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West VirginiaSB 2702025 Regular SessionSenateWALLET

Declaring sale and manufacture of firearms essential business during declared emergency

Sponsored By: Patrick Martin (Republican)

Signed by Governor

§15-5-19a

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Court relief for emergency firearm violations

Beginning July 8, 2025, people, groups, and entities harmed by violations of these emergency firearm protections can sue responsible government bodies or officials. They can seek damages, orders stopping violations, court declarations of their rights, or other relief. An individual harmed by an unlawful seizure can seek immediate return of the property and $5,000 per violation. Winning plaintiffs can also recover actual damages, including related losses, court costs and fees, and reasonable attorney fees. Cases can be filed in the court with jurisdiction where the action occurred; state or state-agency cases can use Kanawha County Circuit Court. Awards remain available even if the challenged rule or action ends before the final court decision.

Carry licenses last longer during emergencies

Beginning July 8, 2025, qualifying West Virginia concealed-carry and provisional licenses receive automatic emergency extensions. This covers licenses scheduled to expire during a governor-declared emergency or within the 14 days before the declaration. The license stays valid until 60 days after its scheduled expiration or 30 days after the emergency ends, whichever is later. It remains valid for all purposes under state law, with its other legal conditions and restrictions still applying.

Emergency protections for gun owners and businesses

Beginning July 8, 2025, West Virginia treats firearm businesses and related services as essential during covered emergencies. These include sales, manufacturing, storage, repairs, maintenance, and training involving firearms, ammunition, and related parts or equipment. During covered emergency responses or preparedness activities, state and local officials generally cannot restrict lawful possession, use, carrying, display, transfer, transport, storage, sales, or servicing. Officials also cannot require registration, suspend or revoke carry licenses, or willfully refuse properly completed license applications. They generally cannot close gun businesses, shooting ranges, or training sites; limit their hours; cap sales quantities; or restrict lawful hunting or fishing. Existing exceptions remain for evacuations, general business closures in affected areas, qualifying zoning rules, and sales bans in cordoned-off areas during riots or imminent danger. Lawful seizures remain allowed for self-defense, qualifying arrests, or crime evidence; other lawful police removals remain subject to return requirements.

Sponsors & Cosponsors

Sponsor

  • Patrick Martin

    Republican • Senate

Cosponsors

  • T. Kevan Bartlett

    Republican • Senate

  • Vince Deeds

    Republican • Senate

  • Craig A. Hart

    Republican • Senate

  • Robbie Morris

    Republican • Senate

  • Rupie Phillips

    Republican • Senate

  • Chris Rose

    Republican • Senate

  • Patricia Rucker

    Republican • Senate

  • Darren Thorne

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 162 • No: 1

Senate vote • 4/9/2025

Senate concurred in House amendments and passed bill (Roll No. 418)

Yes: 31 • No: 0

House vote • 4/8/2025

Passed House (Roll No. 416)

Yes: 98 • No: 1

Senate vote • 2/26/2025

Passed Senate (Roll No. 33)

Yes: 33 • No: 0

Actions Timeline

  1. Chapter 241, Acts, Regular Session, 2025

    8/8/2025Senate

  2. Approved by Governor 4/25/2025

    4/25/2025Senate

  3. To Governor 4/14/2025

    4/14/2025Senate

  4. To Governor 4/14/2025 - Senate Journal

    4/12/2025Senate

  5. To Governor 4/14/2025 - House Journal

    4/12/2025House

  6. Approved by Governor 4/25/2025 - Senate Journal

    4/12/2025Senate

  7. Approved by Governor 4/25/2025 - House Journal

    4/12/2025House

  8. House Message received

    4/9/2025Senate

  9. Senate concurred in House amendments and passed bill (Roll No. 418)

    4/9/2025Senate

  10. Communicated to House

    4/9/2025Senate

  11. Completed legislative action

    4/9/2025Senate

  12. On 3rd reading, Special Calendar

    4/8/2025House

  13. Read 3rd time

    4/8/2025House

  14. Passed House (Roll No. 416)

    4/8/2025House

  15. Title amendment adopted (Voice vote)

    4/8/2025House

  16. Communicated to Senate

    4/8/2025House

  17. On 2nd reading, Special Calendar

    4/7/2025House

  18. Read 2nd time

    4/7/2025House

  19. Amendment reported by the Clerk

    4/7/2025House

  20. Amendment adopted (Voice vote)

    4/7/2025House

  21. Committee amendment adopted (Voice vote)

    4/7/2025House

  22. On 1st reading, Special Calendar

    4/4/2025House

  23. Read 1st time

    4/4/2025House

  24. With amendment, do pass

    4/3/2025House

  25. Markup Discussion

    4/2/2025House

Bill Text

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