H. B. 2135
(By Delegate Howell)
[Introduced February 13, 2013; referred to the
Committee on Roads and Transportation the Judiciary.]
A BILL to amend and reenact §61-6-19 of the Code of West Virginia,
1931, as amended, relating to permitting those individuals who
have been issued concealed weapons permits to keep loaded
firearms in their motor vehicles on the State Capitol Complex
grounds if the vehicles are locked and the weapons are out of
normal view.
Be it enacted by the Legislature of West Virginia:
That §61-6-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 imprisoned in the county or regional
confined in jail not more than six months, or both fined and
imprisoned confined: Provided, That any assembly in a peaceable,
lawful and orderly manner for a redress of grievances shall is not
be a violation of this section.
(b) It is unlawful for any person to bring upon the State
Capitol Complex any weapon as defined by the provisions of section
two, article seven of this chapter. However, a person who has been
issued a concealed weapons permit may keep a loaded 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. 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, 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: Provided, however, That this subsection shall does not
apply to a law-enforcement officer acting in his or her official
capacity.
Any person who violates any provision of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $100 or confined in the county or regional jail
not more than six months, or both.
NOTE: The purpose of this bill is to permit those individuals
who have been issued a concealed weapons permit to keep loaded
firearms in their motor vehicles on the State Capitol Complex
grounds provided the vehicles are locked and the weapons are out of
normal view.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.