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Introduced Version House Bill 3125 History

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H. B. 3125


         (By Delegate Householder (By Request), Staggers,

                       Kump and Romine


         [Introduced February 14, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

A BILL to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to repeal §20-2-19a of said code; to repeal §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and §61-7A-5 of said code; to amend and reenact §2-2-1 of said code; to amend and reenact §5A-4-3 of said code; to amend and reenact §6-3-1 and §6-3-1a of said code; to amend and reenact §7-1-3 of said code; to amend and reenact §7-4-1 of said code; to amend and reenact §7-11-5 of said code; to amend and reenact §7-14E-2 of said code; to amend and reenact §8-12-5 of said code; to amend and reenact §8-29B-5 of said code; to amend and reenact §15-2-24b and §15-2-25 of said code; to amend and reenact §15-5-6 and §15-5-19a of said code; to amend and reenact §17C-2-3 of said code; to amend and reenact §18C-5-2 of said code; to amend and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of said code; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-2a, §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-32, §20-2-37, §20-2-42l, §20-2-42p, §20-2-46e and §20-2-58 of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to amend and reenact §24A-7-6 of said code; to amend and reenact §25-1-11c of said code; to amend and reenact §27-3-1 of said code; to amend and reenact §32-4-407 of said code; to amend and reenact §33-41-8 of said code; to amend and reenact §44A-2-6 of said code; to amend and reenact §48-27-403, §48-27-502, §48-27-601 and §48-27-1002 of said code; to amend and reenact §49-2B-3 of said code; to amend and reenact §50-1-14 of said code; to amend and reenact §55-18-1 of said code; to amend and reenact §61-5-8 of said code; to amend and reenact §61-6-1a and §61-6-19 of said code; to amend and reenact §61-7-1, §61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-7, §61-7-9, §61-7-10, §61-7-11a, §61-7-12 and §61-7-14 of said code; to amend and reenact §61-7A-2, §61-7A-3 and §61-7A-4 of said code; to amend and reenact §61-11-9 of said code; to amend and reenact §62-12-6 of said code; to amend said code by adding thereto a new section, designated §15-2-25a; to amend said code by adding thereto a new section, designated §18C-1-6; to amend said code by adding thereto a new section, designated §27-5-6; to amend said code by adding thereto a new section, designated §30-29-11; to amend said code by adding thereto a new section, designated §48-22-804; to amend said code by adding thereto a new section, designated §55-18-3; to amend said code by adding thereto nine new sections, designated §61-7-11b, §61-7-11c, §61-7-13, §61-7-14a, §61-7-15a, §61-7-16, §61-7-17, §61-7-18, §61-7-19 and §61-7-20; to amend said code by adding thereto a new section, designated §61-11-27; to amend said code by adding thereto two new sections, designated §64-5-1a and §64-5-1b; to amend said code by adding thereto a new section, designated §64-7-3a; to amend said code by adding thereto two new sections, designated §64-10-3a and §64-10-3b; and to amend said code by adding thereto a new article, designated §64-12-1 and §64-12-2, all relating to the regulation of firearms and other deadly weapons; providing uniform statutory definition of “business days” for purposes of computation of time; providing that the rights of local conservators of the peace and reserve deputy sheriffs to keep and bear arms as private citizens are neither enlarged nor diminished by virtue of their positions; clarifying various grants of authority to certain state officers and agents to carry firearms and concealed weapons while on duty; codifying common law arrest powers of prosecuting attorneys and assistant prosecuting attorneys; repealing special fees for fingerprinting services for applicants for federal firearm licenses; repealing authority of municipalities to prohibit the carrying of certain weapons; limiting access to records pertaining to licenses to carry concealed weapons, qualified retired law-enforcement officers qualified to carry concealed firearms pursuant to the federal Law Enforcement Officers Safety Act of 2004 and licensed hunters, trappers and fishermen; requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed weapons shall be deemed a West Virginia license to carry concealed weapons for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off-duty; requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law Enforcement Officers Safety Act of 2004; establishing program for issuing special qualified retired law-enforcement officer concealed firearm license by the State Police; authorizing legislative rules; providing that special qualified retired law-enforcement officer concealed firearm license is cumulative and supplemental; prohibiting state financial assistance to higher education institutions that infringe upon an individual’s right to keep and bear arms as provided by law; expanding prohibition on interference with hunters, trappers and fishermen to include the lawful possession or control of lawfully-taken wildlife; prohibiting certain harassment, intimidation or threats against hunters, trappers or fishermen; providing exemptions to prohibited acts relating to interference with hunters, trappers and fishermen; providing exemption from prohibited acts relating to interference with hunters, trappers and fishermen for constitutionally-protected activities; increasing criminal penalties for interference with hunters, trappers and fishermen; providing civil remedies for unlawful interference with hunters, trappers and fishermen; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; exempting persons who are licensed or otherwise authorized to lawfully carry concealed weapons from certain limitations on how firearms may be carried or transported; providing additional lawful means for the transportation of rifles and shotguns in or on vehicles and vessels; clarifying language on Sunday hunting local option election ballots to accurately state the nature of the question propounded; modifying restrictions relating to discharging firearms near residences, parks and certain other public places; consolidating and clarifying certain penalty provisions; requiring notice of a guardianship or conservatorship hearing to include a warning of the potential consequences of the guardianship or conservatorship action on the alleged protected person’s ability to lawfully possess firearms; requiring domestic violence protective orders to contain certain warnings about implications of order on legality of firearms possession; clarifying effect of protective orders on legality of firearms possession; prohibiting an adoption agency or entity from making suitability determinations based on, requiring disclosure relating to, or restricting the lawful possession, storage or use of a firearm or ammunition; providing immunity from civil liability for certain firearms safety instructors, course providers, sponsoring organizations and participants; modifying area covered by prohibition on transporting restricted articles on correctional facility premises; prohibiting the taking of lawfully possessed arms and ammunition during a declared state of emergency or riot; repealing prohibition on bringing weapons upon the state Capitol Complex; declaring legislative findings and intent; defining terms; limiting requirement of license to carry concealed weapons to enumerated locations; providing additional exemptions to requirement of license to carry concealed weapons; granting full faith and credit to all qualified out-of-state license or permit to carry concealed weapons held by qualifying out-of-state licensees; requiring certain persons who lawfully carry a concealed weapon without a license to inform the law-enforcement officer and submit to certain requests by the law-enforcement officer when the person is contacted by a law-enforcement officer; providing procedures for ascertaining the existence of a license or other lawful authorization to carry a concealed weapon; establishing certain rebuttable presumptions regarding the existence or absence of evidence of a license or other lawful authorization to carry a concealed weapon; establishing multiple classes of licenses to carry concealed weapons; prescribing eligibility criteria for each class of license; repealing limitation of licenses to carry concealed weapons to pistols and revolvers only; repealing license to carry concealed weapons fee surcharge for Courthouse Facilities Improvement Fund; requiring the inclusion of certain information on applications for licenses to carry concealed weapons; modifying eligibility criteria for licenses to carry concealed weapons; specifying information to be provided in application for license to carry concealed weapons; requiring applicants for licenses to carry concealed weapons to provide specified documentation with application; specifying required components of background investigations of applicants for licenses to carry concealed weapons; requiring background check on applicants for licenses to carry concealed weapons to determine an applicant’s eligibility to possess or transport firearms under state and federal law; requiring fingerprint-based state and national criminal and mental health background checks on applicants for Class 1 licenses; establishing a State Police Concealed Weapons License Background Check Administration Fund; source of funds; use of funds; authorizing expenditures from collections; converting county concealed weapons license administration funds to perpetual revolving accounts; repealing authority of sheriff to expend surplus funds in county concealed weapons license administration fund; establishing additional means of fulfilling requirement of demonstrating basic competence with a handgun; prescribing additional requirement for Class 1, 2 and 4 licenses of completing certain live fire shooting exercises and passing live fire shooting proficiency test; requiring instructors of live fire shooting proficiency tests to maintain records on students; modifying time limit for sheriffs to act on applications for licenses to carry concealed weapons; conforming requirements for Social Security number solicitations on applications for licenses to carry concealed weapons to Section 7 of the federal Privacy Act of 1974; establishing a uniform system of numbering and indexing all licenses to carry concealed weapons throughout the state; specifying the form and contents of licenses to carry concealed weapons; establishing provisions governing the change of a licensee’s name or address; modifying the license expiration and renewal cycle; prorating license fees; extending licenses of active-duty members of the Armed Forces while deployed; requiring Commissioner of Motor Vehicles to produce license cards upon request of sheriff; payment of cost of producing license cards; transferring responsibility for preparing license applications and other forms from Superintendent to Attorney General; requiring sheriffs to accept certain methods of payment for fees for licenses to carry concealed weapons; establishing procedure for appealing the suspension or revocation of a license to carry concealed weapons; specifying form of notice of denial, suspension or revocation of a license to carry concealed weapons; specifying whether a license to carry concealed weapons shall be suspended or revoked; establishing optional procedure for reconsidering denial, suspension or revocation of license prior to judicial appeal; closing proceedings and sealing records in judicial appeals of denials, suspension and revocations of licenses to carry concealed weapons; modifying immunity from civil liability for certain acts relative to concealed weapons licensing; declaring licensing statute to be comprehensive and preemptive; requiring courts to determine whether individuals in proceedings resulting in disqualification from licensure are licensed to carry a concealed weapon; requiring court to notify issuing agency upon a licensee becoming disqualified for certain causes from continued licensure to carry concealed weapons; requiring sheriffs to issue notice of license expiration and renewal process; contents of notice; providing criminal penalties for fraudulently obtaining or unlawfully disclosing confidential information about individuals who have applied for or been issued licenses to carry concealed weapons; establishing provisions for the use of an alternate address by certain classes of protected persons; requiring the Attorney General to periodically notify the Attorney General and licensing authority of each state of this state’s recognition of qualified out-of-state license or permit to carry concealed weapons held by qualifying out-of-state licensees; requiring the Attorney General to negotiate and execute reciprocity agreements to secure recognition of West Virginia licenses when required by other states as a condition of recognizing West Virginia licenses; requiring the Attorney General and the Superintendent of the State Police to provide certain annual reports to the Legislature; requiring the Attorney General to publish and annually revise a compendium of firearm and use of force laws; providing for the disposition of applications for licenses to carry concealed weapons filed before and pending on the effective date of this act; providing for classification of licenses to carry concealed weapons in effect on the effective date of this act; specifying procedures for upgrading or modifying class of license to carry concealed weapons; establishing emergency license to carry concealed weapons; eligibility criteria; license fee; creating uniform rule concerning the requirement to carry and exhibit license when carrying a concealed weapon for both West Virginia licensees and qualified out-of-state licensees; conforming classes of persons prohibited from possessing firearms to federal law; clarifying conflicting statutory language; prohibiting certain persons from carrying a concealed weapon in a public place; providing additional procedures for relief from weapons disabilities; designating officials authorized to certify the transfer and registration of firearms subject to the National Firearms Act; establishing time limit for designated officials to act on requests for certification; establishing uniform standard for approving or denying requested certifications; providing immunity from civil liability for lawfully performing required certifications; prohibiting licensed firearm dealers from refusing to sell or otherwise transfer a firearm to any person solely on the basis that the person purchased a firearm that was later the subject of a law-enforcement trace request; requiring licensed firearms dealers to perform certain acts incident to firearm sales or transfers; prohibiting the purchase or attempt to purchase a firearm from a firearm dealer by certain persons; increasing criminal penalties for any person other than a law-enforcement officer who knowingly solicits, persuades, encourages or entices any other person to violate firearm sales laws; civil remedies for unlawful denial or delay of firearm sale or transfer; specifying areas subject to prohibition on possession of deadly weapons on school premises; providing exceptions; creating separate offense for possessing deadly weapon in school safety zone with the intent to use the deadly weapon unlawfully or to threaten or endanger another person; providing criminal penalties; reducing criminal penalties for unlawful possession of deadly weapon in school safety zones without the intent to use the deadly weapon unlawfully or to threaten or endanger another person; modifying requirements and procedures for suspending or revoking driver’s license of person convicted of or adjudicated a juvenile delinquent for such offenses; prohibiting the possession or conveyance of deadly weapons into certain areas of courthouses and other places where judicial proceedings are held; declaring certain persons exempt; requiring establishment of secure weapon storage areas and posting of signs; providing for the consolidation of required signage and secure weapon storage areas when premises contained within secure restricted access area; providing for the establishment of secure restricted access areas in certain public buildings; procedures for establishment; prohibiting the possession of or conveyance of deadly weapons into secure restricted access areas; providing criminal penalties for possessing or conveying deadly weapons into restricted premises; signage requirements; requiring the provision of secure weapon storage areas at secure restricted access areas for individuals to lawfully store firearms before entering secure restricted access area; providing additional criminal penalties for the use or possession of firearms or other weapons during the commission of specified crimes; exempting certain officers, employees and agents of the United States, this state or a political subdivision of this state from restrictions or prohibitions on possessing weapons imposed by private property owners; requiring all private property owners that have legally restricted or prohibited the possession or carrying of weapons on their premises to give notice of such prohibitions or restrictions by posting specified signs; format of signs; effect of failure to properly post signs indicating such prohibition or restriction; providing immunity from civil liability to private property owners and private employers for certain acts or omissions of individuals licensed to carry concealed weapons or authorized to carry concealed weapons without a license if the private property owner or private employer voluntarily refrains from restricting the possession or carrying of deadly weapons by individuals licensed to carry concealed weapons or authorized to carry concealed weapons without a license; prohibiting a public or private employer from prohibiting a customer, employee or invitee from possessing any legally owned firearm or concealable weapon that is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot; prohibiting a public or private employer from violating the privacy rights of a customer, employee or invitee by verbal or written inquiry regarding the presence of a firearm or concealable weapon inside or locked to a private motor vehicle in a parking lot or by the search of a private motor vehicle in a parking lot to ascertain the presence of a firearm or concealable weapon within the vehicle; prohibiting actions by a public or private employer against a customer, employee or invitee based upon verbal or written statements concerning possession of a firearm or concealable weapon stored inside a private motor vehicle in a parking lot for lawful purposes; providing conditions under which a search of a private motor vehicle in the parking lot of a public or private employer may be conducted; prohibiting a public or private employer from conditioning employment upon specified licensure status or upon a specified agreement; prohibiting a public or private employer from attempting to prevent or prohibiting any customer, employee or invitee from entering the parking lot of the employer’s place of business because the private motor vehicle of a customer, employee or invitee contains a legal firearm or concealable weapon; prohibiting public or private employers from terminating the employment of or otherwise discriminating against an employee, or expelling a customer or invitee, for exercising his or her right to keep and bear arms or for exercising the right of self-defense; providing a condition to the prohibition; providing that such prohibitions apply to all public-sector employers; providing that, when subject to the prohibitions imposed by law, a public or private employer has no duty of care related to the actions prohibited; providing specified immunity from liability for public and private employers; providing nonapplicability of such immunity; providing construction; providing exceptions to certain prohibitions; providing for enforcement of certain prohibitions; providing for the award of reasonable personal costs and losses; providing for the award of court costs and attorney’s fees; declaring the provisions of the West Virginia Code to be the sole means by which the keeping and bearing of arms may be regulated; preempting any ordinance, rule, policy or administrative action inconsistent therewith; exceptions; providing for enforcement of prohibition on additional regulation of firearms or concealable weapons; providing rules of construction; prohibiting the registration of firearms or firearm owners; exceptions; compliance period for purging prohibited registries; limiting seizures of concealable weapons; providing remedies for unlawful seizure of concealable weapon; providing civil and criminal penalties for certain acts in violation of an individual’s right to keep and bear arms; defining certain acts as per se official misconduct for purposes of removing public official from office; establishing regulations for gun buy-back programs; establishing procedures to protect interests of owners of stolen firearms and preserve evidence of certain crimes; requiring certain firearms disposed by a public agency to be offered for sale to licensed firearm dealers by public auction or sealed bids; procedures for public sale of certain firearms; requiring award of court costs and attorney’s fees in certain cases; clarifying conflicting statutory language; updating references to licenses to carry concealed weapons in the state central mental health registry law; clarifying the permissible use of records in the central state mental health registry; establishing statute of limitations for prosecuting certain crimes; authorizing the set aside and expungement of certain criminal convictions involving misdemeanor crimes of domestic violence; defining eligible offenses; form and contents of petition; filing fee; service and notice requirements; prosecutor, victim and state agency opposition to petition; court procedure for hearing and ruling upon the petition; presumptions and burdens of proof; establishing procedures for expunging records; effects of set aside and expungement; and repealing or revising various archaic language.

