WV permitless carry effecytive 5-24

[swinokur]

From handgunlaw.us

WV Permitless Carry Effective Date 5/24/16. . . VA Exec. Order

West Virginia Attorney General Patrick Morrisey has announced that the effective date of West Virginia’s Permitless Carry Law will be May 24, 2016. The previous date announced was June 5th. You can read his reasoning for moving up the date Here:
Attorney General Morrisey Provides Guidance on Constitutional Carry Implementation

Virginia Governor McAuliffe issued an Executive Order in December 2015 banning firearms in all buildings under the control of the Executive Branch. Last week he Virginia Citizens Defense League President put out a letter concerning this and that the Governor has no legal grounds to post those buildings. You can read the letter Here: http://www.handgunlaw.us/documents/VCDLGovBuildBan.pdf This letter forced Brian Coy, the governor’s spokesperson, to reply and he affirmed the order is a policy and if a gun owner is asked to leave at one of these locations, and didn’t leave immediately the punishment would be trespassing. "If you enter a facility that's under the purview of this order, you'll be asked to leave or you'll deny entry. If you're respectful, that should be the end of the story," said Coy.

The above is just one instance of the VCDL taking up the cause for gun owners/carriers. There are other great state groups that are doing your bidding at the state level and making a huge difference. Handgunlaw.us highly recommends if you are not a member of your state RKBA’s Org you should join. They are doing the bulk of the work in keeping and expanding our rights to carry in their respective states. You can view a list of states and their RKBA’s Org Here: http://www.handgunlaw.us/documents/state_rkba_orgs.pdf If you Organization is not listed please drop me an email at admins@handgunlaw.us and we will add your Organization to the listing.​

 

[Storm40]

Apparently, it only applies to residents, though. I've contacted the State's Attorney's office to specifically ask. If I get an answer, i'll post it, but for now it appears that there won't be any CC vacationing

 

[PapiBarcelona]

Im pretty sure "constitutional carry" is not residency specific. Something about equal rights protection

 

[swinokur]

Apparently, it only applies to residents, though. I've contacted the State's Attorney's office to specifically ask. If I get an answer, i'll post it, but for now it appears that there won't be any CC vacationing

do you have a cite? WVCDL never mentioned residents only.

 

[SWO Daddy]

Im pretty sure "constitutional carry" is not residency specific. Something about equal rights protection

Agree. OTOH, my recollection is that Open Carry is only permitted for residents in WV...

 

[swinokur]

nope. The WV SP tried that BS and got slapped down by the AG IIRC.

 

[swinokur]

Applies to everyone

.

 

[Storm40]

do you have a cite? WVCDL never mentioned residents only.

I called the WV SP yesterday and was told residents only (but the lady very nicely invited me to open carry - not kidding, she was so nice about it), effective the 26th. Today, i saw the press release on nra-ila saying the 24th. Today at lunch, I read the text of the house bill from the WV legislature page that said "United States Citizens". Then I read this. So... I actually called the WV State's Attorney General office to ask for clarification, but there is conflicting guidance to say the least. If i get a reply, i'll update the thread.

 

[swinokur]

The bill's plain language says US Citizen, not residents. I believe it was passed as written.

waiting for clarification I guess

 

[Norton]

I called the WV SP yesterday and was told residents only (but the lady very nicely invited me to open carry - not kidding, she was so nice about it), effective the 26th. Today, i saw the press release on nra-ila saying the 24th. Today at lunch, I read the text of the house bill from the WV legislature page that said "United States Citizens". Then I read this. So... I actually called the WV State's Attorney General office to ask for clarification, but there is conflicting guidance to say the least. If i get a reply, i'll update the thread.

When it comes to WV law, you are always going to have to read the law for what it says. If you rely on opinions from various agencies, you are almost always going to get conflicting information and rarely will it be accurate.

There are long standing problems with interpretations of law between the DNR people and the state police, and in some place conflicting text in the laws that the respective agencies enforce.

The attorney general needs to issue a clarification.

 

[Gary Slider]

Here is the section of law that spells out that a permit is not needed by a person 21 years of age or older. No where does it state Resident, Resident of WV, WV Resident. It states Person or ANY PERSON!!! The only time Resident is used in the Law is in this sentence: (2) A United States citizen or legal resident thereof;

§61-7-7. Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties.

