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 (2009)

The following gun-related bills were introduced in the West Virginia Legislature during its 2009 regular session.

Active bills are sorted by WVCDL's position and bill number. Dead bills are separately sorted by WVCDL's position and bill number and are listed separately from the active bills.

This page was last updated at 8:50 PM, Tuesday, May 5, 2009.

Bills that Passed

Bill	Status
Bills WVCDL Strongly Supports

Bills WVCDL Supports

Bill

Status

HB 3314
Relating to concealed handgun licensing
The original version of this bill would have closed public access to concealed handgun license records, removed Social Security numbers from concealed handgun licenses, provide an automatic extension of licenses while renewal application pending, and permit the recognition of nonresident licenses issued by reciprocal states.

The House Judiciary Committee's committee substitute for this bill gutted it and reduced the bill to removing Social Security numbers from concealed handgun license cards.

The Senate amended this bill to modify the reciprocity law to allow the recognition of nonresident licenses issued by reciprocal states and slightly clarified our background check procedures in an attempt to obtain reciprocity with additional states. View the text of the enrolled version of this bill to see its current contents.

03/23/09 - Introduced
03/23/09 - To House Judiciary Committee
03/27/09 - By substitute, do pass
03/30/09 - From House Calendar, 1st reading, placed on Special Calendar
03/30/09 - Read 1st time
03/31/09 - On 2nd reading, Special Calendar
03/31/09 - Read 2nd time
04/01/09 - On 3rd reading, Special Calendar
04/01/09 - Read 3rd time
04/01/09 - Passed House (Roll No. 201)
04/01/09 - Communicated to Senate
04/02/09 - Introduced in Senate
04/02/09 - To Senate Judiciary Committee
04/09/09 - Reported do pass, with amendments and title amendment
04/09/09 - Immediate consideration
04/09/09 - On 1st reading
04/09/09 - Read 1st time
04/10/09 - On 2nd reading
04/10/09 - Read 2nd time
04/10/09 - Committee amendments adopted (Voice vote)
04/10/09 - On 3rd reading
04/10/09 - Suspension of Constitutional Rule (Roll No. 40)
04/10/09 - Read 3rd time
04/10/09 - Passed Senate with amended title (Roll No. 41)
04/10/09 - Senate requests House to concur
04/11/09 - House received Senate message
04/11/09 - House concurred in Senate amendment and passed bill (Roll No. 429)
04/11/09 - Communicated to Senate
04/11/09 - Completed legislative action
04/11/09 - House Message received
05/26/09 - To Governor 5/5/09 - Senate Journal
05/26/09 - To Governor 5/5/09 - House Journal
05/05/09 - To Governor 5/5/09
05/26/09 - Approved by Governor 5/8/09 - Senate Journal
05/26/09 - Approved by Governor 5/8/09 - House Journal
05/08/09 - Approved by Governor 5/8/09
06/09/09 - Chapter 64, Acts, 2009
07/10/09 - Effective Date

Bill	Status
Bills on which WVCDL is Neutral

Bill	Status
Bills WVCDL Opposes

Bill	Status
Bills WVCDL Strongly Opposes

Bills that Failed

The following bills were introduced in the West Virginia Legislature during the 2009 legislative session but failed to pass. Most of these bills will be reintroduced next year.

