Introduced Version
House Bill 2572 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2572
(By Delegates Overington, Nelson, J., Folk, Kump,
Faircloth, Butler, Cadle, Householder, Phillips, R.,
Barrett and Miller)
[Introduced February 20, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §20-2-5 and §20-2-6a of the Code of
West Virginia, 1931, as amended, all relating to clarifying
circumstances under which a person may possess certain
firearms while afield hunting or engaging in other outdoor
recreational activities.
Be it enacted by the Legislature of West Virginia:
That §20-2-5 and §20-2-6a of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other
unlawful acts.
Except as authorized by the director, it is unlawful at any
time for any person to:
(1) Shoot at or to shoot any wild bird or animal unless it is
plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or attempt to take, any live wild animal or wild bird out of its den
or place of refuge except as may be authorized by rules promulgated
by the director or by law;
(3) Make use of, or take advantage of, any artificial light in
hunting, locating, attracting, taking, trapping or killing any wild
bird or wild animal, or to attempt to do so, while having in his or
her possession or subject to his or her control, or for any person
accompanying him or her to have in his or her possession or subject
to his or her control, any firearm, whether cased or uncased, bow,
arrow, or both, or other implement or device suitable for taking,
killing or trapping a wild bird or animal: Provided, That it is
lawful to hunt or take coyote, fox, raccoon, opossum or skunk by
the use of artificial light subject to the restrictions set forth
in this subdivision. No person is guilty of a violation of this
subdivision merely because he or she looks for, looks at, attracts
or makes motionless a wild bird or wild animal with or by the use
of an artificial light, unless at the time he or she has in his or
her possession a firearm, whether cased or uncased, bow, arrow, or
both, or other implement or device suitable for taking, killing or
trapping a wild bird or wild animal, or unless the artificial light
(other than the head lamps of an automobile or other land
conveyance) is attached to, a part of or used from within or upon
an automobile or other land conveyance.
Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for
each offense be fined not less than $100 nor more than $500 and
shall be confined in jail for not less than ten days nor more than
one hundred days;
(4) Hunt for, take, kill, wound or shoot at wild animals or
wild birds from an airplane, or other airborne conveyance, an
automobile, or other land conveyance, or from a motor-driven water
conveyance, except as authorized by rules promulgated by the
director;
(5) Take any beaver or muskrat by any means other than by
trap;
(6) Catch, capture, take or kill by seine, net, bait, trap or
snare or like device of any kind any wild turkey, ruffed grouse,
pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully the
nest or eggs of any wild bird or have in his or her possession the
nest or eggs unless authorized to do so under rules promulgated by
or under a permit issued by the director;
(8) Except as provided in section six of this article, carry
an uncased or loaded gun in any of the woods of this state except
during the open firearms hunting season for wild animals and
nonmigratory wild birds within any county of the state unless he or
she has in his or her possession a permit in writing issued to him
or her by the director: Provided, That this section does not prohibit hunting or taking of unprotected species of wild animals
and wild birds and migratory wild birds, during the open season, in
the open fields, open water and open marshes of the state;
(9) Have in his or her possession a crossbow with a nocked
bolt, a loaded firearm or a firearm from the magazine of which all
shells and cartridges have not been removed from which the magazine
and cartridges have not been removed, in or on any vehicle or
conveyance, or its attachments, within the state, except as may
otherwise be provided by law or regulation. Except as hereinafter
provided, between five o'clock postmeridian of one day and seven
o'clock antemeridian, eastern standard time of the day following,
any unloaded firearm or crossbow, being lawfully carried in
accordance with the foregoing provisions, may be so carried only
when in a case or taken apart and securely wrapped. During the
period from July 1 to September 30, inclusive, of each year, the
foregoing requirements relative to carrying certain unloaded
firearms are permissible only from eight-thirty o'clock
postmeridian to five o'clock antemeridian, eastern standard time:
Provided, That the time periods for carrying unloaded and uncased
firearms are extended for one hour after the postmeridian times and
one hour before the antemeridian times established above if a
hunter is preparing to or in the process of transporting or
transferring the firearms to or from a hunting site, campsite, home
