The Senate Judiciary Committee met on Wednesday afternoon and advanced two bills regarding creating felony penalties for threats using electronics and the Second Amendment Reaffirmation and Protection Act.
Senate Bill 478 would establish the Second Amendment Reaffirmation and Protection Act.
This bill would require that if federal gun laws such as the National Firearms Act (1934), Gun Control Act (1968), or the Firearm Owner’s Protection Act (1986) are repealed by Congress or deemed unconstitutional by a court, West Virginia law automatically protects people’s right to own and use guns without restrictions being placed despite federal law restrictions.
This bill would prevent state agencies or local government from enforcing or funding any firearm regulations that reflect federal gun laws that have been repealed or ruled unconstitutional.
State and local officials would be prohibited from replacing former federal firearm restrictions with new state or local rules.
Senator Eric J. Tarr (R – Putnam, 04) proposed a conceptual amendment to remove language in the bill referencing a “cause of action”, citing concerns that it could expose West Virginia taxpayers to legal liability and increased litigation costs.
Opposing members of the body argued that the cause of action serves as the bill’s enforcement mechanism, allowing individuals to protect their constitutional rights if infringed upon by the federal government.
Following the discussion, the Senator’s amendment was rejected.
The bill was reported to the full Senate with a recommendation of passage.
Senate Bill 473 would create felony penalties for criminal threats made through electronic devices.
This bill would change current law by making it a felony instead of a misdemeanor for using phones, tablets, computers, gaming devices, or other electronic devices to harass, threaten, or intimidate individuals, especially when those threats involve violence.
Violent threats made through an electronic device must cause one of the following to happen for it to be a felony:
- An evacuation of any building, place of assembly, or facility of public transportation
- Serious public fear, panic, or disruption
- Or is made with reckless disregard for the risk of causing serious public harm or inconvenience.
The individual would be guilty of a felony and serve 2-10 years in a state correctional facility.
Senator Ryan Weld (R – Brooke, 01) proposed an amendment to the language of the bill, adding the term “with the intent” to the legislation, to acknowledge that if an individual makes a threat, they must have the intention to do harm as well.
The amended section would read:
“Any person who uses a computer, mobile phone, personal digital assistant, gaming device, or other electronic communication device with the intent to threaten to commit any crimes of violence against another person or persons.”
The Senator’s amendment was adopted.
The bill, as amended, was reported to the full Senate with a recommendation of passage.