    Be it enacted by the Legislature of West Virginia:

    That §8-12-5a of the Code of West Virginia, 1931, as amended, be repealed; that §20-2-19a of said code be repealed; that §61-7-6 and §61-7-6a of said code be repealed; that §61-7A-1 and §61-7A-5 of said code be repealed; that §2-2-1 of said code be amended and reenacted; that §5A-4-3 of said code be amended and reenacted; that §6-3-1 and §6-3-1a of said code be amended and reenacted; that §7-1-3 of said code be amended and reenacted; that §7-4-1 of said code be amended and reenacted; that §7-11-5 of said code be amended and reenacted; that §7-14E-2 of said code be amended and reenacted; that §8-12-5 of said code be amended and reenacted; that §8-29B-5 of said code be amended and reenacted; that §15-2-24b and §15-2-25 of said code be amended and reenacted; that §15-5-6 and §15-5-19a of said code be amended and reenacted; that §17C-2-3 of said code be amended and reenacted; that §18C-5-2 of said code be amended and reenacted; that §18C-6-2 of said code be amended and reenacted; that §18C-7-3 of said code be amended and reenacted; that §20-1-2 of said code be amended and reenacted; that §20-2-2a, §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-32, §20-2-37, §20-2-42l, §20-2-42p, §20-2-46e and §20-2-58 of said code be amended and reenacted; that §20-7-9 and §20-7-11 of said code be amended and reenacted; that §24A-7-6 of said code be amended and reenacted; that §25-1-11c of said code be amended and reenacted; that §27-3-1 of said code be amended and reenacted; that §32-4-407 of said code be amended and reenacted; that §33-41-8 of said code be amended and reenacted; that §44A-2-6 of said code be amended and reenacted; that §48-27-403, §48-27-502, §48-27-601 and §48-27-1002 of said code be amended and reenacted; that §49-2B-3 of said code be amended and reenacted; that §50-1-14 of said code be amended and reenacted; that §55-18-1 of said code be amended and reenacted; that §61-5-8 of said code be amended and reenacted; that §61-6-1a and §61-6-19 of said code be amended and reenacted; that §61-7-1, §61-7-2, §61-7-3, §61-7-4, §61-7-5, §61-7-7, §61-7-9, §61-7-10, §61-7-11a, §61-7-12 and §61-7-14 of said code be amended and reenacted; that §61-7A-2, §61-7A-3 and §61-7A-4 of said code be amended and reenacted; that §61-11-9 of said code be amended and reenacted; that §62-12-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §15-2-25a; that said code be amended by adding thereto a new section, designated §18C-1-6; that said code be amended by adding thereto a new section, designated §27-5-6; that said code be amended by adding thereto a new section, designated §30-29-11; that said code be amended by adding thereto a new section, designated §48-22-804; that said code be amended by adding thereto a new section, designated §55-18-3; that said code be amended by adding thereto nine new sections, designated §61-7-11b, §61-7-11c, §61-7-13, §61-7-14a, §61-7-15a, §61-7-16, §61-7-17, §61-7-18, §61-7-19 and §61-7-20; that said code be amended by adding thereto a new section, designated §61-11-27; that said code be amended by adding thereto two new sections, designated §64-5-1a and §64-5-1b; that said code be amended by adding thereto a new section, designated §64-7-3a; that said code be amended by adding thereto two new sections, designated §64-10-3a and §64-10-3b; and that said code be amended by adding thereto a new article, designated §64-12-1 and §64-12-2, all to read as follows:

CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS,

DEFINITIONS AND LEGAL CAPACITY.

ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF STATUTES; DEFINITIONS.

§2-2-1. Legal holidays; official acts or court proceedings.

    (a) The following days are legal holidays:

    (1) The first day of January is "New Year's Day";

    (2) The third Monday of January is "Martin Luther King's Birthday";

    (3) The third Monday of February is "Presidents' Day";

    (4) The last Monday in May is "Memorial Day";

    (5) The twentieth day of June is "West Virginia Day";

    (6) The fourth day of July is "Independence Day";

    (7) The first Monday of September is "Labor Day";

    (8) The second Monday of October is "Columbus Day";

    (9) The eleventh day of November is "Veterans' Day";

    (10) The fourth Thursday of November is "Thanksgiving Day";

    (11) The day after Thanksgiving Day is "Lincoln's Day";

    (12) The twenty-fifth day of December is "Christmas Day";

    (13) Any day on which a general, primary or special election is held is a holiday throughout the state, a political subdivision of the state, a district or an incorporated city, town or village in which the election is conducted;

    (14) General election day on even years shall be designated Susan B. Anthony Day, in accordance with the provisions of subsection (b), section one-a of this article; and

    (15) Any day proclaimed or ordered by the Governor or the President of the United States as a day of special observance or Thanksgiving, or a day for the general cessation of business, is a holiday.

    (b) If a holiday otherwise described in subsection (a) of this section falls on a Sunday, then the following Monday is the legal holiday. If a holiday otherwise described in subsection (a) of this section falls on a Saturday, then the preceding Friday is the legal holiday: Provided, That this subsection (b) shall not apply to subdivisions (13), (14) and (15), subsection (a) of this section.

    (c) Any day or part thereof designated by the Governor as time off, without charge against accrued annual leave, for state employees statewide may also be time off for county employees if the county commission elects to designate the day or part thereof as time off, without charge against accrued annual leave for county employees. Any entire or part statewide day off designated by the Governor may, for all courts, be treated as if it were a legal holiday.

    (d) In computing any period of time prescribed by any applicable provision of this code or any legislative rule or other administrative rule or regulation promulgated pursuant to the provisions of this code, the day of the act, event, default or omission from which the applicable period begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, a Sunday, a legal holiday or a designated day off in which event the prescribed period of time runs until the end of the next day that is not a Saturday, Sunday, legal holiday or designated day off.

    (e) If any applicable provision of this code or any legislative rule or other administrative rule or regulation promulgated pursuant to the provisions of this code designates a particular date on, before or after which an act, event, default or omission is required or allowed to occur, and if the particular date designated falls on a Saturday, Sunday, legal holiday or designated day off, then the date on which the act, event, default or omission is required or allowed to occur is the next day that is not a Saturday, Sunday, legal holiday or designated day off.

    (f) In computing any period of time prescribed by any applicable provision of this code or any legislative rule or other administrative rule or regulation promulgated pursuant to the provisions of this code governing when an act, event, default or omission is required or allowed to occur, when the applicable statute or rule specifies that the prescribed amount of time is measured in “business days,” only those days that are not a Saturday, Sunday, legal holiday or designated day off, shall be included in the computation of the applicable time period. When the applicable statute or rule does not specifically provide that the applicable time period is measured in “business days,” the applicable time period shall be measured in calendar days and Saturdays, Sundays, legal holidays and designated days off shall be excluded from the applicable time period only as otherwise provided in this article.

    (f)(g) With regard to the courts of this state, the computation of periods of time, the specific dates or days when an act, event, default or omission is required or allowed to occur and the relationship of those time periods and dates to Saturdays, Sundays, legal holidays, or days designated as weather or other emergency days pursuant to section two of this article are governed by rules promulgated by the Supreme Court of Appeals.

    (g) (h) The provisions of this section do not increase or diminish the legal school holidays provided in section two, article five, chapter eighteen-a of this code.

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

    ARTICLE 4. GENERAL SERVICES DIVISION.

§5A-4-3. Security officers; appointment; oath; powers and duties generally, etc.

    (a) In addition to the other powers given and assigned to the secretary in this chapter, he is hereby authorized to the secretary may appoint bona fide residents of this state to act as security officers upon any premises owned or leased by the State of West Virginia and under the jurisdiction of the secretary, subject to the conditions and restrictions hereinafter imposed in this section. Before entering upon the performance of his or her duties as such a security officer under this section, each the person so appointed shall qualify therefor in the same manner as is required of county officers by taking and filing an oath of office as required by article one, chapter six of this code. No such person shall have authority to carry a gun or any other dangerous weapon until he shall have obtained a license therefor in the manner prescribed by section two, article seven, chapter sixty-one of this code.

    It shall be the duty of (b) Any person so appointed and qualified to as a security officer pursuant to subsection (a) of this section shall preserve law and order on any premises under the jurisdiction of the secretary to which he may be or she is assigned by the secretary. For this purpose, he the security officer shall, as to offenses committed on such premises, have and may exercise all the powers and authority and shall be subject to all the responsibilities of a deputy sheriff of the county law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code. The assignment of security officers to any premises under the jurisdiction of the secretary shall does not be deemed to supersede in any way or limit the authority or duty of other peace law-enforcement officers to preserve law and order on such any premises to which the secretary assigns a security officer pursuant to this section.

    (c) The secretary may at his or her pleasure revoke the authority of any such security officer appointed pursuant to this section by filing a notice to that effect of revocation in the office of the clerk of the county commission of each county in which his the security officer’s oath of office was filed. and in the case of officers licensed to carry a gun or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license therefor was granted

CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

    ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.

§6-3-1. Appointment of deputies and local conservators of the peace; powers and duties; compensation; vacating appointment of deputy sheriff; removal of conservators.

    (a) (1) The clerk of the Supreme Court of Appeals, or of any circuit criminal, common pleas, intermediate or county magistrate court or of any tribunal established by law in lieu thereof, may, with the consent of the court, or such tribunal, duly entered of record, appoint any person or persons his or her deputy or deputies.

    (2) A sheriff, surveyor of lands, clerk of the county commission or assessor may, with the consent of the county court commission or tribunal established by law in lieu of a county commission, duly entered of record, appoint any person or persons his or her deputy or deputies.

    (3) A sheriff may, when in the opinion of the judge of the circuit court the public interest requires it, may, with the assent of said court, duly entered of record, appoint any person or persons his or her deputy or deputies to perform any temporary service or duty.

    (4) Each deputy so appointed shall take the same oath of office required of his or her principal, and may, during his or her continuance in office, perform and discharge any of the official duties of his or her principal, and any default or misfeasance in office of the deputy shall constitute a breach of the conditions of the official bond of his or her principal.

    (5) A sheriff in any county in which there are more than four deputies shall devote his or her full time to the performance of the services or duties required by law of such sheriff, and he shall not receive any compensation or reimbursement, directly or indirectly, from any person, firm or corporation for the performance of any private or public services or duties. Provided, That However, any such sheriff may retain or make any investment and receive income therefrom, unless such the investment is otherwise prohibited by law or will impair his the sheriff’s independence of judgment in the exercise of, or might reasonably tend to conflict with the proper discharge of, the services or duties of his the office of sheriff. A sheriff in any county in which there are four or fewer deputies, or a deputy sheriff in any county irrespective regardless of the number of deputies, need not devote his or her full time to the services or duties of his or her office as sheriff or his or her employment as deputy sheriff, as the case may be; but any such sheriff or deputy sheriff shall not engage in any business or transaction, accept other employment or make any investment which is otherwise prohibited by law or which will impair his or her independence of judgment in the exercise of, or might reasonably tend to conflict with the proper discharge of, the services or duties of his the office as sheriff or his or her employment as deputy sheriff, as the case may be. A sheriff and his or her deputies in any county, irrespective regardless of the number of deputies, shall receive for the performance of their public services and duties no compensation or remuneration except such as may be regularly provided and paid out of public funds to the amount and in the manner provided by law. No sheriff or deputy sheriff in any county, irrespective regardless of the number of deputies, may receive, directly or indirectly, any gift or donation from any person, firm or corporation.

