West Virginia Citizens Defense League, Inc.

PO Box 11371 • Charleston, WV 25339-1371

Join our free WVCDL-ALERT e-mail list by using the form in the right column below or by texting WVCDL to 22828.

WVCDL Legislative Tracking Service (2011)

The following gun-related bills were introduced in the West Virginia Legislature during its 2011 Regular Session.

This page was last updated at 12:01 AM, Sunday, March 13, 2011.

None of these bills passed both houses of the Legislature and thus did not become law.

Bill	Status
Bills WVCDL Strongly Supported
HB 3125 Relating to the regulation of firearms and other deadly weapons This is WVCDL's West Virginia Gun Owner Protection Act of 2011. Please click the prior link for a detailed explanation of HB 3125.	02/14/11 - Introduced 02/14/11 - To House Judiciary Committee, then House Finance Committee

SB 543 Creating WV Gun Owners' Protection Act of 2011 Same as HB 3125	02/18/11 - Introduced 02/18/11 - To Senate Government Organization Committee , then Senate Judiciary Committee, then Senate Finance Committee

Bill	Status
Bills WVCDL Supported
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).	01/13/11 - Introduced 01/13/11 - 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	02/09/11 - Introduced 02/09/11 - To House Judiciary Committee
HB 3087 Requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide This bill is an old WVCDL bill that has been subsequently revised and merged into WVCDL's proposed West Virginia Gun Owner Protection Act of 2011.	02/10/11 - Introduced 02/10/11 - To House Judiciary Committee 02/24/11 - By substitute, do pass 02/24/11 - 2nd reference dispensed 02/25/11 - From House Calendar, 1st reading, placed on Special Calendar 02/28/11 - On 2nd reading, Special Calendar 02/28/11 - Read 2nd time 03/01/11 - On 3rd reading, Special Calendar 03/01/11 - Read 3rd time 03/01/11 - Passed House (Roll No. 179) 03/01/11 - Communicated to Senate 03/02/11 - Introduced in Senate 03/02/11 - To Senate Judiciary Committee, then Senate Finance 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 3125 and SB 543 would remove some of these restrictions, HB 3193 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.	02/18/11 - Introduced 02/18/11 - To House Judiciary Committee 02/25/11 - Do pass 02/28/11 - From House Calendar, 1st reading, placed on Special Calendar 02/28/11 - Read 1st time 03/01/11 - On 2nd reading, Special Calendar 03/01/11 - Read 2nd time 03/01/11 - Amendment adopted (Voice vote) 03/02/11 - On 3rd reading, Special Calendar 03/02/11 - Read 3rd time 03/02/11 - Recommitted to Judiciary on 3rd reading

SB 340 Relating to crimes against peace and possession of deadly weapons This is an old, standalone WVCDL bill to repeal the State Capitol carry ban.	01/28/11 - Introduced 01/28/11 - To Senate Judiciary Committee
SB 387 Allowing retired officers carry concealed weapon This bill requires the Superintendent of the State Police to offer a program for certifying qualified retired law enforcement officers to carry concealed firearms nationwide under the federal Law enforcement Officers Safety Act of 2004, 18 U.S.C. § 926C. A similar provision is included in WVCDL's proposed West Virginia Gun Owner Protection Act of 2011.	02/02/11 - Introduced 02/02/11 - To Senate Judiciary Committee 02/23/11 - Committee substitute reported 02/24/11 - On 1st reading 02/24/11 - Read 1st time 02/25/11 - On 2nd reading 02/25/11 - Read 2nd time 02/28/11 - On 3rd reading 02/28/11 - Read 3rd time 02/28/11 - Passed Senate (Roll No. 9) 02/28/11 - Ordered to House 03/01/11 - Introduced in House 03/01/11 - To House Judiciary Committee

Bill	Status
Bills on which WVCDL was 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.	01/12/11 - Introduced 01/12/11 - To House Judiciary Committee
HB 2510 Permitting magistrates to carry concealed handguns without a permit Authorizes magistrates to carry concealed weapons without a license.	01/17/11 - Introduced 01/17/11 - 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.	01/21/11 - Introduced 01/21/11 - To House Judiciary Committee
HB 3076 Relating to the procedure for petitioning to regain the right to possess firearms This bill modifies the process for individuals who are prohibited by law from possessing firearms due to having been adjudicated as a mental defective or involuntarily committed to a mental institution to petition the circuit court to restore their right to possess firearms. WVCDL is presently neutral on this bill while we evaluate some of its specific provisions. WVCDL strongly supports providing a fair and reasonable process for individuals who have become prohibited by law from possessing firearms to be able to have their rights restored upon showing that they're not a danger to society.	02/09/11 - Introduced 02/09/11 - To House Judiciary Committee

