(b) Upon retirement, a police officer is entitled to keep, without charge, his or her service weapon after a determination by the chief of police:
(1) That the police officer is retiring honorably with at least twenty years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty years of service and that he or she is totally physically disabled as a result of service as a police officer.
(c) Notwithstanding the provisions of subsection (b) of this section, the chief of police may not award a service weapon to any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the community.
Note: WV Code updated with legislation passed through the 2012 1st Special Session