    (6) Except as hereinafter expressly provided by subsection (b) of this section, no sheriff shall may appoint or continue the appointment of any deputy contrary to the provisions hereof of this section. Any sheriff or deputy sheriff who shall violate violates any of the provisions provision of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or confined in jail for not to exceed more than one year, or both. in the discretion of the court

    (7) Circuit courts shall have jurisdiction in equity and mandamus, and the Supreme Court of Appeals shall have jurisdiction in mandamus, upon the filing of a petition by the prosecuting attorney, the Attorney General, or any three or more citizens of the county, to require any sheriff and the county court commission to vacate the appointment of any deputy, the appointment of which is made or continued in violation of the provisions hereof of this subsection. Any such proceeding may be instituted and prosecuted by the Attorney General either in the circuit court of Kanawha County or in the county for which such appointment was made.

    (b)(1) Any resident or group of residents of any unincorporated community as hereinafter defined, may petition the sheriff for the appointment of a local conservator of the peace and such the sheriff, when in his or her opinion the public interests require it, may with the assent of said the county court commission and the judge of the circuit court duly entered of record, either in term or vacation of any such court, appoint any person or persons a local conservator or conservators of the peace to perform the duties of a conservator of the peace outside of any incorporated city, town or village municipality. No person shall be appointed such local conservator of the peace who has not been a bona fide resident and taxpayer of the county for at least one year prior to his or her appointment. Such A local conservator of the peace during his or her continuance in office, may perform and discharge any of the official duties of the sheriff, subject nevertheless to the provisions of this section. No local conservator so appointed shall be subject to the direction or control of any person other than his principal the appointing sheriff and he a local conservator shall not perform any services or duties, either private or public, except the duties required by law of conservators of the peace pursuant to the provisions hereof of this subsection, for any person, firm, or corporation. No such local conservator shall be entitled to collect or receive any fees provided by law to be paid to the sheriff or to a deputy sheriff, but all fees provided by law for the sheriff, when such duties and services are rendered by such local conservator, shall be paid to the sheriff as regular collections of the sheriff’s office. The local conservator shall be paid for the public services performed by him the local conservator performs a salary of not less than $75 per month out of the county treasury from a fund to be paid into such treasury by a resident or the residents of the community for which he the local conservator is appointed, for the sole purpose of compensating such the local conservator or conservators and no such local conservator shall may receive any other compensation, directly or indirectly, from any person, firm, or corporation, for any private or public service, except the salary payable to him the local conservator for his or her public services and duties and from such fund, except that he the local conservator shall be entitled to witness and mileage fees when a witness in a any court of record proceeding. Each local conservator so appointed shall take the same oath of office required of his principal the appointing sheriff and any default or misfeasance in the office of such the local conservator shall constitute a breach of the conditions of the official bond of his principal the appointing sheriff.

    (2) When the sheriff shall have been is petitioned for the appointment of a local conservator and has determined determines that the appointment is proper, he the sheriff shall select the person whom he the sheriff proposes to have appointed such a local conservator and shall notify the county court commission of the community for which such the local conservator is to be appointed and the name of the person proposed for such the appointment. The county court commission shall thereupon cause notice that the sheriff has recommended the appointment of the person named as conservator for the community named to be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. The notice shall designate a day not less than five days after the date of the last publication when the county court commission will act upon the petition and recommendation. Neither the county court commission nor the judge of the circuit court shall may assent and approve the appointment of such a local conservator until such after the required publication has been made. The costs of the publication shall be paid by the person or persons petitioning for the appointment of the conservator.

    No local conservator shall may be appointed except it be made to appear to the satisfaction of unless the county court commission and the judge of the circuit court find that because of the lack of sufficient funds, the geographical location of the unincorporated community for which such the conservator is to be appointed, or other good reason, the sheriff and his regular the sheriff’s deputies and the constables of the county are not sufficient to afford proper local policing of such the community and that the person or persons moving for the appointment of such the local conservator have made satisfactory arrangements to compensate him the local conservator for his or her services as such a local conservator of the peace.

    (3) Such A local conservator of the peace shall have all the powers and duties of a regularly appointed deputy sheriff except that he a local conservator of the peace shall not execute any civil process except such process as may be necessary to bring parties before the court in any civil action at law or suit in equity and subpoenas for witnesses within the unincorporated community for which he or she is appointed and within a distance of one mile outside the boundaries thereof, except as hereinafter expressly provided, but he and shall not participate in any strike, unemployment boycott, or other industrial or labor dispute, nor serve any court process of any character relating thereto. He A local conservator of the peace shall act as such local conservator only in the unincorporated community for which he or she is appointed, and within a distance of one mile from the boundaries thereof as fixed by the county court commission: Provided, however, That the authority of one local conservator shall not extend into any other unincorporated community for which another local conservator is appointed and acting, except as otherwise expressly provided by subdivision (6) of this subsection, except that in fresh pursuit he a local conservator may effect arrests anywhere in the county. He A local conservator may also exercise the powers of a regularly appointed deputy sheriff anywhere in the county when required to guard or assist in guarding a payroll, or any other property of value in transit to or from the unincorporated community for which he the local conservator is appointed. Any person arrested by such a local conservator shall, with all convenient speed, be turned over to the sheriff or one of his regular deputies, or to a regular constable of the county to be dealt with according to law, a deputy sheriff and his the local conservator’s authority for that purpose shall be coextensive with the county.

    (4) Any local conservator appointed to perform the duties of conservator of the peace shall be a public officer and the payment, or contribution to the payment of compensation of such the local conservator shall not constitute the person, firm or corporation making such payment or contribution the employer of such the local conservator and no person, firm or corporation paying, or contributing to the payment of compensation to such the local conservator shall be answerable in law or in equity liable in any civil action for any damages to person or property resulting from any official act or omission of such any local conservator.

    (5) No person appointed such The appointment of a local conservator shall thereby be entitled to carry weapons, but such local conservator may carry weapons when he shall be duly licensed and shall have given bond as provided by section two, article seven, chapter sixty-one of the Code of West Virginia, 1931 does not enlarge or diminish the local conservator’s right to keep and bear arms in the same manner as the local conservator may otherwise lawfully do so as a private citizen.

    (6) Not more than one local conservator of the peace shall be appointed, to perform the duties of conservator of the peace, for each two thousand five hundred inhabitants of the county as ascertained by the last regular decennial census after deducting the number of inhabitants of the county residing in the incorporated cities, towns and villages in such county municipalities. Not more than one local conservator shall be appointed for any unincorporated community unless the population thereof of the community exceeds one thousand five hundred people, and in such which case not more than two conservators shall may be appointed for such the community.

    (7) The phrase In this section, “unincorporated community” within the meaning of this section shall mean means any center of population wherein outside a municipality in which fifty or more persons reside within an area of not more than one square mile.

    (8) The county court commission and the judge of the circuit court in approving the appointment of a local conservator shall enter of record an order making such the appointment and shall show therein in the order the necessity for the appointment, the person or persons on whose motion the appointment is made, the arrangement for the payment of compensation to such local conservator, the unincorporated community or communities, for which the appointment is made, including the general boundary of each unincorporated community for which he the local conservator is appointed.

    (9) No local conservator shall may act as an election official or remain in, about or near any voting place or place of political convention, further than is necessary for him the local conservator to promptly cast his vote and retire from the voting place.

    (10) Any local conservator violating any of the provisions of subdivisions who violates subdivision (3) and or (9) of this subsection shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $300, or be confined in the county jail for not more than six months, or both. in the discretion of the court; and it shall be the duty of The sheriff and the county court to forthwith commission shall immediately revoke his the appointment irrespective of a local conservator who violates subdivision (3) or (9) of this subsection regardless of any criminal prosecution. A proceeding in mandamus or injunction shall lie in the circuit court and a proceeding in mandamus shall lie in the Supreme Court of Appeals at the instance of the prosecuting attorney, the Attorney General, or of any three or more citizens of the community for which such the conservator is appointed, to require the performance of such this duty by the sheriff and the county court commission.

    (11) Such A local conservator shall serve during at the joint will and pleasure of the sheriff and the county court commission and his the local conservator’s appointment may be revoked by order entered of record by the county court either with or commission without the assignment of cause. therefor

    A local conservator may be removed by the judge of the circuit court, either in term or vacation, for drunkenness, gross immorality, incompetence, neglect of duty, or other good cause, upon the petition of three or more residents of the community for which he the local conservator has been appointed. The petition shall set forth the cause or causes for which such the removal of the local conservator is asked demanded and shall show that demand for removal has been made of the sheriff and the county court commission and that the sheriff and the county court commission have failed to remove the local conservator. At least three copies of the petition shall be filed, and upon the filing of the petition the judge shall fix a time and place for a hearing thereon, which time shall not be less than ten days after the filing of the petition, and shall cause a copy thereof to be served upon the sheriff and such the local conservator at least ten days before the hearing thereon.

§6-3-1a. Deputy sheriff’s reserve; purpose; appointment and qualifications of members; duties; attire; training; oath; bond; not employee of sheriff or county commission for certain purposes; limitation on liability.

    (a) The sheriff of any county may, for the purposes hereinafter set forth specified in this section, designate and appoint a deputy sheriffs’ reserve, hereinafter referred to as “reserve” or “reserves.” A reserve may not be designated or created without the prior approval of the county commission for the establishment of the reserve.

    (b) Each sheriff may appoint as members of the reserve bona fide citizens of the county who are of good moral character and who have not been convicted of a felony or other crime involving moral turpitude. Any person so appointed member of the reserve shall serve at the will and pleasure of the sheriff and is not subject to the provisions of article fourteen, chapter seven of this code. A member of the reserve may not engage in any political activity or campaign involving the office of sheriff or from which activity or campaign the sheriff or candidates therefor any candidate for the office of the sheriff appointing the member would directly benefit.

    (c) Members of the reserves shall not serve as law-enforcement officers, nor carry firearms, but may carry other weapons provided that the sheriff certifies in writing to the county commission that the reserve has met the special training requirements for the weapon as established by the Governor’s committee on crime, delinquency and corrections. The Governor’s committee on crime, delinquency and corrections is authorized to promulgate legislative rules and emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to establish appropriate training standards. The sheriff may provide the reserves may be provided with radio and other electronic communication equipment for the purpose of maintaining contact with the sheriff’s department or other law-enforcement agencies.

    (d) The duties of the reserves shall be limited to crowd control or traffic control and direction within the county. In addition, the reserves may perform such other duties of a nonlaw-enforcement nature as are designated by the sheriff or by a deputy sheriff designated and appointed by the sheriff for that purpose: Provided, That a member of the reserves may not aid or assist any law-enforcement officer in enforcing the statutes and laws of this state in any labor trouble or dispute between employer and employee.

    (d) (e) Members of the reserves may be uniformed; however, if so uniformed, the uniforms shall clearly differentiate these members of the reserves from other law-enforcement deputy sheriffs.

    (e) (f) After appointment to the reserves but prior to service each member of the reserves shall receive appropriate training and instruction in their functions and authority as well as the limitations of authority. In addition, each member of the reserves shall annually receive in-service training.

    (f) (g) Each member of the reserve shall take the same oath as prescribed by section five, article IV of the Constitution of the this state, of West Virginia but the taking of the oath does not serve to make the member a public officer.

    (g) (h) The county commission of each county shall provide for the bonding and liability insurance of each member of the reserve.

    (h) (i) A member of the reserve is not an employee of either the sheriff or of the county commission for any purpose or purposes, including, but not limited to, the purposes of workers’ compensation, civil service, unemployment compensation, public employees retirement, public employees insurance or for any other purpose. A member of the reserves may not receive any compensation or pay for any services performed as a member nor may a member use the designated uniform for any other similar work performed. A member of the reserves is not a law-enforcement officer within the meaning of section one, article twenty-nine, chapter thirty of this code, and is not authorized by virtue of his or her appointment as a member of the reserves to carry a concealed weapon without a license. This section does not enlarge or diminish the right of a member of the reserves to keep and bear arms in the same manner as he or she may otherwise lawfully do so as a private citizen.

    (i) (j) Neither the county commission nor the sheriff is liable for any of the acts of any member of the reserves except in the case of gross negligence on the part of the county commission or sheriff in the appointment of the member or in the case of gross negligence on the part of either the sheriff or any of his or her deputies in directing any action on the part of the member.

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

    ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3. Jurisdiction, powers and duties.

    The county commissions, through their clerks, shall have the custody of all deeds and other papers presented for record in their counties and the same shall be preserved therein, or otherwise disposed of as now is, or may be prescribed by law. They The county commissions shall have jurisdiction in all matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts and in all matters relating to apprentices. They The county commissions shall also, under the rules as now are or may be prescribed by law, have the superintendence and administration of the internal police and fiscal affairs of their counties, including the establishment and regulation of roads, ways, streets, avenues, drives and the like, and the naming or renaming thereof, in cooperation with local postal authorities, the Division of Highways and the directors of county emergency communications centers, to assure uniform, nonduplicative conversion of all rural routes to city-type addressing on a permanent basis, bridges, public landings, ferries and mills, with authority to lay and disburse the county levies. They The county commissions shall, in all cases of contest, judge of the election, qualification and returns of their own members, and of all county and district officers, subject to appeal as prescribed by law. The tribunals as have been heretofore established by the Legislature under and by virtue of section thirty-four, article VIII of the Constitution of 1,872, for police and fiscal purposes, shall, until otherwise provided by law, remain and continue as at present constituted in the counties in which they have been respectively established, and shall be and act as to police and fiscal matters in lieu of the county commission herein mentioned, until otherwise provided by law. And until otherwise provided by law, the clerk as is mentioned in section twenty-six of said article, as amended, shall exercise any powers and discharge any duties heretofore conferred on, or required of, any court or tribunal established for judicial purposes under said section, or the clerk of the court or tribunal, respectively, respecting the recording and preservation of deeds and other papers presented for record, matters of probate, the appointment and qualification of personal representatives, guardians, committees, curators and the settlement of their accounts and in all matters relating to apprentices. The county commission may not limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to, directly or indirectly, prohibit the ownership of the ammunition: Provided, That no provision in this section may be construed to limit the authority of a county to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.

ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.

§7-4-1. Duties of prosecuting attorney; further duties upon request of Attorney General.

