West Virginia 2025 Regular Session

West Virginia House Bill HB2808

Introduced
2/21/25  

Caption

To ensure that West Virginia law enforcement entities are not compelled or commandeered by federal authorities to conduct activities that violate our citizens’ Constitutional rights

Impact

This bill would amend the Code of West Virginia to prohibit federal commandeering of state and local law enforcement resources. The legislation clearly delineates the responsibilities and rights of state officials in relation to federal directives and establishes that no local or state law enforcement officer can be compelled to enforce federal laws that contradict the Constitution's provisions. This significant shift implies a stringent adherence to state sovereignty, and emphasizes the autonomy of West Virginia in managing its law enforcement narrative.

Summary

House Bill 2808, known as the Anti-Federal Commandeering Act, aims to safeguard West Virginia's law enforcement agencies from being compelled by federal authorities to undertake actions that may infringe upon the constitutional rights of its citizens. This legislation is introduced to establish a legal framework enabling state officials, particularly the Attorney General, to challenge any federal mandates deemed unconstitutional. It reflects a growing concern over the extent of federal influence and the perceived overreach in local governance and law enforcement practices in West Virginia.

Sentiment

The sentiment surrounding HB 2808 appears to be largely supportive within conservative circles, where it is viewed as a necessary measure to protect state sovereignty and citizens' rights from federal intrusion. Conversely, opponents may express concerns regarding the potential ramifications for effective law enforcement collaboration and the risk of undermining federally mandated protections intended to serve the public safety front. The legislative proposal has sparked discussions on the delicate balance between federal and state power.

Contention

Notable points of contention include debates about the practical implications of limiting police collaboration with federal agencies, particularly in preserving the safety and rights of West Virginians. Critics may argue that while protecting local autonomy is important, it could inadvertently compromise the effectiveness of law enforcement efforts that require broader federal cooperation, especially in investigations involving serious crime or national concerns. The tension between the need for state independence and the imperative of comprehensive law enforcement indicates that this legislation will continue to be a focal point of debate.

Companion Bills

No companion bills found.

Previously Filed As

WV HB5055

To ensure that West Virginia law enforcement entities are not compelled or commandeered by federal authorities to conduct activities that violate our citizens’ Constitutional rights

WV SB358

Natural Resources Anti-Commandeering Act

WV SB183

Creating Natural Resources Anti-Commandeering Act

WV HB5616

Prohibiting contracts, affiliations or employment of entities that support actions counter the the US Constitution and West Virginia Constitution

WV HCR72

Affirming the sovereign right of the State of West Virginia to nullify un-Constitutional acts

WV HB3353

Relating to the limitations on the financial relationships with foreign entities that have values antithetical to those of the State of West Virginia

WV HB3127

Requiring state entities, local entities and law enforcement agencies to cooperate with the enforcement of immigration laws

WV HB4364

Relating to the limitations on the financial relationships with foreign entities that have values antithetical to those of the State of West Virginia

WV SB550

Requiring state entities, local entities and law enforcement agencies to enforce immigration laws

WV HB3562

Relating to the West Virginia Fusion Center

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