HB 4923 West Virginia House of Delegates · 2026 Regular Session

Protecting Due Process in Firearm Confiscation Related to Protective Orders

This bill changes West Virginia law for domestic violence protective orders by requiring a court hearing with the respondent present and represented by counsel before restricting firearms. It mandates that courts must find "clear and convincing evidence" of an immediate danger (via documented threats or sworn testimony), not just general allegations, and prohibits using firearm confiscation as punishment. Respondents would automatically receive a 10-day appeal of any firearm restriction in the protective order. The bill directly affects individuals subject to domestic violence protective orders who might face firearm restrictions.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 29, 2026 Last action Jan 29, 2026
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Total actions
4
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0
Committee
2
Jan 29, 2026
Committee
To House Judiciary
lower
Jan 29, 2026
Introduced
Introduced in House
lower
Jan 29, 2026
Committee
To Judiciary
lower
1 primary · 4 co-sponsors

Sponsors