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HB 2450

Relating to the Second Amendment Preservation Act

2025 Regular Session Introduced by Chris Anders and 6 co-sponsors

HB 2450 protects Second Amendment rights by prohibiting federal enforcement of certain firearms laws in West Virginia, penalizing non-compliance with fines and imprisonment.

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HB 2450

Summary of HB 2450 - Second Amendment Preservation Act

Bill Information

  • Bill Number: HB 2450
  • Title: Relating to the Second Amendment Preservation Act
  • Status: To House Judiciary
  • Introduced: February 3, 2025
  • Classification: Bill

Purpose and Intent

HB 2450 aims to establish the Second Amendment Preservation and Anti-Federal Commandeering Act in West Virginia. The primary intent of this legislation is to protect the rights of individuals under the Second Amendment by prohibiting federal agents from enforcing certain federal firearms laws within the state unless those laws have been explicitly approved by Congress or issued through due process.

Key Provisions

The bill includes the following significant provisions:

  1. Prohibition of Federal Commandeering:

    • No state agency, political subdivision, or employee acting in an official capacity may be compelled by the federal government to enforce federal firearms laws.
    • This includes any executive orders or actions from the President or acts of Congress.

  2. Misdemeanor Penalty for Federal Officials:

    • Federal officials, agents, or employees who attempt to enforce decrees or writs that have not been approved by Congress or issued through due process will be committing a misdemeanor.
    • Penalties for such actions include:
      • A fine of up to $500
      • Imprisonment for up to one year and a day
      • Both fines and imprisonment may be imposed.

  3. Enforcement by the Attorney General:

    • The Attorney General of West Virginia is tasked with enforcing the provisions of this act, ensuring compliance and addressing violations.

Impact

  • Who Would Be Affected:

    • This bill primarily affects federal law enforcement officials and agencies attempting to enforce federal firearms laws in West Virginia.
    • It also impacts state and local law enforcement agencies, which would be prohibited from cooperating with federal officials in these matters.

  • Potential Consequences:

    • The legislation could lead to legal challenges regarding the balance of state and federal authority, particularly concerning the enforcement of firearms laws.
    • It may also influence the relationship between state and federal law enforcement agencies.

Legislative Timeline

  • February 3, 2025: Filed with the Clerk by Rep. Amy Elik.
  • February 4, 2025:
    • First Reading of the bill.
    • Referred to the Rules Committee.
  • February 17, 2025:
    • Filed for introduction.
    • Introduced in the House and referred to the House Judiciary Committee.

This summary provides an overview of HB 2450, detailing its purpose, key provisions, and potential impact on the enforcement of firearms laws in West Virginia.

Compiled from official sources — confirm details with the bill’s official record.

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