West Virginia 2022 Regular Session

West Virginia Senate Bill SB189

Introduced
1/12/22  

Caption

Prohibiting insurance discrimination against firearms manufacturers

Impact

If enacted, SB189 would establish a legal framework that empowers the Attorney General to act against financial institutions that discriminate against firearms-related businesses. The bill allows for the filing of civil actions and seeks to provide compensatory damages alongside other legal remedies. It aims to create an environment of fairness in business dealings related to firearms, which advocates believe is crucial for the protection of Second Amendment rights and the integrity of those engaged in lawful activities related to firearms.

Summary

Senate Bill 189 aims to amend the Code of West Virginia to prohibit unlawful discriminatory practices by financial institutions and governmental entities against those involved in lawful commerce concerning firearms, firearm accessories, and ammunition. The bill sets out to protect manufacturers, retailers, distributors, shooting ranges, and trade associations from discrimination based on their engagement in this commerce. It proposes specific definitions for key terms and outlines the processes for invoking legal action against violators through the Attorney General's office, which is granted the authority to pursue civil penalties and seek remedies on behalf of the state.

Sentiment

The sentiment surrounding SB189 is likely to be mixed, reflecting the broader national debate on gun rights and regulations. Proponents of the bill view it as a necessary defense against what they characterize as discriminatory practices that undermine the firearms industry. They argue that the bill is essential for preserving free enterprise in this sector. Conversely, critics might argue that the bill sets a concerning precedent for state intervention in private business practices, which can lead to complications regarding financial regulations and a potential escalation in tensions related to gun legislation.

Contention

Key points of contention regarding SB189 include concerns over the implications of state-mandated business relationships and the potential chilling effect on financial institutions' ability to manage their risk profiles concerning firearms-related business. Opponents may fear that this legislation could restrict financial institutions from implementing sound business practices, particularly if they face pressure from policymakers regarding the risks associated with the firearms sector. The bill raises significant questions about the balance between protecting business interests and allowing financial entities the discretion to align their services with their social responsibility objectives.

Companion Bills

No companion bills found.

Previously Filed As

WV SB272

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

WV SB182

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

WV SB350

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

WV SB64

Prohibiting financial institutions from discriminating against firearms businesses

WV SB466

Prohibiting financial institutions from discriminating against firearms businesses

WV SB186

Prohibiting financial institutions from discriminating against firearms businesses

WV SB565

Firearm Industry Non-Discriminations Act

WV SB0397

Discrimination against firearm entities.

WV HB2472

Businesses; firearms; unlawful acts

WV HB3342

Firearms Industry Nondiscrimination Act

Similar Bills

WV SB272

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

WV SB350

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

WV SB182

Prohibiting discriminatory practices by financial institution or government entity against firearms manufacturers

LA SB234

Provides relative to prohibition on certain governmental entity contracts with companies that discriminate against firearm and ammunition industries. (8/1/24) (EN SEE FISC NOTE GF EX)

HI SB1119

Relating To Motor Vehicles.

SD SB182

Prohibit discriminatory actions against persons engaged with the firearm industry.

SD HB1314

Prohibit the personal possession of a loaded firearm while in possession of cannabis or cannabis products and to provide a penalty therefor.

HI HB938

Relating To The Motor Vehicle Industry Licensing Act.