House Bill 2450 would amend West Virginia’s Second Amendment Preservation and Anti-Federal Commandeering Act. It declares that state agencies, political subdivisions, and their employees may not be commandeered by the federal government through a presidential executive order or act of Congress, and it specifically prohibits federal commandeering of West Virginia law enforcement for enforcing federal firearms laws.
The bill also creates a misdemeanor offense for any federal official, agent, or employee who attempts to enforce in West Virginia any decree or writ that has not specifically passed Congress or been issued through due process of law. A person convicted under this provision could be fined up to $500, jailed for up to one year and a day, or both, and the Attorney General would be responsible for enforcing the provision.
Impact
If enacted, the bill would add new restrictions to West Virginia Code §61-7B-4 and expand the state’s anti-commandeering framework. It would affect state and local agencies, law-enforcement personnel, and federal officials operating in West Virginia, while also assigning enforcement authority to the Attorney General. The bill would not change federal law, but it would attempt to create state-level penalties for certain federal enforcement actions, particularly those related to firearms.
Sentiment
The available context suggests the bill is framed positively by its sponsors as a Second Amendment and state sovereignty measure, with no recorded committee debate or vote history in the provided materials. Because there are no transcripts or votes, there is no documented opposition or support beyond the bill’s introduction and referral to the Judiciary Committee. The overall tone of the bill text is assertive and protective of state authority over firearms enforcement.
Contention
The main point of contention is likely the bill’s attempt to criminalize conduct by federal officials and to bar federal commandeering of state resources, which raises federalism and supremacy-clause concerns. Another likely issue is the scope of the prohibition, especially the language targeting federal enforcement of firearms laws and any decree or writ not specifically passed by Congress or issued through due process. Supporters would likely emphasize state sovereignty and Second Amendment protections, while critics would likely question constitutionality and enforceability.