H. B. 4369

         (By Delegates Folk, Perry, Kump, Williams,

         Faircloth, Ireland, Gearheart, Butler,

         Householder, R. Smith and Cadle)

         [Introduced January 29, 2014; referred to the

         Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1 and §5-30-2, all relating to providing that all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; making it a felony to attempt to enforce a federal or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions; making findings; providing penalties; requiring the Attorney General to defend citizens of West Virginia who are prosecuted by the United States government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition; providing for retroactivity; and providing that ex post facto laws are not created.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5-30-1 and §5-30-2, all to read as follows:

ARTICLE 30. RIGHT TO KEEP AND BEAR ARMS.

§5-30-1. Legislative findings.

    The Legislature of the State of West Virginia finds that:

    (a) The Second Amendment to the Constitution of the United States provides: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”

    (b) Article III, section twenty-two of the Constitution of West Virginia provides: “A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.”

    (c) All federal or local statutes, ordinances, laws, orders or rules regarding firearms, firearms accessories and ammunition violate the Second Amendment to the Constitution of the United States and Article III, section twenty-two of the Constitution of West Virginia.

§5-30-2. Prohibitions on federal, state or local infringement of the right to keep and bear arms, firearm accessories and ammunition; felony; penalty; Attorney General to defend; retroactivity; ex post facto.

    (a) The State of West Virginia declares that as all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments contradict the true meaning and intent as given by the founders and ratifiers of the Second Amendment to the Constitution of the United States and Article III, section twenty-two of the Constitution of the State of West Virginia those statutes, ordinances, laws, orders and rules violate the Constitution of the United States and the Constitution of the State of West Virginia and are invalid.

    (b) All future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments shall not be recognized by this state and shall not be given any recognition within the state as they are against public policy. Those federal and local statutes, ordinances, laws, orders and rules are specifically rejected by the State of West Virginia and are null and void and of no effect within the state.

    (c) It is the duty of the State of West Virginia to adopt and enact any and all measures as may be necessary to prevent the enforcement of any future federal and local statutes, ordinances, laws, orders and rules in violation of the Second Amendment to the Constitution of the United States, Article III, section twenty-two of the Constitution of the State of West Virginia and this section.

    (d) Any attempt to enforce those federal and local statutes, ordinances, laws, orders and rules within the State of West Virginia by any official, officer or employee of the United States Government, the West Virginia Government, any county government or local government that infringes upon the right to keep and bear arms is guilty of a felony and, upon conviction, shall be confined in a correctional facility not more than two years and fined not more than $10,000.

    (e) The Attorney General shall defend a citizen of West Virginia who is prosecuted by the United States Government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition.

    (f) This article is effective retroactively to January 1, 2014. This article may not be construed so as to create any ex post facto law.

    NOTE: The purpose of this bill is to make all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments invalid and unenforceable. The bill makes it a felony to attempt to enforce a federal or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions. The bill makes findings. The bill provides penalties. The bill requires the Attorney General to defend citizens of West Virginia who are prosecuted by the United States Government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition. The bill provides for retroactivity. The bill provides that ex post facto laws are not created.

    This article is new; therefore, it has been completely underscored.