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West VirginiaHB 41692026 Regular SessionHouse

Relating to mental health examination requirements.

Sponsored By: Ian T. Masters (Republican)

Signed by Governor

§61-7A-5

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Path to restore gun rights in WV

If you lost gun rights only because of a past mental health finding or an involuntary commitment under §27-5-4(l), you can ask your county circuit court to restore them. The court only hears cases where the ruling or commitment happened in West Virginia, and it can grant only the exact relief you request. The judge must review the facts behind your firearms disability, your mental health and criminal records, and character statements. The court restores rights only if clear and convincing evidence shows you are competent, not likely to be dangerous, and that restoring rights is not against the public interest. You can appeal a denial.

Registry and background check updates

If the court restores your gun rights, the circuit clerk sends a certified order to the State Police and the Supreme Court Administrator. Your name is promptly removed from the state mental health registry. The state promptly tells the FBI or other federal officials who run the background check system so future checks show the change.

Privacy and court rules for cases

Your petition, exam certificate, and treatment records filed with the court are confidential. Only you, your lawyer, and the prosecutor can see them unless you authorize someone else or a judge orders it. Records cannot be published without your OK. The prosecutor represents the state and gives the court your criminal history records. The court must record the proceeding and keep the record for review or appeal.

Mental health exam and filing steps

When you file, you must list every place you got mental health treatment, with addresses, and sign a release so the prosecutor can get your records. You must attach a verified mental health exam done within 30 days before you file. A physician or psychologist can do the exam. A counselor, clinical social worker, psychiatric nurse practitioner, or physician assistant can do it only if a court has already authorized them for this role. The exam must support that you are competent and not likely to act in a dangerous way.

Sponsors & Cosponsors

Sponsor

  • Ian T. Masters

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 129 • No: 0

Senate vote • 3/11/2026

Passed Senate (Roll No. 455)

Yes: 34 • No: 0

House vote • 1/28/2026

Passed House (Roll No. 23)

Yes: 95 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/18/2026

    3/18/2026House

  3. To Governor 3/18/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  5. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  6. House received Senate message

    3/13/2026House

  7. On 3rd reading

    3/11/2026Senate

  8. Read 3rd time

    3/11/2026Senate

  9. Passed Senate (Roll No. 455)

    3/11/2026Senate

  10. Communicated to House

    3/11/2026Senate

  11. Completed legislative action

    3/11/2026Senate

  12. On 2nd reading

    3/10/2026Senate

  13. Read 2nd time

    3/10/2026Senate

  14. Reported do pass

    3/9/2026Senate

  15. Immediate consideration

    3/9/2026Senate

  16. Read 1st time

    3/9/2026Senate

  17. Introduced in Senate

    1/30/2026Senate

  18. To Judiciary

    1/30/2026Senate

  19. To Judiciary

    1/30/2026Senate

  20. Read 3rd time

    1/28/2026House

  21. Passed House (Roll No. 23)

    1/28/2026House

  22. Communicated to Senate

    1/28/2026House

  23. On 2nd reading, Special Calendar

    1/27/2026House

  24. Read 2nd time

    1/27/2026House

  25. On 3rd reading, Special Calendar

    1/27/2026House

Bill Text

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