H. B. 2911
(By Delegates Folk, Householder, Frich, Kump, Faircloth,
Lynch, Williams, Butler, Cooper, Cadle and Shott)
[Introduced March 12, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-7-4a, relating to
dangerous weapons; license to carry a concealed weapon; and
providing an exemption of license information from disclosure
under the West Virginia Freedom of Information Act.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-7-4a, to read as
follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4a. Public disclosure of license information; exceptions.
_____(a) All records pertaining to the issuance, renewal,
expiration, suspension or revocation of a license to carry a
concealed weapon, including names and addresses of applicants,
licensees and past licensees; all records obtained pursuant to any
investigation into the application for a license by any sheriff or agent or employee thereof; and all records pertaining to a criminal
or mental health history check conducted on any applicant, licensee
or past licensee, are exempt from disclosure under the Freedom of
Information Act, article one, chapter twenty-nine-b of this code.
_____(b) Information or other records otherwise exempted may be
released to a law-enforcement agency to assist in a criminal
investigation or prosecution or to determine the validity of or
eligibility for a license. The name of an applicant, licensee or
past licensee may be released as contained in investigative or
arrest reports of a law-enforcement agency that are subject to
release as public records.
NOTE: The purpose of this bill is to exempt records of
concealed weapon license applications and issuance from disclosure
under the West Virginia Freedom of Information Act.
§61-7-4a is new; therefore, it has been completely
underscored.