SB 30 — Allowing 18 to 20-year-olds to carry concealed weapon without permit

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 30 ByB SenatorYSENATORS RoseR [IntroducedOSE, JanuaryHILLIP, 14,HORNE 2026;, ART, WILL,S R UCKER, DEEDS, ZINGER,ANDT AYLOR [Reported February 5, 2026, from the Committee on the Judiciary] CS for SB 30 A BILL to amend and reenact §61-7-6, §61-7-7, and §61-7-8 of the Code of West Virginia, 1931, as amended;

referredand to therepeal Committee§61-7-3, onrelating the Judiciary] Intr SB 30 2026R1281 A BILL to amendrecognizing and reenact §61-7-3, §61-7-6, and §61-7-7 of the Coderight of West Virginia, 1931, as amended, relating to allowing those persons 18 to 20 years old to be able to carry a concealed deadly weapon without afirst permit,obtaining asa islicense; presently allowed for those persons 21 years and older.

repealing the crime of carrying a deadly weapon without a license for certain persons under 21 years of age;

repealing the exceptions to prohibitions for persons 18 to 20 years old carrying concealed handguns;

clarifying that certain persons 18 years of age or older have the right to carry concealed deadly weapons without first obtaining a license;

clarifying that certain minors may lawfully possess or carry openly or concealed a firearm under certain circumstances;

and providing for misdemeanor and criminal penalties applicable to a minor for conviction of unlawfully possessing or carrying openly or concealed a deadly weapon.

Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one 18 years of age;

(a)[Repealed.] Any§61-7-6. person under twenty-one 18 years of age and not otherwise prohibited from possessing firearms under section seven of this article who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this code, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and may be imprisoned in jail for not more than twelve months for the first offense;

but upon conviction of a second or subsequent offense, he or she is guilty of a felony and, upon conviction thereof, shall be imprisoned in t a state correctional facility not less than one nor more than five years and fined not less than $1,000 nor more than $5,000.

(b) The prosecuting attorney in all cases shall ascertain whether or not the charge made by the grand jury is a first offense or is a second or subsequent offense and, if it is a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second or subsequent offense and may not be permitted to use discretion in introducing evidence to prove the same on the trial.

§61-7-6.

Intr SB 30 2026R1281 (1) Carrying a deadly weapon upon his or her own premises;

or CS for SB 30 (3) Possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

(b) The following judicial officers and prosecutors and staff are exempt from paying any Intr SB 30 2026R1281 application fees or licensure fees required under this article.

However, they shall make application and satisfy all licensure and handgun safety and training requirements to obtain a license as set forth in section four§61-7-4 of this article:

CS for SB 30 (2) Any circuit judge;

(a) Except as provided in this section, no a person shall not possess a firearm, as such is defined in §61-7-2 of this code, who:

Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified Intr SB 30 2026R1281 that they are to immediately surrender any firearms in their ownership or possession:

CS for SB 30 (5) Is an alien illegally or unlawfully in the United States;

(B) Restrains such person from harassing, stalkingstalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;

or (ii) By its terms explicitly prohibits the use, attempted useuse, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

Any person who violates the provisions of this subsection shall be is guilty of a misdemeanor Intr SB 30 2026R1281 and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000$1,000, or confined in the county jail for not less than 90 days nor more than one year, or both.

CS for SB 30 (1) Who has been convicted in this state or any other jurisdiction of a felony crime of violence against the person of another or of a felony sexual offense;

or (2) Who has been convicted in this state or any other jurisdiction of a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, a Schedule II or a Schedule III controlled substance as such are defined in §60A-2-204, §60A-2-205, and §60A-§60A-2-206, 2-206, and §60A-2-208 of this code and who possesses a firearm as such is defined in section§61- two7-2 of this articlecode shall be is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than five years or fined not more than $5,000, or both.both fined and confined.

The provisions of subsection (f) of this section shall do not apply to persons convicted of offenses referred to in this subsection or to persons convicted of a violation of this subsection.

(d) As a separate and additional offense to the offense provided for in subsection (a) of this section, and in addition to any other offenses outlined in this code, and except as provided by subsection (e) of this section, any person prohibited by subsection (a) of this section from possessing a firearm who carries a concealed firearm is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than three years or fined not more than $5,000, or both.both fined and confined.

(e) As a separate and additional offense to the offense described in subsection (b) of this Intr SB 30 2026R1281 section, and in additional to any other offenses outlined in this code, any person prohibited by subsection (b) of this section from possessing a firearm who carries a concealed firearm is guilty CS for SB 30 of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not more than ten10 years or fined not more than $10,000, or both.both fined and confined.

(g) Any person who has been convicted of an offense which disqualifies him or her from possessing a firearm by virtue of a criminal conviction whose conviction was expunged or set aside or who subsequent thereto subsequently receives an unconditional pardon for said the offense shall not be prohibited from possessing a firearm by the provisions of the section.

NOTE:§61-7-8.

ThePossession purpose of this bill is to allow those persons 18-20 years of age to be permitted to carry a deadly weaponweapons asby thoseminors; persons 21 and over are currently permitted to do.

Strike-throughsprohibitions. indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

(a) Except as provided in subsection (b) of this section, and notwithstanding any other provision of this article to the contrary, a person under the age of 18 years who is not married or otherwise emancipated shall may not possess or carry concealed or openly any deadly weapon.

Provided, That a minor may possess a firearm upon premises owned by the minor or his or her family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his or her family, with the permission of the owner or lessee of the property:

Provided, however, That nothing in this section shall prohibit prohibits a minor from possessing a firearm while hunting in a lawful manner or while traveling from a place where he or she may lawfully possess a deadly weapon, to a hunting site, and returning to a place where he or she may lawfully possess the weapon.

CS for SB 30 (b) A person under the age of 18 years may possess or carry concealed or openly a firearm if that person is:

(1) Married or otherwise emancipated;

(2) On premises owned by the minor or by a member of his or her family;

(3) On the premises of another person, if the minor has the permission of both the owner or lessee of the premises and his or her parent or guardian to possess or carry openly or concealed a firearm on the premises;

(4) Hunting in a lawful manner;