Senate extends constitutional carry to 18-20 year olds 

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By Stephen Baldwin, RealWV

CHARLESTON, WV – In a 33-1 vote on Tuesday morning, the West Virginia Senate passed SB30 which “allow(s) those persons 18-20 years of age to be permitted to carry a deadly weapon as those persons 21 and over are currently permitted to do.”

Under current state law, individuals who are age 21 and over are allowed to conceal-carry a firearm without receiving training and a permit. Those ages 18-20 are only allowed to conceal carry if they obtain a provisional concealed handgun license. 

Sen. Tom Willis, R-Berkely, explained the bill prior to the vote, saying, “With this bill, the Legislature is recognizing the Second Amendment right of all adult West Virginians to constitutional carry at 18 years of age by eliminating the requirement for an 18-20 year old to obtain (a permit).” 

The only discussion of the bill came from Sen. Joey Garcia, D-Marion, and Sen. Chris Rose, R-Monongahela.   

Garcia spoke for current law and against SB30, arguing, “That bill (allowing constitutional carry in 2016 for adults) provided an exception for those ages 18-20. For those individuals, having a permit protects their safety. The main thing being the training course. There’s a number of things we don’t allow for people when they turn 18–alcohol for example. There’s a rationale for having another level of protectedness. That training and guidance is something that can be helpful for them.”

Rose, speaking for the bill, then asked Garcia, “Can 18-20 year olds get drafted into our nation’s military?”

“There is no draft. They can join the military.”

“Can they carry firearms?” Rose asked. 

Garcia replied, “I assume so.” 

“Can they be sent to war?”

“Yes.” 

Rose then asked, “If they’re old enough to go to war to defend this country, why should we deny them their constitutional right?” 

“They’ll receive the kind of training we’re talking about,” Garcia said of 18-20 year olds who join the military.

Rose then spoke to the bill, saying, “This is constitutional cleanup to restore the full constitution rights of 18-20 years olds. They’re old enough to vote, work, and put their lives on the line. But they’ve been denied the constitutional right to carry. I support this bill 1,000%.”

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Dr. Jim McJunkin testifies before Senate Judiciary on Tuesday. Photo by Will Price.

During committee consideration, Dr. Jim McJunkin, a local doctor with the American Academy of Pediatrics, shared his concerns about the bill. “Firearm related deaths are the leading cause of mortality for children in the US making this a critical public health issue. This is a high risk age group for firearm death.” He said there have been recent incidents in Charleston where young people were killed in firearm accidents. 

The bill passed by a vote of 33-1 and now goes to the House of Delegates for consideration.