H. B. 2289
(By Delegates Spencer, Amores and Walters)
[Introduced February 14, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §61-7-4 of the Code of West Virginia,
1931, as amended, relating to requiring stricter controls,
oversight and purchasing practices of the sheriff's concealed
weapon fund.
Be it enacted by the Legislature of West Virginia:
That §61-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.
(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon shall apply to the sheriff of his or her county for
such license, and shall pay to the sheriff, at the time of
application, a fee of seventy-five dollars, of which fifteen dollars
of that amount shall be deposited in the courthouse facilities
improvement fund created by section six, article twenty-six, chapter
twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the
sheriff, a complete application, as prepared by the Superintendent
of the West Virginia State Police, in writing, duly verified, which
sets forth only the following licensing requirements:
(1) The applicant's full name, date of birth, social security
number and a description of the applicant's physical features;
(2) That, on the date the application is made, the applicant
is a bona fide resident of this State and of the county in which the
application is made and has a valid driver's license or other
state-issued photo identification showing such residence;
(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain his
or her concealed weapons license notwithstanding the provisions of
this section requiring new applicants to be at least twenty-one
years of age:
Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed weapon as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return his or her license to
the issuing sheriff;
(4) That the applicant is not addicted to alcohol, a controlled
substance or a drug and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of a deadly weapon;
(6) That the applicant has not been convicted of a misdemeanor
offense of assault or battery either under the provisions of section
twenty-eight, article two of this chapter or the provisions of
subsection (b) or (c), section nine, article two of this chapter in
which the victim was a current or former spouse, current or former
sexual or intimate partner, person with whom the defendant has a
child in common, person with whom the defendant cohabits or has
cohabited, a parent or guardian, the defendant's child or ward or
a member of the defendant's household at the time of the offense;
or a misdemeanor offense with similar essential elements in a
jurisdiction other than this State;
(7) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of
a final domestic violence protective order entered by a court of any
jurisdiction;
(8) That the applicant is physically and mentally competent to
carry such weapon;
(9) That the applicant has not been adjudicated to be mentally
incompetent;
(10) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such weapon:
Provided, That this requirement
shall be waived in the case of a renewal applicant who has
previously qualified;
(11) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct an investigation relative to the
information contained in the application.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(5), (6), (8) and (9), subsection (a) of this section are true and
correct.
(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses received by the sheriff shall
be deposited by the sheriff into a concealed weapons license
administration fund. Such fund shall be administered by the sheriff
and shall take the form of an interest bearing account with any
interest earned to be compounded to the fund. Any funds deposited
in this concealed weapon license administration fund are to be
expended by the sheriff to pay for the costs associated with issuing
concealed weapons licenses. Any surplus in the fund on hand at the
end of each fiscal year may be expended for other law-enforcement
purposes or operating needs of the sheriff's office, as the sheriff
may consider appropriate.
(1) The sheriff shall make all purchases by competitive bid
pursuant to all rules governing the procedure for competitive bids promulgated by the county commission pursuant to section eleven-b,
article one, chapter seven of this code.
(2) All expenditures from the fund shall be by draft and the
sheriff shall, within five days of the issuance or execution of each
draft, file a copy of each draft with invoices or other evidence of
the property or services purchased with the clerk of the county
commission to be preserved in the office of the county commission.
(d) All persons applying for a license must complete a training
course in handling and firing a handgun. The successful completion
of any of the following courses fulfills this training requirement:
(1) Any official National Rifle Association handgun safety or
training course;
(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by such institution;
(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association;
(4) Any handgun training or safety course or class conducted
by any branch of the United States military, reserve or national
guard.
A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of
qualification under this section.
(e) All concealed weapons license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.
(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed.
(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of fifteen dollars which the sheriff shall forward to the
superintendent of the West Virginia State Police within thirty days
of receipt. Any such license shall be valid for five years
throughout the State, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, shall continue to hold a valid concealed
weapons license until his or her license expires or is revoked as
provided for in this article: Provided, That all reapplication fees shall be waived for applications received by the first day of
January, one thousand nine hundred ninety-seven, for any person
holding a current and valid concealed weapons license as of the
sixteenth day of December, one thousand nine hundred ninety-five,
which contains use restrictions placed upon the license as a
condition of issuance by the issuing circuit court. Any licenses
reissued pursuant to this subsection will be issued for the time
period of the original license.
(i) Each license shall contain the full name, social security
number and address of the licensee and a space upon which the
signature of the licensee shall be signed with pen and ink. The
issuing sheriff shall sign and attach his or her seal to all license
cards. The sheriff shall provide to each new licensee a duplicate
license card, in size similar to other state identification cards
and licenses, suitable for carrying in a wallet, and such license
card is deemed a license for the purposes of this section.
(j) The Superintendent of the West Virginia State Police shall
prepare uniform applications for licenses and license cards showing
that such license has been granted and shall do any other act
required to be done to protect the State and see to the enforcement
of this section.
(k) In the event an application is denied, the specific reasons
for the denial shall be stated by the sheriff denying the
application. Any person denied a license may file, in the circuit
court of the county in which the application was made, a petition
seeking review of the denial. Such petition shall be filed within thirty days of the denial. The court shall then determine whether
the applicant is entitled to the issuance of a license under the
criteria set forth in this section. The applicant may be
represented by counsel, but in no case shall the court be required
to appoint counsel for an applicant. The final order of the court
shall include the court's findings of fact and conclusions of law.
If the final order upholds the denial, the applicant may file an
appeal in accordance with the rules of appellate procedure of the
Supreme Court of Appeals.
(l) In the event a license is lost or destroyed, the person to
whom the license was issued may obtain a duplicate or substitute
license for a fee of five dollars by filing a notarized statement
with the sheriff indicating that the license has been lost or
destroyed.
(m) The sheriff shall, immediately after the license is granted
as aforesaid, furnish the Superintendent of the West Virginia State
Police a certified copy of the approved application. It shall be
the duty of the sheriff to furnish to the Superintendent of the West
Virginia State Police at any time so requested a certified list of
all such licenses issued in the county. The Superintendent of the
West Virginia State Police shall maintain a registry of all persons
who have been issued concealed weapons licenses.
(n) All licensees must carry with them a state-issued photo
identification card with the concealed weapons license whenever the
licensee is carrying a concealed weapon. Any licensee who fails to
have in his or her possession a state-issued photo identification card and a current concealed weapons license while carrying a
concealed weapon shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty or nor more
than two hundred dollars for each offense.
(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.
(p) No person who is engaged in the receipt, review or in the
issuance or revocation of a concealed weapon license shall incur any
civil liability as the result of the lawful performance of his or
her duties under this article.
(q) Notwithstanding the provisions of subsection (a) of this
section, with respect to application by a former law-enforcement
officer honorably retired from agencies governed by article
fourteen, chapter seven of this code; article fourteen, chapter
eight of this code; article two, chapter fifteen of this code; and
article seven, chapter twenty of this code, an honorably retired
officer is exempt from payment of fees and costs as otherwise
required by this section, and the application of the honorably
retired officer shall be granted without proof or inquiry by the
sheriff as to those requirements set forth in subdivision (9),
subsection (a) of this section, if the officer meets the remainder
of the requirements of this section and has the approval of the
appropriate chief law-enforcement officer.
NOTE: The purpose of this bill is to provide for consistency
in purchasing procedures and disclosure procedures regarding the
expenditure of public funds by the sheriff and the county commission
and the identification and inventorying of public property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.