WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4014

By Delegates Smith, Dean, Longanacre, Crouse, Clark, Horst, J. Jeffries, Mazzocchi, Pritt, Kimble, and Worrell)

[Introduced January 24, 2022; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to allowing the concealed carry of firearms on and in Capitol grounds.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol Complex; penalties.

(a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency, or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or confined in jail not more than six months, or both fined and confined: Provided, That any assembly in a peaceable, lawful, and orderly manner for a redress of grievances is not a violation of this section.

(b) Open carry and concealed carry of deadly weapons, nonlethal agent, disruption:

(1) It is unlawful for any person to bring upon the State Capitol Complex any deadly weapon as defined in §61-7-2 of this code in an open carry status: Provided, That a person who may lawfully possess a firearm may keep a firearm in his or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view: Provided, however, That a person may not carry upon the State Capitol Complex, a cannister of pepper spray, as defined in §61-7-2 of this code, that exceeds one ounce.

(2) (A) A person, who is licensed under §61-7-4 of this code to carry a concealed handgun, is permitted to carry the same on the grounds of the Capitol, and in the Capitol building: Provided, That, any person desiring to carry a concealed handgun within the Capitol building must show their permit and handgun upon entry, if requested,

(B) Carry of a concealed handgun is not permitted in:

(1) The Governor’s office; and

(2) The chambers of the Supreme Court, including the entirety of the third and fourth floor of the East wing.

(C) The State Senate and House of Delegates may develop firearms rules for the gallery and floor of their respective chambers.

(3) It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork, or adornment in the State Capitol Complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair, or elevator in the State Capitol Complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided ~~further~~, That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: ~~And~~ Provided, ~~further~~ however, That this subsection does not apply to a law-enforcement officer acting in his or her official capacity.

~~(2)~~ (4) Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, or confined in jail not more than six months, or both fined and confined.