Bills Probably
Dead
The deadline for bills to pass from their house
of origin (crossover) is February 27. To make this
deadline, most bills must have their first reading
in their house of origin no later than February
25. The classification of a bill as
"probably dead" is subject to change.
|
Bill
|
Status
|
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:
Neutral
|
01/09/08 - Introduced
01/09/08 - 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:
Neutral |
01/09/08
- Introduced
01/0908 - 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.
This bill is the best of several different versions
of Castle Doctrine legislation that have been
introduced.
Former Status:
Strongly Support
|
01/09/08
- Introduced
01/09/08 - 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 |
01/09/08
- Introduced
01/09/08 - 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. However, if, for some strange
reason, this bill moves, we will fiercely oppose it.
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.
Former Status:
Strongly Oppose
Another legislative victory
for West Virginia gun owners!
|
01/09/08 - Introduced
01/09/08 - 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 |
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 2564
Castle Doctrine
Similar to other Castle Doctrine bills.
Former Status:
Support
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 2700
Allows magistrate
court judges to carry concealed weapons without a
license.
Duplicate of HB 2127.
Former Status:
Neutral
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 2734
Castle Doctrine
Similar to other Castle Doctrine-related
legislation.
Former Status:
Support
|
01/09/08
- Introduced
01/09/08 - 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. This bill
would require a juvenile 14-17 years of age charged
with unlawful possession of weapon by a minor
to be tried as an adult. After careful review,
WVCDL has decided to oppose this bill in its
current form because we believe the court should
have discretion to determine whether the juvenile
merits trial as an adult.
Former Status:
Oppose
Another legislative victory
for West Virginia gun owners!
|
01/09/08
- Introduced
01/09/08 - To House
Judiciary Committee |
HB 4020
Transmission of
certain state mental health records to NICS
This bill creates an exemption from the statute
sealing certain state mental health records to allow
records concerning individuals who have been
involuntarily committed to a state mental hospital
or found incompetent to stand trial to be
transmitted to the National Instant Criminal
Background Check System (NICS) for the purpose of
identifying those two classes of individuals as
being prohibited from possessing a firearm under
state & federal law by reason of having been
adjudicated as a mentally defective or involuntarily
committed to a mental institution.
This bill is part
of the Governor's legislative agenda.
Former
Status: Neutral
|
01/10/08
- Introduced
01/10/08 - To House
Health and Human Resources Committee, then House
Judiciary Committee
01/15/08 - Do pass, but first to Judiciary
01/15/08 - To House
Judiciary Committee |
HB 4026
CHL Information
Privacy
This bill prohibits disclosure of names, addresses
and other personally-identifying information of
persons licensed to carry concealed handguns.
Former
Status: Strongly Support |
01/10/08
- Introduced
01/10/08 - To House
Judiciary Committee
02/18/08 - Do pass
02/19/08 - From House Calendar, 1st reading, placed
on Special Calendar
02/19/08 - Read 1st time
02/20/08 - On 2nd reading, Special Calendar
02/20/08 - Read 2nd time
02/28/08 - From Special Calendar, 3rd reading,
placed on House Calendar
02/29/08 - From House Calendar, 3rd reading, placed
on Special Calendar
02/29/08 - Tabled on 3rd reading, Special Calendar
|
HB 4158
Allowing
law-enforcement agencies to sell all unclaimed
stolen property at auction and use the proceeds
Former
Status: Neutral
|
01/24/08
- Introduced
01/24/08 - To House
Judiciary Committee |
HB
4257
Authorizing Lottery Commission promulgate
legislative rule relating to racetrack table games
This bill gives legislative approval to proposed
rules of the Lottery Commission that would, among
other things, deny track and casino workers and
patrons the right to self-defense by prohibiting all
weapon inside casinos. The objectionable part
of the proposed legislative rule is C.S.R. §
179-8-3.11.a, which may be found by clicking
here and going to pages 16 and 17. WVCDL
insists that sections 2.65 (which defines weapon for
the purposes of the rule) and 3.11.a of the rule be
stricken.