SB 84 Creating West Virginia Firearms Freedom Act Same as HB 2705.	01/13/11 - Introduced 01/13/11 - To Senate Natural Resources Committee, then Senate Judiciary Committee
SB 306 Requiring prosecuting attorneys who carry concealed firearm receive nationwide certification This is a portion of an old WVCDL bill that was intended to qualify prosecuting attorneys and assistant prosecuting attorneys for nationwide concealed carry privileges under 18 U.S.C. § 926B. However, based upon subsequent research, most of the language in this bill is unnecessary and misses its intended target entirely. At this time, the only thing the Legislature needs to do to qualify prosecuting attorneys and assistant prosecuting attorneys for nationwide concealed carry privileges under 18 U.S.C. § 926B, is to create statutory powers of arrest, which is proposed in §7-4-1 of WVCDL's West Virginia Gun Owner Protection Act of 2011.	01/28/11 - Introduced 01/28/11 - To Senate Judiciary Committee
SB 355 Permitting magistrates carry concealed handguns without permit Same as HB 2510.	01/31/11 - Introduced 01/31/11 - To Senate Judiciary Committee
SB 464 Allowing certain persons petition to regain right to possess firearms when lost due to mental health disability Original same as HB 3076.	02/08/11 - Introduced 02/08/11 - To Senate Judiciary Committee 02/10/11 - Committee substitute reported 02/11/11 - On 1st reading 02/11/11 - Read 1st time 02/14/11 - On 2nd reading 02/14/11 - Read 2nd time 02/15/11 - On 3rd reading 02/15/11 - Read 3rd time 02/15/11 - Passed Senate (Roll No. 4) 02/15/11 - Ordered to House 02/16/11 - Introduced in House 02/16/11 - To House Judiciary Committee 03/07/11 - With amendment, do pass 03/08/11 - From House Calendar, 1st reading, placed on Special Calendar 03/08/11 - Read 1st time 03/09/11 - On 2nd reading, Special Calendar 03/09/11 - Read 2nd time 03/09/11 - Committee amendment adopted (Voice vote) 03/10/11 - From Special Calendar, 3rd reading, placed on House Calendar 03/12/11 - On 3rd reading, House Calendar

Bill	Status
Bills WVCDL Opposed
HB 3084 Substituting the term firearm for handgun with regard to concealed weapon permits This bill eliminates the requirement that a handgun training course include, as an element of instruction, a live fire shooting exercise. Making this change in West Virginia law alone, without creating a multi-class licensing system similar to North Dakota's (as is proposed in HB 3125 and SB 543, WVCDL's West Virginia Gun Owner Protection Act of 2011), endangers the recognition of West Virginia concealed handgun licenses in Kansas and Nevada. Therefore, in its current form, WVCDL must oppose HB 3084. Another legislative victory for West Virginia gun owners!	02/09/11 - Introduced 02/09/11 - To House Judiciary Committee
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. Another legislative victory for West Virginia gun owners!	02/10/11 - Introduced 02/10/11 - To House Judiciary Committee

SB 95 Redefining basis for disqualification of prospective jurors This bill would expand disqualifications from jury service to include all felony convictions. WVCDL opposes this bill because it would further compound the obstacles to any person having his or her civil rights restored and thus being able to have his or her right to possess firearms under federal law restored. Another legislative victory for West Virginia gun owners!	01/14/11 - Introduced 01/14/11 - To Senate Judiciary Committee

Bill	Status
Bills WVCDL Strongly Opposed
HB 2229 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 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. Another legislative victory for West Virginia gun owners!	01/12/11 - Introduced 01/12/11 - To House Judiciary Committee
HB 2346 Clarifying that law-enforcement may remove weapons possessed after service or notice of a protective order but before an actual hearing This bill immediately prohibits a person from possessing firearms and authorizes the immediate confiscation of firearms upon the issuance of any type of domestic violence protective order, before that person has had an opportunity for a hearing in court in which he or she can present his/her side of the case and defend against false allegations. This bill violates a person's right to due process and will result in lying, manipulative individuals abusing the system to have a person's guns taken away by imposing firearm disabilities before that person has his or her day in court. The current law is modeled on federal law (18 U.S.C. § 922(g)(8)), which while imperfect, at least gives everyone his or her day in court before a protective order results in firearm disabilities. This bill is identical to a bill introduced last year, HB 4422, which WVCDL defeated after a public hearing held on WVCDL Lobby Day. For more info on last year's bill, see WVCDL's February 10, 2010, legislative update. Another legislative victory for West Virginia gun owners!	01/12/11 - Introduced 01/12/11 - To House Judiciary Committee 02/09/11 - By substitute, do pass 03/12/11 - On 1st reading, House Calendar