West Virginia 2025 Regular Session

West Virginia House Bill HB3494

Introduced
3/18/25  

Caption

Certain persons prohibited from possessing firearms

Impact

The bill is set to have significant implications on the state's statutes regarding firearm possession. By reinforcing the prohibition of firearm ownership for individuals with certain criminal backgrounds, the bill seeks to address public safety concerns associated with domestic violence and other violent offenses. The requirement for a signed acknowledgment at the time of conviction emphasizes the notion of personal responsibility and awareness among offenders about their legal status regarding firearm possession. This legislative change aims to facilitate a clearer understanding of the laws governing firearm ownership among those affected by these restrictions.

Summary

House Bill 3494 aims to amend existing firearm possession laws in West Virginia by imposing stricter regulations on individuals convicted of certain crimes. Specifically, the bill mandates that individuals convicted of specific offenses must acknowledge their prohibition from possessing firearms at the time of their conviction and transfer any firearms they possess to individuals who are not prohibited. The targeting of convictions primarily relates to crimes of violence, domestic violence misdemeanors, and other behaviors that indicate potential danger to public safety.

Sentiment

The sentiment surrounding HB 3494 appears to be mixed among lawmakers and advocacy groups. Supporters argue that the bill is a necessary step to prevent firearms from falling into the hands of individuals who have demonstrated a propensity for violence, thus enhancing community safety. However, there is also concern from some opponents who view this legislation as potentially infringing upon the rights of individuals who may have addressed their past indiscretions through rehabilitation or other means. Their apprehensions center around the responsibilities of individuals and due process regarding firearms ownership.

Contention

Notable points of contention regarding HB 3494 include discussions on the effectiveness of such legislative measures in curbing gun violence versus upholding the rights of responsible gun owners. Critics question whether the bill will genuinely prevent firearms access for dangerous individuals or if it will simply create additional burdens for those attempting to reintegrate into society post-conviction. Furthermore, the requirement for firearms transfer upon conviction may raise logistical concerns about how these transfers are managed and monitored, thereby possibly shifting the focus from legislative intent to enforcement challenges.

Companion Bills

No companion bills found.

Previously Filed As

WV HB5488

To codify that The Gun Control Act of 1968 prohibits unlawful users of drugs and those addicted to controlled substances, specifically marijuana, may not ship, receive, or possess a firearm

WV HB2188

To allow those who are 18-20 years old to carry a deadly weapon concealed without a permit, as is allowed for those who are 21 or older

WV HB4574

To allow those who are 18-20 years old to carry a deadly weapon concealed without a permit, as is allowed for those who are 21 or older

WV HB5135

To allow those who are 18-20 years old to carry a deadly weapon concealed without a permit and to add a definition of the term “ammunition” relating to the requirements for obtaining a state permit to carry a concealed deadly weapon.

WV HB4273

Relating to revising the criminal code generally

WV HB2527

Relating to revising the criminal code generally

WV HB3551

Provide for criminal history record restrictions for certain persons

WV SB90

Amending penalty of simple possession of marijuana from misdemeanor crime to civil violation

WV SB303

Amending penalty of simple possession of marijuana from misdemeanor crime to civil violation

WV SB154

Increasing penalties for drug possession and updating list of offenses

Similar Bills

CA AB712

Control of deadly weapons.

TN HB2106

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal history records.

TN SB1932

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal history records.

CA AB303

Firearms: prohibited persons.

CA AB1735

Transit districts: prohibition orders.

CA SB1417

Transit districts: prohibition orders.

CA AB468

Transit districts: prohibition orders.

CA AB730

Transit districts: prohibition orders.