Consolidated into SB 417.
Former Status:
Strongly Oppose
|
01/25/08
- Introduced
01/25/08 - To House
Finance Committee, then House
Judiciary Committee
02/18/08 - With amendment, do pass, but first to
Judiciary
02/18/08 - To House
Judiciary Committee |
HB
4285
Requiring
prosecutors or assistant prosecutors that desire
to carry a concealed weapon to undergo annual
training
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.
Former Status:
Oppose
Another legislative victory
for West Virginia gun owners!
|
01/25/08
- Introduced
01/25/08 - To House
Judiciary Committee |
HB
4338
Relating to the discharging of firearms within a
certain distance of a dwelling house
Establishes permitting system to allow certain
individuals to discharge firearms within 500 feet of
their own homes.
Former Status:
Support
|
01/30/08
- Introduced
01/30/08 - To House
Agriculture and Natural Resources Committee,
then House
Judiciary Committee |
HB
4391
Allowing magistrates and family court judges to
carry concealed weapons on courthouse property
This bill exempts magistrates and family court
judges who have concealed handgun licenses from the
courthouse carry ban. Under this bill,
magistrates and family court judges would no longer
have to get the permission of the chief circuit
judge of the county, who currently has the power to
issue exemptions and waivers from the courthouse
carry ban, to carry guns in court. This bill would
not exempt magistrates or family court judges from
the requirement ob obtaining a concealed handgun
license to conceal the weapon.
Former Status:
Neutral
|
02/04/08
- Introduced
02/04/08 - To House
Judiciary Committee |
HB
4443
Creating the offense of carrying, using or
possessing a firearm or other destructive device
during the commission of a drug related crime
This bill adopts provisions mirroring existing
federal laws punishing the possession or use of
firearms by drug dealers.
Former Status:
Neutral
|
02/06/08
- Introduced
02/06/08 - To House
Judiciary Committee |
HB
4683
Concealed
handgun reciprocity reform -- universal
recognition
Generally recognizes all other states' licenses or
permits to carry concealed handguns.
Same as SB 228.
This is a WVCDL bill.
Former
Status:
Strongly Support
|
02/18/08
- Introduced
02/18/08 - To House
Judiciary Committee |
|
|
SB 31
Castle Doctrine
See HB 2264.
Former Status:
Strongly Support
|
01/09/08
- Introduced
01/09/08 - Referred to Senate
Judiciary Committee |
SB 118
Castle Doctrine --
Civil Liability
This bill increases protections from civil liability
for the lawful use of force in self-defense.
Former Status:
Neutral
|
01/09/08
- Introduced
01/09/08 - Referred to Senate
Judiciary Committee |
SB 136
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
|
01/09/08
- Introduced
01/09/08 - Referred to the Senate
Judiciary Committee |
SB 152
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
|
01/10/08
- Introduced
01/10/08 - Referred to Senate
Judiciary Committee
02/20/08 - Reported do pass
02/21/08 - On 1st reading
02/21/08 - Read 1st time
02/22/08 - On 2nd reading
02/22/08 - Read 2nd time
02/25/08 - On 3rd reading
02/25/08 - Read 3rd time
02/25/08 - Passed Senate (Roll No. 2)
02/25/08 - Effective from passage (Roll No. 2)
02/25/08 - Ordered to House
02/26/08 - Introduced in House
02/26/08 - To House
Judiciary Committee |
SB 178
Relating to
concealed handgun licenses generally
Establishes a procedure for issuing nonresident
concealed handgun licenses and removes Social
Security numbers from licenses and
applications. This was a carryover of a
WVCDL-authored bill introduced last year. We
have decided to incorporate this bill into a broader
reform of the concealed handgun licensing statute.
This is a WVCDL bill.
Former
Status:
Neutral
|
01/10/08
- Introduced
01/10/08 - Referred to Senate
Judiciary Committee |
SB 188
Requiring retired
law-enforcement officers to recertify firearm
license
This bill requires retired law-enforcement officers
to periodically requalify with a firearm to keep or
renew a concealed handgun license.
