CHARLESTON, WV (LOOTPRESS) – A newly introduced bill in the West Virginia Senate aims to ensure that gun rights are immediately restored in the state if key federal firearm laws are repealed or struck down by the courts.
Senate Bill 478, introduced during the 2026 Regular Legislative Session, would create the Second Amendment Reaffirmation and Protection Act, a measure designed to prevent state or local governments from replacing federal gun restrictions if they are invalidated at the national level.
Under the bill, if any part of the National Firearms Act, Gun Control Act, or Firearm Owners Protection Act is repealed by Congress or nullified by a federal court, those restrictions would automatically have no effect in West Virginia. State agencies and local governments would be prohibited from enacting or enforcing laws that mirror or recreate the former federal regulations.
The legislation also reinforces statewide preemption, blocking counties and municipalities from adopting their own firearm restrictions that conflict with the act. In addition, state and local law enforcement agencies would be barred from assisting federal authorities in enforcing firearm regulations that have been repealed or ruled unconstitutional.
The bill includes protections for individuals, firearm businesses, and manufacturers, stating they may not be prosecuted or penalized for exercising rights restored under federal repeal. It also creates a private right of action, allowing citizens to sue government officials or agencies that violate the act. Successful lawsuits would allow plaintiffs to recover damages and attorney fees.
Supporters say the proposal is meant to safeguard Second Amendment rights and prevent what they describe as backdoor gun control at the state or local level. The bill declares the right to keep and bear arms a “natural, God-given right” recognized by the Constitution.
If enacted, the law would take effect immediately upon certification that a federal firearm restriction has been repealed or invalidated.
Senate Bill 478 has been referred to the Senate Judiciary Committee for further consideration
