West Virginia 2021 Regular Session Status: Passed Senate Bipartisan · 2 R · 1 D cosponsors

SB 485 — Relating to use or presentation of firearm during commission of felony

Last action — Communicated to House

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

13 added · 129 removed

Plain-language change summary

In the latest amendment to Bill SB 485, lawmakers removed a line that excluded certain restrictions on firearm possession. They also added that anyone who is prohibited from possessing a firearm under the law is included in the relevant section. This change is important because it broadens the scope of the law to ensure that all individuals who are legally barred from having firearms are recognized, potentially enhancing public safety.

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SB 485 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
SB485 H JUD AM #1 Spano 3382   The Committee on Judiciary moved to amend the bill on page 1, section 61-7-15a, line 6, by striking out “other than those set forth in subsection (c) of this section.” AND moved to amend the bill on page 1, section 61-7-15a, line 7, by inserting after the word who, “is otherwise prohibited by law from possessing a firearm.”   Adopted Rejected
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS SB485 SUB1 « Senate Bill 485 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 485  By Senators Weld, Woelfel, and Woodrum [Originating in the Committee on the Judiciary;
reported on March 29, 2021]                     A BILL to amend and reenact §61-7-15a of the Code of West Virginia, 1931, as amended, relating to use or presentation of a firearm during the commission of a felony;
creating the offense of possessing a firearm on one’s person during the commission of certain qualifying felony offenses;
and defining “qualifying felony”.
Be it enacted by the Legislature of West Virginia:
Article 7.
Dangerous weapons.
§61-7-15a.
 Use, possession, or presentation of a firearm during commission of a felony;
penalties.
(a) As a separate and distinct offense, and in addition to any and all other offenses provided for in this code, any person who, while engaged in the attempt or the commission of attempting to commit or committing a felony, uses, or presents a firearm shall be guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not more than 10 years.
(b) As a separate and distinct offense, and in addition to any and all other offenses provided for in this code, other than those set forth in subsection (c) of this section, any person who, while attempting to commit or committing a qualifying felony, possesses on his or her person a firearm, shall be guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for not more than 10 years.
(c) For purposes of subsection (b) of this section, “qualifying felony” means any of the felony  offenses in §60A-4-401(i), §60A-4-401(ii), §60A-4-406, felony provisions of §60A-4-409, §60A-4-411, §60A-4-415, §60A-4-416(a), §61-2-1, §61-2-7, §61-2-9(a), §61-2-9b, §61-2-9d, §61-2-10, §61-2-10b(b) and §61-2-10b(c), §61-2-10b(d), §61-2-12, §61-2-14, §61-3-1, §61-3-2, §61-3-4, §61-3-5, §61-3-6, §61-3-7, §61-3-11, §61-3E-5, §61-5-27, §61-6-24, §61-8B-3, §61-8B-4, §61-8B-5, §61-8B-7, or §61-8B-10 of this code.
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Action History

  1. Communicated to House

  2. Senate refused to concur; requested House recede(Voice vote)

  3. House Message received

  4. Communicated to Senate

  5. Passed House (Roll No. 552)

  6. Read 3rd time

  7. On 3rd reading, Special Calendar

  8. Committee amendment adopted (Voice vote)

  9. Read 2nd time

  10. On 2nd reading, Special Calendar

  11. Read 1st time

  12. On 1st reading, Special Calendar

  13. With amendment, do pass

  14. To House Judiciary

  15. To Judiciary

  16. Introduced in House

  17. Ordered to House

  18. Passed Senate (Roll No. 265)

  19. Read 3rd time

  20. On 3rd reading

  21. Read 2nd time

  22. On 2nd reading

  23. Read 1st time

  24. Immediate consideration

  25. Committee substitute reported

  26. To Judiciary

  27. Introduced in Senate

  28. To Judiciary

  29. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 485?
SB 485 is sponsored by Ryan Weld (Republican), Mike Woelfel (Democrat), and Jack Woodrum (Republican).
What is the current status of SB 485?
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 485?
Track SB 485 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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