H. B. 2427
          (By Delegates Howell, Ireland, Storch, Hamilton, Rowan,
 and Kump)
          [Introduced February 13, 2013; referred to the
          Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
 adding thereto a new article, designated §47-26-1,  relating
 to regulation of firearms, firearms accessories and
 ammunition.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended
 by adding thereto a new article, designated §47-26-1, to read as
 follows:
ARTICLE 26.  WEST VIRGINIA FIREARMS FREEDOM ACT.
§47-26-1.  Exemption of firearms, a firearm accessory or ammunition
 manufactured and retained in West Virginia, from
 federal regulation under the Commerce Clause of the
 Constitution of the United States.
_____(a) Short title. -- This article may be cited as the "West
 Virginia Firearms Freedom Act".
_____(b) Legislative declarations of authority. -- The Legislature declares that the authority for this section is as follows:
_____(1) The tenth amendment to the United States Constitution
 guarantees to the states and their people all powers not granted to
 the federal government elsewhere in the Constitution and reserves
 to the state and people of West Virginia certain powers as they
 were understood at the time that West Virginia was admitted to
 statehood in 1863.  The guaranty of those powers is a matter of
 contract between the state and people of West Virginia and the
 United States as of the time that the compact with the United
 States was agreed upon and adopted by West Virginia and the United
 States in 1863._____
_____(2) The ninth amendment to the United States Constitution
 guarantees to the people rights not granted in the Constitution and
 reserves to the people of West Virginia certain rights as they were
 understood at the time that West Virginia was admitted to statehood
 in 1863.  The guaranty of those rights is a matter of contract
 between the state and people of West Virginia and the United States
 as of the time that the compact with the United States was agreed
 upon and adopted by West Virginia and the United States in 1863.
_____(3) The regulation of intrastate commerce is vested in the
 states under the ninth and tenth amendments to the United States
 Constitution.
_____(4) Article I, section two, of the West Virginia Constitution,
 states that "the government of the United States is a government of enumerated powers, and all powers not delegated to it, nor
 inhibited to the states, are reserved to the states or to the
 people thereof."  Specifically enumerated among those "powers so
 reserved to the states is the exclusive regulation of their own
 internal government and police; and it is the high and solemn duty
 of the several departments of government, created by this
 Constitution, to guard and protect the people of this state from
 all encroachments upon the rights so reserved."
_____(5) The second amendment to the United States Constitution
 reserves to the people the right to keep and bear arms as that
 right was understood at the time that West Virginia was admitted to
 statehood in 1863, and the guaranty of the right is a matter of
 contract between the state and people of West Virginia and the
 United States as of the time that the compact with the United
 States was agreed upon and adopted by West Virginia and the United
 States in 1863.
_____(6) Article III, section twenty-two, of the West Virginia
 Constitution clearly secures to West Virginia citizens, and
 prohibits government interference with, the right of individual
 West Virginia citizens to keep and bear arms.
_____(c) Definitions. -- As used in this chapter, the following
 definitions apply:
_____(1) "Borders of West Virginia" means the boundaries of West
 Virginia described in Article II, section one, of the 1872 West Virginia Constitution.
_____(2) "Firearms accessories" means items that are used in
 conjunction with or mounted upon a firearm but are not essential to
 the basic function of a firearm, including, but not limited to,
 telescopic or laser sights, magazines, flash or sound suppressors,
 folding or aftermarket stocks and grips, speedloaders, ammunition
 carriers, and lights for target illumination.
_____(3) "Generic and insignificant parts" includes, but is not
 limited to, springs, screws, nuts and pins.
_____(4) "Manufactured" means that a firearm, a firearm accessory,
 or ammunition has been created from basic materials for functional
 usefulness, including, but not limited to, forging, casting,
 machining, or other processes for working materials; or assembled
 into a complete functional device from component parts.
_____(d) Prohibitions. -- A personal firearm, a firearm accessory,
 or ammunition that is manufactured commercially or privately in
 West Virginia and that remains within the borders of West Virginia
 is not subject to federal law or federal regulation, including
 registration, under the authority of Congress to regulate
 interstate commerce.  It is declared by the Legislature that those
 items have not traveled in interstate commerce. This section
 applies to a firearm, a firearm accessory, or ammunition that is
 manufactured in West Virginia from basic materials and that can be
 manufactured without the inclusion of any significant parts imported from another state.  Generic and insignificant parts that
 have other manufacturing or consumer product applications are not
 firearms, firearms accessories, or ammunition, and their
 importation into West Virginia and incorporation into a firearm, a
 firearm accessory, or ammunition manufactured in West Virginia does
 not subject the firearm, firearm accessory, or ammunition to
 federal regulation.  It is declared by the Legislature that basic
 materials, such as unmachined steel and unshaped wood, are not
 firearms, firearms accessories, or ammunition and are not subject
 to congressional authority to regulate firearms, firearms
 accessories, and ammunition under interstate commerce as if they
 were actually firearms, firearms accessories, or ammunition.  The
 authority of Congress to regulate interstate commerce in basic
 materials does not include authority to regulate firearms, firearms
 accessories, and ammunition made in West Virginia from those
 materials.  Firearms accessories that are imported into West
 Virginia from another state and that are subject to federal
 regulation as being in interstate commerce do not subject a firearm
 to federal regulation under interstate commerce because they are
 attached to or used in conjunction with a firearm in West Virginia.
_____(e) Exceptions. -- Section (d) does not apply to:
_____(1) A firearm that cannot be carried and used by one person;
_____(2) A firearm that has a bore diameter greater than one and
 one-half inches and that uses smokeless powder, not black powder, as a propellant;
_____(3) Ammunition with a projectile that explodes using an
 explosion of chemical energy after the projectile leaves the
 firearm; or
_____(4) Excepting shotguns, a firearm that discharges two or more
 projectiles with one activation of the trigger or other firing
 device.
_____(f) Marketing of firearms. -- A firearm manufactured in West
 Virginia under the provisions of this section must have the words
 "Made in West Virginia" clearly stamped on a central metallic part,
 such as the receiver or frame.
_____
     NOTE:  The purpose of this bill is to exempt firearms,
 firearms accessories and ammunition from federal regulation if it
 is sold and maintained in the State of West Virginia.
     
     This article is new; therefore, it has been completely
 underscored.