SB 850 West Virginia Senate · 2026 Regular Session

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
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Full legislative history

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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