Senators passed legislation allowing 18- to 20-year-olds carry a concealed weapon without a permit.
The bill passed on a 33-1 vote. The legislation now goes to the House of Delegates, where members have been running a version of the same policy through committee.
“With this bill, the Legislature is recognizing the 2nd Amendment right of all adult West Virginians to constitutional carry at 18 years of age by eliminating the requirement for an 18- to 21-year-old to obtain a provisional concealed handgun license,” said Senate Judiciary Chairman Tom Willis, R-Berkeley.
Senate Bill 30 would effectively standardize concealed carry regulations across all age groups of legal adulthood within the state. Much of the bill just strikes out what have been limitations placed on gun owners aged 18 to 20.
Under the bill, 18- to 20-year-olds would no longer face criminal penalties for carrying a hidden weapon without a provisional license. The bill outlines specific legal prohibitions that still apply, such as restrictions for those with certain criminal convictions, substance addictions or mental health adjudications.
Senator Joey Garcia, the only no vote, said the provision for 18- to 20-year-olds has existed because “having a permit will provide for a number of things that will protect their safety. The main thing is the training course that you have to take for that.”
Garcia, D-Marion, said other areas of the law have some prohibitions for people as young as 18, including alcohol consumption. “I think there is a rationale behind having a little more protectiveness for, still in many cases, kids who are at risk or are vulnerable.”
Senator Chris Rose, D-Monongalia, asked if people as young as 18 can join the military, carry firearms in military service and go to war.
“Then why should we deny them their full constitutional rights at age 18 if they’re old enough to go to war to defend the United States Constitution?” Rose asked.
Garcia responded that, “In those instances somebody who is in the armed forces is going to receive the type of training that we’re talking about.”
Rose spoke in favor of the legislation. “This is constitutional cleanup to restore the full 2nd Amendment rights of 18- to 20-year-olds in this state,” he said.
Senators also advanced another gun bill, SB 478, Second Amendment Reaffirmation and Protection Act. It will be up for passage as soon as Wednesday.
The House Judiciary Committee today began discussing HB4106, allowing constitutional carry for 18- to 20-year-olds. This is the same concept as the Senate bill on that topic.