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West Virginia Governor Signs Second Amendment Preservation Act

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Article first appeared on Ammoland.com

West Virginia – -(AmmoLand.com)- West Virginia has joined the list of Second Amendment sanctuaries with the passage of HB2694, the 2nd Amendment Preservation Act. Governor Jim Justice signed the measure into law, meaning it will take effect on July 9, according to the website of the West Virginia state legislature.

The text of the legislation includes significant barriers to the use of state and local law enforcement authorities for enforcing some of the onerous restrictions that Joe Biden wishes to impose on our Second Amendment rights. For instance, the legislation prohibits “federal commandeering” of state and local law enforcement agencies for the purposes of enforcing any federal firearms law.

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.” The National Rifle Association’s Institute for Legislative Action has a summary of that state’s firearms laws for loyal Ammoland readers to review.

According to Gun Owners of America, the legislation passed by huge margins (72-24 with 4 abstentions in the statehouse, 30-4 in the state senate). The gun-rights group has asked members to “thank or spank” state legislatures, depending on their vote, and to thank Governor Justice for signing the bill into law.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

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