Earl Ray Tomblin WV gov

The West Virginia Constitutional carry bill, HB 4145, has passed both the House and the Senate by wide, veto proof margins. The House passes it on a vote of 68-31, the Senate by 24-9. The bill went to Governor Tomblin on the 26th of February. According to West Virginia law, Governor Tomblin has five days to sign or veto the bill . . .

Last year, 2015, Mr. Tomblin didn’t receive the Constitutional carry bill until the last day of the session. He vetoed Constitutional carry after the legislature had adjourned, ensuring that his veto would not be overridden.

This year, Constitutional carry was passed with enough time for a veto override if necessary. If Governor Tomblin signs the bill, it becomes law; if he does nothing, it becomes law after five days. If he vetoes the bill within the five day period, the West Virginia legislature can override his veto with simple majorities in both houses. From wv.us:

Action by the Governor 

After a bill passes both chambers in the same form, it is sent to the governor. While the Legislature is in session, the governor has five days to approve or veto a bill he or she receives. After the Legislature adjourns, the governor has 15 days to act on most bills. However, the budget bill and supplemental appropriations bills must be acted upon by the governor within five days regardless of when they are received. If the governor does not act within these time limits, bills automatically become law without his or her signature.

Overriding a Veto

 If the Legislature is still in session when the governor vetoes a bill, a simple majority vote of the members of both legislative bodies is necessary to override the veto. In cases when a budget bill or supplemental appropriation bill is vetoed, a two-thirds vote of the members of both houses is needed to override the veto.

By my count the bill was sent to Governor Tomblin on  the 26th of February; If he does not sign or veto it, I expect it to become law on 3 March, 2016. The West Virginia Legislature is scheduled to stay in session until 12 March, 2016.

We should know if Governor Tomblin has vetoed HB 4145 by the third of March; the legislature will have to act promptly if they are to override a veto. They only have until the 12th of March, about six ordinary working days.

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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48 COMMENTS

    • Governor T will of coarse veto the bill and it will go to our wonderful new conservative T party Senate where the veto will be over ridden and West Virginians will not have to keep their jackets above their waste anymore . I have been CC licensed for many years now and welcome the changes here .There are a number of wonderful changes taking place now in this state that are probably directly related to the last decade of progressive rot and anti West Virginia policies in DC . Thank God for the T party and the conservative movement here in WV . We are now a Right to Work state , have repealed the new Common Core Standards
      ( rebranded ) , but it’s a start . We have seen great growth in the fracking of our MS and AS and are under going common sense regulations reforms . House bill 4604 and 4001 should make in state corruption less prevalent and house bill 4605 may keep Tomlin from naming fifty places after himself . Our state parks are going to be safer and we have just taken the number one spot in affordable housing . You can buy 60 acres , with house , utilities , barns , ponds , streams , forest and pasture land for under 90 grand and shoot all your firearms whenever you wish .
      God bless America , God bless West Virginia , God bless the grass roots conservative movement and ……………………God bless Ted Cruz , Go Ted , don’t give up , Trump will be a disaster .

        • How toxic is the water? How much mine tailings are waiting to be washed onto your land? Does a coal company own the mineral rights to “your” property?

        • How toxic is the water?
          The water you drink, exactly the same as any water coming out the clean end of an RO filter. The input water may or may not be cleaner or less clean, but only an idiot would trust water treated by a treatment plant 100 miles upstream, to remain ideal after passing though that distance of never really maintained pipes anyway. In addition, there are way more fish in VW ponds and creeks, than in those in the locales where most people live. No amount of mining will make up for Los Angeles’ combined population of polluters, when it comes to dirtying everything around them. If you want clean, rural > (sub)urban. And self sufficient > dependent on someone else.

          How much mine tailings are waiting to be washed onto your land?
          Again, plenty less than the amount of diesel soot and car tire particulates not simply waiting to fall down on your land in the places most people pay way above $90K to live.

