CHARLESTON, W.Va. — The bill that would end the current permit requirement to carry a concealed handgun in West Virginia will next be taken up on the floor of the state House of Delegates.
On Wednesday, the House Judiciary Committee approved the concealed or constitutional carry bill with a 17-6 vote.
The definition of “deadly weapon” came into question when members of the committee first took up the proposal on Wednesday morning.
As written, it would lift a permit requirement to carry a concealed “handgun or deadly weapon” in West Virginia among adults over the age of 21 who are not prohibited from having firearms.
Delegate Stephen Skinner (D-Jefferson, 67) interpreted that to include items like switchblades, brass knuckles and all types explosives.
“It looks to me like any of those deadly weapons that I just described are now going to be legal for anyone over the age of 21 to carry,” he said.
Delegate Patrick Lane (R-Kanawha, 38) later followed up with a question for House Judiciary Committee counsel, “Would this bill to your knowledge, as it’s before us, change or legalize the carrying of a suicide vest down Main Street?”
“I do not believe that is the intent of the bill at all,” was the response.
The existing concealed carry permit requirement in West Virginia, the requirement this proposed bill would lift, applies to pistols and revolvers.
As proposed, people between the ages of 18 and 20 will have the option of applying to county sheriffs for a provisional license. There is a $25 fee for the license, with $5 going to the Courthouse Facilities Improvement Fund, and a requirement for training.
There is an exemption from the permit requirement for all members of the United States Armed Forces, Reserve or National Guard.
Also in the bill are enhanced penalties for the use of a firearm during the commission of a felony crime. A mandatory five year sentence cannot be reduced, according to the language of the bill.
“I thought this was a fairly simple bill that, basically, exempted folks from the permit requirements, that you could carry a concealed weapon if you’re over 21 years of age, no training, no requirements,” said Delegate Larry Rowe (D-Kanawha, 36).
“But as I’m reading through it, it ends up being a fairly complex matter.”
The House Judiciary Committee took up a committee substitute for HB4145, meaning a different version of the bill that was originally introduced, just a few hours after a public hearing on the proposal that drew roughly a dozen speakers.
“This bill has nothing to do with who’s allowed or not allowed to have firearms,” said Keith Morgan, president of the West Virginia Citizen’s Defense League, during that hearing. He is a supporter of the bill.
Dakota Moore, a lobbyist for the National Rifle Association, called the bill “the elimination of a tax on our fundamental right to self defense.”
Opposition is coming from many fronts, including the West Virginia Association of Counties.
“Our primary message to you is that the bill is fixing a process that isn’t broken,” said Patti Hamilton, executive director of the organization. “Our concealed weapons permit process works. Our citizens are not complaining about it. Training and background checks have strong public support and it works for our law enforcement.”
Dee Price Childers, a representative with the West Virginia chapter of Moms Demand Action for Gun Sense, said the bill will put guns in the hands of people who don’t know how to handle loaded guns.
Even with the bill, guns will still be prohibited at the State Capitol, courthouses, family court office space, schools, school buses and other posted notice areas.
Among the materials submitted during the public hearing were boxes of petitions, though it was not immediately clear whether those petitions were in support of or opposition to the constitutional carry bill.