West Virginia 2024 Regular Session

West Virginia Senate Bill SB359

Introduced
1/12/24  

Caption

Declaring sale and manufacture of firearms essential business during declared emergency

Impact

If enacted, SB359 would amend existing laws to restrict state agencies and local governments from prohibiting or regulating lawful firearm activities during emergencies. This includes provisions against the confiscation of firearms and the requirement for firearm registration. Additionally, licenses for concealed carry would be automatically extended during such emergencies, which may enhance individual rights under the Second Amendment. The bill further allows for civil actions against government entities or officials that infringe on these rights, potentially increasing legal scrutiny against local and state regulations that may limit firearm access.

Summary

Senate Bill 359, introduced by Senator Martin, aims to classify the sale, repair, maintenance, and manufacture of firearms, ammunition, and related components as essential businesses during times of declared emergencies. The bill seeks to ensure that these activities are not restricted by governmental regulations during emergencies, including disaster responses, acts of terrorism, and civil disorder. By defining firearm-related activities as essential, the bill intends to bolster the rights of individuals to possess and use firearms in critical times, asserting that access to firearms supports safety and security.

Sentiment

The sentiment surrounding SB359 appears to be highly supportive among gun rights advocates and some legislators who view it as a necessary protection of civil liberties. Proponents argue that, in times of crisis, individuals should maintain access to firearms for self-defense and security. Conversely, critics are concerned that such a bill could exacerbate gun violence or undermine efforts to regulate firearms effectively during emergencies, arguing that the bill prioritizes individual rights over community safety. This division highlights the ongoing national debate over gun control versus gun rights.

Contention

Key points of contention involve the bill's implications for state and local authority to enforce regulations on firearms in emergencies. Critics argue that the bill could lead to an unchecked proliferation of firearms during times of crisis, potentially jeopardizing public safety. Supporters counter that ensuring unrestricted access to firearms is fundamental to personal protection during potentially chaotic circumstances. The debate encapsulates broader themes of individual rights versus collective safety, reflecting ongoing tensions in state and national policies regarding gun ownership and regulation.

Companion Bills

No companion bills found.

Previously Filed As

WV SB184

Declaring sale and manufacture of firearms essential business during declared emergency

WV SB128

Clarifying authority of Governor and Legislature to proclaim and declare state of emergency and preparedness

WV SB466

Prohibiting financial institutions from discriminating against firearms businesses

WV SB182

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

WV HB2549

Permit teachers in K-12 schools be authorized to carry concealed firearms as a designated school protection officer

WV HB2009

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

WV SB462

Modifying certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers

WV HB2527

Relating to revising the criminal code generally

WV SB125

Safeguarding concealed carry permit holder's information

WV HB2004

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

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