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Thread: 6 WVCDL Bills Introduced Today

  1. #1
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    Today, 6 pro-gun bills proposed by the West Virginia Citizens Defense League were introduced in the state Senate by Senator Dave Sypolt, R-Preston.

    SB 647 would provide 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.

    SB 647 is cosponsored by Senators Randy White, D-Webster; ]Shirley Love, D-Fayette; Clark Barnes, R-Randolph; John Yoder, R-Jefferson; and Vic Sprouse, R-Kanawha. SB 647 has been referred to the Senate Judiciary Committee.

    SB 648 would prohibit under state law 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. SB 648 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. Although no West Virginia gun dealers have yet been targeted by Bloomberg, our close proximity to New York City and state laws that respect the rights of law-abiding gun owners makes the question of his arrival in West Virginia not a question of if but when.

    SB 648 has been referred to the Senate Judiciary Committee.

    SB 649 will repeal the law banning the possession of weapons in the State Capitol or on Capitol grounds. Absent a stronger state preemption law, weapons could still be banned inside the buildings by posting signs at all entrances. However, passage of this bill will ensure that we may legally park in the State Capitol parking lots without having to leave our guns at home. Whether by accompanying this bill by a stronger state preemption law or administrative action, we ultimately intend to restore the right law-abiding citizens formerly had to provide for their own protection while visiting our State Capitol, which remains an open, unsecured facility at which people can come and go at will without security screenings.

    SB 649 is cosponsored by Senators Love and ]Barnes and has been referred to the Senate Government Organization committee, followed by the Senate Judiciary Committee.


    SB 715 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 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.

    SB 716 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 permitholders 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 enableWest Virginia to establish reciprocity with more states than might have otherwise been possible with only a reciprocity reform bill.

    SB 717 establishes a procedure for issuing nonresident concealed handgun licenses to any otherwise qualified person regardless of whether that person is a West Virginia resident. 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.

    Although today is the deadline to introduce bills in the Senate, we are continuing to work to get our remaining bills introduced in the House of Delegates, where the bill introduction deadline is this Friday.

    Please remember to visit our legislative tracking service, which is updated daily during the legislative session, at
    http://www.wvcdl.org/LegislationTracking.html

    The Senate Judiciary Committee membership directory and contact information are available at http://www.wvcdl.org/Senate_Judiciary.html

    Although we have not prepared a similar directory, the members of the Senate Government Organization Committee and links to their contact information may be found through the Legislature’s Web site at http://www.legis.state.wv.us/committees/senate/gov_organization/sencomGOVO.cfm?Chart=govo

    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  2. #2
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    These look like good bills for WV. I do hope that reciprocity reform can be passed. I understand that you are trying to get more states to recognize WV. I hope that you can get uniform reciprocity (all states recognized) or "common courtesy recognition" (States which honor WV permit/licenses, will be honored in WV). As there are some states, (like my state) which honor WV permits, yet WV does not honor our permit.

    ProguninTN

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    ProguninTN wrote:
    These look like good bills for WV. I do hope that reciprocity reform can be passed. I understand that you are trying to get more states to recognize WV. I hope that you can get uniform reciprocity (all states recognized) or "common courtesy recognition" (States which honor WV permit/licenses, will be honored in WV). As there are some states, (like my state) which honor WV permits, yet WV does not honor our permit.

    ProguninTN
    We're working on it.

    WV's reciprocity stinks to say the least. I certainly hope we can get it fixed in the not to distant future.

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    Agent6-3/8 wrote:
    ProguninTN wrote:
    These look like good bills for WV. I do hope that reciprocity reform can be passed. I understand that you are trying to get more states to recognize WV. I hope that you can get uniform reciprocity (all states recognized) or "common courtesy recognition" (States which honor WV permit/licenses, will be honored in WV). As there are some states, (like my state) which honor WV permits, yet WV does not honor our permit.

    ProguninTN
    We're working on it.

    WV's reciprocity stinks to say the least. I certainly hope we can get it fixed in the not to distant future.
    That's good to hear. Perhaps, one of these days it will get fixed, and I'll make another visit to WV.

    ProguninTN

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    good luck with these efforts, folks.

    until my (non-resident) VA permit is recognized, i will be only too happy to OC in WV.

    -****

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    WVCDL wrote:
    This bill will nullify the open carry bans in Charleston & Dunbar,
    are these the only two places in WV with open carry bans?

    i live in PA, but often come down to your beautiful state to hike/camp/climb/cave, etc.

    since my PA concealed carry permit is no good in WV, i open carry there...but i'm always a little worried about the grandfather clause in your pre-emption law when i am in a town. are these the only two towns i have to worry about?

    thanks!

  7. #7
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    LittleRedToyota wrote:
    WVCDL wrote:
    This bill will nullify the open carry bans in Charleston & Dunbar,
    are these the only two places in WV with open carry bans?

    i live in PA, but often come down to your beautiful state to hike/camp/climb/cave, etc.

    since my PA concealed carry permit is no good in WV, i open carry there...but i'm always a little worried about the grandfather clause in your pre-emption law when i am in a town. are these the only two towns i have to worry about?

    thanks!
    To the knowledge of everyone who has contributed to this discussion, yes. I also encourage you to join the West Virginia Citizens Defense League's call for the governor to veto HB 3074, a severely flawed concealed carry reciprocity reform bill that, among many other problems, will completely bar the establishment of reciprocity with PA. The governor has until Wednesday, April 4 to sign the bill, veto it, or let it become law without his signature.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  8. #8
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    Thanks for the info.

    I will send your governor e-mail explaining that I would spend many more dollars in WV if the state had reciprocity with PA...that I like outdoor activities, but often stay in PA even though better opportunities for outdoor activity exist in WV simply because my PA LTCF is not honored in WV.

    Prolly won't do much good, but I think tourism is a fairly big industry in WV, so maybe he'll consider that in making his decision.

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