After introduction, the bill was referred to the House Judiciary Committee and it has not progressed since.
The legislation would stop federal gun control “laws” at the state border.
The Second Amendment reads: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. (Emphasis added)
The Second Amendment applies to the federal government, therefore any infringement is a violation and is addressed by the text of Marcum’s bill, which simply states that:
“all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments are invalid and unenforceable; …”
This bill, if passed, would nullify any federal gun control bill limiting the citizens of West Virginia access to firearms, ammunition and accessories. The legislation would also make it a felony to try to implement it in West Virginia by:
“making it a felony to attempt to enforce a federal, state or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions…”
A section from this bill goes on to state:
“All future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments shall not be recognized by this state and shall not be given any recognition within the state as they are against public policy. Those federal, state and local statutes, ordinances, laws, orders and rules are specifically rejected by the State of West Virginia and are null and void and of no effect within the state.”
Then the bill lays out penalties for violation of West Virginian’s rights:
“Any attempt to enforce those federal, state and local statutes, ordinances, laws, orders and rules within the State of West Virginia by any official, officer or employee of the United States government, the West Virginia government, any county government or local government that infringes upon the right to keep and bear arms is guilty of a felony and, upon conviction, shall be confined in a correctional facility not more than two years and a fine of not more than $10,000.”
The bill also has a provision to further protect the citizens of West Virginia from federal prosecution:
“The Attorney General shall defend a citizen of West Virginia who is prosecuted by the United States Government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition.” (Emphasis added)
But his bill is languishing in the House Judiciary Committee, and it needs your calls, emails and, if you can, personal visits to the Committee members to show your support and ask them to report the bill out of committee favorably.
If you live in West Virginia, contact your state legislator. Let him or her know of your concern over federal actions to take away your Second Amendment rights and that you expect support of this legislation. Click here for House contact information and here for Senate.
If you live outside of West Virginia, still contact your state legislator. Inform him or her that you hope similar legislation will be introduced in your state.