    It shall be the duty of (a) The prosecuting attorney to shall attend to the criminal business of the state in the county in which he the prosecuting attorney is elected and qualified. and When he the prosecuting attorney has information of the violation of any penal law committed within such the county served by the prosecuting attorney, he the prosecuting attorney shall institute and prosecute all necessary and proper proceedings against the offender and may in such case issue or cause to be issued a summons for any witness he may deem the prosecuting attorney considers material. Every public officer shall give him the prosecuting attorney information of the violation of any penal law committed within his the county served by the prosecuting attorney. It shall also be the duty of

    (b) A prosecuting attorney shall be a conservator of the peace within the county he or she serves and may arrest any person without a warrant for committing in his or her presence a misdemeanor that constitutes a breach of the peace or any felony.

    (c) The prosecuting attorney to shall attend to civil suits actions in such the county served by the prosecuting attorney in which the state or any department, commission, or board thereof, or other instrumentality of the state is interested, and to advise, attend to, bring, prosecute or defend, as the case may be, all matters, actions, suits and proceedings in which such the county or any the county board of education is interested.

    It shall be the duty of (d) The prosecuting attorney to shall keep his or her office open in the charge of a responsible person during the hours polls are open on general, primary and special county-wide election days, and the prosecuting attorney or his and assistant prosecuting attorneys, if any, shall be available for the purpose of advising election officials. It shall be the further duty of

    (e) The prosecuting attorney, when requested by the Attorney General, to shall perform or to assist the Attorney General in performing, in the county in which he is elected served by the prosecuting attorney, any legal duties required to be performed by the Attorney General, and which are not inconsistent with the duties of the prosecuting attorney as the legal representative of such the county. It shall also be the duty of

    (f) The prosecuting attorney, when requested by the Attorney General, to shall perform or to assist the Attorney General in performing any legal duties required to be performed by the Attorney General, in any county other than that the county in which such prosecuting attorney is elected and qualified, and for the performance of any such duties in any county other than that in which such the county served by the prosecuting attorney, is elected he the prosecuting attorney shall be paid his or her actual expenses.

    (g) Upon the request of the Attorney General, the prosecuting attorney shall make a written report of the state and condition of the several causes all cases in which the state is a party, pending in his the county served by the prosecuting attorney, and upon any matters referred to him the prosecuting attorney by the Attorney General as provided by law.

ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.

§7-11-5. General powers of commission; rules and regulations; misdemeanor offenses; park police authorized.

    The (a) Each county parks and recreation commission shall have the necessary powers and authority to manage and control all public parks and recreational properties and facilities owned by the county or commission and used as a part of such public parks and recreation system, including the right power to promulgate rules and regulations concerning the management and control of such parks and recreational properties and facilities and to enforce any such rules and regulations so promulgated pursuant to this section.

    The (b) Each county parks and recreation commission shall also have plenary power and authority to prepare and submit to the county court commission for adoption rules and regulations regulating the use of any parks and recreational properties and facilities under the control of the Parks and Recreation Commission and prohibiting any type of use of or activities in connection with any such properties or facilities, and any such rules and regulations, if so adopted, shall be duly entered of record in the order book of the county court commission. The violation of Any person who violates any such rule and regulation so adopted by the county court shall constitute commission under this subsection is guilty of a misdemeanor and, any person convicted of any such violation upon conviction thereof, shall be punished by a fine of fined not less than $5 nor more than $100, or by imprisonment confined in jail for a period not exceeding not more than thirty days, or by both. such fine and imprisonment. Justices of the peace of the county shall have concurrent jurisdiction with the circuit court and other courts of record (having criminal jurisdiction) of any misdemeanor offenses arising under this article. The violation of any such rule and regulation which also constitutes the violation of any state law or municipal ordinance may be prosecuted and punished as a violation of such state law or municipal ordinance rather than under the provisions of this section. To enforce any such rules, and regulations to protect and preserve all properties and facilities under the control of the Parks and Recreation Commission and to preserve law and order in connection therewith, the Parks and Recreation Commission shall have plenary power and authority to provide in its bylaws procedures for the appointment, supervision and discharge of one or more park police officers. Whenever any such appointment is made, a copy of the order of appointment shall be filed by the commission with the county court commission.

    (c) In any area under the jurisdiction and control of the Parks and Recreation Commission, or in connection with any properties or facilities under the jurisdiction and control of the Parks and Recreation Commission, or in pursuit of one or more individuals therefrom, any park police officer so appointed shall have all of the power and authority which that a regularly appointed deputy sheriff of such county law-enforcement officer, as defined in section one, article twenty-nine, chapter thirty of this code, has in enforcing the criminal laws of the state. Notwithstanding any provisions of this code to the contrary, park police officers appointed as aforesaid shall not be required to obtain a state license to carry a weapon, as required by the provisions of section two, article seven, chapter sixty-one of this code. When any such commission has purchased one or more policies of public liability insurance providing the commission and its officers, agents and employees insurance coverage for legal liability of said commission and its officers, agents and employees for bodily injury, personal injury or damage (including, but not limited to, false arrest and false imprisonment) and property damage, and affording said commission and its officers, agents and employees insurance coverage against any and all legal liability arising from, growing out of, by reason of or in any way connected with, any acts or omissions of said commission, or its officers, agents or employees in the performance of their official duties, and so long as the coverage aforesaid remains in full force and effect as to such park police officers, then the bond specified in section five, article seven of said chapter sixty-one shall not be required as to such park police officers.

ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO DEPUTY SHERIFF’S RETIREMENT SYSTEM.

§7-14E-2. Statewide uniform fees for reports generated by sheriff’s offices; dedication of fees.

    (a) The county commission of each county in this state shall set a uniform fee for obtaining certain traffic accident reports, criminal investigation reports, incident reports and property reports This fee shall be set at a minimum of not less than $10 for each report, with a maximum of nor more than $20 for each report. Ten dollars of the charge for each report shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter. The reports for which a charge may be made are traffic accident reports, criminal investigation reports, incident reports and property reports.

    (b) All sheriff’s offices in this state shall collect a fee of $5 for performing the following services: Adult private employment fingerprinting; fingerprinting for federal firearm permits; motor vehicle number identification; adult identification cards; and photo-identification cards. Upon collection, these fees shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter.

    (c) All sheriff’s offices in this state shall collect a fee of $5 for each nongovernmental background investigation report. Upon collection, these fees shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter.

    (d) No charge may be made under this section for any report or reports made to governmental agencies.

    (e) The fees specified in this section do not apply to any license to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code.

    (e)(f) Any county commission which fails to make any payment due the Deputy Sheriff Retirement Fund by the fifteenth day following the end of each calendar month in which a fee or other contribution is received by the county’s sheriff may be required to pay the actuarial rate of interest lost on the total amount owed for each day the payment is delinquent. Accrual of the loss of earnings owed by the delinquent county commission commences after the fifteenth day following the end of the calendar month in which the fee or other contribution is due and continues until receipt of the delinquent amount. Interest compounds daily and the minimum surcharge is $50.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5. General powers of every municipality and the governing body thereof.

    In addition to the powers and authority granted by: (i) The Constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon:

    (1) To lay off, establish, construct, open, alter, curb, recurb, pave or repave and keep in good repair, or vacate, discontinue and close, streets, avenues, roads, alleys, ways, sidewalks, drains and gutters, for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them which have not been authorized pursuant to the succeeding provisions of this subdivision; and, subject to such terms and conditions as the governing body shall prescribe, to permit, without in any way limiting the power and authority granted by the provisions of article sixteen of this chapter, any person to construct and maintain a passageway, building or other structure overhanging or crossing the airspace above a public street, avenue, road, alley, way, sidewalk or crosswalk, but before any permission for any person to construct and maintain a passageway, building or other structure overhanging or crossing any airspace is granted, a public hearing thereon shall be held by the governing body after publication of a notice of the date, time, place and purpose of the public hearing has been published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the municipality: Provided, That any permit so granted shall automatically cease and terminate in the event of abandonment and nonuse thereof for the purposes intended for a period of ninety days, and all rights therein or thereto shall revert to the municipality for its use and benefit;

    (2) To provide for the opening and excavation of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality and regulate the conditions under which any such opening may be made;

    (3) To prevent by proper penalties the throwing, depositing or permitting to remain on any street, avenue, road, alley, way, sidewalk, square or other public place any glass, scrap iron, nails, tacks, wire, other litter or any offensive matter or anything likely to injure the feet of individuals or animals or the tires of vehicles;

    (4) To regulate the use of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality, including the naming or renaming thereof, and to consult with local postal authorities, the Division of Highways and the directors of county emergency communications centers to assure uniform, nonduplicative addressing on a permanent basis;

    (5) To regulate the width of streets, avenues and roads, and, subject to the provisions of article eighteen of this chapter, to order the sidewalks, footways and crosswalks to be paved, repaved, curbed or recurbed and kept in good order, free and clean, by the owners or occupants thereof or of the real property next adjacent thereto;

    (6) To establish, construct, alter, operate and maintain, or discontinue, bridges, tunnels and ferries and approaches thereto;

    (7) To provide for the construction and maintenance of water drains, the drainage of swamps or marshlands and drainage systems;

    (8) To provide for the construction, maintenance and covering over of watercourses;

    (9) To control and administer the waterfront and waterways of the municipality and to acquire, establish, construct, operate and maintain and regulate flood control works, wharves and public landings, warehouses and all adjuncts and facilities for navigation and commerce and the utilization of the waterfront and waterways and adjacent property;

    (10) To prohibit the accumulation and require the disposal of garbage, refuse, debris, wastes, ashes, trash and other similar accumulations whether on private or public property: Provided, That, in the event the municipality annexes an area which has been receiving solid waste collection services from a certificated solid waste motor carrier, the municipality and the solid waste motor carrier may negotiate an agreement for continuation of the private solid waste motor carrier services for a period of time, not to exceed three years, during which time the certificated solid waste motor carrier may continue to provide exclusive solid waste collection services in the annexed territory;

    (11) To construct, establish, acquire, equip, maintain and operate incinerator plants and equipment and all other facilities for the efficient removal and destruction of garbage, refuse, wastes, ashes, trash and other similar matters;

    (12) To regulate or prohibit the purchase or sale of articles intended for human use or consumption which are unfit for use or consumption, or which may be contaminated or otherwise unsanitary;

    (13) To prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome;

    (14) To regulate the keeping of gunpowder and other combustibles. However, any regulation of the keeping of gunpowder pursuant to this subdivision may not act, directly or indirectly, to prohibit the otherwise lawful ownership, possession, control or storage of gunpowder or ammunition for any firearm;

    (15) To regulate or prohibit the outdoor discharge of firearms, other than (i) the discharge of a firearm by a law-enforcement officer acting in the course of performance of his or her official duties;(ii) the discharge of a firearm by a wildlife damage control agent licensed pursuant to section fifty-a, article two, chapter twenty of this code, acting in the course of killing or attempting to kill nuisance wildlife as authorized by that section; (iii) the discharge of a firearm for the specific purpose of killing nuisance wildlife as authorized by a permit issued pursuant to section fifteen, article two, chapter twenty of this code; or (iv) the discharge of a firearm at an established shooting range, and to arrest, convict and punish any individual for knowingly and willfully discharging a firearm in violation of the applicable restriction or prohibition. It is a defense to a charge of knowingly and willfully discharging a firearm in violation of a municipal ordinance under this subdivision that the defendant discharged the firearm under circumstances in which the defendant was justified or excused under the laws of this state in using deadly force in self-defense or the defense of other persons or property;

   (15(16) To make regulations guarding against danger or damage by fire;

    (16) To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or other deadly weapon of like kind or character;

    (17) To arrest, convict and punish any person for importing, printing, publishing, selling or distributing any pornographic publications;

    (18) To arrest, convict and punish any person for keeping a house of ill fame, or for letting to another person any house or other building for the purpose of being used or kept as a house of ill fame, or for knowingly permitting any house owned by him or her or under his or her control to be kept or used as a house of ill fame, or for loafing, boarding or loitering in a house of ill fame, or frequenting same;

    (19) To prevent and suppress conduct and practices which are immoral, disorderly, lewd, obscene and indecent;

    (20) To prevent the illegal sale of intoxicating liquors, drinks, mixtures and preparations;

    (21) To arrest, convict and punish any individual for driving or operating a motor vehicle while intoxicated or under the influence of liquor, drugs or narcotics;

    (22) To arrest, convict and punish any person for gambling or keeping any gaming tables, commonly called “A, B, C,” or “E, O,” table or faro bank or keno table, or table of like kind, under any denomination, whether the gaming table be played with cards, dice or otherwise, or any person who shall be a partner or concerned in interest, in keeping or exhibiting the table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value;

    (23) To provide for the elimination of hazards to public health and safety and to abate or cause to be abated anything which in the opinion of a majority of the governing body is a public nuisance;

    (24) To license, or for good cause to refuse to license in a particular case, or in its discretion to prohibit in all cases, the operation of pool and billiard rooms and the maintaining for hire of pool and billiard tables notwithstanding the general law as to state licenses for any such business and the provisions of section four, article thirteen of this chapter; and when the municipality, in the exercise of its discretion, refuses to grant a license to operate a pool or billiard room, mandamus may not lie to compel the municipality to grant the license unless it shall clearly appear that the refusal of the municipality to grant a license is discriminatory or arbitrary; and in the event that the municipality determines to license any business, the municipality has plenary power and authority and it shall be the duty of its governing body to make and enforce reasonable ordinances regulating the licensing and operation of the businesses;

    (25) To protect places of divine worship and to preserve peace and order in and about the premises where held;

    (26) To regulate or prohibit the keeping of animals or fowls and to provide for the impounding, sale or destruction of animals or fowls kept contrary to law or found running at large;

    (27) To arrest, convict and punish any person for cruelly, unnecessarily or needlessly beating, torturing, mutilating, killing, or overloading or overdriving or willfully depriving of necessary sustenance any domestic animal;

    (28) To provide for the regular building of houses or other structures, for the making of division fences by the owners of adjacent premises and for the drainage of lots by proper drains and ditches;

    (29) To provide for the protection and conservation of shade or ornamental trees, whether on public or private property, and for the removal of trees or limbs of trees in a dangerous condition;

    (30) To prohibit with or without zoning the location of occupied house trailers or mobile homes in certain residential areas;

    (31) To regulate the location and placing of signs, billboards, posters and similar advertising;