(a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who:

(1) Has been convicted in any court of a crime punishable by imprisonment for a term 3 exceeding one year;

(2) Is habitually addicted to alcohol;

(3) Is an unlawful user of or habitually addicted to any controlled substance;

(4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession: Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;

(5) Is an alien illegally or unlawfully in the United States;

(6) Has been discharged from the armed forces under dishonorable conditions;

(7) Is subject to a domestic violence protective order that:

(A) Was issued after a hearing of which such person received actual notice and at which
such person had an opportunity to participate;

(B) Restrains such person from harassing, stalking or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

(C)(i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(8) Has been convicted of a misdemeanor offense of assault or battery either under the provisions of section twenty-eight, article two of this chapter or the provisions of subsection (b) or (c), section nine of said article or a federal or state statute with the same essential elements in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant's child or ward or a member of the defendant's household at the time of the offense or has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.
Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in the county jail for not less than ninety days nor more than one year, or both.

(b) Notwithstanding the provisions of subsection (a) of this section, any person:

(1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense; or

(2) Who has been convicted in this state or any other jurisdiction of a felony controlled 4substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in sections two hundred four, two hundred five and two hundred six, article two, chapter sixty-a of this code and who possesses a firearm as such is defined in section two of this article shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than five years or fined not more than $5,000, or both. The provisions of subsection (f) of this section shall not apply to persons convicted of offenses referred to in this subsection or to persons convicted of a violation of this subsection.

(c) Any person may carry a concealed deadly weapon without a license therefor who is:

(1) At least twenty-one years of age;

(2) A United States citizen or legal resident thereof;

(3) Not prohibited from possessing a firearm under the provisions of this section; and

(4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).

(d) As a separate and additional offense to the offense provided for in subsection (a) of this section, and in addition to any other offenses outlined in this code, and except as provided by subsection (e) of this section, any person prohibited by subsection (a) of this section from possessing a firearm who carries a concealed firearm is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than three years or fined not more than $5,000, or both.

(e) As a separate and additional offense to the offense described in subsection (b) of this section, and in additional to any other offenses outlined in this code, any person prohibited by subsection (b) of this section from possessing a firearm who carries a concealed firearm is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than ten years or fined not more than $10,000, or both.

(f) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.

(g) Any person who has been convicted of an offense which disqualifies him or her from possessing a firearm by virtue of a criminal conviction whose conviction was expunged or set aside or who subsequent thereto receives an unconditional pardon for said offense shall not be prohibited from possessing a firearm by the provisions of the section.

 

[swinokur]

Thank you Gary for the clarification.

 

[Gary Slider]

I have talked via phone to my contact in the WV Attorney Generals Office and they confirmed there is no WV Residency requirements. US Citizen or Legal Resident. 21 Years of Age or Older. Can Legally Possess a Firearm. They will look into reports that the WV State Police are stating Resident Only!

 

[swinokur]

wow sounds like WVSP operate like MSP.

5 questions the same. 5 different answers.

who knew?

 

[Storm40]

I have talked via phone to my contact in the WV Attorney Generals Office and they confirmed there is no WV Residency requirements. US Citizen or Legal Resident. 21 Years of Age or Older. Can Legally Possess a Firearm. They will look into reports that the WV State Police are stating Resident Only!

That's great. Was the text you quoted the law as it was passed? I'd like to print it out before I go on my CC vacation

 

[Gary Slider]

http://www.legis.state.wv.us/Bill_S...nput=4145&year=2016&sessiontype=RS&btype=bill The entire profile of the bill and all the votes etc.

http://www.legis.state.wv.us/Bill_S...HB4145 SUB ENR.htm&yr=2016&sesstype=RS&i=4145 Wording of the bill as Statute

 

[Storm40]

http://www.legis.state.wv.us/Bill_S...nput=4145&year=2016&sessiontype=RS&btype=bill The entire profile of the bill and all the votes etc.

http://www.legis.state.wv.us/Bill_S...HB4145 SUB ENR.htm&yr=2016&sesstype=RS&i=4145 Wording of the bill as Statute

You, sir, are my hero. I'm going to print it out and take it with me. Can't be too careful, but honestly, I can't imagine anyone even noticing or caring. Maybe I'm just a MD victim of BGOS

 

[paperwork351]

Any requirement to notify LE that one is carrying?

 

[Pushrod]

Any requirement to notify LE that one is carrying?

No, no requirement for notification.

 

[fivepointstar]

the only requirement is you have to be married to your sister or dating your mom.

Amazing how imaginary lines we call states affect our rights.