or other place of abode;
(10) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement by which wildlife may be taken after
the hour of five o'clock antemeridian on Sunday on private land
without the written consent of the landowner any wild animals or
wild birds except when a big game season opens on a Monday, the
Sunday prior to that opening day will be closed for any taking of
wild animals or birds after five o'clock antemeridian on that
Sunday: Provided, That traps previously and legally set may be
tended after the hour of five o'clock antemeridian on Sunday and
the person so doing may carry only a twenty-two caliber firearm for
the purpose of humanely dispatching trapped animals. Any person
violating the provisions of this subdivision is guilty of a
misdemeanor and, upon conviction thereof, in addition to any fines
that may be imposed by this or other sections of this code, is
subject to a $100 fine;
(11) Hunt, catch, take, kill, injure or pursue a wild animal
or bird with the use of a ferret;
(12) Buy raw furs, pelts or skins of fur-bearing animals
unless licensed to do so;
(13) Catch, take, kill or attempt to catch, take or kill any
fish at any time by any means other than by rod, line and hooks
with natural or artificial lures unless otherwise authorized by law
or rules issued by the director: Provided, That snaring of any
species of suckers, carp, fallfish and creek chubs shall at all times be lawful;
(14) Employ or hire, or induce or persuade, by the use of
money or other things of value, or by any means, any person to
hunt, take, catch or kill any wild animal or wild bird except those
species on which there is no closed season, or to fish for, catch,
take or kill any fish, amphibian or aquatic life which is protected
by the provisions of this chapter or rules of the director or the
sale of which is prohibited;
(15) Hunt, catch, take, kill, capture, pursue, transport,
possess or use any migratory game or nongame birds included in the
terms of conventions between the United States and Great Britain
and between the United States and United Mexican States for the
protection of migratory birds and wild mammals concluded,
respectively, August 16, 1916, and February 7, 1936, except during
the time and in the manner and numbers prescribed by the federal
Migratory Bird Treaty Act, 16 U.S.C. §703, et seq., and regulations
made thereunder;
(16) Kill, take, catch or have in his or her possession,
living or dead, any wild bird other than a game bird; or expose for
sale or transport within or without the state any bird except as
aforesaid. No part of the plumage, skin or body of any protected
bird may be sold or had in possession for sale except mounted or
stuffed plumage, skin, bodies or heads of the birds legally taken
and stuffed or mounted, irrespective of whether the bird was captured within or without this state, except the English or
European sparrow (passer domesticus), starling (sturnus vulgaris)
and cowbird (molothrus ater), which may not be protected and the
killing thereof at any time is lawful;
(17) Use dynamite or any like explosive or poisonous mixture
placed in any waters of the state for the purpose of killing or
taking fish. Any person violating the provisions of this
subdivision is guilty of a felony and, upon conviction thereof,
shall be fined not more than $500 or imprisoned for not less than
six months nor more than three years, or both fined and imprisoned;
(18) Have a bow and gun, or have a gun and any arrow or
arrows, in the fields or woods at the same time;
(19) Have a crossbow in the woods or fields or use a crossbow
to hunt for, take or attempt to take any wildlife except as
otherwise provided in section 42w of this article;
(20) Take or attempt to take turkey, bear, elk or deer with
any arrow unless the arrow is equipped with a point having at least
two sharp cutting edges measuring in excess of three fourths of an
inch wide;
(21) Take or attempt to take any wildlife with an arrow having
an explosive head or shaft, a poisoned arrow or an arrow which
would affect wildlife by any chemical action;
(22) Shoot an arrow across any public highway or from
aircraft, motor-driven watercraft, motor vehicle or other land conveyance;
(23) Permit any dog owned by him or her or under his or her
control to chase, pursue or follow upon the track of any wild
animal or wild bird, either day or night, between May 1 and the
August 15 next following: Provided, That dogs may be trained on
wild animals and wild birds, except deer and wild turkeys, and
field trials may be held or conducted on the grounds or lands of
the owner or by his or her bona fide tenant or tenants or upon the
grounds or lands of another person with his or her written
permission or on public lands at any time: Provided, however, That
nonresidents may not train dogs in this state at any time except
during the legal small game hunting season: Provided further, That
the person training said dogs does not have firearms or other
implements in his or her possession during the closed season on
