Senate Bill No. 387

(By Senators Unger, Snyder, Nohe, Yost and Williams)

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[Introduced February 2, 2011; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-25c, relating to allowing retired officers to carry a concealed weapon in accordance with federal law.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-2-25c, to read as follows:

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-25c. Rules generally; retired qualified law-enforcement officers carrying concealed weapons upon retirement.

    (a) For purposes of this section, unless the context otherwise indicates:

    (1) “Qualified law-enforcement officer” means an employee of a government agency who:

    (A) Is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of, or the incarceration of any person for, any violation of law and has statutory powers of arrest;

    (B) Is authorized by the agency to carry a firearm;

    (C) Is not the subject of any disciplinary action by the agency;

    (D) Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm; and

    (E) Is not prohibited by federal law from receiving a firearm.

    (2) “Firearm” does not include any machine gun, any firearm silencer and destructive device as defined in the Federal “Law Enforcement Officers Safety Act of 2004."

    (b) Qualified law-enforcement officers shall be permitted to carry firearms and weapons and no license may be required for the privilege.

    (c) Any qualified law-enforcement officer who is eligible for retirement with at least twenty years of service who has resigned in good standing from such law-enforcement agency or board is authorized by state law to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce pursuant to the federal Law-Enforcement Officers Safety Act of 2004.

    (d) The Superintendent of the West Virginia State Police will create a “Retired Carry Course” that qualified law-enforcement officers are required to take every year for a fee of $25 to receive a valid ID to carry a concealed firearm in accordance with federal law.