Creating Second Amendment Preservation Act
West Virginia's SB 850 creates the "Second Amendment Preservation Act," prohibiting state enforcement of federal regulations on intrastate firearm sales, transfers, or possession within West Virginia. The bill declares such federal rules "null and invalid" and imposes civil penalties of $50,000 per violation plus attorney fees against federal entities like the ATF that attempt to enforce them. It requires the state Attorney General to defend West Virginia residents prosecuted by federal authorities for intrastate firearm transactions and to sue federal actors violating the act. The law specifically applies to transactions occurring entirely within West Virginia, not interstate commerce.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2026
Last action Feb 9, 2026
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
4
Key actions
0
Committee
2
Feb 9, 2026
Committee
To Judiciary
upper
Feb 9, 2026
Introduced
Introduced in Senate
upper
Feb 9, 2026
Committee
To Judiciary then Finance
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chris Rose
RRepublican
Co
Jay Taylor
RRepublican
Co
Mark Maynard
RRepublican
Co
Patricia Rucker
RRepublican
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