Relating to allowing the carry of firearms on Capitol grounds and in buildings, with exceptions

HB 5371 Text

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Introduced Version

House Bill 5371 History

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

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5371
By delegate Jeffries
[Introduced February 09, 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 carry of firearms on Capitol grounds and in buildings, with exceptions.
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)
C
arry of deadly weapons, nonlethal agent, disruption
:
(1) It is unlawful for any person to bring
upon the

into any
State Capitol Complex
building
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.
(2) (A) A person, who is licensed under §61-7-4 to carry a
concealed deadly weapon
, is permitted to carry concealed in the buildings of the Capitol complex:
Provided
, That, any person desiring to carry a concealed pistol or revolver within the Capitol building must show their license upon entry, if requested;
(B) Carry of a concealed deadly weapon 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 weapons 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
:
Provided further
, That this subsection does not apply to the lawful carrying of a deadly weapon, firearm or any size container of pepper spray on the sidewalks and streets that directly border and surround the State Capitol Complex grounds.
(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 allow for the carry of a firearm or deadly weapon on the Capitol grounds and surrounding streets and sidewalks that border the capitol complex and the carrying of a firearm in the Capitol Building with certain exceptions.
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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