Bills Probably Dead
The deadline for bills to pass from their house of
origin (crossover) is February 27. To make this deadline, most bills
must have their first reading in their house of origin no later than
February 25. The classification of a bill as "probably
dead"
is subject to change.
|
Bill
|
Status
|
HB
2093
Allows family court judges
to
carry concealed weapons without a license.
This bill grants family
court
judges the same privilege as the law
already grants to circuit court judges.
Former Status: Neutral
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB
2127
Allows magistrate court
judges
to carry concealed weapons without a
license.
This bill grants
magistrates
the same privilege as the law already
grants to circuit court judges.
Former Status: Neutral
|
01/09/08
-
Introduced
01/0908 - To House
Judiciary Committee |
HB
2264
Castle Doctrine
Codifies the legal standards for self-defense in both criminal and
civil cases. This bill would provide complete immunity from civil
liability
for individuals who justifiably use force in self-defense and
award attorney's fees to defendants who prevail in a civil case based
on self-defense.
This bill is the
best of several different versions of Castle Doctrine
legislation that have been introduced.
Former Status: Strongly
Support
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB
2363
Concealed handgun license
exemption for mental hygiene commissioners.
Authorizes mental hygiene commissioners to carry concealed weapons
without a CHL.
Former Status: Neutral
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB 2375
One handgun per month
purchase
limit.
This bill would prohibit any private citizen from purchasing more than
one handgun in any 30-day period.
This bill is a perennial proposal of one of the few openly anti-gun
members of the Legislature, Delegate John Doyle, D-Jefferson.
This proposal has never passed out of committee and WVCDL does not
expect otherwise this year. However, if, for some strange reason,
this bill moves, we will fiercely oppose it.
WVCDL will be going on the offensive on this issue by seeking a
stronger state preemption law that will include preemption of
Charleston's one handgun per month purchase limit ordinance, which was
grandfathered into our current law.
Former Status: Strongly
Oppose
Another
legislative victory for West Virginia gun owners!
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 2514
Concealed handgun license
training requirements.
Waiving the requirement that a training course in handling and firing
handguns must be completed prior to the issuance of a concealed weapons
permit for veterans who served during a period of armed conflict
Although WVCDL supports restructuring the CHL training requirements to
allow proof of military service to suffice, we believe the wording of
the bill needs to be completely changed to ensure this bill does not
inadvertently cause West Virginia to lose the opportunity to establish
reciprocity with states whose reciprocity laws factor the training
requirements of a potential reciprocal state.
Former Status: Neutral
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB 2564
Castle Doctrine
Similar to other Castle Doctrine bills.
Former Status: Support
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB 2700
Allows magistrate court
judges
to carry concealed weapons without a
license.
Duplicate of HB 2127.
Former Status: Neutral
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB 2734
Castle Doctrine
Similar to other Castle Doctrine-related legislation.
Former Status: Support
|
01/09/08
-
Introduced
01/09/08 - To House
Judiciary Committee |
HB 3179
Unlawful possession of
weapons by minors
Amends procedural provisions under the juvenile justice law for minors
who illegally possess weapons in violation of existing state law.
This bill would require a juvenile 14-17 years of age charged with
unlawful possession of weapon by a minor to be tried as an
adult. After careful review, WVCDL has decided to oppose
this bill in its current form because we believe the court should have
discretion to determine whether the juvenile merits trial as an adult.
Former Status: Oppose
Another
legislative victory for West Virginia gun owners!
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 4020
Transmission of certain
state mental health records to NICS
This bill creates
an exemption from the statute sealing certain state mental health
records to allow records concerning individuals who have been
involuntarily committed to a state mental hospital or found incompetent
to stand trial to be transmitted to the National Instant Criminal
Background Check System (NICS) for the purpose of identifying those two
classes of individuals as being prohibited from possessing a firearm
under state & federal law by reason of having been adjudicated as a
mentally defective or involuntarily committed to a mental institution.
This bill is part of the
Governor's legislative agenda.
