Relating generally to authorizing security personnel employed by the State Treasurer to carry concealed weapons while performing his or her official duties
Summary
HB5182 authorizes security personnel employed by the West Virginia State Treasurer to carry a concealed firearm while performing official duties, subject to several conditions. Those conditions include written authorization from the Treasurer, a determination that the person is not prohibited from possessing a firearm under state or federal law, possession of a concealed handgun license, and completion of firearms training and annual requalification equivalent to that required of entry-level law-enforcement officers. The bill also allows the Treasurer to reimburse security personnel for the cost of training and requalification.
The bill further provides liability protections by stating that the state, political subdivisions, agencies, and state employees acting in an official capacity may not be held personally liable for good-faith acts or omissions of Treasurer-employed security personnel while they are performing official duties. The measure is placed in the unclaimed stolen property chapter of the code, but its operative effect is to create a new authority for the Treasurer’s office to arm designated security staff under specified safeguards.
Impact
HB5182 adds a new section to West Virginia Code §36-8A, creating a specific statutory exception allowing the State Treasurer’s security personnel to carry concealed firearms in the course of their duties. It also cross-references existing concealed carry and law-enforcement training provisions in §61-7-1 et seq. and §30-29-1 et seq., effectively tying authorization to licensing, firearms qualification, and annual requalification standards already used for other armed personnel. In addition, it expands statutory liability protections for the state and related public entities when Treasurer security personnel act in good faith within the scope of their official responsibilities.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature. It passed the House 89-0 and the Senate 32-0, indicating unanimous approval in both chambers. The lack of recorded committee opposition or debate in the provided materials suggests general agreement that the Treasurer’s security staff should have this limited concealed-carry authority with training and oversight requirements.
Contention
No significant contention is reflected in the available record. The main policy considerations embedded in the bill are the balance between security needs and firearms safeguards, including mandatory licensing, training, and annual qualification. Any potential concerns would likely center on arming non-law-enforcement personnel, the scope of the Treasurer’s discretion to authorize carry, and the breadth of the liability shield, but none of these issues appear to have generated recorded opposition in the votes or transcripts provided.