West Virginia Constitutional Carry very likely in 2016

By Dean Weingarten

West Virginia Lobby Day WVCDL : West Virginia Constitutional Carry very likely in 2016
West Virginia Lobby Day WVCDL : West Virginia Constitutional Carry very likely in 2016
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Last year, West Virginia came within a cats hair of enacting Constitutional carry into law.  The law passed with veto proof margins in the House and the Senate.  It was only through insider shenanigans that the bill was sent to Governor Tomblin late enough for him to veto it without a chance for a veto override.  From wvgazettemail.com:

Lawmakers overwhelmingly approved a similar bill last year, by a 32-2 margin in the Senate and 71-29 in the House. Gov. Earl Ray Tomblin vetoed the bill, citing “overwhelming opposition” from law enforcement officers statewide.

“In light of those concerns, and in the interest of public safety, I believe a veto is appropriate,” Tomblin said in the veto message issued March 20, about a week after the 2015 regular session adjourned.

Legislative leaders are taking the bill up early this session, with the intent of assuring that the Legislature still will be in session to vote to override a potential gubernatorial veto this year.

Judiciary Committee members advanced the legislation to the House floor Wednesday evening on a 17-6 vote, with a bill that closely resembles the final version of the bill that passed the Legislature last session.

West Virginia is very likely to pass Constitutional carry into law in 2016.  The West Virginia Citizens Defense League is guarding against such underhanded tactics as were employed last year. From WVCDL LOBBY DAY 2016:

Last year the WVCDL membership was able to successfully pass 3-22 Carry (also known as permitless or constitutional carry). The bill had bipartisan support, and an overwhelming majority in the House and the Senate. Unfortunately Governor Tomblin chose to veto the bill.

3-22 Carry will be the primary focus of the WVCDL again in 2016 and this year we want to see the bill pass through the legislature with plenty of time for a veto override.

Several other states are looking to join the once exclusive, but rapidly growing Constitutional Carry club. There are about as many Constitutional carry states as there are states that still issue concealed carry permits on a “may issue” basis.  Given the Supreme Court decisions of Heller and McDonald, it is hard to see “may issue” as defensible in court.  The Ninth Circuit Court is currently re-hearing the Peruta decision en banc.  Peruta struck down “may issue” in the Ninth Circuit. If the Peruta decision stands, “may issue” systems in California and Hawaii will have to be changed.

Depending on how you define the issues and count the states, there are between 7 and 10 Constitutional carry states.  There are 6 “may issue” states concentrated in the Northeast, with California in the West and Hawaii in the Pacific adding 2 more.

Right to Carry
Right to Carry

The proposed West Virginia law has a few limitations:

That includes limiting conceal-carry without a permit to people age 21 and older who are not otherwise prohibited from possessing firearms. People between 18 and 21 would be able to obtain a provisional conceal-carry license, upon completion of a background check and a gun-safety course.

Given the overwhelming approval of Constitutional carry last year, it should not be too long before the West Virginia Legislature passes it again.

c2016 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 4 thoughts on “West Virginia Constitutional Carry very likely in 2016

    1. Outstanding article ! After reading the U.S. Constitution, and then thinking about how most politicians just disregard it in order to do what ever they want amazes me. If I’m not mistaken is it not the job of our elected officials to carry out the will of the majority of the people no matter what their personal view may be? It would appear that Gov. Tomblin along with many, many others need to be reminded of this. So Thank you Ammoland for keeping a eye on this situation, and getting the word out to the little guy.

    2. Thank you Ammoland & Mr.Weingarten for posting such a finely written article on WV 3-22 Constitutional Carry in our legislature. As a resident of West Virginia, lawful gun owner, & member of the WVCDL I am very excited to see this part of our State Constitution become WV law code. Taxation for the CHL’s will still continue with the sheriff’s offices as they are a necessity to be in reciprocity with other states whom honor WV. Just that many residents to not even leave the state thus not needed to keep an active CHL up to date. Thanks again!

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