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WV SB963
Bill
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