wild animals and wild birds, whereby wild animals or wild birds
could be taken or killed;
(24) Conduct or participate in a field trial, shoot-to-
retrieve field trial, water race or wild hunt hereafter referred to
as trial: Provided, That any person, group of persons, club or
organization may hold the trial at any time of the year upon
obtaining a permit as is provided in section fifty-six of this
article. The person responsible for obtaining the permit shall
prepare and keep an accurate record of the names and addresses of
all persons participating in said trial and make same readily available for inspection by any natural resources police officer
upon request;
(25) Except as provided in section four of this article, hunt,
catch, take, kill or attempt to hunt, catch, take or kill any wild
animal, wild bird or wild fowl except during the open season
established by rule of the director as authorized by subdivision
(6), section seven, article one of this chapter;
(26) Hunting on public lands on Sunday after five o'clock
antemeridian is prohibited;
(27) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement which wildlife can be taken, on private
lands on Sunday after the hour of five o'clock antemeridian:
Provided, That the provisions of this subdivision do not apply in
any county until the county commission of the county holds an
election on the question of whether the provisions of this
subdivision prohibiting hunting on Sunday shall apply within the
county and the voters approve the allowance of hunting on Sunday in
the county. The election is determined by a vote of the resident
voters of the county in which the hunting on Sunday is proposed to
be authorized. The county commission of the county in which Sunday
hunting is proposed shall give notice to the public of the election
by publication of the notice as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code and the publication area for the publication is the county in which the election is to be held. The date of the last
publication of the notice shall fall on a date within the period of
the fourteen consecutive days next preceding the election.
On the local option election ballot shall be printed the
following:
Shall hunting on Sunday be authorized in ________ County?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)
Any local option election to approve or disapprove of the
proposed authorization of Sunday hunting within a county shall be
in accordance with procedures adopted by the commission. The local
option election may be held in conjunction with a primary or
general election or at a special election. Approval shall be by a
majority of the voters casting votes on the question of approval or
disapproval of Sunday hunting at the election.
If a majority votes against allowing Sunday hunting, no
election on the issue may be held for a period of one hundred four
weeks. If a majority votes "yes," no election reconsidering the
action may be held for a period of five years. A local option
election may thereafter be held if a written petition of qualified
voters residing within the county equal to at least five percent of
the number of persons who were registered to vote in the next
preceding general election is received by the county commission of
the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at
the next primary or general election scheduled more than ninety
days following receipt by the county commission of the petition
required by this subsection: Provided, That the issue may not be
placed on the ballot until all statutory notice requirements have
been met. No local law or regulation providing any penalty,
disability, restriction, regulation or prohibition of Sunday
hunting may be enacted and the provisions of this article preempt
all regulations, rules, ordinances and laws of any county or
municipality in conflict with this subdivision; and
(28) Hunt or conduct hunts for a fee where the hunter is not
physically present in the same location as the wildlife being
hunted within West Virginia.
§20-2-6a. Carrying a concealed handgun.
(a) Notwithstanding any provision of this code to the
contrary, a person licensed to carry a concealed weapon pursuant to
the provisions of section four, article seven, chapter sixty-one of
this code who is not prohibited at the time from possessing a
firearm pursuant to the provisions of section seven, article seven,
chapter sixty-one of this code or by any applicable federal law may
carry a handgun in a concealed manner for self defense purposes
while afield hunting, hiking, camping or in or on a motor vehicle.
(b) The provisions of this section shall not exempt any person
from obtaining any hunting or fishing license or stamp required by the Division of Natural Resources.
NOTE: The purpose of this bill is to clarify circumstances
under which a person may possess certain firearms while afield
hunting or engaging in other outdoor recreational activities.
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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