Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 5669
               By Delegate Linville [Introduced February 13, 2024; Referred to the Committee on Political Subdivisions then the Judiciary]
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  A BILL to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to
            removing prohibitions against persons carrying guns in state or municipal buildings where
            security is inadequate.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 7. DANGEROUS WEAPONS.
     §61-7-14. Right of certain persons to limit possession of firearms on premises.
            This section may be referred to as "The Business and Public Area Liability Protection Act".
            (a) As used in this section:
            (1) "Adequate security measures" means the use of electronic equipment and armed
  personnel at public entrances to detect and restrict the carrying of any weapons into the state or
  municipal building, or any public area thereof, including, but not limited to, metal detectors, metal
  detector wands or any other equipment used for similar purposes to ensure that weapons are not
  permitted to be carried into such building or public area by members of the public. Adequate
  security measures for storing and securing lawfully carried weapons, including, but not limited to,
  the use of gun lockers or other similar storage options may be provided at the public entrances.
           (2) "Authorized personnel" means employees of a state agency or municipality and any
 person granted authorization to enter a state or municipal building through a restricted access
 entrance.
           (3) "Legally qualified" means any individual not prohibited and meet the conditions set forth
 in §61-7-3, §61-7-4, and §61-7-4a of this code for carrying a firearm or other deadly weapon.
           (4) "Public area" means any portion of a state or municipal building that is open to and
 accessible by the public or which is otherwise designated as a public area by the governing body
 or the chief administrative office, if no governing body exists, of such building.
           (1)(5) "Parking lot" means any property that is used for parking motor vehicles and is
 available to customers, employees, or invitees for temporary or long‐term parking or storage of
 motor vehicles: Provided, That for purposes of this section, parking lot does not include the private
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 parking area at a business located at the primary residence of the property owner.
           (2)(6) "Motor vehicle" means any privately-owned automobile, truck, minivan, sports utility
 vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle
 operated on the roads of this state and, which is required to be registered under state law:
 Provided, That for purposes of this section, motor vehicle does not mean vehicles owned, rented,
 or leased by an employer and used by the employee in the course of employment.
           (3)(7) "Employee" means any person, who is over 18 years of age, not prohibited from
 possessing firearms by the provisions of this code or federal law, and
           (A) Works for salary, wages, or other remuneration;
           (B) Is an independent contractor; or
           (C) Is a volunteer, intern, or other similar individual for an employer.
           (4)(8) "Employer" means any business that is a sole proprietorship, partnership,
 corporation, limited liability company, professional association, cooperative, joint venture, trust,
 firm, institution, association, or public-sector entity, that has employees.
           (9) "Public employer" means any state or municipal entity, except the term "public
 employer" shall not include school districts.
           (5)(10) "Invitee" means any business invitee, including a customer or visitor, who is lawfully
 on the premises of a public or private employer.
           (6)(11) "Locked inside or locked to" means
           (A) The vehicle is locked; or
           (B) The firearm is in a locked trunk, glove box, or other interior compartment, or
           (C) The firearm is in a locked container securely fixed to the vehicle; or
           (D) The firearm is secured and locked to the vehicle itself by the use of some form of
 attachment and lock.
           (b) Notwithstanding the provisions of this article, any owner, lessee or other person
 charged with the care, custody, and control of real property may prohibit the carrying openly or
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 concealing of any firearm or deadly weapon on property under his or her domain: Provided, That
 for purposes of this section "person" means an individual or any entity which may acquire title to
 real property: Provided, however, That for purposes of this section "natural person" means an
 individual human being.
           (c) Any natural person carrying or possessing a firearm or other deadly weapon on the
 property of another who refuses to temporarily relinquish possession of the firearm or other deadly
 weapon, upon being requested to do so, or to leave the premises, while in possession of the
 firearm or other deadly weapon, is guilty of a misdemeanor and, upon conviction thereof, shall be
 fined not more than $1,000 or confined in jail not more than six months, or both: Provided, That the
 provisions of this section do not apply to a natural person as set forth in §61-7-6(a)(5) through §61-
 7-6(a)(7) and §61-7-6(a)(9) through §61-7-6(a)(10) of this code while acting in his or her official
 capacity or to a natural person as set forth in §61-7-6(b)(1) through §61-7-6(b)(8) of this code,
 while acting in his or her official capacity: Provided, however, That under no circumstances, except
 as provided for by the provisions of §61-7-11a(b)(2)(A) through (I) of this code, may any natural
 person possess or carry or cause the possession or carrying of any firearm or other deadly
 weapon on the premises of any primary or secondary educational facility in this state unless the
 natural person is a law-enforcement officer or he or she has the express written permission of the
 county school superintendent.
           (d) Public Employers:
           (1) The carrying of a handgun or other deadly weapon by a legally qualified person, shall
 not be prohibited in any public area of any state or municipal building unless such public area has
 adequate security measures to ensure that no weapons are permitted to be carried into such
 public area.
           (2) The carrying of a handgun or other deadly weapon shall not be prohibited for any
 authorized personnel throughout any state or municipal building in its entirety unless such building
 has adequate security measures at all public access entrances to ensure that no weapons are
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 permitted to be carried into such building.
