WEST virginia legislature

2025 regular session

Committee Substitute

for

House Bill 3181

By Delegates Howell, Heckert, Ridenour, Masters, Ward, Kelly, Linville, Pinson, Stephens, Marple, and Phillips

[Originating in the Committee on the Judiciary; Reported on March 25, 2025]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §30-29-15, relating to law-enforcement purchase of service handguns; authorizing certain law-enforcement officers to purchase service handguns upon honorable separation; providing exceptions for when a service handgun may be purchased; providing that this section does not supersede other specific laws; and creating definitions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-15. Purchase of service handgun by law-enforcement officers separating honorably.

(a) Every chief executive, law-enforcement officer, or law-enforcement official in the state who separates from his or her employing agency or ends his or her elected term of office shall be given the opportunity to purchase his or her issued service handgun at cost: Provided, That the employing agency may sell the service handgun to the chief executive, law-enforcement officer, or law-enforcement official, only upon determining that the chief executive, law-enforcement officer, or law-enforcement official is separating honorably and is not the subject of any pending disciplinary complaints, investigations, or actions by the employing agency or the subcommittee.

(b) Notwithstanding the provisions of subsection (a) of this section, the employing agency may not sell a service handgun to any chief executive, law-enforcement officer, or law-enforcement official whom the employing agency:

(1) Knows is prohibited from possessing a firearm by state or federal law;

(2) Reasonably believes to be mentally incapacitated; or

(3) Reasonably believes would constitute a danger to any person or the community.

(c) Nothing in this section shall be construed to supersede, limit, or amend any specific provision of this code authorizing the award of a firearm to a law-enforcement officer of this state.

(d) For purposes of this section, “handgun” means a pistol or revolver as those terms are defined in §61-7-2 of this code.