SB 321 — Limiting municipalities’ authority to restrict purchase and storage of weapons and ammunition

WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 321 BYSENATORTRUMPBY SENATORS TRUMP, DEEDS, UCKER , HAPMAN , PHILLIP, WOODRUM , ARR, MITH, HAMILTO, STUART, AND JEFFRIES [Originating in the Committee on GovernmentRules; Organization;

reported JanuaryFebruary 24,9, 2024] CS for CS for SB 321 A BILL to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to limitations upon municipalities’ power to restrict the sale and storage of weapons and ammunition;

GENERAL AND SPECIFIC POWERS, DUTIES,DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES,BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES;

(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith,therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law.

Provided, That “municipally owned or operated building” does not include a building owned by a CS for CS for SB 321 municipality that is leased to a private entity where the municipality primarily serves as a property owner receiving rental payments.

(4) A municipality may not prohibit or regulate the carrying or possessing of a deadly weapon, firearm, or pepper spray on municipally owned or operated property other than municipally owned or operated buildings and municipally owned recreation facilities pursuant to subdivisions (1) and (2)(2), subsection (b), of this section:

CS for CS for SB 321 (d) It shall be an absolute defense to an action for an alleged violation of an ordinance authorized by this section prohibiting or regulating the possession of a deadly weapon, firearm, or pepper spray that the person:

(1) Upon being requested to do so, left the premises with the deadly weapon, firearm, or pepper spray,spray or temporarily relinquished the deadly weapon, firearm, or pepper spray in response to being informed that his or her possession of the deadly weapon, firearm, or pepper spray was contrary to municipal ordinance;

and (2) but for the municipal ordinance,ordinance the person was lawfully in possession of the deadly weapon, firearm, or pepper spray.

(e) Any municipality that enacts an ordinance regulating or prohibiting the carrying or possessing of a deadly weapon, firearm, or pepper spray pursuant to subsection (c) of this section shall prominently post a clear statement at each entrance to all applicable municipally owned or operated buildings,buildings or municipally owned recreation facilities setting forth the terms of the regulation or prohibition.

except that a municipality may not restrict or regulate a businessfirearms entity by closing or limitingammunitions therelated operatingbusiness hours of an entity engaged in thea lawfulmanner sellingmore orrestrictive servicing of any firearm, including any component or accessory, ammunition, ammunition reloading equipment, and supplies, or personal weapons other than firearms, unless CS for SB 321 the closingplanning or limitationzoning ofordinances hoursimposed appliesupon generallyany withinother theretail jurisdictionbusiness, of commerce, nor shall a municipality place restrictions oron quantity limitations regarding the lawful sale or servicing of any CS for CS for SB 321 firearm or ammunition, any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or personal weapons other than firearms, all including all indoor or outdoor shooting ranges.