West Virginia HB 3074 Signed into law.

[knight0334]

This may be a step forward with gaining a reciprocal agreement with out neighboring state.

It might get PA past WV's former requirement of training.

copy-pasted from PDO.

HB 3074 SIGNED INTO LAW; WVCDL DISAPPOINTED BUT NOT SURPRISED

Although we were not surprised, we were disappointed this morning when we heard that Governor Manchin signed HB 3074 yesterday. HB 3074 rewrites West Virginia’s concealed carry reciprocity law. Although it was promoted as a measure that will expand the number of states with which West Virginia has reciprocity, WVCDL maintained serious reservations about this bill throughout the legislative process and urged the governor to veto the bill because the bill’s language could be interpreted in a very restrictive manner that could make the bill almost worthless.

However, now that this bill is taking effect, we will be promoting a more reasonable interpretation of this law to maximize the number of states with which West Virginia has reciprocity until the law can be rewritten. WVCDL’s top legislative goal remains replacing our new reciprocity law with a law recognizing permits issued by all other states similar to existing laws in Michigan, Indiana, Kentucky, Tennessee, Missouri, Oklahoma, South Dakota, Idaho, Utah, Arizona, and Alaska. Today, there are more than 30 states which would probably extend reciprocity to West Virginia IF we were willing to recognize their permits. To carry in many of these states today, West Virginians must go through the additional time and expense of obtaining one or more nonresident permits from states such as Florida and Utah whose permits are recognized by most right-to-carry states.

A second flaw of HB 3074 is a provision denying recognition to nonresident permits issued by any state with which we have reciprocity. Even if we expand our reciprocity with other states under a favorable interpretation of this bill (which may or may not happen), most states will likely not have reciprocity with West Virginia. Visitors to West Virginia who are not residents of a reciprocal state will have no means of being able to legally carry a concealed handgun in West Virginia. Today, only 4 states’ reciprocity laws similarly discriminate against nonresident permits issued by states whose resident permits are recognized. Although many states do not allow their residents to carry a concealed handgun with another state’s permit and without obtaining a home state permit (a policy to which we do not object and which is included in a redundant provision of HB 3074), only 4 states take the further step of denying recognition to permits issued by a state to residents of a third state.

Of the states that deny recognition to nonresident permits issued by states whose resident permits receive recognition, Florida and New Hampshire both issue nonresident permits and Michigan recognizes all states’ permits unilaterally. Only South Carolina discriminates against nonresident permits issued by reciprocal states without either a universal recognition law like Michigan or a nonresident permit law like Florida and New Hampshire. South Carolina issues nonresident permits to South Carolina landowners but not to any other classes of nonresidents. Although not supported by the text of Kansas’s reciprocity law, the Kansas Attorney General currently advises the public that Kansas does not recognize nonresident permits issued by states on the Kansas recognition list. (Kansas recognizes West Virginia permits.) Pending legislation in Colorado will add a residency discrimination clause to the Colorado reciprocity law and make Colorado the third state, after South Carolina and West Virginia, to both deny recognition to other states’ nonresident permits and have neither a universal recognition law nor a nonresident permit law.

WVCDL objected to HB 3074’s denial of recognition to nonresident permits both because it was bad policy (very few states follow this policy) and we believe it violates the Privileges & Immunities Clause of the U.S. Constitution and the Right to Keep and Bear Arms Amendment of the West Virginia Constitution. See Supreme Court of New Hampshire v. Piper, 470 U.S. 274, 274 (1985) (New Hampshire’s ban on nonresident admission to state bar “violates the Privileges and Immunities Clause of Art. IV, § 2”). See also Lee v. Minner, 458 F.3d 194 (3d. Cir. 2006) (affirming trial court's holding that “'citizens only' provision of Delaware's FOIA is unconstitutional under the Privileges and Immunities Clause of Article IV, Section 2 of the United States Constitution”).

For the same reasons, we also take exception to a provision of the new law that subjects nonresidents who fail to carry their permit when carrying a concealed handgun to prosecution for carrying a concealed weapon while West Virginia licensees who fail to carry their permit are subject to a separate, lesser offense punishable only by a small fine. This provision violates both the P&I Clause and the Equal Protection Clause of the 14th Amendment.

WVCDL TO LOBBY FOR UNIVERSAL RECOGNITION LAW IN 2008

Between now and next January, we will be working to both seek a favorable interpretation of HB 3074 and to lay the groundwork for passing a universal recognition law that would replace the new reciprocity law with almost unconditional recognition of all other states’ permits, subject only to the conditions that the individual permit holder is at least 21 years old, not prohibited by federal law from possessing a firearm, and, with a short-term exception for new residents, not a resident of West Virginia. This approach is simple, straightforward, and followed by 11 states, including neighboring Kentucky. Another 12 states similarly recognize all other states’ permits with the sole added condition that the other state either recognize or agree to recognize that state’s permits.

