SB 963 — Protecting due process in firearm confiscation

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 963 ByBYSENATORSWILLIS SenatorTHORNE Willis[Reported [IntroducedMarch February2, 17,2026, 2026;from the Committee on the Judiciary] CS for SB 963 A BILL to amend and reenact §48-27-502 of the Code of West Virginia, 1931, as amended, relating to surrender of firearms and ammunition in protective order proceedings;

referredrequiring toproper theservice Committee on the Judiciary] Intr SB 963 2026R4136 A BILL to amend and reenact §48-27-502 of therespondent; Code of West Virginia, 1931, as amended, relating to mandatory provisions in protective order;

requiringpermitting aprotective fullorder adversarialto hearingdirect bysurrender a court of recordfirearms beforein acertain respondentcircumstances; may be prohibited from possessing any firearm or ammunition, and only then by clear and convincing evidence;

andrequiring providingcertain forcourt automaticfindings; appeal by respondent.

and providing for appeal.

(f) Notwithstanding any provision of this code to the contrary, a protective order issued under this chapter or chapter 53 of this code may not prohibit a respondent from possessing any CS for SB 963 firearm or ammunition or confiscate any firearm or Intrammunition SBowned 963by 2026R4136the ammunitionsrespondent ownedunless byrespondent theis respondent:properly served with notice of a hearing in accordance with West Virginia law and:

(1) UnlessRespondent therefails isto aappear fullfor adversarial hearing before a court of record, with the respondentscheduled presenthearing; with legal representation;

and (2) ThereRespondent isconsents clear and convincing evidence that the respondent poses an immediate danger to the petitioner,surrender establishedof byhis documented threats, sworn testimony, or otherher substantial evidence, and that the confiscation of firearms and ammunitionammunition; is not used as a punitive or retaliatory measure in domestic violence proceedings.

(g)or If(3) After a protectivefull orderadversarial ishearing, grantedwhere containing the mandatory language of this section, the respondent hasmay anelect automaticto appealhave fromlegal thatcounsel orderpresent, whichand shall be heard by the court withinfinds, 10by daysa aspreponderance providedof inthe §48-27-510.evidence, that:

NOTE:(A) Domestic violence has occurred;

The(B) purposeAny of thisthe billcircumstances isspecified toin require§53-8-7(a)(2) a full adversarial hearing before a court of recordthis beforecode aare respondentpresent; may be prohibited from possessing any firearm or ammunition, under mandatory provisions in protective order and then only by clear and convincing evidence.

Theor bill(C) alsoRespondent provideshas forcommitted automaticacts appealof byabuse, respondent.threats, harassment, or engaged in other conduct that places petitioner, or the minor children of petitioner, in reasonable fear of bodily injury.

Strike-throughs(4) indicateAny languagefinding thatpursuant wouldto besubdivision stricken(3) fromof athis headingsubsection orthat theresults presentin lawa andprohibition underscoringon indicatesrespondent’s newpossession languageof thata wouldfirearm or ammunition shall be added.supported by:

(A) Substantial evidence of record including, but not limited to, witness testimony, police reports, documented threats or admissions, medical records, or other relevant documentation;

and (B) A finding that the petitioner is requesting the surrender of the firearms and ammunition of the respondent in good faith and not for a retaliatory or otherwise malicious purpose.

(g) If a protective order is granted containing the mandatory language of this section, the respondent may file a petition for appeal with the circuit court as provided in §48-27-510(b) and §53-8-9(a) of this code.