WV: Governor Tomblin Vetoes Constitutional Carry, Again!

By Dean WeingartenEarl Ray Tomblin WV gov

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)-
As shown on the West Virginia legislative page, Governor Tomblin has vetoed the Constitutional carry bill for the second year in a row.  Last year, 2015, Governor Tomblin vetoed a Constitutional carry bill after the legislature had adjourned. Today, 3 March, 2016, another Constitutional carry bill, HB 4145 was recorded as vetoed. From state.wv.us:

Vetoed
H Vetoed by Governor 3/3/16 03/03/16
H Vetoed by Governor 3/3/16 – House Journal 03/03/16
S To Governor 2/26/16 – Senate Journal 02/27/16

The West Virginia legislature can override his veto with simple majorities in both houses.  From wv.us:

Action by the Governor 

After a bill passes both chambers in the same form, it is sent to the governor. While the Legislature is in session, the governor has five days to approve or veto a bill he or she receives. After the Legislature adjourns, the governor has 15 days to act on most bills. However, the budget bill and supplemental appropriations bills must be acted upon by the governor within five days regardless of when they are received. If the governor does not act within these time limits, bills automatically become law without his or her signature.

Overriding a Veto

 If the Legislature is still in session when the governor vetoes a bill, a simple majority vote of the members of both legislative bodies is necessary to override the veto. In cases when a budget bill or supplemental appropriation bill is vetoed, a two-thirds vote of the members of both houses is needed to override the veto.

The West Virgina Legislature has until 12 March to override Governor Tomblin's veto.  That is six working days from now.  The bill passed with overwhelming support.  68-31 in the House, 24-9 in the Senate.  Now we will see if the legislators really meant it when they voted for Constitutional carry.  As noted in the West Virginia legislative procedures above, only a simple majority is needed in the votes to override this veto.  It is expected that the legislature will do so.  We do not have many days to wait to find out.

Constitutional carry refers to the state of law at the time the Second Amendment and the entire Bill of Rights was ratified, on December 15th, 1791.  At that time there were no restrictions on the carry of arms; openly, or concealed.  State laws are approximations of this, with some having minor restrictions for age, mental incompetence, or felony convictions.

Six states have restored constitutional carry to various degrees.  They are Alaska, Arizona, Arkansas, Kansas, Maine and Wyoming.  Vermont has had constitutional carry for its entire history, so it did not need to restore it.

In addition to West Virginia, legislation is also being considered in Indiana, Colorado, Idaho, Louisiana, Mississippi, Montana, New Hampshire, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Utah.  Mississippi enacted a law last year that is very close to Constitutional carry.  Constitutional carry is the law in 99% of Montana and Idaho.

15 years ago, Constitutional carry was a dream for most Second Amendment supporters.  Many derided it as unobtainable.  It has been restored in 6 states, and is being debated in 15 others, some of which have passed bills with veto proof majorities in previous years.

©2016 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.

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AlanWysockiWild BillWild Billjohn carr Recent comment authors
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Alan
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Alan

Dumb question perhaps but what keeps the W.VA legislature from overturn the governor’s action, especially since, as I understand, a simple majority vote of the legislature would suffice.

Shaft
Guest
Shaft

How about firing this POS.

Shaft
Guest
Shaft

And the Fees go on

james
Guest
james

I hope the Veto is overridden by the deadline.

Too bad they can’t get the Gov recalled.

175jfs
Guest
175jfs

Being nice has gotten us nothing for 20 years (or even 140 years).
There comes a point when you stop asking and start demanding.
If those from whom you ask refuse, you demand.
If those to whom you demand balk, you vote them out.
Eventually, they’ll get the picture as we proved this last election cycle.
Make it VERY expensive for this HACK, primary him OUT.

mikrat
Guest
mikrat

This what you get when you keep Asking for and Waiting for a Government to give you permission to do what you already have a Natural Born right to do.

STOP ASKING FOR PERMISSION!

Amerika – Land of the Fee and Home of the Most Docile Slaves.

