Proposed West Virginia Firearm Legislation
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note: Reintroduction of legislation applies only to House bills and may occur from odd-numbered to even-numbered years. Legislation does not carryover automatically; the sponsor or cosponsors of a bill or resolution must submit a request for the legislation to carryover. The request must be made to the Clerk of the House no later than ten days before the commencement of the Second Regular Session.
Title: Urging in the strongest manner that the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice not to trample on the Second Amendment to the United States Constitution by banning common .223 and 5.56 mm ammunition
Description: Urging in the strongest manner that the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice not to trample on the Second Amendment to the United States Constitution by banning common .223 and 5.56 mm ammunition
Last Action: To House Judiciary
Last Action Date: February 26, 2015
Title: Clarifying circumstances when person may possess certain firearms during outdoor recreational activities
Description: Clarifying circumstances when person may possess certain firearms during outdoor recreational activities
Last Action: To Natural Resources
Last Action Date: January 14, 2015
Title: West Virginia Firearms Freedom Act
Description: The purpose of this bill is to exempt firearms, firearms accessories and ammunition from federal regulation if it is sold and maintained in the State of West Virginia. This article is new; therefore, it has been completely underscored.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Permitting certain holders of concealed weapons permits to carry weapons of the grounds and buildings on the State Capitol Complex
Description: The purpose of this bill is to permit holders of licenses to carry a concealed deadly weapon on the grounds of the State Capitol Complex and its buildings. The bill sets forth the requirements to apply and qualify for an endorsement to be added to a concealed carry permit, and specifies reasons for which an endorsement may be denied, suspended or revoked. The bill also prohibits those licensees from carrying any concealed deadly weapon within the Supreme Court’s offices and rooms.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds
Description: The purpose of this bill is to permit those individuals who have been issued a concealed weapons permit to keep loaded firearms in their motor vehicles on the state Capitol Complex grounds provided that the vehicles are locked and the weapons are out of normal view.
Last Action: Chapter 60, Acts, Regular Session, 2015
Last Action Date: April 15, 2015
Title: Permitting family court judges and magistrates to carry concealed handguns without a permit
Description: The purpose of this bill is to provide that certain persons authorized to carry handguns into court buildings must have firearms training and certification equivalent to members of the state police.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Relating to exceptions to prohibitions against carrying one or more concealed deadly weapons and reciprocity agreements
Description: The purpose of this bill is to provide that any law-abiding person twenty-one years of age or older may carry a concealed weapon within the boundaries of the state, including on or within municipally owned or controlled buildings, recreation centers or properties, without first obtaining a license to carry concealed deadly weapons.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Exempting records of concealed weapon license applications and issuance from disclosure under the West Virginia Freedom of Information Act
Description: The purpose of this bill is to exempt records of concealed weapon license applications and issuance from disclosure under the West Virginia Freedom of Information Act.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Prohibiting the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon
Description: The purpose of this bill is to prohibit the publication of the identities of persons who have been issued licenses to carry a concealed deadly weapon. This section is new; therefore, it has been completely underscored.
Last Action: To House Judiciary
Last Action Date: January 20, 2015
Title: Clarifying circumstances under which a person may possess certain firearms while afield hunting
Description: The purpose of this bill is to clarify circumstances under which a person may possess certain firearms while afield hunting or engaging in other outdoor recreational activities.
Last Action: To House Judiciary
Last Action Date: January 21, 2015
Title: Permitting the possession of firearms on the grounds of higher education institutions by all persons with valid licenses
Description: The purpose of this bill is to permit the possession of firearms on the grounds of higher education institutions by all persons with valid licenses to carry a concealed deadly weapon. This section is new; therefore, it has been completely underscored.
Last Action: To House Education
Last Action Date: January 28, 2015
Title: Possessing deadly weapons on school buses or on the premises of educational facilities
Description: The purpose of this bill is to authorize active law-enforcement officers and retired law-enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school sponsored functions when certain conditions are met.
