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SB 478WEST VIRGINIASession 2026State Billdead
Did Not Advance

West Virginia creates Second Amendment Reaffirmation and Protection Act to block enforcement of invalidated federal gun rules

Original title: Second Amendment Reaffirmation and Protection Act

Last action · February 13, 2026: To House JudiciarySponsors: Chris Rose and 7 others

Companion · HB 4926same policy, House version
Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia establishes the Second Amendment Reaffirmation and Protection Act, prohibiting state and local officers from enforcing federal firearm restrictions that have been repealed or invalidated by federal courts. The measure also bans state and local entities from restricting lawful concealed carry based on ammunition capacity, caliber, modifications, accessories, decibels, location, or method, while maintaining prohibitions in schools, correctional facilities, and court buildings.

Why it matters

State and local law enforcement agencies are barred from spending resources to enforce federal firearms rules once those rules are struck down or repealed, and individuals gain the right to seek legal redress and attorney fees if state entities unlawfully restrict concealed carry.

Background
  • State-level legislation prohibiting state and local cooperation with federal firearm enforcement has been introduced and enacted in several states as part of broader Second Amendment protection movement debates. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

State and local law enforcement officers

Officers are prohibited from knowingly enforcing or expending resources on federal firearms restrictions that have been repealed or invalidated by federal courts.

Directly affected

Concealed firearm carriers

Carriers gain protection from state and local limits on concealed carry based on capacity, caliber, modifications, or accessories, except in specifically exempted buildings.

Directly affected

Municipalities and counties

Political subdivisions are barred from enforcing invalidated federal firearm rules and from enacting concealed carry limitations contrary to the act.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What happens to state firearms laws if a federal restriction is struck down by a court?
Any state or local law relying solely on that federal restriction becomes unenforceable until the Legislature enacts an independent state law adopting similar restrictions.
Are local police prohibited from enforcing all gun laws under this act?
No. Local police are only prohibited from enforcing federal firearms restrictions, prohibitions, registrations, or licensing schemes that exist solely by reference to federal law after knowing they have been repealed or invalidated.
Where are concealed carry restrictions still permitted under this bill?
Concealed carry restrictions remain permitted in correctional facility buildings, primary or secondary school buildings, and areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
Can residents sue if a state entity restricts their lawful concealed carry rights?
Yes. Redress may be sought through writs of prohibition and mandamus, which may include the awarding of reasonable attorney's fees and costs to a prevailing petitioner.

What else do you want to know?

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Where This Stands

This bill did not become law - Died at adjournment · passed the Senate · in House committee.

Procedural history

21 actions
  1. Feb 13, 2026HouseCommittee
    To House Judiciary
  2. Feb 13, 2026HouseCommittee
    To Judiciary
  3. Feb 13, 2026HouseIntroduced
    Introduced in House
  4. Feb 13, 2026House
    House received Senate message
  5. Feb 12, 2026Senate
    Ordered to House
  6. Feb 12, 2026Senate
    Title amendment adopted
Show 15 earlier actions
  1. Feb 12, 2026SenateFloor
    Passed Senate (Roll No. 69)
  2. Feb 12, 2026Senate
    Floor amendment adopted (Roll No. 68)
  3. Feb 12, 2026Senate
    Read 3rd time
  4. Feb 11, 2026Senate
    Laid over on 3rd reading 2/11/2026 with right to amend
  5. Feb 11, 2026Senate
    On 3rd reading with right to amend
  6. Feb 10, 2026Senate
    Read 2nd time
  7. Feb 9, 2026Senate
    Laid over on 2nd reading 2/9/2026
  8. Feb 9, 2026Senate
    On 2nd reading
  9. Feb 6, 2026Senate
    Read 1st time
  10. Feb 6, 2026Senate
    On 1st reading
  11. Feb 5, 2026Senate
    Committee substitute reported
  12. Jan 19, 2026SenateCommittee
    To Judiciary
  13. Jan 19, 2026SenateIntroduced
    Introduced in Senate
  14. Jan 19, 2026SenateCommittee
    To Judiciary
  15. Jan 19, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Chris RoseSenateRepublicanPrimary sponsor
Brian HeltonSenateRepublicanSponsor
Mark MaynardSenateRepublicanSponsor
Patricia RuckerSenateRepublicanSponsor
Darren ThorneSenateRepublicanSponsor
Show 3 more sponsors
Tom WillisSenateRepublicanSponsor
Jay TaylorSenateRepublicanSponsor
Craig HartSenateRepublicanSponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Automatic State Non-Enforcement Trigger

The bill creates an automatic mechanism where state and local enforcement of federal firearm rules ceases immediately upon federal repeal or judicial invalidation without requiring a separate state legislative vote to halt enforcement.

West Virginia Legislature

Connected Entities

West Virginia Legislature, Supreme Court of Appeals of West Virginia, Adjutant General and 1 more
OrganizationWest Virginia Legislature“Legislative body enacting the bill”Map →
OrganizationSupreme Court of Appeals of West Virginia“Maintains jurisdiction over areas exempt from the concealed carry protections”Map →
PersonAdjutant General“Exercises jurisdiction and oversight over military facilities, bases, armories, ”Map →
PersonGovernor“Exercises jurisdiction and oversight over military facilities, bases, armories, ”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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