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)
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[Introduced January 16, 2004; 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 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 West Virginia state police 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 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 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.
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