    (32) To erect, establish, construct, acquire, improve, maintain and operate a gas system, a waterworks system, an electric system or sewer system and sewage treatment and disposal system, or any combination of the foregoing (subject to all of the pertinent provisions of articles nineteen and twenty of this chapter and particularly to the limitations or qualifications on the right of eminent domain set forth in articles nineteen and twenty of this chapter), within or without the corporate limits of the municipality, except that the municipality may not erect any system partly without the corporate limits of the municipality to serve persons already obtaining service from an existing system of the character proposed and where the system is by the municipality erected, or has heretofore been so erected, partly within and partly without the corporate limits of the municipality, the municipality has the right to lay and collect charges for service rendered to those served within and those served without the corporate limits of the municipality and to prevent injury to the system or the pollution of the water thereof and its maintenance in a healthful condition for public use within the corporate limits of the municipality;

    (33) To acquire watersheds, water and riparian rights, plant sites, rights-of-way and any and all other property and appurtenances necessary, appropriate, useful, convenient or incidental to any system, waterworks or sewage treatment and disposal works, as aforesaid, subject to all of the pertinent provisions of articles nineteen and twenty of this chapter;

    (34) To establish, construct, acquire, maintain and operate and regulate markets and prescribe the time of holding the same;

    (35) To regulate and provide for the weighing of articles sold or for sale;

    (36) To establish, construct, acquire, maintain and operate public buildings, municipal buildings or city halls, auditoriums, arenas, jails, juvenile detention centers or homes, motor vehicle parking lots or any other public works;

    (37) To establish, construct, acquire, provide, equip, maintain and operate recreational parks, playgrounds and other recreational facilities for public use and in this connection also to proceed in accordance with the provisions of article two, chapter ten of this code;

    (38) To establish, construct, acquire, maintain and operate a public library or museum or both for public use;

    (39) To provide for the appointment and financial support of a library board in accordance with the provisions of article one, chapter ten of this code;

    (40) To establish and maintain a public health unit in accordance with the provisions of section two, article two, chapter sixteen of this code, which unit shall exercise its powers and perform its duties subject to the supervision and control of the West Virginia Board of Health and State Bureau for Public Health;

    (41) To establish, construct, acquire, maintain and operate hospitals, sanitaria and dispensaries;

    (42) To acquire, by purchase, condemnation or otherwise, land within or near the corporate limits of the municipality for providing and maintaining proper places for the burial of the dead and to maintain and operate the same and regulate interments therein upon terms and conditions as to price and otherwise as may be determined by the governing body and, in order to carry into effect the authority, the governing body may acquire any cemetery or cemeteries already established;

    (43) To exercise general police jurisdiction over any territory without the corporate limits owned by the municipality or over which it has a right-of-way;

    (44) To protect and promote the public morals, safety, health, welfare and good order;

    (45) To adopt rules for the transaction of business and the government and regulation of its governing body;

    (46) Except as otherwise provided, to require and take bonds from any officers, when considered necessary, payable to the municipality, in its corporate name, with such sureties and in a penalty as the governing body may see fit, conditioned upon the faithful discharge of their duties;

    (47) To require and take from the employees and contractors such bonds in a penalty, with such sureties and with such conditions, as the governing body may see fit;

    (48) To investigate and inquire into all matters of concern to the municipality or its inhabitants;

    (49) To establish, construct, require, maintain and operate such instrumentalities, other than free public schools, for the instruction, enlightenment, improvement, entertainment, recreation and welfare of the municipality’s inhabitants as the governing body may consider necessary or appropriate for the public interest;

    (50) To create, maintain and operate a system for the enumeration, identification and registration, or either, of the inhabitants of the municipality and visitors thereto, or the classes thereof as may be considered advisable;

    (51) To require owners, residents or occupants of factory-built homes situated in a factory-built rental home community with at least ten factory-built homes, to visibly post the specific numeric portion of the address of each factory-built home on the immediate premises of the factory-built home of sufficient size to be visible from the adjoining street. Provided, That in the event However, if no numeric or other specific designation of an address exists for a factory-built home subject to the authorization granted by this subdivision, the municipality has the authority to may provide a numeric or other specific designation of an address for the factory-built home and require that it be posted in accordance with the authority otherwise granted by this section;

    (52) To appropriate and expend not exceeding $0.25 per capita per annum for advertising the municipality and the entertainment of visitors;

    (53) To conduct programs to improve community relations and public relations generally and to expend municipal revenue for such purposes;

    (54) To reimburse applicants for employment by the municipality for travel and other reasonable and necessary expenses actually incurred by the applicants in traveling to and from the municipality to be interviewed;

    (55) To provide revenue for the municipality and appropriate the same to its expenses;

    (56) To create and maintain an employee benefits fund which may not exceed one tenth of one percent of the annual payroll budget for general employee benefits and which is set up for the purpose of stimulating and encouraging employees to develop and implement cost-saving ideas and programs and to expend moneys from the fund for these purposes;

    (57) To enter into reciprocal agreements with governmental subdivisions or agencies of any state sharing a common border for the protection of people and property from fire and for emergency medical services and for the reciprocal use of equipment and personnel for these purposes;

    (58) To provide penalties for the offenses and violations of law mentioned in this section, subject to the provisions of section one, article eleven of this chapter, and such penalties may not exceed any penalties provided in this chapter and chapter sixty-one of this code for like offenses and violations; and

    (59) To participate in a purchasing card program for local governments authorized and administered by the State Auditor as an alternative payment method.

ARTICLE 29B. AIRPORT SECURITY.

§8-29B-5. Jurisdiction of airport police officers.

    (a) In any area under the jurisdiction and control of the airport operator, or in connection with the airport, or in pursuit of one or more individuals therefrom, any airport police officer shall have:

    (1) All of the power and authority which a regularly appointed deputy sheriff of a county in this state law-enforcement officer, as defined in section one, article twenty-nine, chapter thirty of this code, has in enforcing the criminal laws of this state;

    (2) Full power and authority to enforce any and all federal laws and rules and regulations relating to airports, air passengers, baggage inspection, the screening of air passengers and other airport security measures;

    (3) Full power and authority to enforce any and all rules and regulations promulgated by the airport operator; and

    (4) The power to search persons, packages, containers and baggage. and the power to arrest persons: Provided, That the foregoing provisions of this section shall under no circumstances whatever

    (b) Nothing in subsection (a) of this section may be construed as in any way limiting to limit the power and or authority of a municipal police any other law-enforcement officer, or deputy sheriff as defined in section one, article twenty-nine, chapter thirty of this code, who has been assigned to serve as an airport police officer which he or she has by virtue of his being a municipal police or her position as a law-enforcement officer. or deputy sheriff and under no circumstances whatever shall

    (c) The assignment or appointment or designation of one or more airport police officers at an airport be deemed in any way to pursuant to this section does not supersede or limit the power and authority of other peace law-enforcement officers to preserve law and order at such the airport.

    Consistent with the provisions of section five, article seven, chapter sixty-one of this code, any municipal police officer or deputy sheriff assigned as an airport police officer pursuant to the provisions of subsection (b), section four of this article, and (notwithstanding any provision of this code to the contrary) any person appointed or designated as an airport police officer pursuant to the provisions of subsection (c), section four of this article, shall not be required to obtain a state license to carry a deadly weapon, as provided for in section two, article seven of said chapter sixty-one. Any municipal police officer or deputy sheriff assigned as an airport police officer pursuant to the provisions of subsection (b), section four of this article shall not be required to furnish any bond under section five, article seven of said chapter sixty-one other than the bond furnished thereunder as such municipal police officer or deputy sheriff. When one or more policies of public liability insurance are obtained providing insurance coverage for legal liability of an airport police officer for bodily injury, personal injury or damage (including, but not limited to, false arrest and false imprisonment) and property damage, and affording said airport police officer insurance coverage against any and all legal liability arising from, growing out of, or by reason of or in any way connected with, any acts or omissions of said airport police officer in the performance of his official duties, and so long as the coverage aforesaid remains in full force and effect as to such airport police officer, then the bond specified in section five, article seven of said chapter sixty-one shall not be required as to such airport police officer; otherwise such bond shall be required and must be furnished.

 

CHAPTER 15. PUBLIC SAFETY.

    ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-24b. Fees for adult private employment fingerprinting services; dedication of fees.

    In addition to any fees that may be established or collected by the State Police under any other provision of this article or rule promulgated pursuant thereto, the State Police shall collect a fee of $20 for performing adult private employment fingerprinting or fingerprinting for federal firearm permits: Provided, That all except when performed for or on behalf of state entities. are exempt from the fee Fees collected pursuant to this section shall be deposited into the West Virginia State Police Retirement System and shall be in addition to employer percent-of-payroll contribution.

§15-2-25. Rules generally; carrying of weapons upon retirement or medical discharge.

    (a) Subject to the written approval of the Governor and the provisions of this article, the superintendent may make and promulgate proper rules for the government, discipline and control of the West Virginia State Police and shall also cause to be established proper rules for the examinations of all applicants for appointment thereto. The members of the West Virginia State Police shall be permitted to carry arms and weapons and no license may be required for the privilege.

    (b) Upon retirement or medical discharge from the West Virginia State Police and with the written consent of the superintendent, any retired or medically discharged member who is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting firearms or carrying a concealed weapon in a public place may carry a handgun concealed weapons without a license for the life of the member following retirement or medical discharge notwithstanding the provisions of as if the member was licensed to carry concealed weapons pursuant to section four, article seven, chapter sixty-one of this code. Provided, That However, the superintendent’s written letter of consent authorization to carry a handgun concealed weapons without a license pursuant to this subsection may not last for more than five years at a time and a retired or medically discharged member who wishes to continue to carry a handgun concealed weapons without a license pursuant to this subsection beyond five years of after the date of his or her initial retirement or medical discharge must shall request and obtain a renewal of the superintendent’s written permission authorization to carry a handgun concealed weapons without a license pursuant to this subsection at least once every five years. A retired or medically discharged member desiring to carry a handgun after retirement or medical discharge must pursuant to this section shall provide his or her own handgun. Upon request, each member shall be presented with a letter certificate of authorization signed by the superintendent authorizing the retired or medically discharged member to carry a handgun concealed weapons without a license pursuant to this subsection. The written certificate of authorization shall be shall be carried by the retired or medically discharged member at all times that he or she has a handgun on carries about his or her person a concealed weapon pursuant to this subsection. The superintendent may not issue a letter certificate of authorization under this subsection to any retired or medically discharged member who is prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place, who is no longer employed by the State Police due to a mental disability or who the superintendent has reason to believe is mentally incapacitated to the extent it would present a threat of physical harm to one or more persons for the member is unable to carry a concealed weapon without creating a manifest threat of physical harm to other persons. The superintendent may revoke the authority at any time without cause and without recourse. Conviction of the retired or medically discharged member for the commission of any felony or for a misdemeanor involving the improper or illegal use of a firearm shall cause this authority to terminate immediately without a hearing or other recourse and without any action on the part of the superintendent. The superintendent may not withhold, deny or revoke any certificate of authorization under this subsection if the retired or medically discharged member is qualified for the authorization. The superintendent shall promulgate a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code, which rule shall prescribe requirements necessary for the issuance and continuance of the authority herein granted and procedures for appealing a denial or revocation of a certificate of authorization to carry concealed weapons under this subsection in accordance with subsection (f) of this section.

    (c) In addition to any certificate of authorization under subsection (b) of this section, the superintendent shall make available to all eligible retired or medically discharged members of the State Police a program for periodic qualification and certification to carry concealed firearms nationwide under 18 U.S.C. §926C if that retired or medically discharged member is otherwise a qualified retired law-enforcement officer as that term is defined in 18 U.S.C. §926C, which shall reasonably accommodate any physical disability of the retired or medically-discharged member. The superintendent may not charge a retired or medically-discharged member a fee for the periodic qualification and certification. However, a retired or medically-discharged member who wishes to qualify shall provide at his or her own expense a suitable firearm and the ammunition actually expended in the qualification. A retired or medically discharged member of the State Police who qualifies for both a certificate of authorization under subsection (b) of this section and qualification and certification as a qualified retired law-enforcement officer under 18 U.S.C. §926C, shall be entitled to both and the corresponding rights, benefits, privileges and immunities appertaining to each.

    (d) Before issuing, renewing or reinstating any certificate of authorization under subsection (b) of this section or a certification as a qualified retired law-enforcement officer under subsection (c) of this section, the superintendent shall conduct an investigation which shall verify that the retired or medically discharged member of the State Police is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certificates of authorization issued under subsection (b) of this section and certifications issued under subsection (c) of this section as an alternative to the National Instant Criminal Background Check System or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the National Instant Criminal Background Check System and, if the retired or medically discharged member is not a citizen of the United States, a federal Immigration Alien Query.

    (e) Each certificate of authority under subsection (b) of this section or certification under subsection (c) of this section, issued on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, shall be no larger than three and three-eighths inches wide by two and one-eighth inches long, shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver’s license, and shall contain the retired or medically discharged member’s name, address, signature and full-face color photograph, the superintendent’s signature or a facsimile thereof affixed by any person authorized to act on the superintendent’s behalf pursuant to section five, article two, chapter two of this code, the dates of issue and expiration, the words “Qualified Retired Law Enforcement Officer under 18 U.S.C. §926C” in conspicuous type in the case of a certification under subsection (c) of this section and other information the superintendent considers appropriate.

    (f) Any denial, suspension, revocation or other termination by the superintendent of a retired or medically discharged member’s certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, is subject to article five, chapter twenty-nine-a of this code.

    (g) The superintendent shall revoke any certificate of authorization issued under subsection (b) of this section or certification as a qualified retired law-enforcement officer issued under subsection (c) of this section if the person to whom the certificate or certification was issued becomes prohibited under federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. The superintendent shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certificate or certification to the superintendent if served in person with the notice or within five business days if served by certified mail.

    (h) Any person to whom a certificate of authorization has been issued under subsection (b) of this section or certification as a qualified retired law-enforcement officer has been issued under subsection (c) of this section, who becomes ineligible to continue holding the certificate or certification shall immediately surrender the certificate or certification to the superintendent regardless of whether the superintendent discovers the disqualification and initiates revocation proceedings under subsection (g) of this section.

