SB478 • 2026

Second Amendment Reaffirmation and Protection Act

Education Firearms

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rose, Helton , M. Maynard , Rucker , Thorne , Willis , Taylor , Hart
Last action: 2026-02-13
Official status: H To House Judiciary 02/13/26
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Second Amendment Reaffirmation and Protection Act

What This Bill Does

Second Amendment Reaffirmation and Protection Act

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

sb478 sfa tarr 2-5 _1 pulled.htm

Pulled

Plain English: SB478 SFA Tarr 2-5 #1 Burgess 4840 Senator Tarr moved to amend the bill on page 2, section 13, lines 20-23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) Notwithstanding §8-12-5a of this code, no state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government may restrict the authorization provided in this section by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That unless federal firearms law is more permissive than West Virginia law, rule, or ordinance, the provisions of this subsection do not apply to an individual when a firearm carried by a lawful adult is within a correctional facility building, school building, or dedicated judicial rooms or corridors.

SB478 SFA Tarr 2-5 #1 Burgess 4840 Senator Tarr moved to amend the bill on page 2, section 13, lines 20-23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) Notwithstanding §8-12-5a of this code, no state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government may restrict the authorization provided in this section by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That unless federal firearms law is more permissive than West Virginia law, rule, or ordinance, the provisions of this subsection do not apply to an individual when a firearm carried by a lawful adult is within a correctional facility building, school building, or dedicated judicial rooms or corridors.
(1) If any provision or any part or clause of any provision of this article, or the application thereof to any person or circumstance, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this article.
(2) Every further 2nd and 14th amendment right recognized by the Constitution of the United States will be restored and reaffirmed upon repeal or judicial nullification of any federal firearms restriction, regulation, or classification by Congress, the U.S.
Supreme Court, or a federal court of final jurisdiction.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa tarr 2-5 _1.htm

Filed

SB478 SFA Tarr 2-5 #1 Burgess 4840 Senator Tarr moved to amend the bill on page 2, section 13, lines 20-23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) Notwithstanding §8-12-5a of this code, no state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government may restrict the authorization provided in this section by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That unless federal firearms law is more permissive than West Virginia law, rule, or ordinance, the provisions of this subsection do not apply to an individual when a firearm carried by a lawful adult is within a correctional facility building, school building, or dedicated judicial rooms or corridors.
(1) If any provision or any part or clause of any provision of this article, or the application thereof to any person or circumstance, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this article.
(2) Every further 2nd and 14th amendment right recognized by the Constitution of the United States will be restored and reaffirmed upon repeal or judicial nullification of any federal firearms restriction, regulation, or classification by Congress, the U.S.
Supreme Court, or a federal court of final jurisdiction.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa tarr _2 2-9 pulled.htm

Pulled

Plain English: SB478 SFA Tarr #2 2-9 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.

SB478 SFA Tarr #2 2-9 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq.
of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa tarr _2 2-9.htm

Filed

SB478 SFA Tarr #2 2-9 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq.
of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa tarr _3 2-11 adopted.htm

Adopted

Plain English: SB478 SFA Tarr #3 2-11 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.

SB478 SFA Tarr #3 2-11 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq.
of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa tarr _3 2-11.htm

Filed

SB478 SFA Tarr #3 2-11 Cobb 7888 Senators Tarr and Rose moved to amend the bill on page 2, section 13, lines 20-30, by striking out all of subsections (f) and (g) and inserting in lieu thereof three new subsections, designated subsections (f), (g), and (h), to read as follows: (f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry: Provided, That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq.
of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa weld _1 2-9 pulled.htm

Pulled

Plain English: SB478 SFA Weld #1 2-9 Wolfe 7816 Senator Weld moved to amend the bill on page 2, section 13, lines 20 through 23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows: (f) In addition to any other remedies that may be provided by law, any person aggrieved by a violation of this section by any department, agency, or political subdivision of this state, or any officer of the same acting in his or her official capacity may seek: (1) A writ of prohibition pursuant to §53-1-1 et seq.