          Does a coal company own the mineral rights to “your” property?
          Unless you buy the land to mine it, who the heck cares? A house (or home if you’re an easily suckered cheeseball), is a place to live. A very substantial reason for America’s decline into a totalitarian hellhiole, is that enough idiots got suckered by banks and busybody regulators, in to believing it, is some sort of “inveeeestmeeent.” Then, predictably, cheering on the scumocrats to bail out banksters they have signed over half their income stream to, and to zone away once free people’s basic freedoms, to “prooteeect myyy hoooome vaaalue…,,” Yup, the $50K to construct one that I went into $500K in debt to the banksters for.

        • Wow. There’s got to be some hidden catch to a place with property values that low.

          For instance, my brother-in-law keeps talking up the affordable home prices and low cost of living in Texas…but it’s still Texas. Brutal humidity, fire ants, and tornadoes. No thanks.

          Or maybe it’s like the area of southern Utah I have my heart set on: wonderful rural/wild country, but because it’s so isolated and rural, there are no jobs. Doesn’t matter how cheap/plentiful/beautiful the land is, you can’t afford to live on it if you’re unemployed.

        • I have a 90+ acre farm , farm house , I had to do some ( a lot ) of modernization to it , beautiful clean stream flows right through the middle of it , 150′ x 50′ horse barn , built in the 1980’s , a storage shed , a work barn , two wells , 25 + acres of fenced pasture , strong stand of timber , Virginia pine on top with hardwood oak and poplar prevalent , and well over a hundred black walnuts line the creek banks mixed with Sycamores .
          I own all the mineral rights , the well water is sweet , no mines within 200 miles . It’s located less than 40 miles from our Capital city , 30 minutes from the states largest mall and second largest city and 20 – 30 minutes from the states three largest hospitals and I have access to high speed internet there too . There is electric and land phone services and to top it off I have constructed a full 1000 yard gun range for my personal pleasure so , yes , I am truly blessed and this actually is a great state .
          I purchased this farm in 1989 for a little over $70,000.00 and I still see great deals every week in our real-estate guides that are comparable .
          I saw an add just the other day for 150 acres in Wayne County with most of what I described and 65 plus acres of hardwood for $ 95,000.00 asking .
          Welcome !

      • You need a wall at Harper’s Ferry to keep the anti-gun Marylanders from moving in. As for pro-gun Marylanders like me I escaped to York County, PA. But I love visiting my friends in WV!!! I might’ve escaped to the wrong state…..

      • Mark I guess your a right wing nut? I am a retired military officer and I am absolutely opposed to the conceal weapon carry. The problem with West Virginians they don’t get out and vote. We had the lowest turn out of any state in the last election. This legislature has nothing but pass frivolous laws ie: Raw cow milk bill is just one example. They haven’t even begun to work on the budget with 9 days left. Mark my work they will probable go into extra
        session at tax payers expense. Raising tax on cigarettes to help fund other agencies was voted down by the house. Unbeliveable. Reading your post I bet you a smoker. They”re even trying to lift the ban on smoking in restaurants. UNBLIEVEABLE. I bet you listen to fox news because you can’t thing for yourself. One thing I hope is that Donald
        Trump wins your right wing primary because I would mush rather see him win that Ted Cruise. HE SCARES THE HELL OUT OF ME.

        • I am a retired military officer and I am absolutely opposed to the conceal weapon carry.

          Why do you think being a retired military officer is germane to your opinion, and why do you oppose concealed carry?

  3. Thats how it is

    Only white override

    1.) Montana
    2.) Utah
    3.) West Virginia
    4.) South Dakota
    5.) New Hampshire

    Gouverneur say he sign it but it not come on his table

    1.) Texas
    2.) South Carolina
    3.) Tennessee
    4.) Georgia
    5.) Wyoming Full

    Hope other states can join

  5. It sounds like a shoe-in, but we all know that there’s a whole gaggle of Progressive lawyers sweating hard while they look for some legal trick to prevent this from passing before the looming deadline.

