Justice Signs Senate Bill 10, The Campus Carry Act

Proponents say this law strengthens Second Amendment protections in West Virginia. But SB10 comes with many questions about implementation and concerns about the limitations on the new self-defense safeguards coming into place.

Gov. Jim Justice signed Senate Bill 10, The Campus Self-Defense Act, into law on Wednesday.

The new law authorizes the carrying of concealed pistols or revolvers under certain circumstances and in certain areas on the grounds of an institution of higher education. It prohibits firearms in numerous campus settings including stadiums, on-campus daycare, individual office settings, disciplinary hearings, and dormitory rooms, with concealed carry allowed in dorm public rooms like study halls and lounges 

Proponents say this law strengthens Second Amendment protections in West Virginia. But SB10 comes with many questions about implementation and concerns about the limitations on the new self-defense safeguards coming into place.

National Rifle Association State Legislative Action Director Art Thomm was the bill signing event host, delivering a very pointed introduction.

“This is a big day not only for West Virginians, but for law-abiding gun owners across the country who may choose West Virginia for employment or higher education,” Thomm said. “Threats to personal safety don’t disappear once you step on campus. Criminals do not abide by gun free zones. We have the most pro-gun governor West Virginia has seen in a very long time.”

West Virginia Citizens Defense league members also packed the room. The governor told them he hoped this would not be the only answer to solving the campus shooting crisis.

But absolutely, without a question when that situation happens, if we have gun-free areas, to where there’s no way we can defend ourselves, then it seems like those are the targets that are targeted many, many, many times,” Justice said.

Two of the 88 republicans in the House voted against Senate Bill 10, Speaker Roger Hanshaw and Del. Erikka Storch, R-Ohio. Storch said she made her decision by listening to her constituents and her family.  

“I have a 25, 23 and 17 year old and like I said, it was really outreach from my constituents. Nobody really thought it was going to do anything to advance the state,” Storch said. “I don’t think people are looking at West Virginia for their higher education opportunities on the basis of if they can bring guns, if they can’t bring guns, it just seems unnecessary. And we’re just, I don’t want to say necessarily catering to the gun lobby but that was another issue that they wanted to get across the finish line.”

Following the signing, West Virginia University President Gordon Gee, one of many state campus leaders opposed to campus carry, said in a statement he will create a new Campus Safety Group which will make recommendations relating to overall campus safety.  

“I know this legislation leaves many feeling uncomfortable and brings forward many questions. Some may be unsure of their safety and well-being. Others may feel relief. We all have several questions as to how this will be implemented on our campuses,” Gee said in the statement. “We have opposed this type of legislation many times in recent years, firmly believing that local control is the best path forward. We reiterated this to lawmakers on multiple occasions again this year. However, now that this bill has been signed into law, we must come together as a community and work through the implications as it relates to the overall safety of our campuses.”

Del. Sean Hornbuckle, D-Cabell, said there will be a need to increase monitoring and counseling on campuses, given concerns over mounting student mental health and suicide issues.  

“They’re going to have to figure out ways and get resources which they might have to come to us for, for mental health,” Hornbuckle said. “Making sure that we are protecting each and every student, and we’re addressing things before they ever get to a tragic standpoint.”

Testimony in committee and on the House floor noted it would cost WVU about $300,000 to fund campus carry security requirements even more for smaller colleges and universities. Storch said there was no funding in the bill. 

We’re not increasing their budget line items to give them any more money to deal with, to keep out of the safe places where guns aren’t permitted, to come up with the devices for them to secure them in their dorm rooms,” Storch said.

Just before putting pen to paper, Justice said the Campus Self-Defense Act evens a potentially deadly playing field. 

“Does anybody here not think that has a brain in your head, that just because we don’t have this campus carry, that people can’t bring guns on our campuses,” Justice said. “I mean, for crying out loud, the doors are wide open. This is just saying the law-abiding people have a right to be able to carry if they choose to do so.” 

West Virginia joins 11 states in allowing campus carry. The law goes into effect on July 1, 2024.

W.Va. House Backs Employee Guns in Locked Cars

West Virginia’s House has voted 85-14 to let employees bring loaded guns to their workplaces as long as they are locked in their cars.

The bill, titled the “Business Liability Protection Act,” now goes to the Senate.

Supporters say it would expand Second Amendment rights.

Critics say it makes workplaces more dangerous and West Virginia less attractive to companies that want to control their premises.

It says the owner or manager of a property cannot prohibit any customer, employee or invitee from having a legally owned gun in its parking lot provided the weapon is inside a locked vehicle or compartment.

They would be prohibited from asking whether anyone has a gun locked in their car or truck.

Violations would be subject to civil penalties up to $5,000.

Group Says Domestic Violence Gun Laws a Mixed Bag

West Virginia law bars domestic abusers from having guns, but gun safety groups say more can be done.

In 2000, West Virginia made it illegal for people convicted of misdemeanor domestic abuse to have a gun. In 2012, the state began requiring that domestic violence protective orders ban respondents from having guns.

According to the Law Center to Prevent Gun Violence, West Virginia doesn’t establish a procedure to remove guns from domestic abusers as soon as they become prohibited.

An Associated Press review shows more than a dozen states have strengthened laws designed to keep firearms out of the hands of domestic abusers over the past two years.

FBI records reviewed by AP show guns were used in 65 domestic-related killings in West Virginia from 2006 to 2014.

W.Va. Concealed Permit Holders Exempt from Background Checks

West Virginians who obtain concealed handgun permits won’t have to undergo additional background checks when they buy firearms from licensed dealers.

Attorney General Patrick Morrisey says the state’s concealed handgun licensing process now qualifies as an alternative to the Brady Law’s background check requirements.
 
The exemption applies to permits issued on or after Wednesday.
 
Morrisey says residents who have permits issued before Wednesday will have to contact the sheriff of the county in which they live to qualify their permits as alternatives to the federal background check requirements.

Martinsburg to Take Up New State Firearms Law

Martinsburg is scheduled to grapple with a new state law that prohibits municipalities from enacting ordinances regulating firearms.
 
The City County is scheduled to take up the issue at its Thursday meeting.
 
The city’s legal counsel, Kin Sayre, says the legislation invalidated some portions of the city’s municipal code, which now must be returned to the books.
 
This year, state lawmakers adopted legislation that restricts a municipality’s ability to regulate where someone with a concealed carry permit can take a firearm.
 
The Journal reports that Sayre called the state law poorly worded and difficult to enforce.

Mayor Seeks Clarification on Gun Bill

Charleston’s mayor wants clarity on whether a new state law can let people bring guns into city recreational centers that offer youth educational programs and school sports.

Mayor Danny Jones filed the complaint Wednesday in Kanawha County Circuit Court.

In the law, cities can’t prevent people with concealed carry permits from bringing guns into city recreational facilities, like swimming pools, tennis courts or after-school centers. Guns would need to be stored securely out of view and access to others.

Jones’ complaint says it’s a felony to bring guns on school grounds, and school-related sports and educational activities occur at city rec centers. The complaint argues guns shouldn’t be allowed in other city recreational centers unless lockers are available to store them.

Gov. Earl Ray Tomblin signed the gun bill Tuesday.

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