COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 387

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

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[Originating in the Committee on the Judiciary;

reported February 23, 2011.]

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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; directing the Superintendent of the State Police to create a firearms course; and establishing a fee for said course.

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 retired law-enforcement officer” means an individual who:

    (A) Retired in good standing from service with a public agency as a law-enforcement officer, other than for reasons of mental instability;

    (B) Before such retirement, was authorized by a 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 had statutory powers of arrest;

    (C)(i) Before such retirement, was regularly employed as a law-enforcement officer for an aggregate of fifteen years or more; or

    (ii) Retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

    (D) Has a nonforfeitable right to benefits under the retirement plan of the agency;

    (E) During the most recent twelve-month period , has met, at the expenses of the individual, the State’s standards for training and qualification for active law-enforcement officers to carry firearms;

    (F) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

    (G) Is not prohibited by Federal law from possessing 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 retired law-enforcement officers shall be permitted to carry firearms and weapons and no license may be required for the privilege.

    (c) Any qualified retired law-enforcement officer 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 and administer 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.