West Virginia will soon have “constitutuional carry” after the legislature overrode Gov. Earl Ray Tomblin’s veto.-Dave Workman photo
By Dave Workman
Senior Editor
By overwhelming majorities in both legislative houses, West Virginia lawmakers have overridden a veto by Democrat Gov. Earl Ray Tomblin to make it legal starting in late May to carry a sidearm openly or concealed without a permit.
This so-called “Constitutional Carry” statute puts West Virginia in the same league with a handful of other states.
The West Virginia House of Delegates voted 64-33 to override the veto on March 5. The following morning’s 23-11 Senate vote sealed the override and now the law becomes effective in late May, according to WOWK News. It takes 90 days for the measure to take effect.
Tomblin had vetoed the legislation for the second time in two years, using officer safety as an argument. After the override vote, he issued a statement which leaned heavily on that argument.
“West Virginia’s law enforcement officers have dedicated their lives to keeping us safe and helping us in times of need, and it’s disheartening that the members of the Legislature have chosen not to stand with these brave men and women – putting their safety and the safety of West Virginians at risk.
“It’s unfortunate,” the governor’s statement continued, “that the concerns of officers from every law enforcement branch in the state, including the West Virginia State Police and university campus police officers, have been ignored by today’s action.”
However, Republican Senate President Bill Cole issued his own statement.
“This bill allows West Virginians to protect themselves without the government’s permission,” Sen. Cole insisted. “It has been improved from the bill vetoed last year by creating three new criminal offenses.
“The new felony offenses,” Cole explained, “come with tough penalties for using a concealed deadly weapon during the commission of a crime, and for carrying a concealed firearm if you are not legally permitted to do so. We are also creating an incentive for training courses, which I believe will go a long way to encourage people to be properly trained on the safe use of their weapons.
“I am proud of this version,” Cole concluded, “and I am pleased that today we were able to stand up for the constitutional rights our citizens hold so dear.’’
West Virginia now joins Alaska, Arizona, Kansas, Maine, Vermont and Wyoming. Vermont was the original “constitutional carry” state, having been essentially permitless for more than a century, based not on legislation but on a court ruling.
Under the new law, citizens aged 18-21 will still be required to have a permit and there will be a $50 tax credit for training. Tomblin called this tax credit “ill-advised and unclear,” according to published reports.
Similar legislation is or has been considered in several other states, as a national trend has shown a continued upswing in the number of citizens seeking permits and licenses to carry for personal protection. The demand spiked sharply following the terror attacks in Paris and San Bernardino.
