ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 181
(Senators Unger, Kessler, McCabe, Caldwell, Harrison, Snyder, Oliverio,
Ross, Smith, Sprouse, Hunter, Love, Dempsey, Weeks, White, Fanning,
Prezioso, Jenkins, Rowe, Plymale, Bowman, Edgell, Sharpe, Minear, Minard and
Tomblin, Mr. President, original sponsors)
____________
[Passed March 11, 2004; in effect ninety days from passage.]
____________
AN ACT to amend and reenact §15-2-25 of the code of West Virginia,
1931, as amended, relating to permitting a retired member of
the state police to carry a concealed weapon for the life of
the member.
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.
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.
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 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.
Email
Webmaster | © 2024 West Virginia Legislature **
