ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 210
(By Senators Unger, Prezioso, Caldwell, Smith, Bailey, Kessler,
Plymale, Bowman and Sprouse)
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[Originating in the Committee on the Judiciary;
reported January 28, 2003.]
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A BILL to amend and reenact section twenty-five, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, 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 section twenty-five, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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 the
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.