HB 2694 – West Virginia 2nd Amendment Preservation Act

Governor Jim Justice signed the West Virginia 2nd Amendment Preservation Act (HB 2694) into law. It will take effect on July 1, 2021. The bill prohibits Federal law enforcement from “commandeering” local law enforcement to make arrests for Biden’s radical gun control agenda. It also forbids any law enforcement entity from arresting any gun owners that are in compliance with WV state statutes. The legislation passed by a wide margin: 72-24 in the House (4 abstentions) and 30-4 in the state Senate.

hb 2694
West Virginia photo via USCCA

West Virginia is a permitless carry state and they take their 2nd amendment rights seriously. The passage of HB 2694 is a case in point.

In essence, the federal government is prohibited from commandeering, which the legislation defines as “taking control of or seizing the assets, personnel, or operations of an agency of this state, or of a political subdivision of this state, or the employees of an agency or political subdivision of this state without the express authority for the control having been formally given by the state or political subdivision of the state.”

More importantly, the legislation also prohibits local and state agencies from acting against people who are in compliance with state firearms laws, particularly when they may be in conflict with an “inconsistent federal firearms law” or an “inconsistent presidential executive order or action.”

An “inconsistent federal firearms law” is defined as “a federal statute, regulation, or rule relating to firearms, firearms accessories, or ammunition that is inconsistent with the laws of the State of West Virginia. Inconsistent federal firearms law also means and includes any federal firearms law which the enactment, enforcement, or execution of which violates the Second Amendment of the Constitution of the United States.” Similarly, an “inconsistent presidential executive order or action” is defined as “an executive order or action issued by the President of the United States relating to the enforcement or execution of an inconsistent federal firearms law.”

The state states that “a federal firearms law which criminalizes the possession of a firearm, firearm accessory, or ammunition for federal purposes when the possession of that firearm, firearm accessory or ammunition would not be, and is not, a violation of the law of the State of West Virginia” is considered to be “inconsistent with the laws of the State of West Virginia.”

Ammoland, Harold Hutchison

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