After consulting with this bill's sponsor, WVCDL has
found that the sponsor introduced this bill at a
constituent's request to provide a means for retired
law-enforcement officers from an agency in another
state who live in West Virginia to qualify to carry
concealed firearms nationwide under the federal Law
Enforcement Officers Safety Act of 2004, 18
U.S.C. § 926C. We are working with
this bill's sponsor to craft better language that
does not create any new requirements to obtain or
renew a standard concealed handgun license and will
seek to do so through WVCDL-authored SB 152 with an
amendment that addresses this one shortcoming in SB
152. Therefore, WVCDL is neutral on SB 188 for
now.
Former Status:
Neutral
|
01/10/08
- Introduced
01/10/08 - Referred to Senate
Judiciary Committee |
SB
228
Concealed handgun reciprocity reform -- universal
recognition
Generally recognizes all other states' licenses or
permits to carry concealed handguns.
This is a WVCDL bill.
Former
Status:
Strongly Support
|
01/16/08
- Introduced
01/16/08 - Referred to Senate
Interstate Cooperation Committee then Senate
Judiciary Committee |
SB
230
Concealed handgun licenses
As introduced, this bill reduces the fees for
concealed handgun licenses from $90 to $50 for each
5-year license.
The current version of this bill makes minor changes
to the reciprocity law and removes licensees' Social
Security numbers from the face of the license.
The introduced
version of this bill was a WVCDL bill.
Former
Status:
Strongly Support |
01/16/08
- Introduced
01/16/08 - Referred to Senate
Judiciary Committee then Senate
Finance Committee
02/21/08 - Committee substitute reported, but first
to Finance
02/21/08 - Unanimous consent
02/21/08 - Immediate consideration
02/21/08 - On 1st reading
02/21/08 - Read 1st time
02/21/08 - Unanimous consent
02/21/08 - 2nd reference dispensed
02/22/08 - On 2nd reading
02/22/08 - Read 2nd time
02/25/08 - On 3rd reading with right to amend
02/25/08 - Read 3rd time
02/25/08 - Passed Senate (Roll No. 6)
02/25/08 - Effective from passage (Roll No. 6)
02/25/08 - Ordered to House
02/26/08 - Introduced in House
02/26/08 - To House
Judiciary Committee
|
SB
252
Firearm
Straw Purchases
Prohibits the purchase of firearms from licensed
firearm 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, including a
similar bill
enacted last year by the Virginia General
Assembly. This bill has been designed to
provide state level jurisdiction in West Virginia to
prosecute straw purchasers and, like Virginia's 2007
law, 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
|
01/18/08
- Introduced
01/18/08 - Referred to Senate
Judiciary Committee |
SB
255
Absolving landowner's liability for hunter's
injuries
This bill encourages private landowners to allow
hunting and fishing on their property by absolving
the landowner, tenant or agent of the landowner from
any civil liability for injuries to any persons
hunting, trapping or fishing on the landowner's land
with or without written permission.
Former Status:
Strongly Support
|
01/18/08
- Introduced
01/18/08 - Referred to Senate
Natural Resources Committee, then Senate
Judiciary Committee |
SB
285
Relating to State Police Retirement System
This bill would raise the fee for a concealed
handgun license from $90 to $120.
Original same as original HB 4471.
Former Status:
Strongly Oppose
Another legislative victory
for West Virginia gun owners!
|
01/21/08
- Introduced in Senate
01/21/08 - To Senate
Pensions Committee, then Senate
Finance Committee
02/07/08 - Committee substitute reported, but first
to Senate
Finance Committee
02/07/08 - To Senate
Finance Committee |
SB
319
Clarifying the regulation of firearms under the
hunting statutes
This bill clarifies
several
contradictory and confusing provisions of West
Virginia’s hunting laws that regulate where, when,
and how firearms may be legally carried. This bill
clarifies the legality of carrying handguns,
either openly or concealed, as it relates to
hunting regulations, and exempts 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. For more background information on
this bill, see the summary of the bill here.