  6. That’s tomorrow by 5:00 p.m. Their time? This would be pretty neat if he would just sign it.

    • If he vetoed it before, he won’t sign it now. He will either let it become law without his signature or veto and let them override. Either way, it becomes law, so the question is, which is the preferred route? The former saves face, the latter not so much. Bets anyone?

      • I am thinking that the Governor vetoes it and hopes that the legislature is unable to schedule a vote to override his veto. If you are the Governor, why not make it as hard as possible? He was able to successfully stop it last time. Maybe he can stop it this time as well.

        At least the West Virginia legislature only needs a simple majority to override the Governor’s veto. Many states require 2/3 majorities … and then that only comes into play if they are actually willing to override their Governor’s veto even when they have enough votes to do it.

        • Same. He gamed the system the last time, so I would think he will try to do it again. He will probably wait until 4:59PM to veto the bill to make it as inconvenient as possible to override the veto. He probably has a bunch of lawyers combing the law books and court decisions to see if he can use executive edicts to crush the law.

        • He will veto , yes , but WV Senate only needs 51 to override and thanks to Barry and the Washington Progressives , we have the override ready to go . It will be law .
          I have fought very long and hard for this .

      • If he knows he’s beat no matter what, I think he will let it ride. That way he takes no responsibility for denying it or agreeing to it; whether things go bad or good. He doesn’t offend any constituents that way.

    • A bill has been introduced, and we have a Tea Party governor now. It’ll probably happen.

      • I am a hopeful kind of guy, but I do caution optimism in political matters.

        A bill including Constitutional Carry (and a few other important things) was in consideration here (NC) last year. We have an R Governor and R control in both houses for the first time in over 100 years…

        And the bill failed.

        The Reason?

        Well, my read of it was that one or two (actually more than that, but a tiny minority) of Sheriff’s in the State’s Progressive enclaves got very vocal against it. “Can’t have people just carrying guns!” even though NC has unlicensed OC and Shall Issue CHP that’s not too hard to get.

        They made just enough noise, it seems (I am guessing) to get the Sheriff’s Association, as an ‘organization,’ not the individual member Sheriff’s, to oppose the bill. “Law and Ordah!” rallied many of the CONSERVATIVE Southerners here … folks that will sell out the 2A in favor of just about any LEO claim for why infringement is “necessary.”

        So, while I appreciate your optimism, don’t count it a shoe-in just because some pols have (R) after their name. They are just as open to manipulation by opposition as any other pol. You’d think with total R control in the State government here, a lot of crap would get undone. It just isn’t happening.

        Keep up the pressure. No complacency. And here’s to hoping your state does get Constitutional Carry.

        (I predict NC will eventually get there, but it has been tried several times and just can’t get the momentum to carry it through. This also shows the dangers and power of those small Progressive enclaves in a State…they wield power out of proportion…)

        • You’d think with total R control in the State government here, a lot of crap would get undone. It just isn’t happening.

          That is pretty much the case everywhere. If you look at government over the past 90 years or so, it has been steadily heading in the Progressive direction. All the Conservatives seem to be able do is reduce the speed of our march in that direction. What they have not done is reverse course.

          And that is why I recently started referring to the Republican platform as “Democrat Light”.

    • Not until we get new leadership. Speaker Bosma and committee chairman Bosma spiked Lucas’ constitutional carry bills each of the past two sessions.

  11. My Rep has introduced a Constitutional Carry Bill into the Missouri House. Not sure it will go anywhere but, we’ve been making gains little by little here.

    • Yeah, I’m a bit disappointed by MO, I thought that Amendment 5 or whatever almost 2 years threw open the door for constitutional carry, but I guess not… 🙁

    • In a way it’s a good thing. We already knew he was against the bill and is on his way out, the smart money was on a veto.

      With there still being time left on the clock, we get to see where the delegates and senators (with careers and donors to still think about) that supported the bill fully expecting a veto really stand.

  17. Override vote in House YEAS: 64 NAYS: 33 NOT VOTING: 3

    Couple of flip floppers in there. Border (R), Cowles (R) went NAY.

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