SB 478 — Second Amendment Reaffirmation and Protection Act

SB478 SFASFAT Tarr #3#1 2-11Cobb2-12Cobb 7888  7888 Senator Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out allthe oftitle subsections (f) and (g)substituting andtherefor insertinga in lieu thereof three new subsections,title, designated subsections (f), (g), and (h), to read as follows:(f)follows:Eng. A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.

(g)(1)Com. Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq.

ofSub. this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.   Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S.

Supremefor CourtSenate orBill a478—A federalBILL courtto ofamend finalthe jurisdictionCode of anyWest federalVirginia, firearms1931, restriction,as regulation,amended, orby classification.adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act;

(h)specifying Construction.legislative purpose;

—limiting This section shall be construed using the followingincorporation rules:(1)of Nothinginvalid in this provision shall be construed to:(A) Abrogate or alterrepealed §8-12-5afederal oflaw; this code;

(B)creating Affect the enforcement of any provision of this code that independently establishes a firearms-relatedtrigger offense,clause; restriction, or regulation under state law;

or(C)prohibiting Applystate to military facilities, bases, armories, or military encampments that are subject to the jurisdiction and oversightlocal ofofficers thefrom Governorenforcing orinvalidated the Adjutant General.(2) If any provision or anyrepealed partfederal orfirearm clauserestrictions; of any provision of this section, or its application, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this section.(3) The provisions of this section shall take effect immediately. AdoptedRejected

prohibiting state entities from limiting the right of a person to carry a concealed firearm;

providing for redressability through writs of prohibition and mandamus;

and providing for rules of statutory construction.     AdoptedRejected