Last Action: Chapter 78, Acts, Regular Session, 2015
Last Action Date: April 15, 2015
Title: Making applications, permits, and renewal applications for carrying a concealed weapon not subject to public disclosure
Description: Making applications, permits, and renewal applications for carrying a concealed weapon not subject to public disclosure
Last Action: To House Judiciary
Last Action Date: February 5, 2015
Title: Clarifying when a chief law-enforcement officer is required to certify the transfer or making of certain firearms
Description: Clarifying when a chief law-enforcement officer is required to certify the transfer or making of certain firearms
Last Action: To House Judiciary
Last Action Date: February 5, 2015
Title: Exempting information contained in a concealed weapon permit application from the Freedom of Information Act
Description: The purpose of this bill is to protect the privacy of concealed weapon permit holders. The bill provides that information relating to applications for concealed weapon permits is exempt from the Freedom of Information Act. The bill further provides that information collected in the application process for a concealed weapon permit is confidential and provides criminal penalties for violations.
Last Action: Chapter 115, Acts, Regular Session, 2015
Last Action Date: April 15, 2015
Title: Creating the "Firearm Protection Act"
Description: The purpose of this bill is to create the “Firearm Protection Act” that provides that any federal law effective after March 1, 2015 which attempts to ban semiautomatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state is unenforceable in West Virginia. The bill also provides for an effective date.
Last Action: To House Judiciary
Last Action Date: February 6, 2015
Title: Authorizing appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns
Description: The purpose of this bill is to authorize appointees or employees of the Alcohol Beverage Control Commissioner to carry concealed handguns.
Last Action: On 2nd reading to Judiciary
Last Action Date: March 6, 2015
Title: Exempting indoor shooting ranges from the prohibition of shooting or discharging a firearm within five hundred feet of any church or dwelling house
Description: The purpose of this bill is to exempt indoor shooting ranges from the prohibition of shooting or discharging a firearm withing five hundred feet of a church or dwelling house. The bill amends the definition of "shooting range" to include an indoor range.
Last Action: To House Judiciary
Last Action Date: February 20, 2015
Title: Recognizing those in active military service as residents for the purpose of obtaining concealed carry permits while stationed at a West Virginia military installation
Description: The purpose of this bill is to allow those in active military service, and their spouses, while stationed at a West Virginia military installation to be considered as residents of this state for the purpose of obtaining concealed carry permits.
Last Action: To House Veterans' Affairs and Homeland Security
Last Action Date: February 24, 2015
Title: Providing that a concealed weapon license is not required when carrying a concealed handgun for self defense while hunting, hiking, camping or in a motor vehicle
Description: The purpose of this bill is to provide additional rights to bear arms in West Virginia. The bill provides that a concealed weapon license is not required when carrying a concealed handgun for self defense while hunting, hiking, camping or in a motor vehicle. It repeals the criminal penalty provision for carrying a deadly weapon without license or other authorization and repeals the provision relating to exceptions to prohibitions against carrying concealed handguns and from licensing fees. The bill removes the requirement that a holder of a license to carry a deadly weapon carry a state issued identification with the weapons license while carrying a concealed weapon and the criminal penalty for violation. And the bill provides that the availability of a license does not create a general prohibition on the unlicensed transport or unlicensed carrying of a deadly weapon.
Last Action: To House Judiciary
Last Action Date: February 24, 2015
Title: Prohibiting a county parks commission from rule-making authority as it regards firearms
Description: The purpose of this bill is to prohibit a county parks commission from rule-making authority as it regards firearms.
Last Action: To House Judiciary
Last Action Date: February 24, 2015
Title: Making all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments invalid and unenforceable
Description: The purpose of this bill is to make all future federal and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments invalid and unenforceable. The bill makes it a felony to attempt to enforce a federal or local statute, ordinance, law, order or rule concerning firearms, firearm accessories, ammunition and their accouterments that violate the state and federal constitutions. The bill makes legislative findings. The bill provides criminal penalties. The bill requires the Attorney General to defend citizens of West Virginia who are prosecuted by the United States Government for violation of a federal law relating to the manufacture, sale, transfer or possession of a firearm, a firearm accessory or ammunition. The bill provides for retroactivity. The bill provides that ex post facto laws are not created. This article is new; therefore, it has been completely underscored.
