Loading chat...

WV HB4923

Bill

Official Source

Status

Introduced

1/29/2026

Primary Sponsor

Chris Anders

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Requires a full adversarial hearing before a court of record with legal representation present before any protective order can prohibit firearm or ammunition possession
  • Raises the evidentiary standard to "clear and convincing evidence" that the respondent poses an immediate danger, demonstrated through documented threats, sworn testimony, or other substantial evidence
  • Prohibits firearm confiscation from being used as a punitive or retaliatory measure in domestic violence proceedings
  • Grants respondents an automatic right to appeal any protective order containing firearm restrictions, with the appeal hearing required within 10 days
  • Amends West Virginia Code §48-27-502 governing mandatory provisions in domestic violence protective orders

Legislative Description

Protecting Due Process in Firearm Confiscation Related to Protective Orders

Domestic Relations

Last Action

To House Judiciary

1/29/2026

Committee Referrals

Judiciary1/29/2026

Full Bill Text

No bill text available