Former Status:
Neutral
|
01/10/08
-
Introduced
01/10/08 - To House
Health and Human Resources Committee, then House
Judiciary Committee
01/15/08 - Do pass, but first to Judiciary
01/15/08 - To House
Judiciary Committee |
HB 4026
CHL Information Privacy
This bill prohibits disclosure of names, addresses and other
personally-identifying information of persons licensed to carry
concealed handguns.
Former Status:
Strongly
Support |
01/10/08
-
Introduced
01/10/08 - To House
Judiciary Committee
02/18/08 - Do pass
02/19/08 - From House Calendar, 1st reading, placed on Special Calendar
02/19/08 - Read 1st time
02/20/08 - On 2nd reading, Special Calendar
02/20/08 - Read 2nd time
02/28/08 - From Special Calendar, 3rd reading, placed on House Calendar
02/29/08 - From House Calendar, 3rd reading, placed on Special Calendar
02/29/08 - Tabled on 3rd reading, Special Calendar
|
HB 4158
Allowing law-enforcement
agencies to sell all unclaimed stolen property at auction and use the
proceeds
Former Status:
Neutral
|
01/24/08
-
Introduced
01/24/08 - To House
Judiciary Committee |
HB
4257
Authorizing Lottery Commission promulgate legislative rule relating to
racetrack table games
This bill gives legislative approval to proposed rules of the Lottery
Commission that would, among other things, deny track and casino
workers and patrons the right to self-defense by prohibiting all weapon
inside casinos. The objectionable part of the proposed
legislative rule is C.S.R. §
179-8-3.11.a, which may be found by clicking here
and going to pages 16 and 17. WVCDL insists that sections 2.65 (which
defines weapon for the purposes of the rule) and 3.11.a of the rule be
stricken.
Consolidated into SB 417.
Former Status: Strongly
Oppose
|
01/25/08
- Introduced
01/25/08 - To House
Finance Committee, then House
Judiciary Committee
02/18/08 - With amendment, do pass, but first to Judiciary
02/18/08 - To House
Judiciary Committee |
HB
4285
Requiring prosecutors or
assistant prosecutors that desire to carry a concealed weapon to
undergo annual training
WVCDL strongly supports establishing the required training programs to
enable all qualifying law-enforcement officers and qualified retired
law-enforcement officers to be able to carry concealed firearms
nationwide under LEOSA. However, the current language of this
bill would deprive prosecuting attorneys and their assistants of their
current privilege under state law to carry concealed weapons without a
license if they do not qualify under LEOSA. WVCDL would strongly
support this bill if it is clarified to establish the LEOSA
certification program for prosecutors who want to carry in other states
without depriving prosecutors of their current privilege under West
Virginia law.
Former Status: Oppose
Another
legislative victory for West Virginia gun owners!
|
01/25/08
- Introduced
01/25/08 - To House
Judiciary Committee |
HB
4338
Relating to the discharging of firearms within a certain distance of a
dwelling house
Establishes permitting system to allow certain individuals to discharge
firearms within 500 feet of their own homes.
Former Status: Support
|
01/30/08
-
Introduced
01/30/08 - To House
Agriculture and Natural Resources Committee, then House
Judiciary Committee |
HB
4391
Allowing magistrates and family court judges to carry concealed weapons
on courthouse property
This bill exempts magistrates and family court judges who have
concealed handgun licenses from the courthouse carry ban. Under
this bill, magistrates and family court judges would no longer have to
get the permission of the chief circuit judge of the county, who
currently has the power to issue exemptions and waivers from the
courthouse carry ban, to carry guns in court. This bill would not
exempt magistrates or family court judges from the requirement ob
obtaining a concealed handgun license to conceal the weapon.
Former Status: Neutral
|
02/04/08
-
Introduced
02/04/08 - To House
Judiciary Committee |
HB
4443
Creating the offense of carrying, using or possessing a firearm or
other destructive device during the commission of a drug related crime
This bill adopts provisions mirroring existing federal laws punishing
the possession or use of firearms by drug dealers.
Former Status: Neutral
|
02/06/08
-
Introduced
02/06/08 - To House
Judiciary Committee |
HB
4683
Concealed handgun
reciprocity reform -- universal recognition
Generally recognizes all other states' licenses or permits to carry
concealed handguns.
