West Virginia Citizens Defense League, Inc.

PO Box 11371 • Charleston, WV 25339-1371

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WVCDL Legislative Tracking Service

The following gun-related bills have been introduced in the West Virginia Legislature during its 2012 Regular Session.

This page was last updated at 6:25 PM, Tuesday, January 31, 2012.

Bill	Status
Bills WVCDL Strongly Supports
SB 144 Allowing certain shooters not possess hunting license This bill eliminates one of several outdated provisions of the hunting laws that presume a person carrying a gun is doing so for the purpose of hunting.	01/11/12 - Introduced 01/11/12 - To Senate Natural Resources Committee, then Senate Judiciary Committee
SB 149 Requiring law enforcement return forfeited or abandoned firearms to owners The purpose of this bill is to require West Virginia law-enforcement agencies to return forfeited or abandoned firearms to their lawful and legal owners. This would also require them to make all available efforts to make available for sale the firearm in question to licensed individual dealers.	01/11/12 - Introduced 01/11/12 - To Senate Judiciary Committee, then Senate Finance Committee
SB 370 Relating to transport and storage of firearms in private vehicles This bill would protect an individual's right to transport and store firearms in a private motor vehicle in most places where the person may lawfully operate or park the vehicle. In addition to preempting public or private employer rules and state institution of higher education rules, this bill also expressly exempts firearms kept in motor vehicles from the State Capitol carry ban.	01/20/12 - Introduced 01/20/12 - To Senate Judiciary Committee

Bill	Status
Bills WVCDL Supports
HB 2457 Permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds WVCDL supports this bill and would strongly support it if it is amended to either completely exempt the storage of firearms in vehicles without regard to whether the person storing the weapon has a concealed handgun license or completely repeal the State Capitol carry ban (WVCDL's preferred position).	01/11/12 - Introduced 01/11/12 - To House Roads and Transportation Committee, then House Judiciary Committee
HB 3085 Including oral or written inquiry of a patient about possession, ownership or storage of firearms as a reason for invoking disciplinary proceedings against physicians	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 3128 Relating to filing a civil petition for expungement of records relating to an arrest This bill would eliminate filing fees (currently $155) for filing a petition to expunge police and court records of criminal cases in which a person was acquitted or the charges were dismissed.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee 01/13/12 - By substitute, do pass 01/16/12 - On 1st reading, House Calendar 01/16/12 - Read 1st time 01/17/12 - On 2nd reading, House Calendar 01/17/12 - Read 2nd time 01/18/12 - On 3rd reading, House Calendar 01/18/12 - Read 3rd time 01/18/12 - Passed House (Roll No. 5) 01/18/12 - Communicated to Senate 01/19/12 - Introduced in Senate 01/19/12 - To Senate Judiciary Committee
HB 3193 Permitting persons who have been convicted of felonies to qualify for jury service This bill will remove one of several legal impediments to certain convicted felons having their right to possess firearms restored for the purposes of federal law. Under 18 U.S.C. § 921(a)(20), a person is not considered as having been convicted of a felony for the purposes of federal gun laws if he or she "has had civil rights restored[.]" The general test of whether a person "has had civil rights restored" is whether the person is eligible to vote, serve on a jury, and hold public office, and is not prohibited by the laws of the jurisdiction of conviction from possessing firearms. This bill does not apply to individuals convicted of perjury or other "infamous offenses." Furthermore, West Virginia's state gun laws impose affirmative restrictions on the possession of firearms that are more restrictive than federal law. Although HB 3193 alone is not enough, it is another necessary step before West Virginia would be able to grant full restorations of civil and firearm rights. WVCDL would strongly support HB 3193 if it is amended to eliminate all conviction-based jury service disqualifications and/or remove disqualifications from jury service for individuals who have their right to possess firearms under state law restored pursuant to W.Va. Code § 61-7-7.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 4321 Amending the code relating to the ability of certain individuals to petition a court to regain the right to possess firearms, and authorizing parents or guardians to commit children age twelve or older to mental health hospitalization This bill amends the code relating to the ability of certain individuals to petition a court to regain the right to possess firearms so that West Virginia can become eligible for federal funding and to authorize parents or guardians to commit children age twelve or older to mental health hospitalization without the child’s consent.	01/26/12 - Introduced 01/26/12 - To House Judiciary Committee

SB 192 Relating to filing of civil petition for expungement of criminal records under certain circumstances Same as HB 3128	01/16/12 - Introduced 01/16/12 - To Senate Judiciary Committee
SB 353 Exempting Concealed Carry Permit holders from National Instant Criminal Background Check System when purchasing firearm This bill makes several changes to the concealed handgun licensing law that purport to qualify West Virginia for addition to the list of states whose concealed handgun license holders may purchase a firearm from a licensed dealer without a separate NICS check under 18 U.S.C. § 922(t)(3)(A). WVCDL strongly supports this concept but is concerned that this bill, as currently written, may fail to achieve this goal. In addition, this bill would more closely conform state law to federal law by automatically restoring firearm rights to individuals who have received a pardon or expungement for certain disqualifying crimes.	01/20/12 - Introduced 01/20/12 - To Senate Judiciary Committee