    (i) Any person who knowingly and willfully fails to surrender a revoked certificate or certification, as required by subsection (g) of this section, or knowingly and willfully fails to surrender a certificate or certification the person has become ineligible to continue holding, as required by subsection (h) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

    (j) The superintendent shall reinstate a certificate of authorization under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section that was revoked pursuant to subsection (g) of this section or surrendered pursuant to subsection (h) of this section if the person to whom the revoked or surrendered certificate or certification was issued subsequently ceases to be prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place and fulfills all other requirements to receive the applicable certificate of authorization under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section.

    (k)(1) Notwithstanding any provision of this code or other law of this state to the contrary, except as otherwise provided in this subsection, the names, addresses and other personally-identifying information of retired or medically discharged members of the State Police who apply for or have been issued a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, are confidential, are not public records and may be copied or inspected only by:

    (A) The person to whom the record pertains;

    (B) The duly qualified conservator or guardian of a person to whom the record pertains;

    (C) The duly qualified personal representative of a deceased person to whom the record pertains, or, if a personal representative has not qualified, the next of kin of a deceased person to whom the record pertains;

    (D) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the person to whom the record pertains;

    (E) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties for an official purpose; or

    (F) By any licensed firearm dealer within this state from which a retired or medically discharged member proposes purchasing a firearm, for the purpose of verifying the validity of the certificate of authorization issued under subsection (b) of this section or certification as a qualified retired law-enforcement officer issued under subsection (c) of this section; or

    (G)(i) A person authorized by an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect information protected by this subsection.

    (ii) Before any court may grant access to any records pursuant to this paragraph, the court shall order the moving party to give each affected applicant or licensee notice of the proceedings, the request for confidential records under this paragraph and the opportunity of affected persons to confidentially intervene and object to the request by directing the superintendent to print and mail by first-class mail to each affected person, the costs for which the moving party shall prepay in full to the superintendent, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.

    (2) Any person who knowingly misrepresents his or her identity to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly makes a false statement to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly and willfully misrepresents his or her authority to obtain any information whose disclosure is restricted by subdivision (1) of this subsection or knowingly and willfully discloses any information whose disclosure is restricted by subdivision (1) of this subsection in violation of subdivision (1) of this subsection, is guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years, fined not more than $10,000, or both fined and imprisoned.

    (3) This subsection does not prohibit disclosure or publication of statistical summaries, abstracts or other records containing information in an aggregate or statistical form that does not disclose any personally-identifying information protected from public disclosure under this subsection.

    (4)(A) The superintendent shall furnish to a any nonprofit firearm-related or hunting-related educational or issue-advocacy organization exempt from federal income taxation under §501(c) of the Internal Revenue Code that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, mailing addresses, telephone numbers, e-mail addresses and county of residence if a resident of this state, of all retired or medically discharged member of the State Police who have applied for or been issued a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, in a commonly-used electronic database format acceptable to the requesting organization.

    (B) The superintendent shall furnish to the state executive committee of any political party, as defined in section eight, article one, chapter three of this code, that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, birthdates, mailing addresses, telephone numbers, e-mail addresses and county of residence of all retired or medically discharged members of the State Police who reside in this state and have applied for or been issued a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, in a commonly-used electronic database format acceptable to the committee.

    (C) Personally-identifying information other than the information described in paragraph (A) or (B) of this subdivision, as applicable, may not be disclosed pursuant to this subdivision.

    (D) The superintendent shall create and maintain an electronic database of all information described in paragraphs (A) and (B) of this subdivision for the purpose of promptly responding to requests for such information. The superintendent may charge any entity requesting information pursuant to paragraph (A) or (B) of this subdivision, a reasonable fee, not to exceed the actual marginal cost incurred in fulfilling the request, which may not include any portion of overhead or other fixed costs incurred in creating or maintaining the database required by this paragraph.

    (E) Before any personally-identifying information of any individual retired or medically discharged member of the State Police who has applied for or been issued a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, may disclosed pursuant to this subdivision, the person obtaining the information shall complete and verify under oath a notarized request form prescribed by the Attorney General, which shall be a public record, and file the request form at the headquarters of the State Police in person or by certified mail, return receipt requested. The superintendent shall maintain a record of requests fulfilled under this subdivision for at least five years and not more than seven years. The superintendent shall, upon request of any individual retired or medically discharged member of the State Police who has applied for or been issued a certificate of authority under subsection (b) of this section or certification as a qualified retired law-enforcement officer under subsection (c) of this section, notify the retired or medically discharged member of all organizations to which the person’s personally-identifying information have been disclosed pursuant to this subdivision during the period for which the superintendent maintains those records and provide a copy of all requests for disclosure made to the superintendent pursuant to this subdivision.

    (l) The superintendent and any employee or agent thereof shall be immune from civil liability resulting from the lawful performance of his or her duties under subsections (b) through (k) of this section.

    (m) A certificate of authority under subsection (b) of this section and certification as a qualified retired law-enforcement officer under subsection (c) of this section are cumulative and supplemental to one another and to any license to carry concealed weapons under section four, article seven, chapter sixty-one of this code or authorization under federal law or the laws of this state to carry a concealed weapon without a license. Subsections (b) through (l) of this section are supplemental and additional to existing rights to bear arms, and nothing in subsections (b) through (l) of this section may be construed to impair or diminish those rights.

§15-2-25a. Certification to carry concealed firearm by qualified retired law-enforcement officers.

    (a) Not later than September 1, 2011, the superintendent shall establish a program for qualifying and certifying any person who is eligible for qualification and certification to carry concealed firearms as a qualified retired law-enforcement officer pursuant to 18 U.S.C. §926C. The superintendent shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement this program and shall initially promulgate emergency rules pursuant to provisions of section fifteen, article three, chapter twenty-nine-a of this code.

    (b) The rules promulgated pursuant to subsection (a) of this section shall:

    (1) Make all necessary provisions to create a program open to all residents of this state entitled by virtue of past employment to be considered qualified retired law-enforcement officers within the meaning of 18 U.S.C. §926C and who elect to become so certified are, in fact, promptly qualified and certified so as to obtain all rights, benefits, privileges and immunities of 18 U.S.C. §926C, on a uniform, nondiscretionary basis;

    (2) Provide that the required qualification shall be offered at least once quarterly in each county of this state in which a State Police troop headquarters is located and in any other counties of this state designated by the superintendent;

    (3) Provide that the opportunities for qualification and certification shall be advertised on the official Internet website of the West Virginia State Police, by mail to appropriate private organizations in contact with retired law-enforcement officers and by publication in the State Register;

    (4) Provide that the certificate issued to a qualified law-enforcement officer under this program shall be no larger than three and three-eighths inches wide by two and one-eighth inches long and shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver’s license, and shall contain the words “Qualified Retired Law-Enforcement Officer under 18 U.S.C. §926C” in conspicuous type;

    (5) Provide that all documents a qualified retired law-enforcement officer is required to file with the superintendent under this section may be filed by mailing them to the headquarters of the State Police, by delivering them in person to the headquarters of the State Police or any troop headquarters or detachment or by any other method the superintendent may authorize;

    (6) Provide that the provisions of article five, chapter twenty-nine-a of this code apply to any denial, suspension or revocation of any certification under the program;

    (7) Provide that any person who wishes to qualify under this program shall provide, at his or her own expense, a suitable firearm and ammunition actually expended in the qualification; and

    (8) Provide that qualification under this program shall reasonably accommodate any physical disability of an applicant.

    (c) The rules promulgated pursuant to subsection (a) of this section may establish a periodic qualification fee of not more than $25 per applicant. There is hereby created in the State Treasury a special revenue revolving fund known as the State Police Qualified Retired Law-Enforcement Officer Certification Fund, which shall be an interest-bearing account. The fee authorized under this subsection shall be deposited into this fund. This fund may be expended solely for the purpose of defraying the costs incurred by the State Police in administering the program established pursuant to this section.

    (d) Before issuing, renewing or reinstating any certificate under this section, the superintendent shall conduct an investigation which shall verify that the applicant is a qualified law-enforcement officer and is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certificates issued pursuant to this section as an alternative to the National Instant Criminal Background Check System or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the National Instant Criminal Background Check System and, if the applicant is not a citizen of the United States, a federal Immigration Alien Query.

    (e) The superintendent shall revoke any certification as a qualified retired law-enforcement officer under this section if the person to whom the certification was issued becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. The superintendent shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certification to the superintendent if served in person with the notice or within five business days if served by certified mail.

    (f) Any person who has been issued a certification as a qualified retired law-enforcement officer under this section and becomes ineligible to continue holding the certification shall immediately surrender the certification to the superintendent regardless of whether the superintendent discovers the disqualification and initiates revocation proceedings under subsection (e) of this section.

    (g) Any person who knowingly and willfully fails to surrender a revoked certification, as required by subsection (e) of this section, or knowingly and willfully fails to surrender a certification the person has become ineligible to continue holding, as required by subsection (f) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

    (h) The superintendent shall reinstate a certification as a qualified retired law-enforcement officer under this section that was revoked pursuant to subsection (e) of this section or surrendered pursuant to subsection (f) of this section if the person to whom the revoked or surrendered certification was issued subsequently ceases to be prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place and fulfills all other requirements to receive the certification under this section.

    (i) (1) Notwithstanding any provision of this code or other law of this state to the contrary, except as otherwise provided by this subsection, the names, addresses and other personally-identifying information of qualified retired law-enforcement officers who apply for or have been issued a certificate of qualification under this section or otherwise participates in a program under this section, shall be confidential, are not public records and may be copied or inspected only by:

    (A) The person to whom the record pertains;

    (B) The duly qualified conservator or guardian of a person to whom the record pertains;

    (C) The duly qualified personal representative of a deceased person to whom the record pertains or, if a personal representative has not qualified, the next of kin of a deceased person to whom the record pertains;

    (D) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the person to whom the record pertains;

    (E) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties for an official purpose; or

    (F) By any licensed firearm dealer within this state from which a qualified retired law-enforcement officer who presents a certificate under this section proposes purchasing a firearm, for the purpose of verifying the validity of the certificate; or

    (G) (i) A person authorized by an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect information protected by this subsection.

    (ii) Before any court may grant access to any records pursuant to this paragraph, the court shall order the moving party to give each affected person notice of the proceedings, the request for confidential records under this paragraph and the opportunity of affected persons to confidentially intervene and object to the request by directing the superintendent to print and mail by first-class mail to each affected person, the costs for which the moving party shall prepay in full to the superintendent, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.

    (2) Any person who knowingly misrepresents his or her identity to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly makes a false statement to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly and willfully misrepresents his or her authority to obtain any information whose disclosure is restricted by subdivision (1) of this subsection or knowingly and willfully discloses any information whose disclosure is restricted by subdivision (1) of this subsection in violation of subdivision (1) of this subsection, is guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years, fined not more than $10,000, or both fined and imprisoned.

    (3) This subsection does not prohibit disclosure or publication of statistical summaries, abstracts or other records containing information in an aggregate or statistical form that does not disclose any personally-identifying information protected from public disclosure under this subsection.

    (4) (A) The superintendent shall furnish to any nonprofit firearm-related or hunting-related educational or issue-advocacy organization exempt from federal income taxation under §501(c) of the Internal Revenue Code that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, mailing addresses, telephone numbers, e-mail addresses and county of residence if a resident of this state, of all qualified retired law-enforcement officers who have applied for or been issued a certificate of qualification under this section, in a commonly-used electronic database format acceptable to the requesting organization.

    (B) The superintendent shall furnish to the state executive committee of any political party, as defined in section eight, article one, chapter three of this code, that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, birthdates, mailing addresses, telephone numbers, e-mail addresses and county of residence of all qualified retired law-enforcement officers who reside in this state and have applied for or been issued a certificate of qualification under this section, in a commonly-used electronic database format acceptable to the requesting committee.

    (C) Personally-identifying information other than the information described in paragraph (A) or (B) of this subdivision, as applicable, may not be disclosed pursuant to this subdivision.

    (D) The superintendent shall create and maintain an electronic database of all information described in paragraphs (A) and (B) of this subdivision for the purpose of promptly responding to requests for such information. The superintendent may charge any entity requesting information pursuant to paragraph (A) or (B) of this subdivision, a reasonable fee, not to exceed the actual marginal cost incurred in fulfilling the request, which may not include any portion of overhead or other fixed costs incurred in creating or maintaining the database required by this paragraph.

    (E) Whenever personally-identifying information of any qualified retired law-enforcement officers who have applied for or been issued a certificate of qualification under this section is disclosed pursuant to this subdivision, the person obtaining the information shall complete and verify under oath a notarized request form prescribed by the Attorney General, which shall be a public record, and file the request form at the headquarters of the State Police in person or by certified mail, return receipt requested. The superintendent shall maintain a record of requests fulfilled under this subdivision for at least five years and not more than seven years. The superintendent shall, upon request of any qualified retired law-enforcement officer who has applied for or been issued a certificate of qualification under this section, notify the qualified retired law-enforcement officer of all organizations to which the person’s personally-identifying information have been disclosed pursuant to this subdivision during the period for which the superintendent maintains those records and provide a copy of all requests for disclosure made to the superintendent pursuant to this subdivision.

    (j) The superintendent and any employee or agent thereof shall be immune from civil liability resulting from the lawful performance of his or her duties under this section and the rules promulgated pursuant to this section.

    (k) A certification as a qualified retired law-enforcement officer under this section is cumulative and supplemental to any license to carry concealed weapons under section four, article seven, chapter sixty-one of this code or authorization under federal law or the laws of this state to carry a concealed weapon without a license. This section is supplemental and additional to existing rights to bear arms, and nothing in this section may be construed to impair or diminish those rights.

    (l) For the purposes of this section and the rules promulgated pursuant to this section, the definitions specified in 18 U.S.C. §926C shall apply.

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-6. Emergency powers of Governor.

    The provisions of this section shall be operative only during the existence of a state of emergency.