Gregory S. Varner
Guest
Gregory S. Varner

Amen Brother ! I feel it is better to have it and not need it than to need it and not have it ! I shouldn’t have to pay to carry something that is my Constitional Right to have and own in the US

Wysocki
Guest
Wysocki

There is no other country like ours that has allowed not only its citizens to shoot and kill more than 80 people each and every day, we are the only country like ours that lawfully allows its cops to kill 3 humans a day. Somehow, crime has not exploded in these other countries like ours. Somehow, the mentally ill are not killed by their cops. Here in the US a minimum of 27% of all deaths by cops are mentally ill. Somehow, the cultures in each of these countries shame gun users and abusers enough that it is not socially… Read more »

Vanns40
Guest
Vanns40

Your statistics are factually biased and come straight from the Brady and VPC playbook. When you say “shoot and kill” you fail to mention that that includes drug dealers shooting each other, law abiding citizens defending themselves and law enforcement stopping criminals. A very convenient omission by you. You are correct on one point. We must change our thinking. 22,000 gun laws don’t work and yet we continue to say “just give us one more”. That is the height of folly. Let’s start repealing these laws. I’m pretty sure the French and Germans who were attacked would also agree that… Read more »

Wysocki
Guest
Wysocki

Re: “When you say “shoot and kill” you fail to mention that that includes drug dealers shooting each other, law abiding citizens defending themselves and law enforcement stopping criminals. A very convenient omission by you.” Do you really believe only the United States has drug dealers and drug abuse? Really? I did say “other countries like ours”. The only significant difference between the United States and all the other countries like ours is our gun loving human killing self righteous ignorant gun culture. Re: “You are correct on one point. We must change our thinking. 22,000 gun laws don’t work… Read more »

Wysocki
Guest
Wysocki

Ooooops!

I said…. “The only significant difference between the United States and all the other countries like ours is our gun loving human killing self righteous ignorant gun culture.”

Borders… only the US has borders that prevents free movement for free people to use as they wish.
Yep… there was a very famous wall in Europe.
It was built in 1961 and torn down in 1989.
You might have heard of it.
The United States is the same country that screamed “Tear down this wall!” in Berlin.
I do not know how our country has willingly and knowingly become the land of “Build that wall!!”
But it has.

icetrout
Guest
icetrout

you don’t leave the front porch swing do you ? it’s a jungle out there for your info… got guns,don’t leave home without one . rainbow vision libtard !

Wysocki
Guest
Wysocki

“you don’t leave the front porch swing do you ?” I am not certain I understand what this means… I suspect it is an insult of some kind, of what kind I have no idea, but sitting on a porch swing is something people enjoy and look forward to. “it’s a jungle out there for your info… got guns,don’t leave home without one . rainbow vision libtard !” Yeah… using the term “liberal” or even “libtard” is no longer considered an attack. As for “rainbow vision”… are you a believer? Didn’t some deity somewhere supposedly use the rainbow as a… Read more »

Wild Bill
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Wild Bill

Just getting past the pussy culture thing and suspect statistics for the sake of the conversation: Maybe the shooters were justified, and the shot were criminal perpetrators that just happened to lose this time. So the police officer should surrender his productive life so that a dangerous mentally ill person can go on living, That is your solution?

Wysocki
Guest
Wysocki

Sooooooo Wild Bill….
Why are all the cops in all the other countries like ours capable of not killing humans and yet American cops are not able to figure that out to the tune of 3 bullet riddled bodies each and every day.
Have you ever thought cops in all the other countries run into the same criminals in their countries that America does?
Really, what makes the American culture so different from all the other countries like ours is our gun loving death worshiping culture.

Wild Bill
Guest
Wild Bill

First, there is no other country like ours. Second, every time someone kills someone in this country, there are at least two investigations to determine the facts and justifiability of that killing, and sometimes three. Third, you make the claim that “…cops in all the other countries like ours [are] capable of not killing humans…” That is so not true that it destroys any credibility that you may have had. Finally, Your answers to the other commenters are so child like that you can’t have had any real world experience, yet. Why don’t you get back to us after you… Read more »

Wysocki
Guest
Wysocki

A xenophobic gun rights advocate. How pedestrian. Here we go! “First, there is no other country like ours.” Everyone thinks that about their home, everyone in the world does. Nothing impressive here. “Second, every time someone kills someone in this country, there are at least two investigations to determine the facts and justifiability of that killing, and sometimes three.” Been in a cop family since I was born and I married a cop. I know without a doubt that is patently fabricated and I have never even heard of that. “Third, you make the claim that “…cops in all the… Read more »

Wysocki
Guest
Wysocki

A factual reminder…
Re: “So the police officer should surrender his productive life so that a dangerous mentally ill person can go on living, That is your solution?”

In all the other countries like ours, mental illness is not treated as a character flaw, nor the fault of the patient and the mentally ill in all the other countries like ours, mental illness is not treated as a capital offense.