Same as SB 228.
This is a WVCDL bill.
Former
Status: Strongly
Support
|
02/18/08
-
Introduced
02/18/08 - To House
Judiciary Committee |
|
|
SB 31
Castle Doctrine
See HB 2264.
Former Status: Strongly
Support
|
01/09/08
-
Introduced
01/09/08 - Referred to Senate
Judiciary Committee |
SB 118
Castle Doctrine -- Civil
Liability
This bill increases protections from civil liability for the lawful use
of force in self-defense.
Former Status: Neutral
|
01/09/08
-
Introduced
01/09/08 - Referred to Senate
Judiciary Committee |
SB 136
State Capitol Carry Ban
Repeal
Repeals the statute prohibiting the possession of deadly
weapons on the State Capitol grounds. The practical effect of
this bill will be to allow people to legally keep guns in cars parked
in
the State Capitol parking lot, as weapons could continue to be banned
in the buildings by posting signs at all entrances absent the stronger
state preemption law we have been seeking.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
01/09/08
-
Introduced
01/09/08 - Referred to the Senate
Judiciary Committee |
SB 152
Law-Enforcement Officer
Firearm Certification
Provides active and retired law-enforcement officers access to the
required training and certification to carry concealed firearms
nationwide pursuant to the federal Law-Enforcement Officer Safety Act
of 2004. . LEOSA permits qualified law-enforcement officers,
whether on or off duty, and qualified retired law-enforcement officers
who undergo annual training and certification to carry concealed
firearms nationwide notwithstanding state or local laws.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
01/10/08
-
Introduced
01/10/08 - Referred to Senate
Judiciary Committee
02/20/08 - Reported do pass
02/21/08 - On 1st reading
02/21/08 - Read 1st time
02/22/08 - On 2nd reading
02/22/08 - Read 2nd time
02/25/08 - On 3rd reading
02/25/08 - Read 3rd time
02/25/08 - Passed Senate (Roll No. 2)
02/25/08 - Effective from passage (Roll No. 2)
02/25/08 - Ordered to House
02/26/08 - Introduced in House
02/26/08 - To House
Judiciary Committee |
SB 178
Relating to concealed
handgun licenses generally
Establishes a procedure for issuing nonresident concealed handgun
licenses and removes Social Security numbers from licenses and
applications. This was a carryover of a WVCDL-authored bill
introduced last year. We have decided to incorporate this bill
into a broader reform of the concealed handgun licensing statute.
This is a WVCDL bill.
Former
Status: Neutral
|
01/10/08
-
Introduced
01/10/08 - Referred to Senate
Judiciary Committee |
SB 188
Requiring retired
law-enforcement officers to recertify firearm license
This bill requires retired law-enforcement officers to periodically
requalify with a firearm to keep or renew a concealed handgun license.
After consulting with this bill's sponsor, WVCDL has found that the
sponsor introduced this bill at a constituent's request to provide a
means for retired law-enforcement officers from an agency in another
state who live in West Virginia to qualify to carry concealed firearms
nationwide under the federal Law Enforcement Officers Safety Act of
2004, 18
U.S.C. § 926C. We are working with
this bill's sponsor to craft better language that does not create any
new requirements to obtain or renew a standard concealed handgun
license and will seek to do so through WVCDL-authored SB 152 with an
amendment that addresses this one shortcoming in SB 152.
Therefore, WVCDL is neutral on SB 188 for now.
Former Status: Neutral
|
01/10/08
-
Introduced
01/10/08 - Referred to Senate
Judiciary Committee |
SB
228
Concealed handgun reciprocity reform -- universal recognition
Generally recognizes all other states' licenses or permits to carry
concealed handguns.
This is a WVCDL bill.
Former
Status: Strongly
Support
|
01/16/08
-
Introduced
01/16/08 - Referred to Senate
Interstate Cooperation Committee then Senate
Judiciary Committee |
SB
230
Concealed handgun licenses
As introduced, this bill reduces the fees for concealed handgun
licenses
from $90 to
$50 for each 5-year license.
