COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 181
(By 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)
____________
[Originating in the Committee on the Judiciary;
reported February 5, 2004.]
____________
A BILL 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
and regulations for the government, discipline and control of the
division of public safety West
Virginia state police and shall also cause to be established proper
rules
and regulations for the examinations of all applicants for
appointment thereto. The members of the
division of public safety
West Virginia state police shall be permitted to carry arms and
weapons and no license
shall may be required for
such the
privilege.
Upon retirement or medical discharge from the
division of
public safety West Virginia state police and with the written
consent of the superintendent, any retired or medically discharged
member may carry a handgun for
a period of five years the life of
the member following retirement or medical discharge
notwithstanding the provisions of article seven, chapter sixty-one
of this code. A retired or medically discharged member desiring to
carry a handgun after retirement or medical discharge must provide
his or her own handgun.
If, upon retirement or medical discharge,
a member elects to carry a handgun as provided herein, the division
of public safety shall maintain and pay for the bond required under
the provisions of section five of this article for five years
following such the member's retirement or medical discharge. 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.
and the 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.
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 permit a retired member
of the state police to carry a concealed weapon for the life of the
member.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
Email
Webmaster | © 2024 West Virginia Legislature **
