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Bill

HB 4921

Relating to the Second Amendment Preservation Act

2026 Regular Session Introduced by Chris Anders and 1 co-sponsor

West Virginia proposes state-level protections limiting enforcement of federal gun regulations, raising federalism and constitutional enforcement questions.

To House Judiciary
0
WeVote Research Nonpartisan
Bill Summary · HB 4921

Legislative bill overview

HB 4921 is West Virginia's Second Amendment Preservation Act, which appears designed to protect firearms rights at the state level. Based on typical legislation under this name, it likely nullifies or restricts enforcement of certain federal gun regulations within the state and may establish state-level protections for gun ownership and use. The bill is currently in the House Judiciary Committee following its introduction.

Why is this important

This legislation touches on a fundamental tension in American federalism: the balance between federal regulatory authority and state sovereignty over firearms policy. Such bills can significantly affect how gun laws are enforced locally and may create legal conflicts between state and federal authorities. West Virginia's approach could serve as a model for other states or become subject to federal court challenge.

Potential points of contention

  • Federal supremacy doctrine: Courts may rule that states cannot nullify federal law, making enforcement provisions potentially unconstitutional
  • Definition of "preservation": Unclear which specific federal regulations the bill targets, potentially creating ambiguity about what conduct is protected
  • Law enforcement coordination: Possible conflicts between state protections and federal agents' ability to investigate gun crimes or enforce interstate regulations
  • Public safety concerns: Critics may argue broad protections could limit legitimate public health and safety measures
  • Interstate commerce issues: Firearms regulations often implicate interstate commerce, creating potential Commerce Clause complications

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

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