H. B. 2011
(By Delegate Love)
[Introduced January 12, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article fourteen, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
three-a, relating to authorizing retired municipal police
officers to carry a firearm without cost of a license.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-a, to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL
ZONE AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.
§8-14-3a. Right to carry firearm.
A municipal police officer, upon retirement or medical
discharge with the written consent of the chief of police, may
carry a handgun for a period of five years following retirement
or medical discharge without the license or bond required by the
provisions of article seven, chapter sixty-one of this code.
Upon request each municipal police officer shall be presented
with a letter of authorization signed by the chief of police
authorizing the retired or medically discharged member to carry
a handgun, and the written authorization shall be carried by the
retired or medically discharged municipal police officer at all
times that he or she has a handgun on his or her person. The
chief of police may revoke the authority at any time without
cause and without recourse. Conviction of the retired or
medically discharged municipal officer for the commission of any
felony or for a misdemeanor involving the improper or illegal use
of a firearm shall cause this authority to terminate immediately
without a hearing or other recourse and without any action on the
part of the chief of police. The authority granted herein shall
be for a period of five years immediately following retirement or
medical discharge and shall not be renewed or extended for a
longer term.
NOTE: The purpose of this bill is to authorize a retiring
municipal police officer to carry a firearm without cost of a
license.
This section is new; therefore, strike-throughs and
underscoring have been omitted.