TEXT OF NEW LAW

The following is the text of West Virginia’s new concealed carry reciprocity law, which takes effect on June 7:

§61-7-6a. Reciprocity; out-of-state concealed handgun permits.

(a) A holder of a valid out-of-state permit or license to carry a concealed handgun, as issued by another state with which the State of West Virginia has executed a reciprocity agreement, shall be recognized as valid in this state, if the following conditions are met:
(1) The permit or license holder is a resident of the issuing state;
(2) The permit or license holder is 21 years or older;
(3) The permit or license is in his or her immediate possession;
(4) The permit or license holder is not a resident of the state of West Virginia; and,
(5) The State of West Virginia has executed a valid and effective reciprocity agreement with the issuing state pertaining to the carrying and verification of concealed handgun licenses and permits issued in the respective states.

(b) A holder of a valid permit or license from another state who is authorized to carry a concealed handgun in this state pursuant to provisions of this section is subject to the same laws and restrictions with respect to carrying a concealed handgun as a resident of West Virginia who is so permitted, and must carry the concealed handgun in compliance with the laws of this state.

(c) No license or permit from another state is valid in this state if the holder is or becomes prohibited by law from possessing a firearm.

(d) The West Virginia Attorney General shall seek to enter into and may execute reciprocity agreements on behalf of the state of West Virginia with states which meet the following standards and requirements:
(1) The standards applied by the other state before issuing a concealed handgun license or permit must be equal to or greater than the standards imposed by this article;
(2) This state's law enforcement officers have continuous access to data bases on the criminal information network, twenty- four hours per day, seven days per week, to verify the continued validity of any license or permit to carry a concealed handgun that has been granted by the issuing state;
(3) The other state agrees to grant the right to carry a concealed handgun to residents of West Virginia who have valid concealed handgun permits issued pursuant to this article in their possession while carrying concealed weapons in that state; and,
(4) The states agree to apprise one another of changes in permitting standards and requirements, to provide for a prompt reexamination of whether any adopted change in licensing or permitting standards negates the states' ability to continue with the reciprocity agreement.

(e) The West Virginia State Police shall maintain a registry of states with which the state of West Virginia has entered into reciprocity agreements on the criminal information network and make the registry available to law-enforcement officers for investigative purposes.

(f) Every twelve months after the effective date of this section, the West Virginia Attorney General shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i)Whether a West Virginia resident may carry a concealed handgun in their state based upon having a valid West Virginia concealed handgun permit; and (ii) whether a West Virginia resident may carry a concealed handgun in that state based upon having a valid West Virginia concealed handgun permit, pursuant to the laws of that state or by the execution of a valid reciprocity agreement between the states.

(g) The West Virginia State Police shall make available to the public a list of states which have entered into reciprocity agreements with the State of West Virginia.

[billamj]

Definitely sounds like it has potential. Perhaps we could make our Attorney General aware of this.

[LittleRedToyota]

actually, i think this law makes it about impossible for WV to establish reciprocity with PA because it makes it so that WV can only establish reciprocity with states that have a training requirement equal to or greater than WV.

The standards applied by the other state before issuing a concealed handgun license or permit must be equal to or greater than the standards imposed by this article;

that's why the WVCDL (West Virginia Citizen's Defense League--a pro-carry organization) opposed it rather than supported it.

further, the law makes it so that WV cannot recognize non-resident permits from other states. so, for example, you cannot, as a resident of PA, get a permit from VA and use it to CCW in WV (even though WV recognizes VA permits).

until they get this law changed, there is about zero chance of PA residents being able to CCW in WV.

fortunately, open carry is legal in WV (except in two towns that had open carry bans before WV's state pre-emption tood effect...don't remember off-hand which two towns...not morgantown).

[knight0334]

actually, i think this law makes it about impossible for WV to establish reciprocity with PA because it makes it so that WV can only establish reciprocity with states that have a training requirement equal to or greater than WV.



that's why the WVCDL (West Virginia Citizen's Defense League--a pro-carry organization) opposed it rather than supported it.

further, the law makes it so that WV cannot recognize non-resident permits from other states. so, for example, you cannot, as a resident of PA, get a permit from VA and use it to CCW in WV (even though WV recognizes VA permits).

until they get this law changed, there is about zero chance of PA residents being able to CCW in WV.

fortunately, open carry is legal in WV (except in two towns that had open carry bans before WV's state pre-emption tood effect...don't remember off-hand which two towns...not morgantown).

The new law effectively discontinued the honoring of nonresident licenses.

(a) A holder of a valid out-of-state permit or license to carry a concealed handgun, as issued by another state with which the State of West Virginia has executed a reciprocity agreement, shall be recognized as valid in this state, if the following conditions are met:
(1) The permit or license holder is a resident of the issuing state;