Senate Bill No. 492
(By Senator Wiedebusch)
____________
[Introduced February 19, 1996; referred to the Committee
on the Judiciary.]
____________
A BILL to amend article fourteen, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seventeen-e; and to amend article fourteen, chapter eight of
said code by adding thereto a new section, designated
section twenty-five, all relating to authorizing retired
deputy sheriffs and police officers to carry a firearm
without cost or a license.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section seventeen-e; and that article fourteen, chapter eight of said
code be amended by adding thereto a new section, designated
section twenty-five, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-17e. Right to carry firearm.
A deputy sheriff, upon retirement or medical discharge with
the written consent of the sheriff, may carry a handgun for a
period of five years following retirement or medical discharge
without the license or bond required by the provisions of article
seven, chapter sixty-one of this code. Upon request, each deputy
sheriff shall be presented with a letter of authorization signed
by the sheriff authorizing the retired or medically discharged
member to carry a handgun, and the written authorization shall be
carried by the retired or medically discharged deputy sheriff at
all times that he or she has a handgun on his or her person. The
sheriff may revoke the authority at any time without cause and
without recourse. Conviction of the retired or medically
discharged deputy sheriff 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 sheriff. 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.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-25. Right to carry firearm.
A police officer, upon retirement or medical discharge with
the written consent of the chief of police, may carry a handgun
for a period of five years following retirement or medical
discharge without the license or bond required by the provisions
of article seven, chapter sixty-one of this code. Upon request,
each police officer shall be presented with a letter of
authorization signed by the chief of police authorizing the
retired or medically discharged member to carry a handgun, and
the written authorization shall be carried by the retired or
medically discharged police officer at all times that he or she has a handgun on his or her person. The chief of police may
revoke the authority at any time without cause and without
recourse. Conviction of the retired or medically discharged
police officer 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 chief of police. 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 authorize a retiring
deputy sheriff or police officer to carry a firearm without cost
or a license.
This section is new; therefore, strike-throughs and
underscoring have been omitted.