WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENROLLED
Committee Substitute for House Bill 5232
BY DELEGATES MAYNOR, PHILLIPS, SMITH, CROUSE,
MCGEEHAN, HORST, STEELE, WILLIS, GEARHEART,
HORNBY, AND HITE
[Passed March 8, 2024; in effect ninety days from passage.]
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1 AN ACT to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating
2 to instances when an employer may not terminate or take adverse action against an
3 employee in certain circumstances; updating the Business Liability Protection Act;
4 clarifying when a property owner may inquire as to lawful firearm possession; clarifying
5 when a property owner may not remove a person from the property based on lawful firearm
6 possession; defining terms.
Be it enacted by the Legislature of West Virginia:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-14. Right of certain persons to limit possession of firearms on premises.
1 This section may be referred to as "The Business Liability Protection Act".
2 (a) As used in this section:
3 (1) "Parking lot" means any property that is used for parking motor vehicles and is
4 available to customers, employees, or invitees for temporary or long‐term parking or storage of
5 motor vehicles: Provided, That for purposes of this section, parking lot does not include the private
6 parking area at a business located at the primary residence of the property owner.
7 (2) "Motor vehicle" means any privately-owned automobile, truck, minivan, sports utility
8 vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle
9 operated on the roads of this state and, which is required to be registered under state law:
10 Provided, That for purposes of this section, motor vehicle does not mean vehicles owned, rented,
11 or leased by an employer and used by the employee in the course of employment.
12 (3) "Employee" means any person, who is over 18 years of age, not prohibited from
13 possessing firearms by the provisions of this code or federal law, and who:
14 (A) Works for salary, wages, or other remuneration;
15 (B) Is an independent contractor; or
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16 (C) Is a volunteer, intern, or other similar individual for an employer.
17 (4) "Employer" means any business that is a sole proprietorship, partnership, corporation,
18 limited liability company, professional association, cooperative, joint venture, trust, firm,
19 institution, association, or public-sector entity, that has employees.
20 (5) "Invitee" means any business invitee, including a customer or visitor, who is lawfully
21 on the premises of a public or private employer.
22 (6) "Locked inside or locked to" means:
23 (A) The vehicle is locked; or
24 (B) The firearm is in a locked trunk, glove box, or other interior compartment, or
25 (C) The firearm is in a locked container securely fixed to the vehicle; or
26 (D) The firearm is secured and locked to the vehicle itself by the use of some form of
27 attachment and lock.
28 (b) Notwithstanding the provisions of this article, any owner, lessee, or other person
29 charged with the care, custody, and control of real property may prohibit the carrying openly or
30 concealing of any firearm or deadly weapon on property under his or her domain: Provided, That
31 for purposes of this section "person" means an individual or any entity which may acquire title to
32 real property: Provided, however, That for purposes of this section "natural person" means an
33 individual human being.
34 (c) Any natural person carrying or possessing a firearm or other deadly weapon on the
35 property of another who refuses to temporarily relinquish possession of the firearm or other deadly
36 weapon, upon being requested to do so, or to leave the premises, while in possession of the
37 firearm or other deadly weapon, is guilty of a misdemeanor and, upon conviction thereof, shall be
38 fined not more than $1,000 or confined in jail not more than six months, or both: Provided, That
39 the provisions of this section do not apply to a natural person as set forth in §61-7-6(a)(5) through
40 §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
41 official capacity or to a natural person as set forth in §61-7-6(b)(1) through §61-7-6(b)(8) of this
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42 code, while acting in his or her official capacity: Provided, however, That under no circumstances,
43 except as provided for by the provisions of §61-7-11a(b)(2)(A) through (K) of this code, may any
44 natural person possess or carry or cause the possession or carrying of any firearm or other deadly
45 weapon on the premises of any primary or secondary educational facility in this state unless the
46 natural person is a law-enforcement officer or he or she has the express written permission of the
47 county school superintendent.
48 (d) Prohibited acts. – Notwithstanding the provisions of subsections (b) and (c) of this
49 section:
50 (1) No owner, lessee, or other person charged with the care, custody, and control of real
51 property may prohibit any customer, employee, or invitee from possessing any legally owned
52 firearm, when the firearm is:
53 (A) Lawfully possessed;
54 (B) Out of view;
55 (C) Locked inside or locked to a motor vehicle in a parking lot; and
56 (D) When the customer, employee, or invitee is lawfully allowed to be present in that area.
