Tag: Concealed Carry

Tomblin Vetoes Concealed Carry Bill

Surrounded by law enforcement officers from across the state, Gov. Earl Ray Tomblin vetoed a bill that would allow anyone over the age of 21 in West Virginia to carry a concealed weapon without a permit. 

The bill approved by lawmakers last month also removes the requirement to take a safety training course in order to carry a concealed handgun.

Tomblin expressed concerns about public safety before announcing his veto, pointing to the dozens of police officers in attendance who say the change would negatively affect their jobs. 

On top of permitless carry, the bill would have allowed for provisional license for 18 to 21-year-olds, who would have to go through the permitting and safety training requirements currently in place. 

“We do not oppose good laws, but when something endangers the lives of the public, we have to share our concerns,” Raleigh County Sheriff Steve Tanner said before the veto.

In his veto message, Tomblin said law enforcement officers throughout the state overwhelmingly oppose the legislation. He also said the $50 tax credit included for anyone who still goes through the permitting process is “ill-advised and unclear.”

It takes a simple majority to override a gubernatorial veto in the state.

Concealed Carry Bill Heads to Governor's Desk with Tax Credit Intact

Members of both the House and Senate approved the final version of a bill Wednesday to remove the permitting and safety training requirements for anyone over the age of 21 to carry a concealed weapon in West Virginia.

House Bill 4145 now heads to Gov. Tomblin’s desk. It includes a compromised tax credit of $50 for completing the optional permitting and safety training that will remain in place. 

Those processes allow West Virginians to receive a license that will be recognized by other states through reciprocity agreements. 

On Tuesday, Governor Tomblin said he would wait to see what the final version looked like before deciding whether to sign the bill, but said law enforcement officials still had concerns with the Senate version, which largely remained the same upon passage Wednesday.

House Bill 4145 includes a provisional licensing process for 18 -to -21-year-olds, who would also be eligible for the tax credit. The bill also increases penalties for anyone who carries a concealed weapon unlawfully and creates a separate felony for the use of a weapon while committing another crime. 

Tomblin vetoed a similar measure during the 2015 session, but it takes only a simple majority to override a gubernatorial veto. 

The governor has five days, not including Sundays, to consider the legislation, leaving members of the Legislature time to override the veto before the session ends on March 12.

Tomblin: Concerns Remain with Constitutional Carry Bill

Governor Tomblin was hesitant to say Tuesday whether he’d sign a Senate-approved bill that removes the permitting and safety training requirements to carry a concealed weapon in West Virginia.

The bill was approved by the upper chamber Monday and was expected to be reconsidered by the House of Delegates Tuesday; however the bill did not come up on the floor.

House Speaker Tim Armstead told members of the chamber his staff was still reviewing the changes Senators made to the legislation that originated in the House.

Along with removing the current permitting requirements, House Bill 4145 adds a provisional permitting process for 18 to 21-year-olds, and creates three new felony charges. Those charges include a felony for unlawfully carrying a concealed weapon and increased charges for using a weapon while committing another crime.

“With what went through the Senate, law enforcement officials still has a lot of concern with the bill as it went through,” Tomblin said Tuesday.

“We’ll wait to see what the House of Delegates does and what the final product is before I really make a comment on it, but I can say that law enforcement still does have concern about the bill as it stands today.”

In his veto of similar legislation approved during the 2015 session, Tomblin also cited law enforcement concerns over public safety.

The bill as amended by the Senate would need to be approved by the House before it’s sent to the governor’s desk. Otherwise, the bill will go to a conference committee where representatives of each chamber will negotiate the final version. 

Senate Approves Constitutional Carry Bill

Members of the West Virginia Senate voted  24 to 9 Monday to approve a bill allowing West Virginians over the age of 21 to carry a concealed weapon without a permit. 

The bill has already been approved by the House of Delegates, but Senators included changes that will now need to be reconsidered by the lower chamber before it heads to Governor Tomblin for a signature. 

As approved by the Senate, the bill gets rid of the current permitting and safety training requirements to carry a concealed weapon but keeps those programs in place for citizens who want to carry their weapons in states that have reciprocity with West Virginia.

The bill also establishes a provisional license for 18 to 21-year-olds to carry concealed. Those provisional licenses include safety training requirements. 

House Bill 4145 was amended in the Senate to remove a $100 tax credit for those who go through the permitting process even though it would not be required by code. Senate Judiciary Chair Charles Trump explained during a Saturday floor session such a credit would leave a millions of dollars hole in the state budget. 

The Senate’s version also creates three new felonies related to carrying concealed when they are prohibited by law or use a weapon while committing a crime. 

In a speech on the chamber floor, Democratic Sen. Corey Palumbo explained his no vote shows he stands with law enforcement officers and a majority of his constituents who opposed the relaxed concealed carry rules. Republican Sen. Kent Leonhardt argued that the bill will increase the safety of the state’s citizens.

House Bill 4145 could be taken up by the House of Delegates as soon as Tuesday. 

Senate Committee Makes Change to Concealed Carry Bill

Over two days, the Judiciary Committee considered and approved some changes to House Bill 4145. 

In its current form, the bill would remove both the permitting and safety training requirements to carry a concealed weapon in the state. It would allow 18 to 21-year-olds to obtain a provisional permit to carry concealed.

The House bill also includes increased penalties for people who unlawfully carry a gun or use a weapon to commit a crime. 

The Senate committee’s amended bill removes the $100 tax credit members of the House of Delegates included for people who go through the permitting process after the legal requirement is removed.

Wednesday, members considered an amendment presented by Senator Herb Snyder. The change would require anyone carrying concealed without a permit declare to a law enforcement officer that they had a gun when stopped or detained.

“We’ve all been contacted by a lot of people about this, but without exception the law enforcement community, the Sheriff’s Association, realizes this bill is going to pass,” Snyder told his fellow committee members. “This is the one single item repeated over and over by the contacts from law enforcement that I’ve had that law enforcement would like to have in the bill.”

The amendment failed.

An amendment to prohibit the carrying of a concealed weapon in an establishment that serves alcohol was also rejected by the committee, but the bill as amended was approved and will go to the full Senate for its consideration.

Members of the House have already approved the bill, but since Senators have made changes, the bill will have to go back to the House for another vote. If Delegates do not accept the Senate changes, the  bill will go to a conference committee, which some members of the Senate say is likely.

Senate Committee Considering Concealed Carry Changes

Senators on the Judiciary Committee are still considering amendments to a bill that would allow West Virginians to carry a concealed weapon without a permit after a meeting Tuesday. 

The Constitutional carry bill, as it’s commonly referred to, could remove both the permitting and safety training requirements under current West Virginia code to carry a concealed handgun. Both of those requirements come with fees totaling $250, something supporters of the bill say is prohibitive.

Members of the Judiciary Committee began considering amendments to the bill Tuesday, including a new version of the legislation that removes tax credits for permits and safety courses included in the House-approved version.

Judiciary Chairman Sen. Charles Trump said Tuesday what he is sure of is that the bill passed by his committee will include stricter penalties for people who unlawfully carry a weapon or commit a crime using a weapon.

“Obviously an object of the bill is to make it easier and to quit charging people fees when they’re law-abiding citizens, but at the same time, the concerns that have been addressed by law enforcement we want to address. Bad people with guns, people who have criminal records and are not allowed to have guns, we’re going to ramp up penalties for those people if they strap on a weapon.”

Governor Tomblin vetoed a similar piece of legislation after the 2015 session.

Members of the committee will continue discussing proposed amendments Wednesday morning.

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