WV Permitless Carry. . . SC Honors SD Enhanced

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Gary Slider

New member
The West Virginia Legislature has overridden the Governors veto of the Permitless Carry bill. The effective date of the new law is late May 2016. The exact date has not been released yet. Anyone who can legally possess a firearm and is 21 will be able to carry a concealed defensive handgun in all places those with a valid permit can now carry. WV will also start issuing a Provisional Permits to WV residents only who are 18-20. They have to meet the same requirements as those with a regular permit. It expires on their 21st birthday and then they can renew their Provisional Permit for a regular permit the same way those with a regular permit renew. Also removed in the bill was the restriction that those who are member of the United States Armed Forces, Reserve or National Guard could only carry while on duty. They removed the ‘While on Duty.” Looks to Handgunlaw.us that after the law takes effect that anyone in the Active Military, Reserves or National Guard can carry at 18 to 20 with just their Military ID. More info on that will be available when the West Virginia page is updated when the new law takes effect. You can read the bill as passed at the link below.

http://www.legis.state.wv.us/Bill_S...HB4145 SUB ENR.htm&yr=2016&sesstype=RS&i=4145

The WV AG is very pro gun. A nice read is his press release that he put out the day after the House voted to override but before the Senate did. http://www.ago.wv.gov/pressroom/2016/Pages/Attorney-General-Morrisey-.aspx

Also Anti-Gunner Bloomberg and his groups spent 6 figures on ads etc trying to defeat the Permitless Carry bill in West Virginia. They failed!!

South Carolina now honors the South Dakota Enhanced Permit. This brings to five the number of states that only honor the South Dakota Enhanced. South Dakota went to a two tiered permit system to gain more reciprocity.

http://sdsos.gov/services-for-individuals/concealed-pistol-permits/reciprocity-agreements.aspx
http://www.sled.sc.gov/Reciprocity1.aspx?MenuID=CWP

There are a host of bills in other states that if they become law would loosen where and how people can carry their defensive firearm. Handgunlaw.us will try to keep you updated on all major changes with similar posts. There are also some bills, mainly in the May Issues states that will put more restrictions on firearm owners/carriers.
 
Gary: Does the WV law mean anyone with a permit from his home state can carry in WV on the effective date?
 
The law doesn't use the word resident. It says "Person or Persons"


§61-7-7. Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties.

(c) Any person may carry a concealed deadly weapon without a license therefor who is:

(1) At least twenty-one years of age;

(2) A United States citizen or legal resident thereof;

(3) Not prohibited from possessing a firearm under the provisions of this section; and

(4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).
 
Gary, any idea why WV and ME don't have a reciprocity deal? I know it's somewhat a moot point but it seems it should be a slam dunk.
 
WV when it goes permitless carry will not honor all other states permits by law. That doesn't make a difference in WV. They still have a law on how they honor other states permit/licenses. WV is working on it or I should say they tell me they are working on it. Have been telling me that for a long time now.
WV Requires a Signed Agreement or a letter that can only be signed by the Governor that states they will honor WV. That is WV law. It should have been already done and I don't know what the hangup is between Maine and WV. WV just updated their map of who honors them and I talked to them.
http://www.ago.wv.gov/gunreciprocity/Pages/default.aspx
They finally quit calling it a reciprocity map and now call it a Map of states that honor WV. But they show Maine as honoring WV. There is not an agreement between Maine and WV. They state since Maine is Permitless Carry they will honor WV. I pointed things out to them and they said they would check.

When Maine went permitless carry they also will not honor all other states permit by law. They just state they will honor anyone who honors them. It does make a difference in Maine if you have a permit they honor or not.
See http://www.maine.gov/dps/msp/licenses/weapons_reciprocity.html for why you may need a permit they honor to carry in certain places in Maine. Maine is even stating that though they have permitless carry you must have a Maine Resident or Maine Non-Resident permit to carry in Arcadia National Park. Even a permit Maine Honors is not valid in Arcadia.

Maine can do this as the Federal Law for carrying in Nat Parks states they will go by the laws of the state they are in. If a state would say no carry in National Parks that is what the National Park in that state would go by.
 
Well, I'm confused.

So if I were a WV resident I could carry without a permit in WV but, because I live in another state, I CANNOT carry without a permit in WV? And the same for Maine?

How does that work under the "equal protection" aspects of that pesky old Constitution thing we keep hearing rumors about?
 
WV and Maine allow anyone who can legally own a firearm and is 21 to carry concealed in their state. That is anyone from any state. But WV and Maine do not honor all other states permits like AZ, AK, KS does. In WV it doesn't matter if they honor your permit or not. In Maine it does as even though they are permitless carry you have to have a permit they issue or honor to carry in certain places in Maine. Like I stated it is getting more and more confusing!!!!

If governor of Idaho signs their permitless carry law it only applies to Residents of Idaho. Then ID Residents over 21 can carry in the state without a permit. But then it gets more complicated. Outside of incorporated cities those 18 and older can carry concealed without a permit but those 18-20 can't carry inside an incorporated city or town. Then Idaho will start issuing permits to those 18-20 on a Shall Issue basis.

As I stated things are getting so complicated it is really hard for a person to stay within the law.
 
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Gary Slider said:
Then residents without a permit can't carry in schools and courthouses while those with a permit they issue or honor can
Click to expand...

Just a point of law. Whether or not you can carry in a school, outside of other exemptions, is up to the local school board. You must have their written permission.

That part of the Idaho carry laws has not changed since I first took notice of such laws back in 2000.

Section 18-3302D(4)(f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

ETA: While the statute does not say "written" permission, I personally think it would be foolish to carry on a campus without that permission being written.
 
Al, You are correct. I was quoting a member of the Legislature in that post and he was wrong. I had to look. You have to have permission of the School Board. I removed that from my post. Thank you!
 
No problem, Gary.

It is hard enough to understand all the nuances of a particular state, without having to try and understand all of them.

You do a hell of a job, and I thank you for your continued efforts to help us all keep up on this stuff.
 
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