SB 96 — Prohibiting municipalities from limiting persons' rights to possess certain weapons

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Committee Substitute for Senate Bill 96 Senators Trump, Cline, Rucker, Azinger, Maynard, Roberts, Sypolt, Smith, Hamilton, Romano, and Facemire, original sponsors [Originating[Passed inMarch the2, Committee2020; on the Judiciary;

reportedin oneffect February90 5,days 2020]from passage]     AAN BILLACT to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to prohibiting municipalities from limiting in any manner inconsistent with or in conflict with state law, the rights of persons to purchase, possess, transfer, own, carry, transport, sell, or store deadly weapons, firearms, or pepper spray;

and limiting award of  attorney’sattorney’s fees and costs to petitioners prevailing in certain actions.

(a) Except as provided by the provisions of this section and the provisions of §8-12-5 of this code, neither Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any revolver, pistol, rifle or shotgun deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law.

(1) (3) “Municipally owned or operated building” means any building that is used for the business of the municipality, such as a courthouse, city hall, convention center, administrative building, or other similar municipal building used for a municipal purpose permitted by state law:

(2) (4) “Municipally owned recreation facility” means any municipal swimming pool, recreation center, sports facility, facility housing an after-school program, or other similar facility where children are regularly present.

(c)(1) A municipality may enact and enforce an ordinance or ordinances that prohibit or regulate the carrying or possessing of a firearm deadly weapon, firearm, or pepper spray in municipally owned or operated buildings.

(2) A municipality may enact and enforce an ordinance or ordinances that prohibit a person from carrying or possessing a firearm deadly weapon, firearm, or pepper spray openly or that is not lawfully concealed in a municipally owned recreation facility:

Provided, That a municipality may not prohibit a person with a valid concealed handgun permit license from carrying an otherwise lawfully possessed firearm into a municipally owned recreation facility and securely storing the firearm out of view and access to others during their time at the municipally owned recreation facility.

(3) A person may keep an otherwise lawfully possessed firearm deadly weapon, firearm, or pepper spray in a motor vehicle in municipal public parking facilities if the vehicle is locked and the firearm deadly weapon, firearm, or pepper spray is out of view.

(4) A municipality may not prohibit or regulate the carrying or possessing of a firearm deadly weapon, firearm, or pepper spray on municipally owned or operated property other than municipally owned or operated buildings and municipally owned recreation facilities pursuant to subdivisions (1) and (2) of this section:

(d) It shall be an absolute defense to an action for an alleged violation of an ordinance authorized by this section prohibiting or regulating the possession of a firearm deadly weapon, firearm, or pepper spray that the person:

(1) Upon being requested to do so, left the premises with the firearm deadly weapon, firearm, or pepper spray or temporarily relinquished the firearm deadly weapon, firearm, or pepper spray in response to being informed that his or her possession of the firearm deadly weapon, firearm, or pepper spray was contrary to municipal ordinance;

and (2) but for the municipal ordinance the person was lawfully in possession of the firearm deadly weapon, firearm, or pepper spray.

(e) Any municipality that enacts an ordinance regulating or prohibiting the carrying or possessing of a firearm deadly weapon, firearm, or pepper spray pursuant to subsection (c) of this section shall prominently post a clear statement at each entrance to all applicable municipally owned or operated buildings or municipally owned recreation facilities setting forth the terms of the regulation or prohibition.

(g) UponFor the effectivepurposes dateof §61-7-14 of this section,code, §61-7-14municipalities ofmay thisnot codebe isconsidered inapplicablea toperson municipalities.charged with the care, custody, and control of real property.

For the purposes of §61-7-14 of this code, municipalities may not be considered a person charged with the care, custody, and control of real property.

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