H. B. 4329
(By Mr. Speaker, Mr. Kiss, and Delegates Caputo,
Browning, Warner, Staton, Amores and Carmichael)
[Introduced February 6, 2004; referred to the
Committee on the Judiciary.]
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 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 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, 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 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. It also removes the requirement of these persons to be
bonded by the Division of Public Safety.
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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