West Virginia 2023 Regular Session

West Virginia Senate Bill SJR1

Introduced
1/11/23  

Caption

Protection of Right to Bear Arms Amendment

Impact

If enacted, SJR1 would fundamentally alter the legal landscape regarding firearm regulations in West Virginia. It would override local laws and ordinances that have traditionally existed to regulate the sale, possession, or use of firearms within specific jurisdictions. This could create a uniform standard across the state, significantly constraining local governments from tailoring their regulations to meet community-specific concerns or issues related to public safety and gun violence. The implications of this change would likely resonate across various sectors, from law enforcement policies to community safety initiatives.

Summary

Senate Joint Resolution 1 (SJR1) proposes an amendment to the West Virginia Constitution to secure the right to keep and bear arms. The resolution seeks to prohibit any state or local government entity, including municipalities and counties, from placing restrictions on this right, which is aimed at fortifying the existing Second Amendment rights of West Virginia residents. It specifies that limitations based on locality, ammunition capacity, caliber, modification, accessories, and methods of carry would not be permissible under this amendment. The proposed amendment is scheduled for consideration by voters in the upcoming general election in 2024.

Sentiment

The sentiment surrounding SJR1 is deeply polarized. Proponents argue that the amendment is a necessary reinforcement of constitutional rights, advocating for personal freedom and the right to self-defense. Supporters believe this will protect individuals from overreach by local governments and ensure that West Virginians retain their rights without undue interference. Conversely, opponents express concern that the amendment could endanger public safety, arguing that local governments should retain the authority to manage firearms regulations based on the unique needs of their communities. The debate reflects broader national discussions about gun control and individual rights.

Contention

Notable points of contention regarding SJR1 include discussions on the balance between individual rights and community safety. Critics argue that removing local governance in firearm regulation may lead to increased risks in communities where specific regulations are deemed necessary. Supporters contend that existing regulations can lead to confusion and uneven enforcement across the state. The potential for conflicts in interpretation and enforcement between state and local governments further complicates the dialogue, as both sides grapple with the implications of absolute protections for gun rights in a state context.

Companion Bills

WV HB3103

Similar To To eliminate the restriction to carry a firearm on the state capitol complex grounds

Previously Filed As

WV SJR1

Protection of the Right to Bear Arms Amendment

WV SJR4

Protection of Right to Bear Arms Amendment

WV SJR4

Protection of the Right to Bear Arms Amendment

WV HB2159

Preserving and protecting the right to keep and bear arms

WV HB3378

Preserving and protecting the right to keep and bear arms

WV HB4577

Preserving and protecting the right to keep and bear arms

WV HB2446

Preserving and protecting the right to keep and bear arms

WV HB2216

Right to keep and bear arms

WV HB2104

Right to keep and bear arms

WV HB4659

Right to keep and bear arms

Similar Bills

No similar bills found.