    (a) The existence of a state of emergency may be proclaimed by the Governor, by proclamation, or by concurrent resolution of the Legislature, by concurrent resolution, may proclaim the existence of a state of emergency if the Governor in such his or her proclamation, or the Legislature in such its concurrent resolution, finds that:

    (1) (A) An attack upon the United States has occurred or is anticipated in the immediate future; or that

    (B) A natural or man-made disaster of major proportions has actually occurred or is imminent within the state; and that

    (2) The safety and welfare of the inhabitants of this state require an invocation of the provisions of this section.

    (b) Any such state of emergency, whether proclaimed by the Governor or by the Legislature, shall terminate upon the proclamation of the termination thereof of the state of emergency by the Governor, or the passage by the Legislature of a concurrent resolution terminating such the state of emergency.

    So long as such (c) During a state of emergency exists that is proclaimed pursuant to subsection (a) of this section, the Governor shall have and may exercise the following additional emergency powers:

    (a) (1) To enforce all laws, rules and regulations relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;

    (b) (2) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on such terms and conditions as he or she shall prescribe and prescribed by the Governor, without regard to the limitations of any existing law, and to account to the State Treasurer for any funds received for such the property;

    (c) (3) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation proceedings within thirty days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute such materials and facilities. Compensation for property so procured under this subdivision shall be made in the manner provided in chapter fifty-four of this code;

    (d) (4) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her the Governor’s contingent funds or such other funds as may be available to him or her the Governor;

    (e) (5) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take such steps as are necessary steps for the receipt and care of such evacuees;

    (f) (6) To control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein in a disaster area;

    (g) (7) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency, if strict compliance therewith with the applicable regulatory statute would in any way prevent, hinder or delay necessary action in coping with the emergency;

    (h) (8) To utilize such available resources of the state and of its political subdivisions as are reasonably necessary to cope with the emergency;

    (i) (9) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles;

    (j) (10) To make provision for the availability and use of temporary emergency housing; and

    (k) (11) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

    No (d) The Legislature finds and declares that an individual’s right to keep and bear arms is especially necessary for the protection of lives and property of law-abiding citizens during emergency situations when law-enforcement and other public safety resources are particularly limited. The powers granted under this section may not be interpreted to authorize the seizure or confiscation of a firearm from a person, unless that firearm is unlawfully possessed or unlawfully carried by the person, or the person is unlawfully possessing or carrying the firearm or is otherwise engaged in a criminal act; any prohibition or impairment of the otherwise lawful possession, carrying, transportation or storage of privately owned firearms or ammunition; or the suspension of otherwise lawful firearm sales or transfers or any other lawful firearms-related activity conducted by any person possessing a federal firearms license.

§15-5-19a. Possession, carrying, transportation or storage of firearms not restricted during a declared state of emergency.

    (a) The Legislature finds and declares that an individual’s right to keep and bear arms is especially necessary for the protection of lives and property of law-abiding citizens during emergency situations when law-enforcement and other public safety resources are particularly limited.

    No (b) Notwithstanding any provision of this article to the contrary, the powers granted under this article to state or local authorities may not be interpreted to authorize the seizure or confiscation of a firearm from a person during a declared state of emergency, unless that firearm is unlawfully possessed or unlawfully carried by the person, or the person is unlawfully possessing or carrying the firearm or is otherwise engaged in a criminal act; any prohibition or impairment of the otherwise lawful possession, carrying, transportation or storage of privately owned firearms or ammunition; or the suspension of otherwise lawful firearm sales or transfers or any other lawful firearms-related activity conducted by any person possessing a federal firearms license.

CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

    ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

§17C-2-3. Enforcement of chapter; designation and power of special officers; bond of special officers; failure to obey police officer or special officers.

    (a) It is the duty of The West Virginia State Police and its members to shall enforce the provisions of this chapter and other laws of this state governing the operation of vehicles upon the streets and highways of this state as defined in section thirty-five, article one of this chapter or in other designated places specifically referred to in a given section in this chapter. and it is the duty of The sheriffs, and their deputies and of the police of municipalities to render to shall assist the West Virginia State Police assistance in the performance of said these duties as the Superintendent of the West Virginia State Police may require of them.

    (b) The West Virginia Commissioner of Highways is authorized to may designate employees of the West Virginia Division of Highways as special officers to enforce the provisions of this chapter only when special officers are directing traffic upon bridges and the approaches to bridges which are a part of the state road system when any bridge needs special traffic direction and the superintendent of the West Virginia State Police has informed the West Virginia Commissioner of Highways that he or she is unable to furnish personnel for traffic direction. The West Virginia Commissioner of Highways may also designate certain employees of the West Virginia Division of Highways serving as members of official weighing crews as special officers to enforce the provisions of article seventeen of this chapter. Notwithstanding any provision of this code to the contrary, Designated special officers serving as members of official weighing crews may carry handguns concealed weapon without a license in the course of their official duties after meeting specialized qualifications established by the Governor’s Committee on Crime, Delinquency and Correction, which qualifications shall include the successful completion of handgun training, including a minimum of four hours’ training in handgun safety, paid for by the Division of Highways and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police. Provided, That However, nothing in this section shall may be construed to include designated special officers authorized by the provisions of this section as within the definition of law-enforcement officers as such are defined in section one, article twenty-nine, chapter thirty of this code. The West Virginia Commissioner of Highways shall provide a blanket bond in the amount of $10,000 for all employees designated as special officers as above provided pursuant to this subsection.

    (c) No A person shall may not willfully fail or refuse to comply with a lawful order or direction of any police officer or designated special officer invested by law with authority to direct, control or regulate traffic.

    (d) No A person shall may not willfully fail or refuse to comply with a lawful order or direction of any designated special officer pursuant to the provisions of subsection (b) of this section.

CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

    ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.

§18C-1-6. State-supported higher education institutions required to respect individual’s right to keep and bear arms as condition of receiving state financial assistance.

    (a) A higher education institution within this state may not be eligible for any form of financial assistance, direct or indirect, from this state or any political subdivision of this state, unless the institution and all its programs and activities fully comply with the requirements of sections sixteen and seventeen, article seven, chapter sixty-one of this code.

    (b) In this section, “program or activity” includes all of the operations of any higher education institution, any part of which is extended direct or indirect financial assistance from this state or any political subdivision of this state.

    (c) In addition to any other person who may have proper standing, the Attorney General, any citizen or taxpayer of this state or any person whose rights under sections sixteen or seventeen, article seven, chapter sixty-one of this code, have been violated by a higher education institution that has received any form of financial assistance, direct or indirect, from this state or any political subdivision of this state, may bring a civil action in the circuit court of Kanawha County or any county in which any part of the institution is located to enjoin any alleged violations of sections sixteen or seventeen, article seven, chapter sixty-one of this code, enjoin the institution’s receipt of any financial assistance, direct or indirect, from this state or any political subdivision of this state, in violation of subsection (a) of this section and obtain any other relief to which the person may be entitled, including without limitation attorney’s fees and other costs of litigation pursuant to section twenty, article seven, chapter sixty-one of this code.

ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.

§18C-5-2. Definitions.

    (a) “Approved institution of higher education” means:

    (1) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code; Alderson-Broaddus College, Appalachian Bible College, Bethany College, Mountain State University, Davis and Elkins College, Ohio Valley University, Salem International University, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit University, all in West Virginia; and

    (2) Any other regionally or nationally accredited institution of higher education in this state, public or private, approved by the vice chancellor if the institution has been licensed for a minimum of fifteen years subject to the provisions of section nine, article two-b, chapter eighteen-b of this code and section six, article two-b of said chapter.

    However, this term does not include any institution that does not fully comply with the requirements of subsection (a), section six, article one of this chapter and sections sixteen and seventeen, article seven, chapter sixty-one of this code.

    (b) “Grant” or “grant program” means a higher education grant or the higher education grant program authorized and established by the provisions of this article.

    (c) “Senior administrator” and “vice chancellor” mean the Vice Chancellor for Administration, as provided in section two, article four, chapter eighteen-b of this code.

ARTICLE 6. WEST VIRGINIA ENGINEERING, SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

§18C-6-2. Definitions.

    When used in this article the following terms have the following meanings, unless the context clearly indicates a different meaning:

    (a) “ABET” means the Accrediting Board for Engineering and Technology.

    (b) “ABET approved engineering major” means a major approved by ABET’s engineering accreditation commission.

    (c) “ABET approved technology major” means a major approved by ABET’s technology accreditation commission.

    (d) “Eligible institution of higher education” means:

    (1) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code; and

    (2) Alderson-Broaddus College, Appalachian Bible College, Bethany College, the College of West Virginia, Davis and Elkins College, Ohio Valley College, Salem-Teikyo College, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit College, all in West Virginia, and any other institution of higher education in this state, public or private, approved by the senior administrator: Provided, That if any institution listed in this paragraph subdivision is not regionally accredited or does not fully comply with the requirements of subsection (a), section six, article one of this chapter and sections sixteen and seventeen, article seven, chapter sixty-one of this code, it shall not be included as an eligible institution;

    (e) “Engineering, science and technology-related field” means any position for which the employer provides a written statement that engineering, science or technology skill, knowledge and ability, as evidenced by the attainment of a certificate, associate or baccalaureate degree in engineering, science or technology, are preferred or required or where an industry-based certification requirement exists.

    (f) “Industry-based certification” means any special certification required, necessary or deemed preferred for employment in the field.

    (g) “Science” means a major in biology, chemistry, computer science, physics or mathematics at an eligible institution of higher education or any other major as approved by the higher education governing boards by rule.

ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-3. Definitions.

    (a) General. -- For the purposes of this article, terms have the meaning ascribed to them in section two, article one of this chapter, unless the context in which the term is used clearly requires a different meaning or a specific definition is provided in this section.

    (b) Definitions. –-

    (1) “Eligible institution” means:

    (A) A state institution of higher education as defined in section two, article one, chapter eighteen-b of this code;

    (B) Alderson-Broaddus College, Appalachian Bible College, Bethany College, Davis and Elkins College, Mountain State University, Ohio Valley University, the University of Charleston, West Virginia Wesleyan College and Wheeling Jesuit University, all in West Virginia. Any institution listed in this subdivision ceases to be an eligible institution if: it meets either of the following conditions

    (i) It loses regional accreditation; or

    (ii) It changes its status as a private, not-for-profit institution; or

    (iii) It does not fully comply with the requirements of subsection (a), section six, article one of this chapter and sections sixteen and seventeen, article seven, chapter sixty-one of this code; and

    (C) Any other public or private regionally accredited institution in this state approved by the commission that fully complies with the requirements of subsection (a), section six, article one of this chapter and sections sixteen and seventeen, article seven, chapter sixty-one of this code.

    (2) “Tuition” means the quarter, semester or term charges imposed by an eligible state institution of higher education and, additionally, all mandatory fees required as a condition of enrollment by all students. For the purposes of this article, the following conditions apply:

    (A) West Virginia University, Potomac State College and West Virginia University Institute of Technology are considered separate institutions for purposes of determining tuition rates; and

    (B) The tuition amount paid by undergraduate health sciences students at West Virginia University is considered to be the same as the amount of tuition paid by all other West Virginia University undergraduate students.

    (3) “Enrolled” means either currently enrolled or in the process of enrolling in an eligible institution.

    

CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§20-1-2. Definitions.

    As used in this chapter, unless the context clearly requires a different meaning:

    “Agency” means any branch, department or unit of the state government, however designated or constituted.

    “Aircraft” has the same meaning as in section one, article two-a, chapter twenty-nine of this code.

    “Alien” means any person not a citizen of the United States.

    “Ammunition” means ammunition or cartridge cases, primers, bullets or propellant powder designed for use in any firearm.

    “Bag limit” or “creel limit” means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.

    “Big game” means elk, deer, black bears, wild boars and wild turkeys.

    “Bona fide resident, tenant or lessee” means a person who permanently resides on the land.

    “Citizen” means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.

    “Closed season” means the time or period during which it shall be is unlawful to take any wildlife as specified and limited by the provisions of this chapter.

    “Commission” means the Natural Resources Commission.

    “Commissioner” means a member of the advisory commission of the Natural Resources Commission.

    “Director” means the Director of the Division of Natural Resources.

    “Firearm” has the same meaning as in section two, article seven, chapter sixty-one of this code.

    “Fishing” or “to fish” means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait.

    “Fur-bearing animals” include: (a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox; (i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.

    “Game” means game animals, game birds and game fish. as herein defined

    “Game animals” include: (a) The elk; (b) the deer; (c) the cottontail rabbits and hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.

    “Game birds” include: (a) The anatidae, commonly known as swan, geese, brants and river and sea ducks; (b) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (d) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (e) the columbidae, commonly known as doves; (f) the icteridae, commonly known as blackbirds, redwings and grackle; and (g) the corvidae, commonly known as crows.

    “Game fish” include: (a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel; (j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p) black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u) sauger; and (v) all game fish hybrids.

    “Handgun” has the same meaning as in section two, article seven, chapter sixty-one of this code.

    “Hunt” means to pursue, chase catch or take any wild birds or wild animals Provided, That the definition of “hunt” does not include an except in any officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not other than a shoot-to-retrieve field trial.

    “Lands” means land, waters and all other appurtenances connected therewith.

    “Loaded”, with respect to a firearm, has the same meaning as in section two, article seven, chapter sixty-one of this code.

    “Migratory birds” means 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, known as the Migratory Bird Treaty Act, 16 U.S.C. §§703 through 712, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.

    “Motor vehicle” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    “Motorboat” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    “Nonresident” means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition not a resident as defined in this section.

    “Open season” means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner, and shall include both the first and the last day of the season or period as designated by the director.

    “Person”, except as otherwise defined where specifically provided otherwise elsewhere in this chapter, means the plural “persons” and shall include individuals, includes natural persons, partnerships, limited liability companies, corporations or other legal entities.

    “Personal watercraft” means:

    (a) A small vessel of less than sixteen feet in length that:

    (1) Uses an inboard motor powering a water jet pump as its primary source of motive power; and

    (2) Is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel; or

    (b) “Specialty prop-crafts,” which are vessels similar in appearance and operation to a vessel described in part (a) of this definition, but which are powered by an outboard motor or propeller-driven motor.

    “Personally-identifying information” has the same meaning as in section two, article seven, chapter sixty-one of this code.

    “Preserve” means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons.

    “Protected birds” means all wild birds not included within the definition of other than “game birds” and “unprotected birds”.

