HB4297 aligns state law with the Federal Law Enforcement Officers Safety Act (LEOSA). This legislation designates certain correctional officers as law-enforcement officers for purposes of LEOSA, enabling them to carry concealed firearms nationwide. The bill establishes eligibility criteria and training requirements for these officers. The Commissioner of Corrections has discretion over the program's implementation and the determination of eligible participants.
The West Virginia State Senate passed HB4297 on March 8, 2024 by a vote of 33 to 0. We have assigned pluses to the nays because states should not adopt or endorse unconstitutional federal-law enforcement programs. Upholding the authority of local and state law enforcement is a cornerstone of self-government under the U.S. Constitution’s federal system, which decentralizes power and upholds state sovereignty. The 10th Amendment makes clear that any powers not delegated to the federal government are reserved to the states or the people. While expanding concealed carry to more officers is a step in the right direction, the bill’s implementation by an unelected bureaucrat and its imposition of training or eligibility requirements contradict the intention of the Second Amendment, which prohibits all barriers to firearm possession.
