WVCDL Bills
Please note:
the
bills on this page were updated at 7:30 PM, Wednesday, February 6,
2008. If you have previously viewed or downloaded one of these
files, please obtain the new version.
The WVCDL is
seeking
to enact the
following bills during the 2008 session of the West Virginia
legislature:
- Our top
priority:
Improve
the concealed carry reciprocity
law by granting universal recognition to all other
states'
licenses/permits. This bill will allow West Virginia to establish
reciprocity with many states that do not meet the qualifications of the
the 2007 reciprocity reform law, including New Hampshire, Delaware,
Georgia, Alabama, Indiana, Colorado, Idaho, and North Dakota.
Other states may be added to this list as the implementation of 2007 HB
3074 continues.
Michigan, Indiana, Kentucky,
Tennessee, Missouri, Oklahoma, South Dakota, Idaho, Utah, Arizona, and
Alaska all unconditionally and unilaterally recognize all other states’
licenses/permits.
Introduced
in 2008 as SB
228 and HB
4683.
- Generally revise
and improve the concealed carry law.
This bill makes wide-ranging improvements in the concealed carry law,
including:
- Improve the concealed carry reciprocity law.
This bill fully incorporates our standalone reciprocity reform proposal
that has been previously introduced as SB 228 and HB 4683.
- Restore concealed
handgun licenses to concealed weapon licenses.
Repeals a 2000 amendment to
the concealed weapon licensing law that
limited concealed weapon licenses to handguns only. This language
was necessary at the time to secure reciprocity with Virginia, whose
reciprocity law limited reciprocity to handgun-only licenses
(Virginia's reciprocity law was reformed in 2004 to eliminate this
problem). Although most states issue handgun-only licenses (no
other types of weapons), their reciprocity laws accommodate states that
issue broader licenses by recognizing concealed weapon licenses only
for the purpose of concealed handguns. Among the states that
issue concealed weapon (and not handgun-only) licenses are Arizona,
Delaware, Florida, Idaho, Kentucky, Montana, and North Dakota. This
bill will not affect
West Virginia's reciprocity with any state, but West Virginia licensees
would remain subject to applicable laws when carrying in other states,
including restrictions on the type of weapon and where weapons may be
carried.
- Background check improvements:
This bill
would
allow licensees to purchase firearms from a
federally-licensed gun dealer without a separate background check at
the time of each purchase ( click here
for list of states that already qualify) and would also expand the
number of states under whose laws West Virginia would qualify for
reciprocity. Passage of this bill would
likely qualify West Virginia for reciprocity with Minnesota.
Standalone
bill introduced in 2007 as SB
716.
- Remove
Social Security numbers from concealed weapon licenses
and protect the privacy of CWL holders:
This bill would bring
West Virginia into compliance with Section 7(b) of the Privacy Act of
1974, 5
U.S.C.
§ 552a note (Section 7 of the Privacy Act is not codified
within the U.S. Code but is printed in the notes that follow §
552a near the end of the page), by eliminating the statutory
requirement that CWL applicants
disclose their Social Security numbers, which is prohibited by federal
law. See, e.g., Stollenwerk v.
Miller,
2006 WL 463393 (E.D. Pa. 2006) (Pennsylvania statute requiring persons
to disclose Social Security number to buy a firearm or or obtain a
license to carry firearms violates Section 7 of the Privacy Act; state
police and local police agencies must provide Section 7(b) Privacy Act
SSN privacy warning whenever eliciting SSN); see generally, Public
comment by OpenCarry.org for NSP Public Hearing on 18 September 2006.
This bill also eliminates CWL
holders' exposure
to identity theft by removing our Social Security numbers from the
licenses, which are currently one-stop shops for identity thieves with
our full names, home addresses, birthdays, and Social Security
numbers. Finally, this bill would prohibit the public disclosure
of the names or other personally-identifying information of CWL
holders, protecting us from nosy neighbors, stalkers, or publication in
the local newspaper.
- Expand
acceptable forms of training for concealed weapon licenses
to
allow proof of participation in competitive shooting events, current
military service, an honorable discharge from the military, and certain
other forms of proof of training to fulfill
the CWL training requirement. This bill would relieve active members of
the
military, veterans, and former police officers from the burden of
taking a redundant training
course.
- Modify the concealed
weapon license
expiration and renewal cycle:
Instead of issuing
concealed weapon licenses for 5 years, CWLs would
be issued for a period of between 2 and 7 years, expiring on the date
the licensee has a birthday that is evenly divisible by 5 during that
period. Licenses issued to members of the military would be
automatically extended during deployments. License fees will be
prorated. These provisions mirror the expiration and renewal
cycle for driver's licenses ( W.Va.
