West Virginia 2023 Regular Session

West Virginia House Bill HB3004

Introduced
1/24/23  

Caption

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

Impact

If enacted, HB3004 would significantly amend existing statutes concerning self-defense, specifically in school settings. Individuals engaged in thwarting active shooter incidents would be granted legal immunity for actions taken under the bill, illustrating a shift towards a more proactive stance on violence prevention in schools. The bill also prescribes penalties for school security staff who fail to act, highlighting a zero-tolerance policy for cowardice in the face of such threats.

Summary

House Bill 3004, known as the Transferred Right Of Self-Defense Active School Shooter Act, introduces provisions that empower individuals, including school security guards, to respond to active shooter situations on school grounds with the use of proportionate force. The bill aims to enhance safety for students and school staff by incentivizing law-abiding firearm owners to engage actively against threats before law enforcement arrives. By framing this right within the context of the Second Amendment, the bill underscores the state's commitment to protecting its children during potential shootings in educational environments.

Sentiment

The sentiment surrounding HB3004 is polarized. Supporters argue that it offers essential protections and incentives for confronting dangerous situations, thereby prioritizing the lives of students over a passive response. Conversely, critics voice concerns that the legislation could encourage reckless behaviors among untrained individuals and may fundamentally alter the responsibilities of school security personnel, potentially leading to tragic outcomes.

Contention

Debates on HB3004 highlight concerns about the balance between safety and accountability. Opponents question the implications of empowering civilians and security personnel to engage active shooters, suggesting that the introduction of rewards could spark unintended consequences, such as escalated violence. This contentious point reveals the complexities of legislating self-defense measures in volatile environments like schools, where the aim is to foster security without compromising ethical responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4276

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

WV AB1858

Comprehensive school safety plans: active shooters: armed assailants: drills.

WV HF3130

Law on use of force in self-defense clarified, common law duty to retreat in cases of self-defense outside the home expanded, and presumption of right to self-defense created.

WV AB3168

School safety plans: active shooter plans.

WV HB33

Relating to active shooter incidents at primary and secondary school facilities and other emergencies.

WV AB569

False reports: active shooter situations.

WV AB856

Peace officers: active shooter and rescue training.

WV S2636

Enhances self-defense protections.

WV HB06817

An Act Concerning A Temporary Permit To Carry A Pistol Or Revolver, A Response Plan For A Mass Shooting Event, And The Posting Of A Person's Rights Associated With Owning, Possessing And Carrying A Firearm.

WV HB1379

"Students Safe at School Act"; create to provide procedures for active shooter drills and simulations.

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