This
is
a WVCDL bill.
Former
Status: Strongly Support
|
01/23/08
- Introduced
01/23/08 - Referred to Senate
Judiciary Committee |
SB 458
Authorizing Lottery
Commission promulgate legislative rule relating to
racetrack table games
Same as HB 4257.
Consolidated into SB 417.
Former Status:
Strongly Oppose
Another legislative victory
for West Virginia gun owners!
|
01/25/08
- Introduced
01/25/08 - Referred to Senate
Finance Committee then Senate
Judiciary Committee
01/25/08 - To Finance
02/15/08 - Reported do pass, with amendment, but
first to Judiciary
02/15/08 - To Judiciary |
SB 515
Absolving
landowner's liability for hunter's injuries
Similar to SB 255.
Former Status:
Strongly Support
|
01/31/08
- Introduced
01/3108 - Referred to Senate
Natural Resources Committee, then Senate
Judiciary Committee |
SB 664
Exempting family
court judges and magistrates from concealed weapon
licensing requirements
This bill grants magistrates and family court judges
the same privilege as the law already grants to
circuit court judges.
Former Status:
Neutral
|
02/14/08
- Introduced
02/14/08 - Referred to Senate
Judiciary Committee |
SB
677
Modifying certain firearm use restrictions
The introduced version of this bill would have
allowed the shooting and discharging firearms within
500 feet of any dwelling house, if written consent
by all residents within five hundred feet is
obtained and on or near any park or other place
where persons gather for purposes of pleasure in an
established shooting range.
The current version of this bill allows a person to
discharge a firearm within 500 feet of his or her
own home if he or she is not otherwise within a
no-discharge zone.
Former Status:
Support
|
02/15/08
- Introduced
02/15/08 - Referred to Senate
Judiciary Committee
02/25/08 - Committee substitute reported
02/25/08 - Unanimous consent
02/25/08 - Immediate consideration
02/25/08 - On 1st reading
02/25/08 - Read 1st time
02/26/08 - On 2nd reading
02/26/08 - Read 2nd time
02/27/08 - On 3rd reading
02/27/08 - Read 3rd time
02/27/08 - Passed Senate (Roll No. 29)
02/27/08 - Ordered to House
02/28/08 - Introduced in House
02/28/08 - To House
Judiciary Committee
|
SB
713
Castle Doctrine
Similar to other Castle Doctrine-related
bills.
Former Status:
Neutral
|
02/18/08
- Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB
728
Prohibiting seizure of lawfully owned firearms
during state of emergency
This bill clarifies and strengthens language of the
Emergency powers Protection Act designed to prevent
the denial of the right to keep and bear arms under
the guise of emergency management.
This
is
a WVCDL bill.
Former
Status: Strongly Support
|
02/18/08
- Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB
730
Eliminating obsolete weapons' licensing statutory
language
This bill makes purely technical corrections to
several code sections that contain outdated language
referring to licenses to carry deadly weapons issued
under West Virginia's old, highly-restrictive "may
issue" license to carry law, 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.
This
is
a WVCDL bill.
Former
Status: Strongly Support
|
02/18/08
- Introduced
02/18/08 - Referred to Senate
Judiciary Committee |
SB 732
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
the unlicensed open carry bans in Charleston &
Dunbar, 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
|
02/18/08
- Introduced
02/18/08 - Referred to Senate
Government Organization Committee, then to Senate
Judiciary Committee |
SCR 54
Urging Secretary of
Interior to cause National Park Service and Fish
and Wildlife Service to amend certain firearm
regulations
This resolution puts the Legislature on
record in support of proposals to allow visitors to
national parks and national wildlife refuges to
legally carry firearms in accordance with state
law. Current National Park Service and Fish
and Wildlife Service regulations generally prohibit
the possession of operational, loaded firearms on
NPS and FWS property.
This is a
WVCDL-authored resolution.
|
02/20/08
- Introduced in Senate
02/21/08 - On Unfinished Business
02/21/08 - Referred to Senate
Natural Resources Committee |