SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.
SB 920, titled "Koda’s Law," mandates a life prison sentence without parole for anyone convicted of first-degree murder involving a minor victim (under 18) when a firearm is used. This bill directly affects defendants found guilty of this specific offense in West Virginia, replacing standard sentencing options with a mandatory life term. The key provision adds §61-2-2a to the state code, making life without parole the sole penalty for these crimes. The bill does not change murder definitions but requires automatic life sentences in these cases, removing judicial discretion for this subset of offenses.
HB 4974 amends West Virginia law to clarify and expand the categories of people prohibited from legally owning or carrying firearms. It directly affects individuals with certain felony convictions (especially violent or drug-related offenses), those found mentally incompetent or involuntarily committed, unlawful drug users, people subject to specific domestic violence protective orders (requiring findings of credible threat or explicit force prohibitions), and others with disqualifying legal histories. The bill specifies penalties: misdemeanor fines/jail time for first-time violations of prohibitions, and felony charges with longer prison terms for repeat offenses or violations by those prohibited under stricter categories. It also maintains the process for eligible individuals to petition courts to restore firearm rights after meeting strict criteria.
HB 4920, the "Second Amendment Preservation Act," declares federal regulations on intrastate firearm sales within West Virginia invalid, directly affecting West Virginia residents buying, selling, or transferring firearms, accessories, or ammunition within the state. It prohibits the ATF and other federal entities from enforcing rules that restrict these in-state transactions, stating such actions violate both the U.S. and West Virginia constitutions. The bill imposes civil penalties of $50,000 per violation for federal enforcement attempts and requires the West Virginia Attorney General to defend citizens prosecuted federally or sue federal agencies for violations. It also mandates state law enforcement to refuse enforcing federal gun regulations that infringe on Second Amendment rights.
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.
HB 4519 requires full cash bail for individuals rearrested for violent or gun-related crimes while already out on bail for a previous violent or gun-related offense. It also mandates that if convicted of these subsequent crimes, sentences must run consecutively (one after another) rather than concurrently. This bill directly affects defendants charged with violent or gun-related offenses who are already on bail for similar crimes when re-arrested. The key provisions replace standard bail procedures with mandatory cash bail requirements for these specific re-arrests and alter sentencing structure for repeat offenses. The bill does not change general bail rules but targets repeat offenders in these categories.
HB 4190 would automatically restore the right to possess firearms and serve on a jury for eligible nonviolent felons in West Virginia upon completion of their sentences, without requiring a court petition. The bill clarifies that petitions for firearm rights may include restoration of jury service rights and specifies who can file such petitions (e.g., individuals with certain nonviolent felony convictions). It also requires the Attorney General to publish public guidance on the process. This change directly affects individuals with prior nonviolent felony convictions who have met the eligibility criteria for automatic restoration.
SB 473 creates felony penalties for threatening to commit violent crimes using electronic devices (like texts, social media, or emails) when the threat causes a building evacuation, widespread fear, or serious disruption. It directly affects individuals who send such threats, making it a felony if the communication causes significant public alarm or evacuation. The law specifies that prosecutors must prove the threat was viewed as threatening by a reasonable person, and it prohibits defenses like claiming the threat wasn't "real." Penalties include fines up to $10,000 or prison terms of 1-10 years for these offenses.
HB 4051 amends West Virginia law to allow certain nonviolent offenders to possess firearms by removing specific convictions from the list of prohibited offenses. It clarifies that convictions for drug offenses under §60A-4-401-403 (not classified as violent crimes) no longer bar firearm rights, and individuals in recovery from substance use disorders for at least one year regain rights (excluding those in MAT treatment). The bill also reinforces that law enforcement cannot infringe on the right to bear arms under the Second Amendment and state constitution. It directly affects people previously barred due to nonviolent drug convictions or substance use disorder history. The change takes effect after the specified waiting periods or recovery periods, without altering restrictions for violent offenses or domestic violence convictions.