Code §17B-2-12), will make remembering to renew a CWL on
time easier, and eliminate any administrative burdens some sheriffs
have with widely varying renewal activity at various times.
- Create
nonresident
concealed handgun licenses. Although this issue would seem to be
moot with the passage of a good reciprocity law, some people may
benefit from being able to obtain a nonresident West Virginia license,
such as if they maintain multiple residences or desire a full exemption
from the federal Gun-Free School Zones Act (which, on its face, only
allows an exemption for concealed handgun licenses issued by the state
in which the school is located; this language was enacted before
reciprocity laws became common and many people are concerned about the
prospect of selective enforcement of this statute and believe that only
a license issued by West Virginia
and not just any license issued by a state whose licenses West Virginia state law recognizes
for the purposes of the state concealed weapons statute entitles them
to this exemption). Unlike West Virginia law and most other
states' similar laws, the federal GFSZA extends to not only school
property but a 1,000-foot zone extending in all directions from the
property line.
Standalone
bill introduced
in 2007 as SB
717.
- Clarify vague language pertaining to disqualifications
for mental health or substance abuse reasons to conform to the
specific, uniformly-administered criteria specified in Florida's
licensing law. The existing statutory language gives both
sheriffs and some applicants poor guidance on how these factors are to
be treated.
- Other major changes this bill makes are summarized in the
bill's end notes. Our research indicates that passage of this
bill would enable West Virginia to have the same reciprocity as
Kentucky (click here
for Kentucky State Police Reciprocity site)
- Exempt
concealed handgun license holders from the state gun-free school zones
law.
The federal Gun-Free School
Zones Act ( 18
U.S.C.
§ 922(q)) and state laws in Alabama
(Ala. Code §13A-11-72(e)),
California
(Cal. Penal Code §
626.9(l)), Delaware (Del. Code Title
11, §
1457), New
Hampshire (no state gun-free schools law), Oregon (Ore. Rev. Stat. §
166.370(3)(d)), Rhode Island (R.I. Gen. Law §
11-47-60), and Utah
(Utah Code §§ 76-10-505.5(3)(a)
and 523(2))
give people
licensed to carry concealed weapons a complete exemption from the
prohibitions on carrying weapons on school property. Many other
states have various provisions either allowing licensed individuals to
leave loaded guns in their cars without the need to unload before
entering school grounds (current West Virginia law exempts unloaded
guns in cars for anyone) and/or reducing the penalty for violations of
state laws from a felony to a misdemeanor for licensed individuals.
- Repeal
the State Capitol carry ban.
- Clarify the Courthouse Carry Ban.
This bill will clarify the
existing statute prohibiting the possession of weapon in courthouses to
only apply to the portions of a courthouse used for judicial offices
and not to other offices or to any parking garage, parking lot, or
other area for vehicular travel or parking. This bill also copies
a Pennsylvania law that requires courthouses to provide secure weapon
storage areas for people to legally store their weapons while visiting
a courthouse.
- Strengthen
the
state
preemption law.
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 nullify 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).
Prior
version of this bill introduced
in 2007 as SB
715.
Introduced
in 2008 as SB
732.
- Reduce concealed handgun license
fees
from $90 to $50 for each 5-year license.
Current fees for CHLs in
our surrounding states are $25 in Pennsylvania, $55 in Ohio, $60 in
Kentucky, and $50 in Virginia--all of which also issue for terms of 5
years.
Introduced
in 2008 as SB
230.
- Clarify
certain hunting statutes regulating the manner in which firearms may be
carried.
West Virginia's hunting laws ( W.Va.
Code §20-2-5,
§20-2-6,
§20-2-6a,
§20-2-19a,
§20-2-42l,
and §20-2-46e)
create a confusing system of regulations concerning the manner in which
individuals may carry guns for self-defense purposes when engaging in
outdoor activities. This bill would clarify the legality of
carrying handguns, either openly or concealed, as it relates to hunting
regulations, and exempt 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. These
regulations date back to when West Virginia had a highly restrictive
"may issue" license to carry law that did not distinguish between open
and concealed carry and under which it was virtually impossible for the
average law-abiding citizen to get a license, and thus hunting was the
only reason people could generally carry guns outside their
homes. This statute 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. For an example of the confusion that exists over these
statutes, see the conflicting advice concerning open carry in a vehicle
of
the State
Police
(open carry in a vehicle is legal) and the Division
of Natural Resources
(loaded firearms in vehicles illegal except concealed handguns carried
with
concealed handgun license) and the Supreme Court of Appeals's
decision in State ex rel.
