West Virginia Citizens Defense League, Inc.

PO Box 783 • Morgantown, WV 26507-0783

2008 Legislative Session Review

The West Virginia Legislature's 2008 regular session adjourned March 8.  To view the status and WVCDL's position on all gun-related bills that were introduced, visit the WVCDL Legislative Tracking Service.

WVCDL Stops Casino Carry Ban

Last year, the Lottery Commission proposed legislative rules for racetrack table games that would, among other things, deny track and casino workers and patrons the right to self-defense by prohibiting all weapons inside casinos.  The objectionable part of the proposed legislative rule was subsection 3.11 of 179 CSR 8, which may be found by clicking here and going to pages 16 and 17, and accompanying subsection 2.65, which provided a definition for weapon used in subsection 3.11.

During this legislative session, Senate Bill 458, which was incorporated by the Senate Judiciary Committee into Senate Bill 417, the Department of Revenue omnibus rules bill, would have approved these rules. WVCDL opposed the insisted that subsections 2.65 (which defines weapon for the purposes of the rule) and 3.11.a of the rule be stricken.

WVCDL requested and attended a public hearing of the House Judiciary Committee on SB 417 on Tuesday, March 4, 2008, and spoke against the proposed casino carry ban. Thanks to our work, the House Judiciary Committee passed SB 417 with an amendment to eliminate the casino carry ban language from the rules; this amendment was adopted by the House and the Senate concurred with this amendment.

  • Click here for the unedited audio of the entire hearing.
  • Click here to hear Delegate Clif Moore, D-McDowell, question WVCDL Vice President Keith Morgan.
  • Click here to hear WVCDL President Jim Mullins v. Delegate Moore and follow-up questions by Delegate Patrick Lane, R-Kanawha.

All audio files will open more quickly if you copy the link and open each file in your media player.

WVCDL Stops Massive Concealed Handgun License Fee Increase

During the 2008 legislative session, two bills, House Bill 4471 and Senate Bill 285, were introduced to reform State Police pensions.  These identical bills included an array of fee increases--including a $30 surcharge on all concealed handgun licenses, which would have raised the fee for every license from $90 to $120.

Among our surrounding states, fees range from a low of $25 in Pennsylvania to a high of $60 in Kentucky, with Virginia and Ohio in the middle at $50 maximum (lower fees may be charged by individual cities and counties) and $55, respectively (Maryland is not a shall-issue state and is thus excluded from this comparison).  Like West Virginia, all of our shall-issue neighbors issue their licenses for terms of 5 years.

This proposed fee increase was totally unacceptable.  WVCDL contacted all members of the House Finance Committee, where HB 4471 was pending, and the Senate Finance Committee, where SB 285 was pending, to urge them to remove the CHL fee increases from the bills.  Thanks to our work, the House Finance Committee passed HB 4471 with an amendment that remove all fee increases contained in the bill, including the CHL fee increase.  SB 285 died without action in the Senate Finance Committee.

Although other amendments were adopted, HB 4471 ultimately passed without a CHL fee increase.

WVCDL Bills

Several bills were introduced at WVCDL's request to protect and expand our right to keep and bear arms.  However, none of these bills passed. Among these bills:

  • Senate Bill 136 would have repealed the State Capitol carry ban. SB 136 was sponsored by Senators Dave Sypolt, R-Preston, and Shirley Love, D-Fayette, and has been referred to the Senate Judiciary Committee.
  • Senate Bill 228 and House Bill 4683 would have granted universal recognition to every other state's licenses/permits similar to existing universal recognition laws in Michigan, Indiana, Kentucky, Tennessee, Missouri, Oklahoma, South Dakota, Idaho, Utah, Arizona, and Alaska. Passage of this bill would have nearly tripled the number of states with which West Virginia has full reciprocity. SB 228 was sponsored by Senators Clark Barnes, R-Randolph, John Yoder, R-Jefferson, and Shirley Love, D-Fayette, and was referred to the Senate Interstate Cooperation Committee followed by the Senate Judiciary Committee.  HB 4683 was sponsored by Delegates John Overington, R-Berkeley, Troy Andes, R-Putnam, Patrick Lane, R-Kanawha, Craig Blair, R-Berkeley, Jonathan Miller, R-Berkeley, Kelli Sobonya, R-Cabell, Larry Barker, D-Boone, Dale Martin, D-Putnam, Doug Stalnaker, D-Lewis, Stan Shaver, D-Preston, and Larry Border, R-Wood, and was referred to the House Judiciary Committee.
  • Senate Bill 230 would have reduced concealed handgun license fees from $90 to $50 for each 5-year license. SB 230 was sponsored by Senator Clark Barnes, R-Randolph, and was referred to the Senate Judiciary Committee followed by the Senate Finance Committee.
  • Senate Bill 252 would have prohibited so-called "straw purchases" of firearms under state law.  This bill was designed to thwart efforts by New York City Mayor Mike Bloomberg to entrap licensed gun dealers in lawsuits that force these dealers to choose between the prospect of bankruptcy and loss of their business to pay the costs of fighting these lawsuits or entering into a settlement that allows Bloomberg full access to their records, including all records of our legal firearm purchases, and was based on a similar law enacted last year in Virginia.  SB 252 was sponsored by Senators Clark Barnes, R-Randolph, John Yoder, R-Jefferson, Billy Wayne Bailey, D-Wyoming, Shirley Love, D-Fayette, John Pat Fanning, D-McDowell, and Dave Sypolt, R-Preston, and was referred to the Senate Judiciary Committee.
  • Senate Bill 319 would have clarified several contradictory and confusing provisions of West Virginia’s hunting laws that regulate where, when, and how firearms may be legally carried. This bill would have clarified the legality of carrying handguns, either openly or concealed, as it relates to hunting regulations, and exempted individuals licensed to carry concealed handguns from certain regulations on the manner in which rifles and shotguns must be transported in vehicles or the woods.  For more background information on this bill, see the summary of the bill here.  SB 319 was sponsored by Senators Clark Barnes, R-Randolph, Shirley Love, D-Fayette, and Dave Sypolt, R-Preston, and was referred to the Senate Judiciary Committee.
  • Senate Bill 732 was a comprehensive state preemption law that fully preempts ordinances, rules, administrative actions, and any other official government action restricting our right to keep and bear arms in a lawful manner. The existing state preemption law has several major shortcomings: (1) municipal ordinances passed prior to 1999 are grandfathered and (2) there is no preemption on administrative rules of executive branch agencies.  Among other things, this bill would have nullified rules at state institutions of higher education prohibiting weapons on campus (which are, in effect, only enforceable against students, faculty, and staff through internal disciplinary processes). SB 732 was sponsored by Senator Vic Sprouse, R-Kanawha, and was referred to the Senate Government Organization Committee, followed by the Senate Judiciary Committee.


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