCEMENT

Added writs of prohibition and mandamus as mechanisms for seeking redress for alleged violations of the section.

Changed enforcement restrictions to prohibit state entities from knowingly enforcing federal firearm restrictions after knowledge of repeal or invalidation, with administrative discipline and loss of state funding as penalties.

TECHNICAL

Added construction rules clarifying that existing state firearms laws remain unaffected and that unconstitutionality of one provision does not invalidate others.

TIMELINE

Removed the immediate effective date trigger tied to certification of federal repeal, replacing it with immediate enactment upon passage.

Second Amendment Reaffirmation and Protection Act

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