West Virginia Div. of Nat. Resources v.
Cline, 200 W.Va. 101, 110,
488 S.E.2d 376, 385 (1997) ( click here
for majority slip opinion; click here
for Justice Maynard's dissenting slip opinion).
Prior
version of this bill introduced in 2008 as SB
319.
- Provide
all
active and retired West Virginia law-enforcement officers the required
training to qualify under federal law to carry concealed firearms
nationwide.
This bill 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 ( 18
U.S.C.
§ 926B and 18
U.S.C. § 926C). 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. WVCDL has updated this proposal since its introduction as
SB 152.
Prior
version of this bill introduced in
2007 as SB
647.
Prior
version of this bill introduced in 2008 as SB
152.
- Repeal
the limit on the number of cosponsors on bills in the House of Delegates.
House
of Delegates Rule 94 limits House bills to 11 cosponsors
each. In the Senate and most other states' legislative bodies,
any number of members may sign as cosponsors for a bill. The
existing House rule stifles the efforts of grassroots organizations
like WVCDL to move bills through a leadership-dominated committee
system that frustrates citizen activists who have the backing of a
majority of rank-and-file legislators. By repealing this rule and
allowing any number of delegates to cosponsor bills, the leadership
will be compelled to allow movement on bills that have a majority of
the chamber signed as cosponsors and individual members will be held
accountable to their constituents for their support or opposition to
various bills without being able to hide behind the excuse of the
cosponsor cap.
- Allow anyone legally able
to possess a handgun
to carry it in their car's glove box, console or other closed container
without a concealed handgun license.
This law mirrors existing
laws in Arizona, Florida, Georgia, Kentucky,
and South Carolina that allow any adult who may legally possess
firearms to carry a gun in the glove compartment or certain other
closed containers without having to obtain a concealed handgun
license. Additionally, the states of Colorado, Louisiana,
Mississippi, Missouri, Montana, Nevada, New Mexico, Texas, and Wyoming
completely exempt any form of concealed carry inside a vehicle from
their respective licensing requirements. Finally, Alaska and Vermont
require no license for an adult to carry a handgun, either openly or
concealed. See the Traveler's Map at OpenCarry.org for
more info.
Individuals with concealed handgun licenses are not affected by this
bill.
- Regulate
the posting of carry bans imposed by property owners and the
application of carry bans on public property to concealed handgun
license holders.
- Prohibit
straw
purchases of
firearms under state law.
Straw purchases are already
prohibited under federal law but this bill would give the state
jurisdiction to prosecute straw purchasers. This bill is based
on a 2007 Virginia law
promoted by
the Virginia Citizens Defense League (VCDL) to protect Virginia gun
dealers from predatory lawsuits by New York City Mayor Mike
Bloomberg. This bill protects legitimate undercover
law-enforcement operations.
Introduced in 2007 as SB
648.
Introduced in 2008 as SB
252.
- Repeal
obsolete statutory language pertaining to licenses to carry deadly
weapons.
This bill repeals
long-inoperative statutory language
we found during our research on other bills that pertains to West
Virginia's old license to carry statute 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.
Introduced
in 2008 as SB
730.
- Establish
a statute of limitations for certain felony weapons offenses.
Existing West Virginia law
has no statute of limitations for most
felonies, even nonviolent offenses. This bill would establish a
3-year statute of limitations for criminal prosecutions for most felony
weapons offenses under Chapter
61, Article 7 (§61-7-1 through §61-7-15) of the West
Virginia Code,
including second offense carrying a concealed weapon without a license,
possession of a deadly weapon on school property, and unlawful sales of
firearms to prohibited possessors.
- Strengthen the
Emergency Powers Protection Act.
Introduced
in 2008 as SB
728.
All the proposed bills above are in PDF format. Copies of
these bills are available in Microsoft Word format and may be obtained
by clicking the e-mail link below and requesting a copy. This bills are
merely WVCDL proposals and have not been introduced yet in the
Legislature. Some of these bills have inconsistent provisions
that would require reconciliation before final enactment into law. All
gun-related bills that are pending before the Legislature are posted on
WVCDL's
bill tracking page.
More bills will be forthcoming.
Contact Jim Mullins,
WVCDL President, for questions or comments.
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