WVCDL's 2007 Legislative Tracking Service (2007)

The following gun-related bills are now pending before the West Virginia Legislature. They are sorted by WVCDL's position and bill number.

This page will be updated daily during the legislative session and was last updated at 08:22 PM, Tuesday, March 13, 2007.

Beginning Friday, February 23, 2007, a "probably dead" classification has been added at the end of this page to indicate bills that have been defeated, rolled into other bills, or which have or are likely to miss key legislative deadlines.

Bill	Status
Bills Probably Dead The deadline for bills to pass from their house of origin (crossover) is February 28. To make this deadline, most bills must have their first reading in their house of origin no later than February 26. The classification of a bill as "probably dead" is subject to change.
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: Support	01/12/07 - Introduced 01/12/07 - 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: Support	01/15/07 - Introduced 01/15/07 - To House Judiciary Committee
HB 2146 Authorizes law-enforcement officers from other states to carry concealed weapons. Under the Law-Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B, qualified law-enforcement officers may already carry concealed firearms nationwide while off duty notwithstanding state or local laws. This bill would conform West Virginia law to Virginia's more lenient standard for concealed carry by off-duty police officers regardless of whether they have met the federal qualification standard. Former Status: Strongly Support	01/15/07 - Introduced 01/15/07 - To House Judiciary Committee
HB 2183 Concealed handgun license recognition. Recognizes all concealed handgun licenses issued by states that have "licensing requirements substantially similar to the licensing requirements" of West Virginia. Because a "similar . . . laws" clause exists in the current reciprocity law under which only two states have been able to establish reciprocity with West Virginia, WVCDL opposes any reciprocity or recognition legislation containing any language conditioning reciprocity or recognition on a "similar law" or "substantially similar law" standard that could block the law's intended implementation just as has been done with the current law. WVCDL will support this bill if its language is changed to reflect SB 26 or HB 2199. Former Status: Oppose	01/16/07 - Introduced 01/16/07 - To House Judiciary Committee
HB 2199 Recognition of concealed handgun licenses from other states This bill extends unconditional unilateral recognition to concealed handgun licenses issued by every other state. WVCDL strongly supports this type of approach to reciprocity reform due to the potential problems with other approaches to this issue given the manner in which the current law has been administered. WVCDL also supports appropriate amendments to this bill to require every other state to be notified of the provisions of this bill if enacted and to require reciprocity agreements to be sought from states that require a written agreement to recognize WV CHLs. Former Status: Strongly Support	01/16/07 - Introduced 01/16/07 - 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. Former Status: Strongly Support See SB 197	01/16/07 - Introduced 01/16/07 - To House Judiciary Committee
HB 2303 Concealed handgun license reciprocity. This bill requires the attorney general to enter into reciprocity agreements with any other state willing to do so. However, unlike SB 26, this bill would require a formal reciprocity agreement before another state's license could be recognized in West Virginia. SB 26 would create automatic recognition without the need for a formal agreement for states that already honor WV CHLs. Some right-to-carry states have either unilateral recognition or SB 26-style automatic reciprocity laws under which the legal authority does not exist for those states to enter into formal reciprocity agreements and would this be unable to benefit from this bill. Former Status: Neutral	01/18/07 - Introduced 01/18/07 - 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	01/19/07 - Introduced 01/19/07 - 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. 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. See SB 715 Former Status: Strongly Oppose Another legislative victory for West Virginia gun owners!	01/22/07 - Introduced 01/22/07 - To House Judiciary Committee
HB 2450 Carrying of concealed weapons by prosecuting attorneys and assistant prosecuting attorneys. Requiring prosecutors or assistant prosecutors that desire to carry a concealed weapon to undergo annual training consistent with the federal Law-Enforcement Officers Safety Act of 2004. 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. See SB 647 for WVCDL;s alternative to HB 2450. Former Status: Neutral	01/23/07 - Introduced 01/23/07 - To House Judiciary Committee
HB 2490 Concealed handgun licenses; discretion to deny for misdemeanor sexual offense. This bill would authorize county sheriffs to deny a CHL on a discretionary basis to an individual who has been convicted of a misdemeanor sexual offense. WVCDL believes the criteria for issuing or denying a CHL must be nondiscretionary in all cases. We do not oppose making misdemeanor sex offenses (in West Virginia, the primary crimes in this category are second and third degree sexual abuse) disqualifying factors if they are mandatory disqualifiers as are all existing disqualifying factors. Former Status: Neutral	01/24/07 - Introduced 01/24/07 - 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	01/24/07 - Introduced 01/24/07 - To House Judiciary Committee
HB 2564 Castle Doctrine Similar to other Castle Doctrine bills Former Status: Support See SB 197	01/26/07 - Introduced 01/26/07 - To House Judiciary Committee
HB 2573 Concealed weapons; when lawful to carry without license. Recognizes all other states' concealed carry permits and clarifies that a permit is not required to transport an unloaded firearm from one place where it may be lawfully possessed to another. The language of this bill, particularly the recognition of other states' permits, is poorly worded. Former Status: Neutral	01/26/07 - Introduced 01/26/07 - To House Judiciary Committee
HB 2700 Allows magistrate court judges to carry concealed weapons without a license. Duplicate of HB 2127 Former Status: Support	01/30/07 - Introduced 01/30/07 - To House Judiciary Committee
HB 2722 Penalty for negligent shooting of another person while hunting under the influence of alcohol, controlled substances, or other drugs. This bill would establish criminal penalties for injuring or killing another person while hunting under the influence of alcohol, controlled substances, or other drugs. Former Status: Support	01/30/07 - Introduced 01/30/07 - To House Agriculture & Natural Resources Committee, then to the House Judiciary Committee
HB 2734 Castle Doctrine Similar to other Castle Doctrine-related legislation Former Status: Support See SB 197	01/30/07 - Introduced 01/30/07 - 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. Former Status: Neutral	02/22/07 - Introduced 02/22/07 - To House Judiciary Committee

