Prohibiting financial institutions from discriminating against firearms businesses

SB 78 Text

skip navigation

SENATE

PRESIDENT

SENATORS

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

SENATE CLERK

SENATE RULES

HOUSE

SPEAKER

DELEGATES

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

HOUSE CLERK

HOUSE RULES

HOUSE STAFF

JOINT

INTERIM COMMITTEES

LEGISLATIVE ADMINISTRATOR

LEGISLATIVE SERVICES DIVISION

PUBLIC INFORMATION

LEGISLATIVE AUTOMATED SYSTEMS DIVISION

LEGISLATIVE AUDITOR'S OFFICE

PERFORMANCE EVALUATION & RESEARCH DIVISION

POST AUDIT DIVISION

BUDGET DIVISION

REGULATORY AND FISCAL AFFAIRS DIVISION

CLAIMS COMMISSION

CRIME VICTIMS

RULE-MAKING REVIEW

SPECIAL INVESTIGATIONS

JUDICIAL COMP. COMMISSION

JOINT RULES

STAFF INFO

BILL STATUS

BILL STATUS

BILL TRACKING

STATE LAW

WEST VIRGINIA CODE

ACTS OF THE LEGISLATURE

CODE OF 1931

WV CONSTITUTION

US CONSTITUTION

REPORTS

AGENCY REPORTS

AGENCY GRANT AWARDS

PERFORMANCE EVALUATIONS

POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE

INTERNSHIP PROGRAM

PAGE PROGRAM

PUBLICATIONS

PHOTO GALLERY

CAPITOL HISTORY

HOW A BILL BECOMES LAW

CONTACT

SENATE ROSTER

HOUSE ROSTER

PUBLIC INFO.

NEWS RELEASES

HELPFUL LINKS

Introduced Version

Senate Bill 78 History

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION

FISCAL NOTE

Introduced
Senate Bill 78
By Senator Phillips
[Introduced January 14, 2026; referred
to the Committee on Banking and Insurance; and then to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §31A-8H-1, §31A-8H-2, §31A-8H-3, and §31A-8H-4, relating to prohibiting financial institutions from discriminating against firearms businesses; providing definitions; clarifying exceptions; creating civil penalties; authorizing an injured party to file civil action; authorizing the Attorney General to file civil actions and clarifying actions required if the action prevails; providing a statute of limitations on civil actions; and providing for an effective date.
Be it enacted by the Legislature of West Virginia:

ARTICLE 8H. Prohibiting financial institutions from discriminating against firearms businesses.

§31A-8H-1. Definitions.

(a) As used in this article:
"Ammunition" means one or more loaded cartridges consisting of a primed case, propellant and with or without one or more projectiles;
"Discriminate" means to:
(A) Refuse to engage in the trade of any goods or services;
(B) Refrain from continuing an existing business relationship;
(C) Terminate an existing business relationship;
(D) Otherwise unlawfully discriminate against a person.
"Financial institution" means a payment processor, a financial institution as defined in this chapter or a national banking association as defined in 12 U.S.C. § 221;
"Firearm" means a weapon that expels a projectile by the action of an explosive;
"Firearm accessory" means both:
(A) A device that is specifically designed or adapted to enable a person to wear or carry a firearm on the person or to store or mount a firearm in or on a conveyance;
(B) An attachment or device that is specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.
"Firearm entity" means all of the following:
(A) A firearm, firearm accessory or ammunition manufacturer, retailer and distributor;
(B) A shooting range; or
(C) A trade association.
"Trade association" means any person, corporation, unincorporated association, federation, business league or professional or business organization that:
(A) Is not organized or operated for profit and for which no part of its net earning inures to the benefit of any private shareholder or individual;
(B) Is an organization described in section 501(c)(6) of the Internal Revenue Code and is exempt from tax pursuant to section 501(a) of the Internal Revenue Code;
(C) Has two or more members who are firearm, firearm accessory or ammunition manufacturers or sellers.
(b) All other definitions are prescribed the meanings as otherwise set forth in this chapter.

§31A-8H-2. Unlawful discrimination against a firearm entity; exception.

(a) A financial institution may not discriminate against a firearm entity because the firearm entity supports or is engaged in the lawful commerce of firearms, firearm accessories or ammunition products.
(b) This section may not apply to a financial institution that chooses not to provide services to a firearm entity for a business or financial reason or due to a directive by the state banking commissioner or a bank supervisory agency as defined by this chapter. This section may not apply to a financial institution that has a written policy prohibiting the institution from discriminating against firearm entities as defined in this chapter. For the purposes of this subsection, "business or financial reason" does not include a policy of refusing to provide financial services or otherwise discriminating when providing financial services to a firearm entity.

§31A-8H-3. Remedies; attorney general notice; statute of limitation.

(a) A person who is injured by a violation of this article may bring a civil action against the financial institution. A court of competent jurisdiction shall award the successful party reasonable attorney fees and costs. The court may award the successful party any of the following:
(1) Actual and compensatory damages;
(2) Treble damages;
(3) Punitive or exemplary damages;
(4) Injunctive relief; or
(5) Any other appropriate civil relief.
(b) The attorney general may file a civil action for a violation of this article. The attorney general may request the court to do any of the following:
(1) Issue a declaratory judgment for an act or practice that violates this article;
(2) Enjoin any act or practice that violates this article by issuing a temporary restraining order or preliminary or permanent injunction, without a bond, after providing appropriate notice;
(3) In the event of repeated discrimination or failure to adhere to the financial institution's own antidiscrimination policy, impose a civil penalty that does not exceed $20,000 per violation of this article.
(c) If the attorney general prevails on an action filed pursuant to subsection (b) of this section, a court's order for relief, in addition to any other remedies, may include any relief sought under subsection (b) of this section and shall include an award to the attorney general for reasonable attorney fees and investigative and litigation costs.
(d) The attorney general shall submit the name of any financial institution that has violated this article to the governor and request that the state terminate any business relationship with the financial institution.
(e) Any civil action shall be commenced within not more than two years after the date that the violation is discovered or should reasonably have been discovered.
(f) The remedies and actions available or required under this section may not be applicable if a financial institution has a written policy prohibiting the institution from discriminating against firearm entities as defined in this chapter.

§31A-8H-4. Effective date.

This article is effective July 1, 2026.
NOTE: The purpose of this bill is to prohibit financial institutions from discriminating against firearms businesses. The bill specifies civil remedies. The bill provides for attorneys fees and costs for a successful action. The bill provides for a statute of limitations on civil actions. The bill provides for potential loss of state business to a financial institution found to have violated this article. Finally, the bill provides for an effective date.

Strike-throughs indicate language that would be stricken from a heading or the
present law and underscoring indicates new language that would be added.

Bill Status
|

Bill Tracking
|

Legacy WV Code
|

Bulletin Board
|

District Maps
|

Senate Roster
|

House Roster
|

Live
|

Blog
|

Jobs
|

Links
|

Home

This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|

Webmaster
| © 2026 West Virginia Legislature **

Print On Demand

Name:

Email:

Phone: