HB 4150
Pertaining to the right of lawful medical cannabis card holders, and their caregivers
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that individuals with West Virginia medical cannabis cards and their registered caregivers are not automatically prohibited from owning, purchasing, or possessing firearms. It specifically states that a person’s medical cannabis status should not be a reason to deny them the right to own firearms, with certain exceptions related to criminal history and mental health. The bill also outlines penalties for carrying firearms for prohibited individuals and establishes a process for individuals previously deemed mentally incompetent to reclaim their firearm rights.
Key provisions
- Medical cannabis card holders and their caregivers are not automatically prohibited from owning firearms.
- A person’s medical cannabis status cannot be the sole basis for denying firearm ownership.
- Certain criminal convictions (felonies, domestic violence, etc.) remain disqualifying factors.
- Individuals previously adjudicated as mentally incompetent can petition to regain firearm rights.
- Carrying a concealed firearm by a prohibited individual is a felony.
- A process is established for expunged or pardoned individuals to regain firearm rights.
- Penalties for violating firearm possession restrictions include fines and jail time.
- The bill addresses the surrender of firearms by individuals previously determined mentally incompetent.
Who is affected
- Medical cannabis card holders
- Caregivers of medical cannabis card holders
- Firearms owners
- Law enforcement agencies
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