The current version of this bill makes minor changes to the reciprocity
law and removes licensees' Social Security numbers from the face of the
license.
The introduced version of this bill was a
WVCDL bill.
Former
Status: Strongly
Support |
01/16/08
-
Introduced
01/16/08 - Referred to Senate
Judiciary Committee then Senate
Finance Committee
02/21/08 - Committee substitute reported, but first to Finance
02/21/08 - Unanimous consent
02/21/08 - Immediate consideration
02/21/08 - On 1st reading
02/21/08 - Read 1st time
02/21/08 - Unanimous consent
02/21/08 - 2nd reference dispensed
02/22/08 - On 2nd reading
02/22/08 - Read 2nd time
02/25/08 - On 3rd reading with right to amend
02/25/08 - Read 3rd time
02/25/08 - Passed Senate (Roll No. 6)
02/25/08 - Effective from passage (Roll No. 6)
02/25/08 - Ordered to House
02/26/08 - Introduced in House
02/26/08 - To House
Judiciary Committee
|
SB
252
Firearm Straw
Purchases
Prohibits the purchase of firearms from licensed firearm dealers with
the
intent of reselling to a person prohibited from possessing firearms or
with the intent of unlawfully transferring the firearm across state
lines. This bill mirrors federal law, existing Virginia state
laws, including a similar bill
enacted last year by the Virginia General Assembly.
This bill has been designed to provide state level jurisdiction in West
Virginia to prosecute straw purchasers and, like Virginia's 2007 law,
is intended to block the unlawful efforts
of New York City Mayor Mike Bloomberg to dispatch investigators to gun
dealers in gun owner-friendly states in his efforts to snare gun
dealers in costly litigation with the hopes of acquiring access to
private records of legal gun purchases and indirectly imposing New
York-style gun control via litigation.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
01/18/08
-
Introduced
01/18/08 - Referred to Senate
Judiciary Committee |
SB
255
Absolving landowner's liability for hunter's injuries
This bill encourages private landowners to allow hunting and fishing on
their property by absolving the landowner, tenant or agent of the
landowner from any civil liability for injuries to any persons hunting,
trapping or fishing on the landowner's land with or without written
permission.
Former Status: Strongly
Support
|
01/18/08
-
Introduced
01/18/08 - Referred to Senate
Natural Resources Committee, then Senate
Judiciary Committee |
SB
285
Relating to State Police Retirement System
This bill would raise the fee for a concealed handgun license from $90
to $120.
Original same as original HB 4471.
Former Status: Strongly
Oppose
Another
legislative victory for West Virginia gun owners!
|
01/21/08
- Introduced in Senate
01/21/08 - To Senate
Pensions Committee, then Senate
Finance Committee
02/07/08 - Committee substitute reported, but first to Senate
Finance Committee
02/07/08 - To Senate
Finance Committee |
SB
319
Clarifying the regulation of firearms under the hunting statutes
This bill clarifies
several contradictory and confusing
provisions of West Virginia’s hunting laws that regulate where, when,
and how
firearms may be legally carried. This bill clarifies the legality of
carrying handguns, either openly or concealed, as it relates to hunting
regulations, and exempts 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.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
01/23/08
-
Introduced
01/23/08 - Referred to Senate
Judiciary Committee |
SB 458
Authorizing Lottery
Commission promulgate legislative rule relating to racetrack table games
Same as HB 4257.
Consolidated into SB 417.
Former Status: Strongly
Oppose
Another
legislative victory for West Virginia gun owners!
|
01/25/08
- Introduced
01/25/08 - Referred to Senate
Finance Committee then Senate
Judiciary Committee
01/25/08 - To Finance
02/15/08 - Reported do pass, with amendment, but first to Judiciary
02/15/08 - To Judiciary |
SB 515
Absolving landowner's
liability for hunter's injuries
Similar to SB 255.
Former Status: Strongly
Support
|
01/31/08
-
Introduced
01/3108 - Referred to Senate
Natural Resources Committee, then Senate
Judiciary Committee |
SB 664
Exempting family court
judges and magistrates from concealed weapon licensing requirements
This bill grants magistrates and family
court
judges the same privilege as the law
already grants to circuit court judges.