We must change our thinking.

Shawn Shahan
Guest
Shawn Shahan

Why are you on this page? As for cops shooting people, well they shouldn’t have been committing crimes. You shoot at a cop they can shoot you back. As for other countries, have you ever lived in another country? I have, take Germany for example, the police there don’t shoot many people because the people there have respect for the police.

Wysocki
Guest
Wysocki

“Why are you on this page? As for cops shooting people, well they shouldn’t have been committing crimes. You shoot at a cop they can shoot you back. As for other countries, have you ever lived in another country? I have, take Germany for example, the police there don’t shoot many people because the people there have respect for the police.” You were stationed in Germany weren’t you. Cuz, GIs fear the cops in Germany for damn good reasons. German cops love locking up and prosecuting self righteous gun loving ignorant American GIs. So, what you are implying is Americans… Read more »

Eric
Guest
Eric

I guess Tomblin can’t even abide by his state Constitution that states .
3-22. Right to keep and bear arms.
A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.

No where do I see except. The right of self defense is any where you go.

Gregory S. Varner
Guest
Gregory S. Varner

We should not have to pay for our Constitional Right . Better to have it and not need it than to need it and not have it !

Richard Bushong
Guest
Richard Bushong

I will still pay to get my official WV CWP because I still value the reciprocity we have with many other states. Some citizens never travel out of state due to not being able to afford to much less being able to afford 90 – 100 dollars for a permit the Constitution actually says you don’t need. So the money issue is moot unless the state stops charging me for my permit. Taxing a” right “is wrong. I can understand a small fee for the background check but not for the permit itself. It is the governments job to protect… Read more »

icetrout
Guest
icetrout

Hillbillys are such wimps !

john carr
Guest
john carr

You will no longer have to pay the $75 background fee anymore. Not sure about the other $30,.

Wysocki
Guest
Wysocki

You do not have a WV gun permit do you.
According to https://www.cga.ct.gov/2013/rpt/2013-R-0048.htm , “$75 due to county sheriff with application. Additional $25 due to state police when license issued.”

john carr
Guest
john carr

I see you don’t know crap about Upshur County, do you. Oh, I do live in WV, and have lived here for my 74 years.

Wysocki
Guest
Wysocki

It is nice to meet an older West Virginian.
I am not certain I know what you are referring to.
I can guess it is my typo.
If you are willing to quibble over a typo that left off a total of 5$,
it certainly makes me wonder if you are looking to spar with me.
Cuz, if you can not forgive a typo… will you shoot me in our “stand your ground” state if you find me?
You seem to be standing your ground on what I am not certain.

Jeff
Guest
Jeff

I also will probably still keep my permit. So I can still travel with my pistol state to state.
I can afford the cost of it now. But that’s not the point. I’m sure some people in WV hate to fork over that money for something they shouldn’t even have to pay for in the first place. I can’t wait to see how this turns out!

Jeff
Guest
Jeff

It’s not about the Sheriffs feeling it would make the job more dangerous. It’s about all the money the counties collect each year from people paying for CCW permits in West Virginia. CC will put a big dent in the county pocketbook! That’s a fact!
All you have to do is look up the cost of getting a permit to carry in WV.

175jfs
Guest
175jfs

Bingo. That what its about. $$$$.

john carr
Guest
john carr

Yep,$105. every five years it cost me for no good reason at all other than pumping more money into the Sheriff’s dept.

Wysocki
Guest
Wysocki

Yes… indeed.
It is about the money because there are so many people living in the entire state of WV that screwing people out of money is a huge cash windfall for our state.
Really paranoid thinking.

Wysocki
Guest
Wysocki

I hope even folks in WV can appreciate the fact that not all Americans are socially permitted to own a gun.
There is a group of Americans that are killed nearly 5 times more than all other groups of humans.
I bet you can guess which group should not ever own guns because a cop will kill them if they find it or see it, yes?
I have not seen the NRA defending gun rights for this group.

The NRA does not defend nor advocate for the gun rights of black Americans.
Period.

Wild Bill
Guest
Wild Bill

That is the voice of inexperience. The NRA does not advocate for the Second Amendment by group. How would one even separate that out. What are you three years old?

Wysocki
Guest
Wysocki

If what I said is not true, where is the NRA when black people are arrested and tortured and killed because the cops saw a gun?
I would think they would want to protect 2nd amendment rights of all Americans, but they do not.
They are not an egalitarian group by any means.