A proposed $100 tax credit intended to encourage residents to continue to obtain concealed carry permits for firearms has become a stumbling block, delaying action on a bill to legalize permit-less concealed carry (HB4145), Senate Judiciary Chairman Charles Trump, R-Morgan, said Monday.
Trump said he delayed consideration of the bill in committee Monday over concerns the tax credit could cost the state $3 million or more a year.
“Either we take it out, or we need to send the bill on to Finance Committee,” he said.
The amendment, according to House Judiciary Chairman John Shott, R-Mercer, was one of several “enhancements” intended to address concerns delegates had with the original bill.
The tax credit was added following comments made in public hearings on the bill, where speakers complained about having to pay a $100 fee for the five-year license.
Sen. Mike Romano, D-Harrison, said he would prefer to waive the fee, which would not require state general revenue funding, but would take funding away from county sheriff's departments, who issue the concealed carry permits.
“I've talked to sheriffs who said they would rather waive the fee than to get rid of the licensing process,” he said.
Trump said there has also been talk about limiting license-less concealed carry to state residents, but said that raises issues under the U.S. Constitution.
“There are people who disagree whether or not that would be constitutional under the 14th Amendment,” he said. The 14th Amendment prohibits states from enacting laws that restrict rights of non-residents.
Earlier Monday, Sen. Craig Blair, R-Berkeley, gave a speech on the Senate floor endorsing permit-less concealed carry, saying, “It's a God-given right to be able to protect yourself.”
He said there's been a lot of misinformation about the bill. He disputed a recent poll of state residents showing that 84 percent of likely voters and 87 percent of gun owners support the current concealed carry requirements. He noted that the organization that funded the survey, Everytown for Gun Safety, has received substantial funding from billionaire and former New York mayor Michael Bloomberg, a strong advocate of reducing gun violence.
Blair contended that Bloomberg has a dozen bodyguards, adding, “The governor who vetoed this bill last year has two state troopers that follow him around.”
Gov. Earl Ray Tomblin vetoed the 2015 permit-less concealed carry bill, citing strong opposition from police officers statewide: “Law enforcement officers throughout the state voiced overwhelming opposition to this bill. In light of their concerns, and in the interest of public safety, I believe a veto is appropriate.”
That veto came after legislators had adjourned the 2015 regular session. This year, the bill is one of several on track for passage early enough in the session to permit time to override gubernatorial vetoes.
Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220, or follow @PhilKabler on Twitter.