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WV SB478
Bill
AI Summary
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Establishes a "triggering clause" that automatically voids federal firearm restrictions in West Virginia if the National Firearms Act (1934), Gun Control Act (1968), or Firearm Owners Protection Act (1986) are repealed or judicially nullified
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Prohibits state agencies, counties, and municipalities from enacting or enforcing any laws that replace, re-enact, or simulate repealed federal firearm restrictions
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Bars state and local law enforcement from assisting federal agencies in enforcing repealed or unconstitutional firearm restrictions, with violations resulting in administrative discipline, fines, and loss of state funding
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Creates a private right of action allowing citizens to sue officials or agencies that enforce illegal firearm restrictions, with successful plaintiffs entitled to damages and attorney fees
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Protects individuals and Federal Firearms License holders from prosecution or penalties for exercising rights restored under repealed federal laws, including the right to produce, sell, or possess previously restricted firearms and accessories
Legislative Description
Second Amendment Reaffirmation and Protection Act
Public Safety
Last Action
To House Judiciary
2/13/2026