West Virginia 2024 Regular Session

West Virginia House Bill HB4577

Introduced
1/10/24  

Caption

Preserving and protecting the right to keep and bear arms

Impact

If enacted, HB4577 could significantly reshape state laws surrounding gun ownership and local law enforcement. The bill would empower state authorities to refuse to enforce federal laws that are considered infringements on gun rights, which could lead to conflicts between state and federal law enforcement agencies. It aims to reinforce state sovereignty in the regulation of firearms and potentially reduce the influence of federal regulations within West Virginia, affirming the Tenth Amendment's assertion of states' rights.

Summary

House Bill 4577 aims to amend the West Virginia Code by establishing a framework that preserves and protects the right to keep and bear arms as guaranteed under both the U.S. Constitution and the West Virginia Constitution. The bill specifically defines acts that constitute infringements on this right, articulates constitutional limits on such infringements, and essentially declares federal acts perceived as infringing upon these rights to be void within the state. It emphasizes the duty of the courts and law enforcement to protect the rights of law-abiding citizens, providing remedies against violations of these rights.

Sentiment

The sentiment surrounding HB4577 appears to be predominantly favorable among gun rights advocates and certain political factions who view it as a strong defense of individual liberties under the Second Amendment. However, there are concerns from opponents who argue that the bill may undermine the enforcement of federal laws and could create legal ambiguities regarding the enforcement of gun control measures in the state. This reflects a broader national debate on gun rights versus gun control, with strong opinions on both sides.

Contention

Key points of contention include the bill's stance on federal overreach. Critics argue that by nullifying federal regulations, the bill could enable irresponsible gun ownership practices and weaken public safety measures. On the other hand, supporters assert that it upholds constitutional protections against encroachment by the federal government. The bill's provisions regarding the accountability of law enforcement agencies and the implications for their employment also raise critical discussions about the balance between enforcing local laws and respecting federal directives, indicating a potential source of legal conflict.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3378

Preserving and protecting the right to keep and bear arms

WV HB2104

Right to keep and bear arms

WV SJR1

Protection of Right to Bear Arms Amendment

WV HB3004

Relating to transferred right of self-defense to a person who engages an active shooter on school grounds

WV HB2976

Creating the Keep Roe Reversed Forever Act

WV HR9

Resolution to not support any infringement upon the 2nd Amendment

WV HB2266

Adding “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act and WV Fair Housing Act

WV HB2004

Prevent the use of payment card processing systems for surveillance of Second Amendment activity and discriminatory conduct

WV HB2290

Relating to unlawful discriminatory practices in categories covered by the Human Rights Act and the Fair Housing Act

WV HB2125

Eliminating the Human Rights Commission

Similar Bills

WV HB3108

Establish the WV Constitution and the WV Code as the primary law in WV

WV HB2199

Creating the Intrastate Coal and Use Act

WV HB2275

Creating the Intrastate Coal and Use Act

VA SR245

Commending Arthur Ellsworth Dick Howard.

WV HB2138

Defend the Guard Act

VA SR608

Commending Arthur Ellsworth Dick Howard.

VA HR674

Commending Arthur Ellsworth Dick Howard.

WV HB2159

Preserving and protecting the right to keep and bear arms