Protecting Due Process in Firearm Confiscation Related to Protective Orders

HB 4923 Text

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Introduced Version

House Bill 4923 History

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Key:
Green
= existing Code.
Red
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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION

FISCAL NOTE

Introduced
House Bill 4923
By Delegates Anders, Dillon, Kump, White, and Horst
[Introduced January 29, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §48-27-502 of the Code of West Virginia, 1931, as amended, relating to mandatory provisions in protective order; requiring a full adversarial hearing by a court of record before a respondent may be prohibited from possessing any firearm or ammunition, and only then by clear and convincing evidence; and providing for automatic appeal by respondent.
Be it enacted by the Legislature of West Virginia:

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-502. Mandatory provisions in protective order.

(a) A protective order must order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury.
(b) The protective order must prohibit the respondent from possessing any firearm or ammunition,
subject to the provisions of subsection (f) of this section.
(c) The protective order must inform the respondent that he or she is prohibited from possessing any firearm or ammunition and that possession of a firearm or ammunition while subject to the court's protective order is a criminal offense under state and federal law, notwithstanding the fact that the respondent might otherwise have a right to possess a firearm.
(d) The protective order must inform the respondent that the order is in full force in every county of this state.
(e) The protective order must contain on its face the following statement, printed in bold-faced type or in capital letters:
"VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS $2,000".
(f) Notwithstanding any provision of this code to the contrary, a protective order may not prohibit a respondent from possessing any firearm or ammunition or confiscate any firearm or ammunitions owned by the respondent:
(1) Unless there is a full adversarial hearing before a court of record, with the respondent present with legal representation; and
(2) There is clear and convincing evidence that the respondent poses an immediate danger to the petitioner, established by documented threats, sworn testimony, or other substantial evidence, and that the confiscation of firearms and ammunition is not used as a punitive or retaliatory measure in domestic violence proceedings.
(g) If a protective order is granted containing the mandatory language of this section, the respondent has an automatic appeal from that order which shall be heard by the court within 10 days as provided in §48-27-510.

NOTE: The purpose of this bill is to require a full adversarial hearing before a court of record before a respondent may be prohibited from possessing any firearm or ammunition, under mandatory provisions in protective order and then only by clear and convincing evidence. The bill also provides for automatic appeal by respondent.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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