You Need to Read and Act on These Bills Now:
SB 353 and HB 2694 (Second Amendment Preservation Act)
Your job is affected by these Bills.
SB 353 & HB 2694 Facts
• Prinz v US established that the federal government cannot force state/local law enforcement to execute federal law.
• SB 353 codifies this in WV and removes state/local resources from federal use specifically and only for firearms laws that we don’t also have in WV.
o We have all of the federal prohibited person classifiers in 922(g) and 922(n) in code.
o We have additional prohibited person classifiers as well.
o We have statutes for additional crimes using a firearm during a felony. o None of these are changed by SB 353.
• This bill allows law enforcement leadership/ departments to point to the legislature as the reason they will not follow an unconstitutional gun mandate, not themselves. That barrier is invaluable.
• We hope no officer is ever charged under this bill, we believe the vast majority of officers will be pleased to be removed from the potentially volatile interaction of federal gun confiscationists and private citizens.
• We hear time and time again, no officer in this state wants to confiscate firearms. Excellent! While we believe this to be true, we also believe officers will be asked at some point to do so. This bill protects officers from that.
• An arresting officer, if they come across a situation where they have probable cause for state-level gun crime, is not affected by this bill.
o If and only if they also arrest for a federal gun crime that we don’t have in WV code, will they be affected.
o So don’t arrest for those crimes.
• We cannot predict the severity of future federal disarmament efforts, so an aggressive
stance is needed now to defend against the future changes. o Take a peek at bills introduced this session in Congress
▪ HR 8, HR 125, HR 127, HR 167, HR 880, HR 882, HR 1004, HR 1005, HR 1008, etc.
▪ There are new gun control bills entered almost daily.
▪ With a seated President, VP, and Speaker of the House being openly
interested in pursuing new gun control laws, now is the time to act.
(By the West Virginia Citizens Defense League - WVCDL)