H. B. 2425
(By Delegates Michael, Williams, Stemple,
Proudfoot, Shelton and Anderson)
[Introduced February 21, 2001; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section fifty-eight, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing limited
circumstances under which persons living outside
municipalities may shoot or discharge a firearm within five
hundred feet of their dwelling house.
Be it enacted by the Legislature of West Virginia:
That section fifty-eight, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-58. Shooting across road or near building or crowd; penalty.
(a) It
shall be is unlawful for any person to shoot or
discharge any firearms across or in any public road in this state,
at any time, or within four hundred feet of any schoolhouse or church, or within five hundred feet of any dwelling house or on or
near any park or other place where persons gather for purposes of
pleasure, and any person violating this section is guilty of a
misdemeanor:
Provided, That any person operating a gun repair
shop, licensed to do business in the state of West Virginia and
duly licensed under applicable federal statutes, may be exempted
from the prohibition established by this section and section
twelve, article seven, chapter sixty-one of this code for the
purpose of test firing a firearm. The director of the department
of natural resources shall prescribe such rules as may be necessary
to carry out the
purpose purposes of the exemption under this
section and section twelve, article seven, chapter sixty-one and
shall ensure that any person residing in any dwelling home within
five hundred feet of
such a gun repair shop be given an opportunity
to protest the granting of
such an exemption.
(b) Notwithstanding any provision of subsection (a) of this
section to the contrary, it is lawful for a person to shoot or
discharge a firearm within five hundred feet of the person's
dwelling house if:
(A)(i) The person owns the dwelling house and it is used
exclusively by the owner for residential purposes; or
(ii) The person leases the dwelling house and it is used
exclusively by the lessee for residential purposes; and
(B) The dwelling house is situated:
(i) More than five hundred feet outside any municipality;
(ii) More than four hundred feet from any schoolhouse or
church;
(iii) More than five hundred feet from any other dwelling
house unless the person who owns, leases or is charged with the
care, custody and control of the other dwelling house has consented
to the shooting or discharge of the firearm; and
(C) The dwelling house is not on or near any park or other
place where persons gather for purposes of pleasure; and
(D) The shooting or discharge of the firearm is not done for
an unlawful purpose.
NOTE: The purpose of the bill is to remove the criminal
penalties for persons living in rural homes who shoot or discharge
a firearm within 500 feet of their homes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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