Last Action: To House Judiciary
Last Action Date: February 24, 2015
Title: Permitting carrying of concealed weapons without license
Description: The purpose of this bill is to provide that any law-abiding person twenty-one years of age or older may carry a concealed weapon within the boundaries of the state, including on or within municipally owned or controlled buildings, recreation centers or properties, without first obtaining a license to carry concealed deadly weapons.
Last Action: To Government Organization
Last Action Date: January 14, 2015
Title: Correcting code reference regarding certain court personnel completing handgun safety requirements before carrying concealed handgun
Description: The purpose of this bill is to correct an internal code reference that needs updated following a bill that passed the 2013 regular session.
Last Action: To Judiciary
Last Action Date: January 14, 2015
Title: Clarifying circumstances when person may possess certain firearms during outdoor recreational activities
Description: The purpose of this bill is to clarify circumstances under which a person may possess certain firearms while afield engaging in outdoor recreational activities.
Last Action: To Natural Resources
Last Action Date: January 14, 2015
Title: Permitting certain loaded firearms in motor vehicles on Capitol Complex grounds
Description: The purpose of this bill is to permit those individuals who have been issued a concealed weapons permit to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds provided the vehicles are locked and the weapons are out of normal view.
Last Action: To Judiciary
Last Action Date: January 14, 2015
Title: Relating to confidentiality of concealed weapon permit applicants' information
Description: The purpose of this bill is to protect the privacy of concealed weapon permit holders. The bill provides that information relating to applications for concealed weapon permits is exempt from the Freedom of Information Act. The bill further provides that information collected in the application process for a concealed weapon permit is confidential and provides criminal penalties for violations.
Last Action: To Judiciary
Last Action Date: January 21, 2015
Title: Relating to chief law-enforcement officer's requirement to certify transfer or making of certain firearms
Description: The purpose of this bill is to state the procedure when a chief law-enforcement officer is required to certify the transfer or making of certain firearms. The bill includes definitions and right of appeal if a request for certification of the transfer or making of certain firearms is denied.
Last Action: Chapter 79, Acts, Regular Session, 2015
Last Action Date: April 15, 2015
Title: Creating Firearms Act of 2015
Description: The purpose of this bill is to create the West Virginia Firearms Act of 2015. The bill repeals the exceptions section of the code to prohibitions against carrying concealed handguns and exemptions from licensing fees. It authorizes carrying a handgun for purposes of self-defense while in the woods of this state whether the handgun is concealed or not. The bill provides that if the findings of fact and conclusions of law of the court fail to uphold a denial of a license, the applicant is entitled to reasonable costs and attorney's fees, payable by the sheriff's office which issued the denial. The bill amends the provision relation to who is prohibited from possessing firearms under section seven of this article, maintains the penalty provisions. It sets out the procedure for the sheriff in determining eligibility for license when license holder changes home county. The bill amends the language relating to the right of certain persons to limit possession of firearms on premises and private real property.
Last Action: Vetoed by Governor 3/20/15 - Senate Journal
Last Action Date: March 18, 2015
Title: Modifying definitions of "battery" and "domestic battery"
Description: The purpose of this bill is to modify the definition of "battery" and "domestic battery" in order to conform with federal laws as a result of the decision in United States v Castleman 572 U.S. ___ (March 26, 2014). The 2014 Legislature modified the definition of "battery" and "domestic battery" in order to conform with federal laws as a result of the decision in U.S. v. White, 606 F.3d 144. However, the result in White was overruled in Castleman.
Last Action: To House Judiciary
Last Action Date: March 3, 2015
Title: Reorganizing Hatfield-McCoy Regional Recreation Authority
Description: Reorganizing Hatfield-McCoy Regional Recreation Authority
Last Action: Chapter 117, Acts, Regular Session, 2015
Last Action Date: April 15, 2015