West Virginia Code § 61-7B-3

Definitions
Open in Lexace · Ask the AI about this section
For purposes of this article, the following words and phrases have the following meaning:
"Commandeering" means taking control of or seizing the assets, personnel, or operations of
an agency of this state, or of a political subdivision of this state, or the employees of an
agency or political subdivision of this state without the express authority for the control
having been formally given by the state or political subdivision of the state.
"Federal commandeering" means commandeering by the government of the United States,
or any department, bureau, agency, or commission of the assets,u personnel, operations, or
employees of an agency of this state, or of a political subdivision.
"Inconsistent federal firearms law, regulation, or rule" means a federal statute, regulation,
or rule relating to firearms, firearms accessories, or amamunition that is inconsistent with the
laws of the State of West Virginia. Inconsistent federal firearms law also means and includes
any federal firearms law which the enactment, enfolrcement, or execution of which violates
the Second Amendment of the Constitution ofs the United States.
"Inconsistent presidential firearms executiive order or action" means an executive order or
action issued by the President of the United States relating to the enforcement or execution
of an inconsistent federal firearms law.
"Inconsistent with the law of West Virginia" in the context of an inconsistent federal firearms
law means a federal firearms law which criminalizes the possession of a firearm, firearm
accessory, or ammunition for federal purposes when the possession of that firearm, firearm
accessory or ammunition would not be, and is not, a violation of the law of the State of West
Virginia.
"New inconsistent federal firearms law" means an inconsistent federal firearms law that was
not in effect prior to January 1, 2021.
"New inconsistent presidential firearms executive order or action" means an inconsistent
presidential firearms executive order or action which was not in effect prior to January 1,
2021.
"Red flag law" means a law under which a person may petition for a court to temporarily
take away another person's right to possess a firearm which it is otherwise lawful under the
law of West Virginia for the respondent to possess.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.