This bill immediately prohibits a person from possessing firearms and authorizes the immediate confiscation of firearms upon the issuance of any type of domestic violence protective order, before that person has had an opportunity for a hearing in court in which he or she can present his/her side of the case and defend against false allegations. This bill violates a person's right to due process and will result in lying, manipulative individuals abusing the system to have a person's guns taken away by imposing firearm disabilities before that person has his or her day in court. The current law is modeled on federal law (18 U.S.C. ยง 922(g)(8)), which while imperfect, at least gives everyone their day in court before a protective order results in firearm disabilities.

For more info, see
WVCDL's February 10, 2010, legislative update.