SB478 SFA Weld #1 2-9 Wolfe 7816 Senator Weld moved to amend the bill on page 2, section 13, lines 20 through 23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows: (f) In addition to any other remedies that may be provided by law, any person aggrieved by a violation of this section by any department, agency, or political subdivision of this state, or any officer of the same acting in his or her official capacity may seek: (1) A writ of prohibition pursuant to §53-1-1 et seq.
of this code; or (2) Injunctive relief pursuant to §53-5-1 et seq.
of this code.
Any petition seeking relief under this subsection shall be filed in the circuit court of the county in which the alleged violation occurred.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfa weld _1 2-9.htm

Filed

SB478 SFA Weld #1 2-9 Wolfe 7816 Senator Weld moved to amend the bill on page 2, section 13, lines 20 through 23, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows: (f) In addition to any other remedies that may be provided by law, any person aggrieved by a violation of this section by any department, agency, or political subdivision of this state, or any officer of the same acting in his or her official capacity may seek: (1) A writ of prohibition pursuant to §53-1-1 et seq.
of this code; or (2) Injunctive relief pursuant to §53-5-1 et seq.
of this code.
Any petition seeking relief under this subsection shall be filed in the circuit court of the county in which the alleged violation occurred.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfat tarr 2-10.htm

Filed

Plain English: SB478 SFAT Tarr 2-10 Cobb 7888 Senators Tarr and Rose moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act; specifying legislative purpose; limiting the incorporation of invalid or repealed federal law; creating a trigger clause; prohibiting state and local officers from enforcing invalidated or repealed federal firearm restrictions; prohibiting state entities from limiting the right of a person to carry a concealed firearm; providing for redressability through writs of prohibition and mandamus; and providing for rules of statutory construction.

SB478 SFAT Tarr 2-10 Cobb 7888 Senators Tarr and Rose moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act; specifying legislative purpose; limiting the incorporation of invalid or repealed federal law; creating a trigger clause; prohibiting state and local officers from enforcing invalidated or repealed federal firearm restrictions; prohibiting state entities from limiting the right of a person to carry a concealed firearm; providing for redressability through writs of prohibition and mandamus; and providing for rules of statutory construction.
Adopted Rejected

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfat tarr _1 2-12 adopted.htm

Adopted

Plain English: SB478 SFAT Tarr #1 2-12 Cobb 7888 Senator Tarr moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

SB478 SFAT Tarr #1 2-12 Cobb 7888 Senator Tarr moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Com.
Sub.
for Senate Bill 478 —A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act; specifying legislative purpose; limiting the incorporation of invalid or repealed federal law; creating a trigger clause; prohibiting state and local officers from enforcing invalidated or repealed federal firearm restrictions; prohibiting state entities from limiting the right of a person to carry a concealed firearm; providing for redressability through writs of prohibition and mandamus; and providing for rules of statutory construction.

This amendment summary is using official source text because generated interpretation was skipped for this run.

sb478 sfat tarr _1 2-12.htm

Filed

Plain English: SB478 SFAT Tarr #1 2-12 Cobb 7888 Senator Tarr moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.

SB478 SFAT Tarr #1 2-12 Cobb 7888 Senator Tarr moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows: Eng.
Com.
Sub.
for Senate Bill 478 —A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act; specifying legislative purpose; limiting the incorporation of invalid or repealed federal law; creating a trigger clause; prohibiting state and local officers from enforcing invalidated or repealed federal firearm restrictions; prohibiting state entities from limiting the right of a person to carry a concealed firearm; providing for redressability through writs of prohibition and mandamus; and providing for rules of statutory construction.

