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WV SB963

Bill

Status

Engrossed

3/4/2026

Primary Sponsor

Tom Willis

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Amends West Virginia protective order law to require a full adversarial hearing before a court of record, with the respondent present and legally represented, before any firearm or ammunition possession prohibition can be imposed
  • Raises the evidentiary standard to "clear and convincing evidence" that the respondent poses an immediate danger, established 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 appeal of any protective order containing firearm restrictions, with the appeal hearing required within 10 days
  • Violations of protective orders remain punishable by up to one year in jail and fines up to $2,000

Legislative Description

Protecting due process in firearm confiscation

Domestic Relations

Last Action

Motion to take from the table rejected (Roll No. 410)

3/12/2026

Committee Referrals

Judiciary3/5/2026
Judiciary2/17/2026

Full Bill Text

No bill text available