Relating to Capitol Carry

HB 5170 Text

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Introduced Version

House Bill 5170 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5170
By Delegates Anders and Kump
[Introduced February 04, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to allowing the constitutional right to open carry firearms on and in Capitol grounds.
Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol Complex; penalties.

(a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency, or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or confined in jail not more than six months, or both fined and confined:
Provided,
That any assembly in a peaceable, lawful, and orderly manner for a redress of grievances is not a violation of this section.
(b)
Open carry of deadly weapons, nonlethal agent, disruption
:
(1) It is unlawful for any person to bring upon the State Capitol Complex any deadly weapon as defined in §61-7-2 of this code:
Provided,
That a person who may lawfully possess a firearm may keep a firearm in his or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view:
Provided, however,
That a person may not carry upon the State Capitol Complex
,
a cannister of pepper spray
,
as defined in §61-7-2 of this code
,
that exceeds one ounce
:

Provided, further
, That a person may lawfully carry a firearm in an open carry status
.
(2) (A) A person is permitted to exercise his or her right to constitutional carry, and may open carry a firearm on the grounds of the Capitol, and in the Capitol building;
(B) Open carry of a handgun is not permitted in:
(1) The Governor's office; and
(2) The chambers of the Supreme Court, including the entirety of the third and fourth floor of the East wing.
(C) The State Senate and House of Delegates may develop firearms rules for the gallery and floor of their respective chambers.
(3)
It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork, or adornment in the State Capitol Complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair, or elevator in the State Capitol Complex after being asked by a law-enforcement officer acting in his or her official capacity to desist:
Provided
further
,
That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress:
And
Provided,
further
however
,
That this subsection does not apply to a law-enforcement officer acting in his or her official capacity.
(2)

(4)
Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, or confined in jail not more than six months, or both fined and confined.

NOTE: The purpose of this bill is to change the West Virginia Code to allow the constitutional right of open carry on and in Capitol grounds.
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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