West Virginia 2021 Regular Session Status: Enacted 6 R cosponsors

SB 458 — Relating to possession of firearms by individuals during state of emergency

Last action — Chapter 276, Acts, Regular Session, 2021

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (6 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

42 added · 135 removed

Plain-language change summary

The amendment to Bill SB 458 makes significant changes to the regulations regarding firearms and ammunition during declared states of emergency. Specifically, it prohibits state officials from suspending or revoking licenses to carry concealed weapons during such emergencies, ensuring that residents retain their rights to bear arms. Additionally, individuals who believe their rights have been violated under these new provisions can seek legal action against state or local authorities. These changes are important as they aim to protect individual rights during emergencies, ensuring that personal safety measures remain in place.

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SB 458 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
SB458 H Jud AM #1 Casto 3264   The Committee on the Judiciary moved to amend the bill on page 1 by striking everything after the enacting clause and inserting in lieu thereof the following:
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 458 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 458 By Senators Phillips, Smith, Karnes, Rucker, Grady, Roberts, Azinger, Woodrum, and Maynard [Passed April 9, 2021;
in effect 90 days from passage]     AN ACT to amend and reenact §15-5-19a of the Code of West Virginia, 1931, as amended, relating to modifying and limiting the power of government entities regarding the possession of firearms and related products by individuals during a declared state of emergency;
and allowing prevailing plaintiff to recover actual damages, court costs and fees, and attorney’s fees.
Be it enacted by the Legislature of West Virginia:
Possession of firearms during a declared state of emergency.  (a) During a federal or state declared state of emergency, no state agency, county, or municipality, or any elected or appointed official or employee thereof, may:
Possession of firearms during a declared state of emergency (a) No person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during any federal or state declared state of emergency  (a) During a federal or state declared state of emergency, no state agency, county, or municipality, or any elected or appointed official or employee thereof, may:
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, sale, display, or other lawful use of a firearm or ammunition, any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or personal weapons other than firearms;
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, sale, or display, or other lawful use of a firearm or ammunition, any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or personal weapons other than firearms;
(A) The person acting on behalf of or under the authority of the state, a county, or municipality is:
(A) The person acting on behalf of or under the authority of the state, or political subdivision a county, or municipality is:
(b) The prohibitions of subdivision (1), subsection (a) of this section do not prohibit the state or an authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses in the affected area during a declared state of emergency.
(b) The prohibitions of subsection (a)(1) subdivision (1) of subsection (a) of this section do not prohibit the state or an authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses in the affected area during a declared state of emergency.
(c) Any individual adversely affected by a violation of this section may seek relief in an action at law or in equity for redress against any state agency, county, municipality, or any elected or appointed official or employee of this state, a county, or municipality that subjects the individual, or causes the individual to be subjected, to an action prohibited by this section.
(c) Any individual aggrieved adversely affected by a violation of this section may seek relief in an action at law or in equity for redress against any person state agency, county, municipality, or any elected or appointed official or employee of this state, a county, or municipality who that subjects such the individual, or causes such the individual to be subjected, to an action prohibited by this section.
(d) In addition to any other remedy at law or in equity, an individual adversely affected by the seizure or confiscation of any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or otherwise lawful personal weapons other than firearms in violation of this section may bring an action for the return of the seized or confiscated property in the circuit court of the county in which that individual resides or in which the seized or confiscated property is located.
(d) In addition to any other remedy at law or in equity, an individual aggrieved adversely affected by the seizure or confiscation of a firearm or ammunition  any firearm or ammunition component or accessory, ammunition reloading equipment and supplies, or otherwise lawful personal weapons other than firearms in  violation of this section may bring an action for the return of such firearm or ammunition the seized or confiscated property in the circuit court of the county in which that individual resides or in which such firearm or ammunition the seized or confiscated property is located.
(e) A prevailing plaintiff in an action under this section is entitled to recover the following:
(e) In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff costs and reasonable attorney fees A prevailing plaintiff in an action under this section is entitled to recover the following:
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Action History

  1. Chapter 276, Acts, Regular Session, 2021

  2. Approved by Governor 4/21/21

  3. To Governor 4/16/21

  4. Approved by Governor 4/21/21 - House Journal

  5. Approved by Governor 4/21/21 - Senate Journal

  6. To Governor 4/16/21 - House Journal

  7. To Governor 4/16/21 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 395)

  11. House Message received

  12. Communicated to Senate

  13. Passed House (Roll No. 515)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Committee amendment adopted (Voice vote)

  17. Read 2nd time

  18. On 2nd reading, Special Calendar

  19. Read 1st time

  20. On 1st reading, Special Calendar

  21. With amendment, do pass

  22. To House Judiciary

  23. To Judiciary

  24. Introduced in House

  25. Ordered to House

  26. Passed Senate (Roll No. 217)

  27. Read 3rd time

  28. On 3rd reading

  29. Read 2nd time

  30. On 2nd reading

  31. Read 1st time

  32. On 1st reading

  33. Committee substitute reported

  34. To Judiciary

  35. Introduced in Senate

  36. To Judiciary

  37. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 143 not signed on

Sponsors (1)

  • Phillips

Co-sponsors (8)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 458?
SB 458 is sponsored by Randy E. Smith (Republican), Phillips, Karnes, Patricia Rucker (Republican), Amy Grady (Republican), Rollan A. Roberts (Republican), Mike Azinger (Republican), Jack Woodrum (Republican), and Maynard.
What is the current status of SB 458?
This bill has been enacted into law. Introduced February 25, 2021. Enacted.
Where can I track SB 458?
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