Bill	Status
Bills WVCDL Strongly Supported
HB 2628 Restricting public access to concealed weapons permit records This bill closes public access to information about individuals who have or have applied for concealed handgun licenses.	02/18/09 - Introduced 02/18/09 - To House Judiciary Committee
HB 2733 Creating an annual sales tax holiday for purchases of guns and ammunition This bill exempts firearms and ammunition from state sales taxes during the month of November of each year.	02/23/09 - Introduced 02/23/09 - To House Finance Committee
HB 2752 Eliminating the requirement of an applicant for a license to carry concealed weapons to provide his or her Social Security number This bill protects license holders from the potential of identity theft and cures West Virginia's ongoing violations of Section 7 of the federal Privacy Act of 1974 by completely removing Social Security numbers from concealed handgun licenses and application forms. The portion of this bill removing Social Security numbers from concealed handgun license cards passed as part of HB 3314.	02/23/09 - Introduced 02/23/09 - To House Judiciary Committee
HB 2790 State Capitol Carry Ban Repeal Repeals the statute prohibiting the possession of deadly weapons on the State Capitol grounds and modifies the statute prohibiting weapons in courthouses to permit carrying inside all parts of the State Capitol building not occupied by the Supreme Court of appeals and court offices. This is a WVCDL bill.	02/24/09 - Introduced 02/24/09 - To House Government Organization Committee, then House Judiciary Committee
HB 2794 Modifying restrictions relating to shooting and discharging firearms near certain areas This bill authorizes the discharge of firearms within 500 feet of a dwelling whose occupant has given prior written consent. This bill is substantially similar to a WVCDL proposal.	02/24/09 - Introduced 02/24/09 - To House Natural Resources Committee, then House Judiciary Committee
HB 3331 Prohibiting the taking of lawfully possessed arms and ammunition during a declared state of emergency or riot This bill prohibits the taking of lawfully possessed arms and ammunition during a declared state of emergency or riot. This is a WVCDL bill.	03/23/09 - Introduced 03/23/09 - To House Judiciary Committee
HB 3333 Relating to the regulation of carrying firearms This bill clarifies the applicability of certain hunting regulations to the carrying of firearms. This bill repeals limitations on how handguns may be carried in vehicles or in wooded areas or while bowhunting and clarifies miscellaneous other firearm regulations to only apply to rifles and shotguns. This bill also exempts individuals licensed or otherwise authorized to carry concealed weapons from certain regulations on the manner in which other firearms may be carried or transported in wooded areas or vehicles. This is a WVCDL bill.	03/23/09 - Introduced 03/23/09 - To House Natural Resources Committee, then House Finance Committee
HB 3335 Relating to limitations upon the keeping and bearing of arms This bill reforms the state preemption of firearm regulations and establishes uniform signage requirement for all places, both public and private property, where the possession or carrying of weapons has been prohibited. This is a WVCDL bill.	03/23/09 - Introduced 03/23/09 - To House Political Subdivisions Committee, then House Judiciary Committee

SB 31 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.	02/11/09 - Introduced 02/11/09 - Referred to Senate Natural Resources Committee, then Senate Judiciary Committee 03/17/09 - Committee substitute reported, but first to Judiciary 03/17/09 - To Senate Judiciary Committee
SB 139 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 and existing Virginia state laws, including a similar bill enacted in 2007 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.	02/11/09 - Introduced 02/11/09 - Referred to the Senate Judiciary Committee
SB 147 State Capitol Carry Ban Repeal Same as HB 2790. This is a WVCDL bill.	02/11/09 - Introduced 02/11/09 - Referred to the Senate Judiciary Committee
SB 148 Concealed handgun reciprocity reform -- universal recognition Generally recognizes all other states' licenses or permits to carry concealed handguns. This bill is a carryover of 2008 SB 228. WVCDL will have a more comprehensive concealed carry overhaul bill introduced soon. This is a WVCDL bill.	02/11/09 - Introduced 02/11/09 - Referred to Senate Interstate Cooperation Committee then Senate Judiciary Committee
SB 305 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.	02/19/09 - Introduced 02/19/09 - Referred to Senate Interstate Cooperation Committee then Senate Judiciary Committee
SB 378 Relating to concealed handgun license reciprocity This bill replaces the requirement that a person must be a resident of the state in which a concealed handgun license was issued for that license to be recognized under West Virginia's reciprocity law with a more limited restriction that prohibits West Virginia residents from using another state's license as an alternative to obtaining a West Virginia license. The Senate Interstate Cooperation Committee's committee substitute for this bill that passed the Senate incorporated the closed records provisions of HB 2628 and was identical to the introduced version of HB 3314.	02/25/09 - Introduced 02/25/09 - Referred to Senate Interstate Cooperation Committee then Senate Judiciary Committee 03/19/09 - Committee substitute reported, but first to Judiciary 03/19/09 - To Senate Judiciary Committee 03/27/09 - Reported do pass 03/30/09 - On 1st reading 03/30/09 - Read 1st time 03/31/09 - On 2nd reading 03/31/09 - Read 2nd time 04/01/09 - On 3rd reading 04/01/09 - Read 3rd time 04/01/09 - Passed Senate (Roll No. 14) 04/01/09 - Ordered to House 04/01/09 - Introduced in House 04/01/09 - To House Judiciary Committee
SB 621 Allowing private property owner to prohibit concealed weapons The original bill would have amended the statute authorizing property owners to prohibit weapons from their premises to provide that the statute only applies with respect to private property owners. The Senate Judiciary Committee's committee substitute for this bill provides only that W.Va. Code §61-7-14 cannot be used by counties or municipalities to skirt preemption.	03/17/09 - Introduced 03/17/09 - Referred to the Senate Judiciary Committee 03/27/09 - Committee substitute reported 03/27/09 - Immediate consideration 03/27/09 - On 1st reading 03/27/09 - Read 1st time 03/30/09 - On 2nd reading 03/30/09 - Read 2nd time 03/31/09 - On 3rd reading 03/31/09 - Read 3rd time 03/31/09 - Passed Senate (Roll No. 20) 03/31/09 - Ordered to House 03/31/09 - Introduced in House 03/31/09 - To House Judiciary Committee

