West Virginia Firearm Local Preemption Law

W. Va. Code 8-12-5a prohibits municipalities and counties from enacting ordinances, rules, or regulations relating to the purchase, possession, transfer, ownership, carrying, transport, sale, or storage of firearms, ammunition, or related accessories. Limited exceptions allow regulation in municipal recreation facilities and certain government buildings. The statute expressly authorizes lawsuits against localities that violate preemption, with attorney fees recoverable by the prevailing party. State law thus controls most aspects of firearm regulation throughout West Virginia.

A locality enacting a preempted ordinance may be sued and ordered to pay attorney fees and damages to a person adversely affected.