H. B. 4241
(By Delegates Brown, D. Poling, Fleischauer,
Talbott, Overington and Sobonya)
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[Introduced January, 29, 2010
;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact §15-2-25 of the Code of West Virginia,
1931, as amended, relating to denial of request to carry
handgun by retired trooper living outside of West Virginia.
Be it enacted by the Legislature of West Virginia:
That §15-2-25 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or
medical discharge.
(a) Subject to the written approval of the governor and the
provisions of this article, the superintendent may make and
promulgate proper rules for the government, discipline and control
of the West Virginia state police and shall also cause to be
established proper rules for the examinations of all applicants for
appointment thereto. The members of the West Virginia state police shall be permitted to carry arms and weapons and no license may be
required for the privilege.
(b) Upon retirement or medical discharge from the West
Virginia state police and with the written consent of the
superintendent, any retired or medically discharged member may
carry a handgun for the life of the member following retirement or
medical discharge notwithstanding the provisions of article seven,
chapter sixty-one of this code: Provided, That the
superintendent's written letter of consent to carry a handgun may
not last for more than five years at a time and a retired or
medically discharged member who wishes to continue to carry a
handgun beyond five years of the date of his or her initial
retirement or medical discharge must request and obtain a renewal
of the superintendent's written permission to carry a handgun at
least once every five years. A retired or medically discharged
member desiring to carry a handgun after retirement or medical
discharge must provide his or her own handgun. Upon request, each
member shall be presented with a letter of authorization signed by
the superintendent authorizing the retired or medically discharged
member to carry a handgun. The written authorization shall be
carried by the retired or medically discharged member at all times
that he or she has a handgun on his or her person. The
superintendent may not issue a letter of authorization to any
retired or medically discharged member who is no longer employed by the state police due to a mental disability or who the
superintendent has reason to believe is mentally incapacitated to
the extent it would present a threat of physical harm to one or
more persons for the member to carry a concealed weapon. The
superintendent shall issue a letter of authorization only to a
retired or medically discharged member who resides in West
Virginia. The superintendent may revoke the authority at any time
without cause and without recourse. Conviction of the retired or
medically discharged member 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
superintendent. The superintendent shall promulgate a legislative
rule in accordance with the provisions of chapter twenty-nine-a of
this code, which rule shall prescribe requirements necessary for
the issuance and continuance of the authority herein granted.
NOTE: The purpose of this bill is authorize the
superintendent of the State Police to refuse a request to carry a
handgun when made by a retired trooper who does not live in West
Virginia.