Bill	Status
Bills on which WVCDL is Neutral
HB 2335 Allow mental hygiene commissioners to carry concealed weapons without a license Authorizes mental hygiene commissioners to carry concealed weapons without a license.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 2510 Permitting magistrates to carry concealed handguns without a permit Authorizes magistrates to carry concealed weapons without a license.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 2705 Creating West Virginia Firearms Freedom Act This bill purports to declare firearms and firearm accessories manufactured entirely within West Virginia and which never cross a state line from federal regulation. While WVCDL supports appropriate efforts to reaffirm the constitutional rights of West Virginians and their Legislature against an overreaching federal government, we are very concerned this legislation will be of little effect due to the current body of case law from the U.S. Supreme Court interpreting the limits of Congress’s Commerce Clause powers (see Ed Stone, Firearms Freedom Act promises something politicians are not able to deliver, Atlanta Gun Rights Examiner, Jan. 23, 2010) and will give some individuals a false impression about the applicability of federal law. Most importantly, the minimal effect this bill would have in reality is overshadowed by the more pressing needs we have to reform state gun laws and this bill does nothing to advance those causes. Therefore, WVCDL has decided to be neutral on this bill and focus our efforts on more meaningful legislation.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 3255 Relating to exceptions as to prohibitions against carrying concealed deadly weapons Authorizes corrections officers to carry a concealed weapon without a license.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 4128 Allowing the mascot of Parkersburg South High School to carry a musket on school grounds when the mascot is acting in his or her official capacity Authorizes the official mascot of Parkersburg South High School, commonly known as "The Patriot”, to carry a musket on school grounds when the mascot is acting in his or her official capacity. This is the same exemption that is granted to the West Virginia University Mountaineer.	01/19/12 - Introduced 01/19/12 - To House Judiciary Committee
HB 4308 Exempting supreme court justices and retired justices from the prohibitions against carrying concealed weapons	01/26/12 - Introduced 01/26/12 - To House Judiciary Committee

SB 107 Creating West Virginia Firearms Freedom Act Same as HB 2705.	01/11/12 - Introduced 01/11/12 - To Senate Judiciary Committee, then Senate Finance Committee
SB 327 Exempting certain school mascot from prohibition of firearms possession on school grounds Same as HB 4128	01/18/12 - Introduced 01/18/12 - To Senate Education Committee, then Senate Judiciary Committee

Bill	Status
Bills WVCDL Opposes
HB 3093 Clarifying language relating to offenses occurring at the State Capitol This bill exempts constitutional officers and state employees who are licensed to carry concealed weapons from the State Capitol carry ban. WVCDL believes everyone deserves the same right to the means of self-defense and opposes granting public officials and state employees special rights not available to ordinary citizens.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee

SB 344 Providing minimum training requirement for license to carry deadly weapon This bill would establish more restrictive training requirements to obtain a concealed handgun license.	01/18/12 - Introduced 01/18/12 - To Senate Judiciary Committee

Bill	Status
Bills WVCDL Strongly Opposes
HB 2229 Two handgun per month purchase limit This bill would prohibit any private citizen from purchasing more than two handguns in any 30-day period. This bill includes not only purchases from dealers but also private sales. This bill is a perennial proposal of one of the few honest anti-gun members of the Legislature, Delegate John Doyle, D-Jefferson. Previous versions of this bill proposed a one-handgun limit. Either way, WVCDL strongly opposes this bill.	01/11/12 - Introduced 01/11/12 - To House Judiciary Committee
HB 4042 Clarifying when the enforcement of firearms possession prohibition can occur after a domestic violence protective order is issued	01/12/12 - Introduced 01/12/12 - To House Judiciary Committee
HB 4084 Relating to personal safety orders This bill would create a broad-based statute allowing magistrates to issue protective orders in non-domestic-violence cases. This bill contains language broadly authorizing issuing magistrates to completely prohibit possession of firearms by the respondent. This bill would permit a protective order to be issued based on a preponderance of evidence. Protective orders would be valid for a period set by the magistrate, not to exceed two years (in contrast, domestic violence protective orders are generally valid for 90 days or 180 days at a time in most cases and may be extended to one year only under extraordinary circumstances). This process is open to extensive abuse and will do little to protect the types of individuals the bill purports to protect.	01/16/12 - Introduced 01/16/12 - To House Judiciary Committee
HB 4307 Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule This bill includes language expanding mandatory firearm prohibitions for individuals subject to domestic violence protective orders beyond current federal law.	01/26/12 - Introduced 01/26/12 - To House Judiciary Committee

SB 189 Creating statutory cause of action to obtain personal safety orders Same as HB 4084	01/16/12 - Introduced 01/16/12 - To Senate Judiciary Committee
SB 191 Creating protection orders for nonfamily or nonhousehold members Similar to HB 4084 & SB 189	01/16/12 - Introduced 01/16/12 - To Senate Judiciary Committee
SB 465 Relating to domestic violence proceedings and protective orders Same as HB 4307	01/31/12 - Introduced 01/31/12 - To Senate Judiciary Committee