Permitless (Constitutional) Carry Introduced in 2016 Legislature

[anvil6]

HB4145 and SB314 were introduced into the WV Legislature January 19, 2016 and assigned to the Judiciary Committee in their respective houses of the legislature. A similar bill passed both the House and Senate last year but was vetoed by the Governor. Lesson learned: Get the bill to the Governor EARLY in the 60-day session so his "veto" can be over-ridden.

Bills must come out of committee, get three readings on the floor, then go to the other house, be assigned to a committee, get out of that committee onto the floor, pass three readings, THEN is passed on to the Governors desk. The Governor has "X" days to sign or veto the legislation and if he does neither it will become law after that length of time without his signature.

 

[anvil6]

Update: Public hearing scheduled HR4145

Anti-gun forces have called a public hearing for HB4145 in House Judiciary. In this hearing, they will make a showing, and speak to the committee about why and how your rights should be infringed.

We must, once again, show the House Judiciary Committee where West Virginia stands on our liberty.

The hearing will be at 8:30AM this Wednesday (1/27) at the Capitol, most likely in the House Chamber, but possibly in the Judiciary Committee. Arrive early to allow yourself time to get through the security screening now in effect at the Capitol.

If we want constitutional carry, we must prove it. We must prove to our legislators that we care about this issue, and will remember their positions in the polls.

STAY TUNED: Date/Time/Location is very much subject to change on short notice.

 

[DavidWhite]

I already have "Constitutional Carry".

It's called the Second Amendment.

MOLON LABE

 

[DavidWhite]

Marbury v. Madison, 5 US 137: “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.”

Murdock v. Penn., 319 US 105: “No state shall convert a liberty into a privilege, license it, and attach a fee to it.”

Shuttlesworth v. Birmingham, 373 US 262: “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”

Owen v. Independence, 100 S.C.T. 1398, 445 US 622: “Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”

 

[anvil6]

Marbury v. Madison, 5 US 137: “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.”

Murdock v. Penn., 319 US 105: “No state shall convert a liberty into a privilege, license it, and attach a fee to it.”

Shuttlesworth v. Birmingham, 373 US 262: “If the state converts a liberty into a privilege, the citizen can engage in the right with impunity.”

Owen v. Independence, 100 S.C.T. 1398, 445 US 622: “Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”

Good for you, Davie.

Disclaimer: I am not a lawyer and nothing typed here should be construed as legal advice.

Unless you are in one of the States that DOES recognize the legality of Constitutional Carry (generally as a part of their STATE Constitution) of Concealed Weapons you are apt to spend a lot of money on lawyers then still spend some time as a "guest" in your state "Correctional Facility".

The Second Amendment to the US Constitution only places limits on the powers of the FEDERAL government. Without similar language in the STATE Constitution, you've as many legs to stand on in state or local court as a NO LEGGED stool.

Permitless/Constitutional Carry laws remove the "necessity" for a court to "interpret" the language in their State Constitution - which is expensive, time-consuming AND risks miss-interpretation of the plain language set forth in the State Constitution, which could damage permitless carry efforts in that state for decades to come.

Once upon a time in this country a man not prohibited from possessing arms could carry them in any manner anywhere. Except in Vermont, the STATES legislated that right out of existence before the mid 1800's. We've battled back, one baby step at a time, in recent decades to the point where residents of all 50 states (at least in theory) can carry with a permit AND in nearly 1/4 of the states can now legally carry WITHOUT a permit. Yes, there's much more work to be done - we will not be "whole" until a person not prohibited from possessing arms can carry them in any manner anywhere AGAIN.

 

[SR9]

I believe Anvil6 is referring to West Virginia law and West Virginia sovereignty in his thread. It is a matter for West Virginia to decide. It is their sovereign right as per the US Constitution. Good Luck Anvil6 and The Great State of West Virginia.

 

[anvil6]

I believe Anvil6 is referring to West Virginia law and West Virginia sovereignty in his thread. It is a matter for West Virginia to decide. It is their sovereign right as per the US Constitution. Good Luck Anvil6 and The Great State of West Virginia.

Thanks. The process goes like this:
1. Find out if the right to bear arms is enshrined in your state constitution. Skip to #3 if it is.
2. If there is no right to bear arms enshrined in your state constitution, GET IT IN THERE.
3. Get "constitutional/permitless carry" legislation introduced into your state legislature. It may take efforts over several years to succeed. Learn, modify your approach as needed and succeed.

 

[anvil6]

UPDATE #2:

HB4145 PASSED out of the Judiciary Committee 1/27/2016 and goes to the House Floor. Second reading is likely Jan 29 or Feb 1 - that is when there is the most danger of damaging amendments to the legislation. There will be a THIRD reading on the House floor before the legislation can be sent to the Senate - where it will likely be assigned to their Judiciary committee, where it will undergo the same process as in the House.

There's been some grumbling from the "stakeholders" (that would be the County Sheriffs - $60.00 from each permit application; Superintendent of the WV State Police - $25.00 from each applicant; WV Courthouse Facility Improvement Fund Authority $15.00 from each permit application) that the bill is not slated to go to the Finance Committee so THEY can assess the potential financial impact to the state due to the loss of those revenues.

Fact is, there is NO basis to presume ANY (let alone total) loss of "permit revenue" due to allowing constitutional carry, while still retaining the permit system for those concerned with reciprocity in other states. If one digs into available data for number of permits issued in states with dual (constitutional + "permitted") carry systems, NOT A SINGLE STATE showed a drop in the number of permits issued after they adopted constitutional/permitless carry. Bounce the date(s) these states adopted a dual system against ARCHIVED "permits issued" figures and compare to their PRESENT "permits issued" numbers. I've used the Internet to find these numbers myself and found much other useful information at crimereasearch dot org.

More updates as the legislation moves thru the process.