57 (2) No owner, lessee, or other person charged with the care, custody, and control of real
58 property may violate the privacy rights of a customer, employee, or invitee by conducting an actual
59 search of a motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle:
60 Provided, That a search of a motor vehicle in a parking lot to ascertain the presence of a firearm
61 within that motor vehicle may only be conducted by on-duty, law enforcement personnel, in
62 accordance with statutory and constitutional protections.
63 (3) No owner, lessee, or other person charged with the care, custody, and control of real
64 property may remove a customer, employee, or invitee for storing a firearm inside a motor vehicle
65 in a parking lot as defined in this section, nor may they terminate an employee or take other
66 adverse employment action against an employee for such storage, except in cases of threats of
67 unlawful action.
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68 (4) No employer may condition employment upon either:
69 (A) The fact that an employee or prospective employee holds or does not hold a license
70 issued pursuant to §61-7-4 or §61-7-4a of this code; or
71 (B) An agreement with an employee or a prospective employee prohibiting that natural
72 person from keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot
73 when the firearm is kept for lawful purposes.
74 (5) No owner, lessee, or other person charged with the care, custody, and control of real
75 property may prohibit or attempt to prevent any customer, employee, or invitee from entering the
76 parking lot of the person's place of business because the customer's, employee's, or invitee's
77 motor vehicle contains a legal firearm being carried for lawful purposes that is out of view within
78 the customer's, employee's, or invitee's motor vehicle.
79 (e) Limitations on duty of care; immunity from civil liability. —
80 (1) When subject to the provisions of subsection (d) of this section, an employer, owner,
81 lessee, or other person charged with the care, custody, and control of real property has no duty
82 of care related to the acts prohibited under said subsection.
83 (2) An employer, owner, lessee, or other person charged with the care, custody, and
84 control of real property is not liable in a civil action for money damages based upon any actions
85 or inactions taken in compliance with subsection (d) of this section. The immunity provided in this
86 subdivision does not extend to civil actions based on actions or inactions of employers, owners,
87 lessees, or other persons charged with the care, custody, and control of real property unrelated
88 to subsection (d) of this section.
89 (3) Nothing contained in this section may be interpreted to expand any existing duty or
90 create any additional duty on the part of an employer, owner, lessee, or other person charged
91 with the care, custody, and control of real property.
92 (f) Enforcement. – The Attorney General is authorized to enforce the provisions of
93 subsection (d) of this section and may bring an action seeking either:
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94 (1) Injunctive or other appropriate equitable relief to protect the exercise or enjoyment of
95 the rights secured in subsection (d) of any customer, employee, or invitee;
96 (2) Civil penalties of no more than $5,000 for each violation of subsection (d) and all costs
97 and attorney's fees associated with bringing the action; or
98 (3) Both the equitable relief and civil penalties described in subdivisions (1) and (2) of this
99 subsection, including costs and attorney's fees. This action must be brought in the name of the
100 state and instituted in the Circuit Court of Kanawha County. The Attorney General may negotiate
101 a settlement with any alleged violator in the course of his or her enforcement of subsection (d) of
102 this section.
103 (4) Notwithstanding any other provision in this section to the contrary, the authority granted
104 to the Attorney General in this subsection does not affect the right of a customer, employee, or
105 invitee aggrieved under the authority of subsection (d) of this section to bring an action for violation
106 of the rights protected under this section in his or her own name and instituted in the circuit court
107 for the county where the alleged violator resides, has a principal place of business, or where the
108 alleged violation occurred. In any successful action brought by a customer, employee, or invitee
109 aggrieved under the authority of subsection (d) of this section, the court may award injunctive or
110 other appropriate equitable relief and civil penalties as set forth in subdivisions one, two and three
111 of this subsection. In any action brought by a customer, employee, or invitee aggrieved under the
112 authority of subsection (d) of this section, the court shall award all court costs and attorney's fees
113 to the prevailing party.
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The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate Originated in the House of Delegates.
In effect ninety days from passage.
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Speaker of the House of Delegates
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President of the Senate __________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2024.
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Governor
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Statutes affected:
Introduced Version: 61-7-14
Committee Substitute: 61-7-14
Enrolled Committee Substitute: 61-7-14