By 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 VetoIf 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.
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.
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.
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 »
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.
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 »
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.