Bill	Status
Bills WVCDL Supported
HB 2422 Clarifying what constitutes "on or about the person" regarding possession of a deadly weapon This bill clarifies what constitutes "on or about the person" regarding possession of a deadly weapon as within the possessor's immediate physical reach.	02/16/09 - Introduced 02/16/09 - To House Judiciary Committee
HB 2866 Allowing a license to carry deadly weapons to remain valid until the applicant receives notice the application for renewal has been issued or denied This bill provides an indefinite extension of a concealed handgun license for which a renewal application was filed prior to its expiration date and which is pending before the sheriff. Former Status: Support	02/27/09 - Introduced 02/27/09 - To House Judiciary Committee
HB 3057 Requiring all law-enforcement agencies to certify qualified law-enforcement officers to carry concealed firearms Similar to SB 305. This is a WVCDL bill.	03/10/09 - Introduced 03/10/09 - To House Judiciary Committee 03/27/09 - By substitute, do pass 03/30/09 - From House Calendar, 1st reading, placed on Special Calendar 03/30/09 - Read 1st time 03/31/09 - On 2nd reading, Special Calendar 03/31/09 - Read 2nd time 03/31/09 - Amendment adopted (Voice vote) 04/01/09 - On 3rd reading, Special Calendar 04/01/09 - Read 3rd time 04/01/09 - Passed House (Roll No. 228) 04/01/09 - Communicated to Senate 04/02/09 - Introduced in Senate 04/02/09 - To Senate Judiciary Committee

Bill	Status
Bills on which WVCDL was Neutral
HB 2075 Allow 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.	02/11/09 - Introduced 02/11/09 - To House Judiciary Committee
HB 2298 Allow mental hygiene commissioners to carry concealed weapons without a license Authorizes mental hygiene commissioners to carry concealed weapons without a license.	02/12/09 - Introduced 02/12/09 - To House Judiciary Committee
HB 2316 Relating to unlawful possession of deadly weapons by a minor Authorizes the presiding officer of a juvenile proceeding to order a juvenile taken into custody or a law-enforcement official to take a juvenile into custody when there is probable cause to believe that juvenile has illegally possessed a deadly weapon, and to permit waiver and transfer of jurisdiction from juvenile proceeding to criminal jurisdiction if there is probable cause to believe that juvenile has illegally possessed a deadly weapon.	02/12/09 - Introduced 02/12/09 - To House Judiciary Committee
HB 2428 Permitting magistrates to carry concealed handguns without a permit This bill grants magistrates the same privilege as the law already grants to circuit court judges.	02/16/09 - Introduced 02/16/09 - To House Judiciary Committee

Bills WVCDL Opposed

Bill

Status

HB 2507
Relating to the discharging of firearms within a certain distance of a dwelling house
This bill authorizes the Director of the Division of Natural Resources to issue individual permits to allow a person to discharge a firearm within 500 feet of a house under certain conditions.
WVCDL believes that the conditions of this bill are too restrictive. We have proposed an alternative bill that would provide backyard target shooters a more effective means to legally discharge firearms within the vicinity of their own homes or, with prior written permission, those of a neighbor.

Another legislative victory for West Virginia gun owners!

02/17/09 - Introduced
02/17/09 - To House Natural Resources Committee, then House Judiciary Committee

Bill	Status
Bills WVCDL Strongly Opposed
HB 2299 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!	02/12/09 - Introduced 02/12/09 - To House Judiciary Committee
HB 3248 Exempting members of the West Virginia Senate and House of Delegates from obtaining a license to carry concealed deadly weapons throughout their terms of service This bill does exactly what its title says. WVCDL believes legislators and other elected officials do not deserve the special privilege proposed by this bill and should be subject to the same gun laws as ordinary citizens. Another legislative victory for West Virginia gun owners!	03/20/09 - Introduced 03/20/09 - To House Judiciary Committee
HB 3300 Requiring a notification be placed on drivers' license and state identification cards when granted a concealed weapons permit Same as SB 590. Another legislative victory for West Virginia gun owners!	03/23/09 - Introduced 03/23/09 - To House Judiciary Committee, then House Finance Committee

SB 590 Requiring driver's license contain concealed weapons permit notification This bill requires the Division of Motor Vehicles to place a special notation on the driver's license of all individuals who hold a concealed handgun license stating that the person holds a CHL and requires the sheriffs to share CHL information with the DMV to facilitate this program. Another legislative victory for West Virginia gun owners!	03/16/09 - Introduced 03/16/09 - Referred to the Senate Judiciary Committee