Tag: Constitutional Carry

Legislature Overrides Permitless Carry Veto

Senators joined the House of Delegates in a vote to override Governor Tomblin’s veto of a bill that would allow anyone over the age of 21 to carry a concealed weapon without a permit. 

The Senate voted 23 to 11 during a Saturday morning floor session. The House had voted on the measure Friday.

Along with removing the current permitting and safety training requirements to carry a concealed weapon over the age of 21, the bill also puts a provisional licensing system in place for 18 to 20-year-olds and includes a $50 tax credit for anyone who goes through the permitting process.

The bill increases penalties for people who unlawfully carry concealed, including felons who are prohibited from carrying, or who use a weapon while committing another crime. 

Tomblin vetoed the bill Thursday during a ceremony at the Capitol, surrounded by law enforcement officers from across the state. In his veto message, Tomblin cited public safety concerns. Law enforcement also pointed to the bill’s language that would not just allow people to carry a concealed firearm, but also other weapons like knives and brass knuckles. 

A recent public opinion poll conducted by the West Virginia firm Orion Strategies found 71 percent of likely voters in the state believed people should have to get a permit in order to carry a weapon.

“This is not just a slap in the face of the Governor,” Democratic Sen. Corey Palumbo said on the Senate floor Saturday, “this is a slap in the face of the State Police, Sheriffs, municipal police, and the majority of the people of West Virginia.”

Republican Sen. Craig Blair stood to support the override, saying the measure will be a crime deterrent in the state.

“I recognize that there are issues as it relates to public opinion on this, but at the end of the day, it is a constitutional right and we really don’t see much difference between carrying in an open manner without a permit or putting a jacket on over your weapon and then being a felon,” Senate Majority Leader Mitch Carmichael said of the vote Friday.

Carmichael also said he has heard the concerns of law enforcement, but said he hopes they’ll work with lawmakers to ensure West Virginians can exercise their Constitutional rights. 

The bill will take effect in mid-May.

Permitless Carry Bill One Vote from Becoming Law

A bill to remove the permitting and safety training requirements to carry a concealed weapon in West Virginia is just one vote away from becoming law.  

Delegates voted 64 to 33 to override Governor Tomblin’s veto of House Bill 4145 Friday morning.

Surrounded by law enforcement representatives from across the state, Tomblin publicly vetoed the bill Thursday, citing public safety concerns.

Aside from removing the permitting and training requirements for people over the age of 21, the bill also sets up a provisional licensing process for 18 -to -20-year-olds and strengthens some felony laws for carrying unlawfully. 

Senate Majority Leader Mitch Carmichael expects his chamber to follow the House’s lead, even though a recent public opinion poll found 71 percent of likely West Virginian voters are opposed to the change.

“I recognize that there are issues as it relates to public opinion on this but at the end of the day, it is a constitutional right,” Carmichael said, “and we really don’t see much difference between carrying in an open manner without a permit or putting a jacket on over your weapon and then being a felon.”

The Senate is expected to vote to override the veto Saturday morning.

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.

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.

Constitutional Carry Bill Pulled from Senate Committee Agenda

The Senate Judiciary Committee pulled a bill to remove the permitting requirements to carry concealed weapons in the state from its agenda Monday afternoon. The decision, which came without an explanation during the meeting from Chair Charles Trump, came the same day as a public hearing on the issue. 

“With the push of that green button you told 1 million lawful gun owners in West Virginia that you believed in them,” West Virginia Citizens Defense League lobbyist Art Thomm told lawmakers during the hearing, speaking of a similar bill both the House and Senate approved during that 2015 session. That bill was vetoed by Governor Tomblin.

The 2016 legislation, already approved by the House of Delegates, would allow West Virginians over the are of 21, who are legally allowed to carry a gun currently, to carry a weapon concealed without a permit. It would also allow West Virginians from 18 to 21-years-old to obtain a permit after taking a safety course, like the one currently required under state code.

Members of the Citizens Defense League as well as a representative of the National Rifle Association spoke at the public hearing Monday, asking lawmakers to remove barriers for West Virginians to express their second amendment rights like cost. 

“We can’t as a society just hope that everybody knows what they’re doing,” Frank Hartman with the West Virginia Association of Counties said during the hearing. “The whole fundamental premise of a good guy with a gun stopping a bad guy with a gun is that the good guy knows what they’re doing.”

The association, according to Hartman, would support getting rid of the current fees for a concealed weapons permit if lawmakers kept the safety training course requirement in place. 

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