(a) Upon the retirement of a member of the commissions investigative staff, the cochairs of the commission shall award to the retiring employee a duty weapon used by the employee when that employee retires honorably after having served:(1) At least 20 years of actual service on the commissions investigative staff;(2) At least 20 years in law enforcement and an additional 10 years of service on the commissions investigative staff; or(3) Any period of service on the commissions investigative staff and retires due to total physical disability resulting from his or her service to the commission.(b) The award of the duty weapon shall be without charge to the employee or other condition: Provided, That the cochairs shall not award a duty weapon to any retiring employee whom the cochairs find to be mentally incapacitated or to be a danger to any person or to the community.(c) The commission has the sole authority to determine the manner of disposition of duty weapons of members of the commissions investigative staff when replaced due to age or routine wear. The commission may offer these surplus weapons for sale at fair market value to any active or retired member of the commissions mmissions investigative staff when replaced due to age or routine wear. The commission may offer these surplus weapons for sale at fair market value to any active or retired member of the commissions investigative staff who has been designated to carry a firearm in the course of duties with the commission, with the proceeds of any sales to be used to offset the cost of new weapons. Surplus duty weapons may also be included as trade-ins toward the purchase of new weapons.
West Virginia Legal Code