SB 26 Concealed handgun license reciprocity. Establishes automatic recognition of concealed handgun licenses issued by states that recognize West Virginia licenses. If this bill is amended to establish unconditional, unilateral recognition of all other states' permits as HB 2199 does, we will upgrade SB 26 from "support" to "strongly support." Former Status: Support	01/10/07 - Introduced 01/10/07 - Referred to Senate Judiciary Committee
SB 102 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. Former Status: Strongly Support See SB 197	01/17/07 - Introduced 01/17/07 - Referred to Senate Judiciary Committee
SB 200 Firearms Safety Program in Public Schools Requires the offering of an introductory firearms safety program in public schools in grades 7-9 Former Status: Support	01/24/07 - Introduced 01/24/07 - Referred to Senate Education Committee, then to the Senate Finance Committee
SB 507 Removing Social Security numbers from concealed handgun licenses. Provides that concealed handgun licenses may only contain the last 4 digits of the licensee's Social Security number. The WVCDL believes no part of a Social Security number should appear on CHLs. Additionally, this bill does not correct West Virginia's violation of Section 7 of the federal Privacy Act of 1974 by our requirement that an applicant provide his or her full Social Security number on an application. Former Status: Support	02/08/07 - Introduced 02/08/07 - Referred to Senate Judiciary Committee
SB 630 Concealed handgun licenses generally. This bill makes several changes to the concealed handgun licensing law. First, this bill would remove Social Security numbers from the licenses themselves and instead require the inclusion of the licensee's picture in the license and eliminate the requirement that a licensee carry a separate photo ID with the license. The bill clarifies that the required training courses must conduct the live firing exercises with real bullets and may not substitute rubber, wax, or other fake bullets for real, live ammunition. The bill contains language strengthening the statewide uniformity of the CHL law. The bill would also adopt SB 26's reciprocity language. We would like to see several changes in this bill, including additional language pertaining to the application forms to conform to Section 7 of the Privacy Act, amendment of the statewide uniformity language so that it cannot be construed as authorizing any additional public property weapon bans, and the adoption of our reciprocity reform bill in lieu of the SB 26 language contained in this bill. Overall, this is a good bill. Former Status: Support	02/16/07 - Introduced 02/16/07 - Referred to Senate Judiciary Committee
SB 647 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	02/19/07 - Introduced 02/19/07 - Referred to Senate Judiciary Committee
SB 648 Firearm Straw Purchases Prohibits the purchase of firearms from licensed 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, and pending legislation in the Virginia General Assembly. This bill has been designed to provide state level jurisdiction in West Virginia to prosecute straw purchasers and, like the Virginia legislation referenced above, 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	02/19/07 - Introduced 02/19/07 - Referred to Senate Judiciary Committee
SB 649 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	02/19/07 - Introduced 02/19/07 - Referred to the Senate Government Organization Committee then the Senate Judiciary Committee
SB 715 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 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	02/19/07 - Introduced 02/19/07 - Referred to Senate Judiciary Committee
SB 716 CHL background checks Clarifies that the background checks for concealed handgun licenses must include a check through the National Instant criminal Background Check System (NICS), the same system used to process background checks at gun dealers. This bill will likely increase the number of states that would recognize West Virginia licenses (regardless of changes in our reciprocity law) and would enable CHL holders whose licenses are issued or renewed on or after the effective date of this bill to bypass the NICS check at the time of buying or otherwise receiving guns at West Virginia gun dealers. Federal law generally allows permit holders from states that conduct the NICS check and include all disqualifiers to legally possessing a firearm under federal law as disqualifiers to obtaining a permit to bypass the separate background check when purchasing a gun. This bill will protect individuals who have concealed handgun licenses from possible delays in legally buying a gun caused by mistakes of identity or NICS computer malfunctions. We believe SB 716 will likely result in West Virginia CHLs being recognized in Minnesota, New Mexico, and Texas, regardless of whether we establish reciprocity with those states; if a meaningful reciprocity reform bill is also passed, this bill would likely enable West Virginia to establish reciprocity with more states than might have otherwise been possible with only a reciprocity reform bill. This is a WVCDL bill. Former Status: Strongly Support	02/19/07 - Introduced 02/19/07 - Referred to Senate Judiciary Committee
SB 717 Nonresident concealed handgun licenses Allows nonresidents to be licensed to carry concealed handguns in West Virginia. Nonresidents could apply through any county sheriff and would be subject to the same licensing standards and fees as West Virginia residents. Like West Virginia residents, however, nonresidents would have to apply in person. Although we prefer adopting a meaningful reciprocity reform bill to enable nonresidents from states other than Kentucky and Virginia to legally carry concealed handguns while working in or visiting West Virginia, this bill will at least give residents of every other state some means of being able to legally carry here. This is a WVCDL bill. Former Status: Strongly Support	02/19/07 - Introduced 02/19/07 - Referred to Senate Judiciary Committee

West Virginia Citizens Defense League, Inc.

WVCDL Legislative Tracking Service (2007)

Bills WVCDL Strongly Supports

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Status

Bills WVCDL Supports

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Status

Bills on which WVCDL is Neutral

Bill

Status

Bills WVCDL Opposes

Bill

Status

Bills WVCDL Strongly Opposes

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Bills Probably Dead

Bill

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