H. B. 2149

 

(By Delegates Folk, J. Nelson, McGeehan, Frich, Faircloth, Hamilton, A. Evans

Gearheart, Householder, Shott and Butler)


[Introduced January 20, 2015; referred to the

Committee on the Judiciary.]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-4a, relating to dangerous weapons; license to carry a concealed weapon; and providing an exemption of license information from disclosure under the West Virginia Freedom of Information Act.

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 §61-7-4a, to read as follows:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4a. Public disclosure of license information; exceptions.

            (a) All records pertaining to the issuance, renewal, expiration, suspension or revocation of a license to carry a concealed weapon, including names and addresses of applicants, licensees and past licensees; all records obtained pursuant to any investigation into the application for a license by any sheriff or agent or employee thereof; and all records pertaining to a criminal or mental health history check conducted on any applicant, licensee or past licensee, are exempt from disclosure under the Freedom of Information Act, article one, chapter twenty-nine-b of this code.

            (b) Information or other records otherwise exempted may be released to a law-enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license. The name of an applicant, licensee or past licensee may be released as contained in investigative or arrest reports of a law-enforcement agency that are subject to release as public records.


            NOTE: The purpose of this bill is to exempt records of concealed weapon license applications and issuance from disclosure under the West Virginia Freedom of Information Act.


            §61-7-4a is new; therefore, it has been completely underscored.