           (3) No public employer shall prohibit an employee, who is legally qualified, from carrying a
 handgun or other deadly weapon at the employee's workplace unless the building has adequate
 security measures at all public access entrances to ensure that no weapons are permitted to be
 carried into such building.
           (4) No public employer shall restrict or otherwise prohibit by personnel policies any
 employee, who is legally qualified, from carrying a handgun or other deadly weapon while
 engaged in the duties of such employee's employment outside of the employee's place of
 business, including while in a means of conveyance.
           (d)(e) Prohibited acts. – Notwithstanding the provisions of subsections (b), (c) and (c)(d) of
 this section:
           (1) No owner, lessee, public employer, or other person charged with the care, custody, and
 control of real property or public area may prohibit any customer, employee, or invitee from
 possessing any legally owned firearm, when the firearm is
           (A) Lawfully possessed;
           (B) Out of view;
           (C) Locked inside or locked to a motor vehicle in a parking lot; and
           (D) When the customer, employee, or invitee is lawfully allowed to be present in that area.
           (2) No owner, lessee, or other person charged with the care, custody, and control of real
 property may violate the privacy rights of a customer, employee, or invitee either
           (A) By verbal or written inquiry, regarding the presence or absence of a firearm locked
 inside or locked to a motor vehicle in a parking lot; or
           (B) By conducting an actual search of a motor vehicle in a parking lot to ascertain the
 presence of a firearm within the vehicle: Provided, That a search of a motor vehicle in a parking lot
 to ascertain the presence of a firearm within that motor vehicle may only be conducted by on-duty,
 law enforcement personnel, in accordance with statutory and constitutional protections.
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            (C) No owner, lessee, or other person charged with the care, custody, and control of real
 property may take any action against a customer, employee, or invitee based upon verbal or
 written statements of any party concerning possession of a firearm stored inside a motor vehicle in
 a parking lot for lawful purposes, except upon statements made pertaining to unlawful purposes or
 threats of unlawful actions involving a firearm made in violation of §61-6-24 of this code.
           (3) No employer may condition employment upon either:
           (A) The fact that an employee or prospective employee holds or does not hold a license
 issued pursuant to §61-7-4 or §61-7-4a of this code; or
           (B) An agreement with an employee or a prospective employee prohibiting that natural
 person from keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot when
 the firearm is kept for lawful purposes.
           (4) No owner, lessee, or other person charged with the care, custody, and control of real
 property may prohibit or attempt to prevent any customer, employee, or invitee from entering the
 parking lot of the person's place of business because the customer's, employee's, or invitee's
 motor vehicle contains a legal firearm being carried for lawful purposes that is out of view within
 the customer's, employee's, or invitee's motor vehicle.
           (e) Limitations on duty of care; immunity from civil liability. —
           (1) When subject to the provisions of subsection (d) of this section, an employer, public
 employer, owner, lessee, or other person charged with the care, custody, and control of real
 property has no duty of care related to the acts prohibited under said subsection.
           (2) An employer, public employer, owner, lessee, or other person charged with the care,
 custody, and control of real property is not liable in a civil action for money damages based upon
 any actions or inactions taken in compliance with subsection (d) of this section. The immunity
 provided in this subdivision does not extend to civil actions based on actions or inactions of
 employers, owners, lessees, or other persons charged with the care, custody, and control of real
 property unrelated to subsection (d) of this section.
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           (3) Nothing contained in this section may be interpreted to expand any existing duty or
 create any additional duty on the part of an employer, owner, lessee, or other person charged with
 the care, custody, and control of real property.
           (f) Enforcement. – The Attorney General is authorized to enforce the provisions of
 subsection (d) of this section and may bring an action seeking either:
           (1) Injunctive or other appropriate equitable relief to protect the exercise or enjoyment of
 the rights secured in subsection (d) of any customer, employee, or invitee;
           (2) Civil penalties of no more than $5,000 for each violation of subsection (d) and all costs
 and attorney’s fees associated with bringing the action; or
           (3) Both the equitable relief and civil penalties described in subdivisions (1) and (2) of this
 section, including costs and attorney's fees. This action must be brought in the name of the state
 and instituted in the Circuit Court of Kanawha County. The Attorney General may negotiate a
 settlement with any alleged violator in the course of his or her enforcement of subsection (d) of this
 section.
           (4) Notwithstanding any other provision in this section to the contrary, the authority granted
 to the Attorney General in this subsection does not affect the right of a customer, employee, or
 invitee aggrieved under the authority of subsection (d) of this section to bring an action for violation
 of the rights protected under this section in his or her own name and instituted in the circuit court
 for the county where the alleged violator resides, has a principal place of business, or where the
 alleged violation occurred. In any successful action brought by a customer, employee, or invitee
 aggrieved under the authority of subsection (d) of this section, the court may award injunctive or
 other appropriate equitable relief and civil penalties as set forth in subdivisions one, two and three
 of this subsection. In any action brought by a customer, employee, or invitee aggrieved under the
 authority of subsection (d) of this section, the court shall award all court costs and attorney's fees
 to the prevailing party.
                NOTE: The purpose of this bill is to remove prohibitions against persons carrying guns in
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          state or municipal buildings where security is inadequate.
          Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 61-7-14