SB 359 — Declaring sale and manufacture of firearms essential business during declared emergency

Bill Text

• Introduced Introduced Version Current pdf

Compared against the W. Va. Code as published AI-generated reading aid — verify against the official bill.

The bill establishes firearms-related businesses as essential services during emergencies and restricts governmental regulations on firearms and concealed handgun licenses in such times.

• §61-7-10a

  §61-7-10a. Transport storage, transfer sale, manufacture, etc. of firearms declared essential businesses and services.

  Introduces a new section designating firearms businesses as essential during emergencies.

• §61-7-10a

  (a) Notwithstanding any other provision of law to the contrary, the transport, storage, transfer, sale, commerce in, import and export of, distribution, repair, maintenance, and manufacture of firearms, ammunition, and related accessories and components, and other goods and services directly related to lawful firearm possession, use, storage, repair, maintenance, and training in the use of firearms, are declared to be "essential" businesses and services for the purposes of safety and security in times of declared emergency or any other statutorily authorized responses to disaster, war, acts of terrorism, riot or civil disorder, or emergencies of whatever kind or nature.

  Defines several firearm-related activities as essential for safety during emergencies.

• §61-7-10a

  (b) Except as provided in this section, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law exercised as part of any statutorily authorized responses to disaster, war, acts of terrorism, riot or civil disorder, or emergencies of whatever kind or nature:

  Prohibits governmental entities from regulating firearms and related activities during emergencies.

• §61-7-10a

  (c)(1) If a concealed handgun license has been issued to a person pursuant to §61-7-4 of this code and if the date that the valid and subsisting license would or is scheduled to expire falls within the period of emergency declared by the Governor's executive order or the 14 days immediately preceding that declaration, then, notwithstanding the date of scheduled expiration, the duration of that license is automatically extended for a period of 60 days commencing from the date of the license's scheduled expiration or 30 days commencing from the termination of the state of emergency, whichever is later.

  Automatically extends concealed handgun licenses that would expire during emergencies.

• §61-7-10a

  (E)(i) A person, group, or entity adversely affected by any manner of law, ordinance, rule, regulation, resolution, practice, or other action enacted or enforced in violation of this section may file an action for damages, injunctive relief, declaratory relief, or other appropriate redress in the court having jurisdiction over the county in which the aggrieved person resides, or group or entity is located, or in which the violation occurred.

  Allows legal recourse for unlawful regulations or actions against firearm-related businesses during emergencies.

• §61-7-10a

  (F) A person, group, or entity aggrieved by the seizure or confiscation of an item listed in paragraph (E)(i) of this section, in violation of this section, may also be entitled to recover a civil penalty for damages, in the amount of $5,000 per violation, against a person who violates the seizure or confiscation restrictions in this section.

  Establishes civil penalties for unlawful firearm seizure during emergencies.

Action History

1. January 12, 2024

   To Judiciary

2. January 12, 2024

   Introduced in Senate

3. January 12, 2024

   Filed for introduction

4. January 11, 2024

   To Judiciary

Sponsors

• Mike Azinger · Cosponsor
• Patrick Martin · Primary

Subjects