Former Status: Neutral
|
02/14/08
-
Introduced
02/14/08 - Referred to Senate
Judiciary Committee |
SB
677
Modifying certain firearm use restrictions
The introduced version of this bill would have allowed the shooting and
discharging firearms within 500
feet of any dwelling house, if written consent by all residents within
five hundred feet is obtained and on or near any park or other place
where persons gather for purposes of pleasure in an established
shooting range.
The current version of this bill allows a person to discharge a firearm
within 500 feet of his or her own home if he or she is not otherwise
within a no-discharge zone.
Former Status: Support
|
02/15/08
-
Introduced
02/15/08 - Referred to Senate
Judiciary Committee
02/25/08 - Committee substitute reported
02/25/08 - Unanimous consent
02/25/08 - Immediate consideration
02/25/08 - On 1st reading
02/25/08 - Read 1st time
02/26/08 - On 2nd reading
02/26/08 - Read 2nd time
02/27/08 - On 3rd reading
02/27/08 - Read 3rd time
02/27/08 - Passed Senate (Roll No. 29)
02/27/08 - Ordered to House
02/28/08 - Introduced in House
02/28/08 - To House
Judiciary Committee
|
SB
713
Castle Doctrine
Similar to other Castle Doctrine-related bills.
Former Status: Neutral
|
02/18/08
-
Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB
728
Prohibiting seizure of lawfully owned firearms during state of emergency
This bill clarifies and strengthens language of the Emergency powers
Protection Act designed to prevent the denial of the right to keep and
bear arms under the guise of emergency management.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
02/18/08
-
Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB
730
Eliminating obsolete weapons' licensing statutory language
This bill makes purely technical corrections to several code sections
that contain outdated language referring to licenses to carry deadly
weapons issued under West Virginia's old, highly-restrictive "may
issue" license to carry law, that was declared unconstitutional in State
ex rel.
City of Princeton v. Buckner, 180 W.Va. 457, 377 S.E.2d 139
(1988), and subsequently repealed and replaced with no requirement of a
license for open carry and a shall-issue law for licenses to carry
concealed.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
02/18/08
-
Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB 732
State preemption
improvement
Updates and
improves the state preemption
law. This is a greatly needed bill to
close loopholes in our existing county & municipal preemption bill
as well
as preempt state administrative actions that infringe on our
rights. This bill will nullify the unlicensed open
carry bans in
Charleston & Dunbar, nullify Charleston’s one handgun per month
purchase
limit, and bar the posting of “no guns allowed” signs in state and
local
government owned buildings where guns are not otherwise prohibited by
law
except when the authority operating the building establishes certain
security
measures, including mandatory metal detector screenings of all visitors
to the
restricted area, and provides for secure weapon storage on site.
State law prohibits carrying weapons in or on
the premises of correctional facilities and primary & secondary
schools as
well as inside courthouses.
WVCDL
strongly believes firearm regulations should be uniform statewide and
that
public buildings should not be criminal protection zones. Again,
to accommodate security-sensitive
events, this bill allows weapons to be banned in public buildings when
the security
measures specified above are taken and legally armed visitors are
provided
secure storage for their weapons while visiting.
This
is a WVCDL bill.
Former Status:
Strongly
Support
|
02/18/08
-
Introduced
02/18/08 - Referred to Senate
Government Organization Committee, then to Senate
Judiciary Committee |
SCR 54
Urging Secretary of
Interior to cause National Park Service and Fish and Wildlife Service
to amend certain firearm regulations
This resolution puts the Legislature on record in
support of proposals to allow visitors to national parks and national
wildlife refuges to legally carry firearms in accordance with state
law. Current National Park Service and Fish and Wildlife Service
regulations generally prohibit the possession of operational, loaded
firearms on NPS and FWS property.
This is a WVCDL-authored resolution.
|
02/20/08
- Introduced in Senate
02/21/08 - On Unfinished Business
02/21/08 - Referred to Senate
Natural Resources Committee |