This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

2026-02-13 H
To House Judiciary
2026-02-13 H
To Judiciary
2026-02-13 H
Introduced in House
2026-02-13 H
House received Senate message
2026-02-12 S
Ordered to House
2026-02-12 S
Title amendment adopted
2026-02-12 S
Passed Senate (Roll No. 69)
2026-02-12 S
Floor amendment adopted (Roll No. 68)
2026-02-12 S
Read 3rd time
2026-02-11 S
Laid over on 3rd reading 2/11/2026 with right to amend
2026-02-11 S
On 3rd reading with right to amend
2026-02-10 S
Read 2nd time
2026-02-09 S
Laid over on 2nd reading 2/9/2026
2026-02-09 S
On 2nd reading
2026-02-06 S
Read 1st time
2026-02-06 S
On 1st reading
2026-02-05 S
Committee substitute reported
2026-01-19 S
To Judiciary
2026-01-19 S
Introduced in Senate
2026-01-19 S
To Judiciary
2026-01-19 S
Filed for introduction

Official Summary Text

Second Amendment Reaffirmation and Protection Act

Current Bill Text

Read the full stored bill text

SB 478 Text

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WEST virginia legislature
2026 regular session
Engrossed
Committee Substitute
for
Senate Bill 478
By Senators Rose, Helton, M. Maynard, Rucker, Thorne, Willis, Taylor, and Hart
[Reported February 5, 2026, from the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §61-7-13, relating to establishing the Second Amendment Reaffirmation and Protection Act; specifying legislative purpose; limiting the incorporation of invalid or repealed federal law; creating a trigger clause; prohibiting state and local officers from enforcing invalidated or repealed federal firearm restrictions; prohibiting state entities from limiting the right of a person to carry a concealed firearm; providing for redressability through writs of prohibition and mandamus; and providing for rules of statutory construction.
Be it enacted by the Legislature of West Virginia:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-13. Second Amendment Reaffirmation and Protection Act.

(a) Short title. — This act shall be known as the Second Amendment Reaffirmation and Protection Act.
(b) Purpose. — The purpose of this act is to protect against the state enforcement of repealed, unconstitutional, or invalid federal restrictions on firearms.
(c) Dynamic incorporation of federal firearms law. — Any provision of this code that incorporates or relies upon a federal firearms
restriction, regulation, or classification
shall be construed to incorporate the federal law only while the federal law remains enforceable.
(d) Automatic effect of repeal or invalidation. — Upon the repeal by Congress, permanent injunction by a court of competent jurisdiction, or final judicial determination from a court of competent jurisdiction of invalidity of any federal firearms restriction, regulation, or classification, any provision of this code, state regulation, or municipal or county ordinance that relies solely upon the federal law shall not be enforceable to the extent of that reliance, unless and until the Legislature enacts an independent state law adopting substantially similar restrictions.
(e) Limitation on state and local enforcement. — An officer, agency, or political subdivision, including counties and municipalities, of this state shall not knowingly enforce, attempt to enforce, or expend state resources to enforce any firearms restriction, prohibition, registration requirement, classification, or licensing scheme that exists solely by reference to federal law after the officer, agency, or political subdivision has knowledge the federal law has been repealed, declared unconstitutional, or permanently enjoined.
(f) A state entity, agent of the state, agency of the state, municipality, county, or any other political subdivision of state government shall not limit the right of any person to lawfully carry a concealed firearm by means of ammunition capacity, caliber, firearm modification, accessory, decibel, location of carry, or method of concealed carry:
Provided,
That the provisions of this subsection do not apply to firearm restrictions in a correctional facility building, primary, or secondary school building, or areas under the jurisdiction of the Supreme Court of Appeals of West Virginia.
(g)(1) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq. of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.

Every right derived from the Second and Fourteenth Amendments of the Constitution of the United States will be restored and reaffirmed upon repeal by Congress or judicial nullification by the U.S. Supreme Court or a federal court of final jurisdiction of any federal firearms restriction, regulation, or classification.

(h) Construction. — This section shall be construed using the following rules:
(1) Nothing in this provision shall be construed to:
(A) Abrogate or alter §8-12-5a of this code;
(B) Affect the enforcement of any provision of this code that independently establishes a firearms-related offense, restriction, or regulation under state law; or
(C) Apply to military facilities, bases, armories, or military encampments that are subject to the jurisdiction and oversight of the Governor or the Adjutant General.
(2) If any provision or any part or clause of any provision of this section, or its application, is held unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect other provisions of this section.
(3) The provisions of this section shall take effect immediately.

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