CHARLESTON, WV (LOOTPRESS) – A new bill, HB 2974, known as the Second Amendment Preservation Act, has been introduced in the West Virginia House of Delegates. The proposed legislation aims to prevent federal regulation of firearm sales and transfers within the state and impose penalties on those who attempt to enforce such regulations.
Key Provisions of HB 2974:
- Prohibits federal restrictions on the intrastate sale or transfer of firearms, accessories, and ammunition within West Virginia.
- Nullifies federal laws, orders, and regulations that attempt to limit, tax, or prohibit gun sales within the state.
- Prevents local law enforcement and state officials from enforcing federal gun laws deemed to infringe on Second Amendment rights.
- Allows West Virginians to seek damages of $50,000 per violation if federal or state officials attempt to enforce firearm restrictions.
- Requires the West Virginia Attorney General to defend state residents facing federal prosecution over intrastate firearm sales.
- Authorizes the Attorney General to pursue civil lawsuits and criminal charges against federal agencies or officials who enforce federal firearm regulations in the state.
The bill also removes sovereign immunity as a defense for government officials who violate the act.
Supporters argue that HB 2974 strengthens West Virginians’ Second Amendment rights, while critics warn that federal firearm laws still supersede state laws under the Supremacy Clause of the U.S. Constitution.
The bill is currently under consideration in the West Virginia Legislature.
