Newly enacted legislation in 2021 prohibits courts from issuing Extreme Risk Protections Orders, known as “red flag” laws in West Virginia, that temporarily suspend a person’s eligibility to access firearms that the person is otherwise legally eligible to possess under state law in West Virginia.1 This law also seeks to generally prevent police departments, agencies, and officers of the state from enforcing such orders against someone who is otherwise eligible to possess firearms under West Virginia’s weak gun safety laws.2
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- W. Va. Code §§ 61-7B-6; 61-7B-3 (defining “red flag law”).
- W. Va. Code § 61-7B-5(c).