    “Resident” means any person who:

    (a) Is a citizen of the United States and who has been a domiciled resident of the State of West Virginia this state and, except for temporary absences, has resided in this state for a period of not less than thirty consecutive days or more immediately prior to preceding the date of his or her application on which the person applies for any license or permit Provided, That a under this chapter;

    (b) Is an active duty member of the Armed Forces of the United States who is stationed beyond the territorial limits of whose permanent duty station is located outside this state, but who was a resident of this state at the time of his or her entry into such service and any the Armed Forces of the United States; or

    (c) Is a full-time student of any college or university of higher education institution, as defined in section two, article one, chapter eighteen-b of this code, located within this state, even though he or she is paying including any full-time student of a state institution of higher education, as defined in section two, article one, chapter eighteen-b of this code, who pays a nonresident tuition. shall be considered a resident under the provisions of this chapter

    “Roadside menagerie” means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.

    “Small game” includes all game animals, furbearing fur-bearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys big game.

    “Take” means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so Provided, That the definition of “take” does not include an except in any officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not other than a shoot-to-retrieve field trial.

    “Unprotected birds” shall include: (a) The English sparrow; (b) the European starling; and (c) the cowbird.

    “Vehicle” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

    “Wild animals” means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats.

    “Wild birds” shall include all birds other than: (a) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (b) psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.

    “Wildlife” means wild birds, wild animals, game and animals, fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive.

    “Wildlife refuge” means any land set aside by action of the Director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife.

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-2a. Interference with hunters, trappers and fishermen.

    (a) Except as otherwise provided by subsection (b) of this section, no person may intentionally:

    (1) Obstruct or impede the participation of any individual in any lawful activity of incident to hunting, fishing or trapping or the lawful control or possession of lawfully-taken wildlife;

    (2) Harass, bait, drive or disturb any wild bird or wild animal for the purpose of disrupting the lawful hunting of it;

    (3) Damage or destroy in any way any lawful hunting blind with the intent to interfere with its usage for hunting; or

    (4) Harass, intimidate or threaten by any means including, but not limited to, personal or written contact or telephone, e-mail or other electronic communication, any person who is or was engaged in the lawful hunting, fishing or control of fish or wildlife.

    (b) Subsection (a) of this section does not apply to:

    (1) Any incidental interference arising from lawful activity by land users or interference by a landowner or members of his or her immediate family arising from activities on his or her own property; or

    (2) Any constitutionally-protected activity.

    (c) In addition to any other relief to which a person may be entitled, the court shall order any person found liable in a civil action for violating subsection (a) of this section to pay prevailing plaintiffs treble damages, court costs, attorney’s fees and other reasonable expenses of litigation.

§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.

    (a) Except as authorized by the director or otherwise provided by the Legislature in another provision of this chapter, it is unlawful at any time for any person to knowingly:

    (1) Shoot at or attempt to shoot any wild bird or animal unless it is plainly visible to him or her in plain sight;

    (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 or attracting taking, trapping or killing any wild bird or wild animal, or to attempt to do so, while having in his or her immediate physical possession or and subject to his or her actual physical control, or for while any person accompanying him or her to have has in his or her immediate physical possession or and subject to his or her actual physical control, any firearm, whether cased or uncased loaded rifle, loaded shotgun, bow, arrow, or both, or other implement or device, other than a firearm that is not loaded or any handgun, suitable for taking killing or trapping a wild bird or animal, Provided, That it is lawful to hunt or take except when the person:

    (A) Hunts raccoon, opossum or skunk by the use of artificial light; subject to the restrictions set forth in this subdivision: Provided, however, That it is lawful to hunt or take

    (B) Hunts coyotes by the use of amber- or red-colored 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 or

    (C) Looks for, looks at, attracts or makes motionless a wild bird or wild animal with or by the use of an artificial light without taking the wild bird or wild animal, unless at the time he or she has in his or her possession a firearm, whether cased or uncased the person knowingly:

    (i) Has in his or her immediate physical possession and subject to his or her actual physical control:

    (I) A loaded rifle or loaded shotgun, unless the person is licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code or authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license, or has an affirmative defense under subsection (b) of this section;

    (II) A bow, arrow, or both; or

    (III) Any other implement or device, other than firearms, suitable for taking, killing or trapping a wild bird or wild animal; or unless the

    (ii) Uses an artificial light (other than the head lamps headlights of an automobile or other land conveyance a motor vehicle) that is attached to, a part of, or used from within or upon an automobile or other land conveyance any motor vehicle;

    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 any aircraft, motor vehicle or motorboat, except when the person possesses a Class Q permit issued pursuant to section forty-six-e of this article and hunts from a motor vehicle in accordance with the terms of that permit;

    (5) Take any beaver or muskrat by any means other than by trap;

    (6) Catch, capture, take or kill by Use any seine, net, bait, trap or snare or like device of any kind to take or facilitate the taking of 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 possess the nest or eggs of any wild bird unless authorized to do so under rules promulgated by or under the person possesses a permit issued by the director;

    (8) Except as provided in section six of this article, And willfully carry an uncased or loaded gun about his or her person any rifle or shotgun in any of the woods of this state, or in any place where the discharge of a firearm is prohibited by subdivision (4), subsection (a), section fifty-eight of this article, 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 when:

    (A) The rifle or shotgun is not loaded and:

    (i) Is broken down in a nonfunctioning state;

    (ii) Is in a closed case, bag, box or other container that has a lid, a cover or a closing mechanism with a zipper, snap or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the rifle or shotgun; or

    (iii) Ammunition capable of being discharged from that rifle or shotgun is not readily accessible for immediate use; or

    (B) The person:

    (i) Is lawfully hunting during an open firearms hunting season or lawfully hunting or taking of an unprotected species of wild animals, and wild birds and or migratory wild birds; during the open season in the open fields, open water and open marshes of the state

    (ii) Possesses a permit issued by the Director;

    (iii) Is licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code; or

    (iv) Is authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license;

    (9) Have in his or her possession a Possess or transport any crossbow with a nocked bolt a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any motor 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 except when the person possesses a Class Q permit issued pursuant to section forty-six-e of this article and a Class Y permit issued pursuant to section forty-two-w of this article and is lawfully hunting with a crossbow from a motor vehicle in accordance with the terms of those permits;

    (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 with firearms or long bow while under the influence of intoxicating liquor;

    (10) And willfully possess or transport any rifle or shotgun in or on any motor vehicle, unless:

    (A) The person is:

    (i) Licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code; or

    (ii) Authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license;

    (B) The rifle or shotgun is not loaded and is possessed or transported:

    (i) During the months of July, August or September:

    (I) Between the hours of four o’clock antemeridian and nine-thirty o’clock postmeridian, if the person is preparing to or in the process of transporting or transferring the rifle or shotgun to or from a hunting site, campsite, home or other place of abode; or

    (II) Between the hours of five o’clock antemeridian and eight-thirty o’clock postmeridian, if the person is not engaged in an activity described in clause (I) of this subparagraph;

    (ii) During any month other than July, August or September:

    (I) Between the hours of six o’clock antemeridian and six o’clock postmeridian, if the person is preparing to or in the process of transporting or transferring the rifle or shotgun to or from a hunting site, campsite, home or other place of abode; or

    (II) Between the hours of seven o’clock antemeridian and five o’clock postmeridian, if the person is not engaged in an activity described in clause (I) of this subparagraph;

    (iii) When ammunition capable of being discharged from that rifle or shotgun is not readily accessible for immediate use;

    (iv) In a closed case, bag, box or other container that has a lid, a cover or a closing mechanism with a zipper, snap or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the rifle or shotgun;

    (v) In a compartment that can be reached only by leaving the vehicle;

    (vi) In plain sight and secured in a rack or holder made for the purpose of holding and securing a firearm; or

    (vii) In plain sight with the action open or the weapon stripped or, if the rifle or shotgun is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight; or

    (C) The person possesses a Class Q permit issued pursuant to section forty-six-e of this article and is hunting from a motor vehicle in accordance with the terms of that permit;

    (12) (11) Hunt catch, take, kill, injure or pursue a wild animal or wild bird with the use of a ferret;

    (13) (12) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so without a license issued by the Director pursuant to section forty-nine of this article or, if licensed under a resident county license or an agent’s permit issued to an employee of a resident county licensee, buy raw furs, pelts or skins of fur-bearing animals outside the county or counties specified in the resident county license;

    (14) Catch, (13) 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 except when snaring of any species of suckers, carp, fallfish and or creek chubs; shall at all times be lawful

    (15) (14) Employ or hire, or induce or persuade, by the use of money or other things of value or by any other 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 that is protected by the provisions of this chapter or rules of the director or the sale of which is prohibited;

    (16) (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;

    (17) Kill, (16) Take catch or have in his or her possession, living or dead, possess any wild bird other than a game protected bird, or expose for sale or transport within or without the state any protected bird except as aforesaid no part of the plumage, skin or body of any protected bird may be sold or sell or had in possession for possess for the purpose of sale any protected bird, except mounted or stuffed plumage, skin, bodies or heads of the protected birds legally taken and stuffed or mounted, irrespective regardless of whether the protected bird is alive or 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

    (18) (17) Use dynamite or any like explosive or poisonous mixture placed in any waters of the state for the purpose of killing or taking to fish; Any person violating the provisions of this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned for not less than six months nor more than three years, or both fined and imprisoned

    (19) have a bow and gun, or have a gun and any arrow or arrows,

    (18) Unless licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code or authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license, simultaneously possess in the fields or woods: at the same time

    (A) A bow or any arrow or arrows; and

    (B) A rifle or shotgun;

    (20) Have (19) Carry about his or her person a crossbow in the woods or fields or use a crossbow to hunt for, take or attempt to take any wildlife, unless the person possesses a Class Y permit issued pursuant to section forty-two-w of this article;

    (21) (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;

    (22) (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;

    (23) (22) Shoot an arrow across any public highway or from any aircraft, motor-driven watercraft motorboat, motor vehicle or other land conveyance;

    (24) (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 a person may train dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and hold or conduct 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 may not have firearms or other implements in his or her possession carry about his or her person during the closed season on wild animals and wild birds, (i) any rifle or shotgun unless the person is licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code or authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license, or has an affirmative defense under subsection (b) of this section, or (ii) any implement of hunting, other than a firearm, whereby wild animals or wild birds could be taken; or killed

    (25) (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 such trial at any time of the year upon obtaining a permit as is provided in pursuant to 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 the trial, and make same the record readily available for inspection by any natural resources police officer authorized to enforce the provisions of this chapter upon request;

    (26) Except as provided in section four of this article,

    (25) 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 for that species established by rule of the director; as authorized by subdivision (6), section seven, article one of this chapter

    (27) Hunting (26) Hunt any wild animal or wild bird on public lands on Sunday after five o’clock antemeridian, is prohibited; and except to tend traps previously and legally set;

    (27) Hunt any wild animal or wild bird after the hour of five o’clock antemeridian on Sunday if the following Monday is the opening day of a big game hunting season in that county or other geographical zone designated by the director for the applicable big game hunting season, except to tend traps previously and legally set;

    (28) Hunt any wild animal or wild bird after the hour of five o’clock antemeridian on Sunday on private land without the written consent of the landowner, except to tend traps previously and legally set;

    (29)(A) Hunt catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, any wild animal or wild bird on private lands on Sunday after the hour of five o’clock antemeridian, except to tend traps previously and legally set. Provided, That the provisions

    (B)(i) Paragraph (A) of this subdivision do does not apply in any county until the county commission of the county holds an election on the question of whether the provisions of paragraph (A) of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of that county prohibit hunting on private lands on Sunday in the county. The election shall be determined by a vote of the resident voters of the county in which the prohibition on hunting on private lands on Sunday is proposed. to be authorized The county commission of the county in which the prohibition on Sunday hunting on private lands 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 shall be 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.

    (ii) On the local option election ballot shall be printed the following:

    Section 20-2-5(a)(26) of the West Virginia Code prohibits hunting on Sunday on all public lands. Section 20-2-5(a)(27)-(28) of the West Virginia Code prohibits hunting on Sunday on private lands if the following Monday is the opening day of a big game (deer, bear, turkey or boar) hunting season or if the hunter does not have the express written permission of the landowner. In addition to these restrictions, section 20-2-5(a)(29) of the West Virginia Code authorizes local option elections within each county to determine whether hunting on Sunday will be completely prohibited on private lands.

    The purpose of this local option election is to determine whether, in addition to the above limitations on Sunday hunting contained in Section 20-2-5(a)(26)-(29) of the West Virginia Code, hunting on private lands on Sunday will be completely prohibited in _________ County.

    Shall hunting on private lands on Sunday be authorized prohibited in _________ County?

    [ ] Yes [ ] No

    (Place a cross mark in the square opposite your choice.)

    (iii) Any local option election to approve or disapprove of the proposed authorization prohibition of Sunday hunting on private lands 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 a prohibition on Sunday hunting at the election.

    (iv) If a majority votes against allowing to prohibit Sunday hunting on private lands, no election on the issue may be held for a period of one hundred four weeks. If a majority votes “yes” against prohibiting Sunday hunting on private lands, no an election reconsidering the action may not 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 a new local option election is proposed. 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 subparagraph. However, 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

    (30) While tending traps after the hour of five o’clock antemeridian on Sundays as authorized by subdivisions (26) through (28) of this subsection or paragraph (A), subdivision (29) of this subsection, carry about his or her person any rifle or shotgun other than a twenty-two caliber firearm that is carried for the purpose of humanely dispatching trapped animals, unless the person is licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code or authorized by subsection (d), section three, article seven, chapter sixty-one of this code, to carry a concealed weapon without a license; or

    (29) (31) 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 this state.

    (b) It is an affirmative defense to any offense under subdivision (8), (10), (18) or (30), subsection (a) of this section, or any offense under any other subdivision of subsection (a) of this section in which the offense was based primarily upon the possession, carrying, transportation or storage of a firearm, that:

    (1) The defendant was not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, or subsection (a), section seven, article seven, chapter sixty-one of this code; and

    (2)(A) The defendant carried the weapon for defensive purposes while the defendant was engaged in or was going to or from the defendant’s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the defendant particularly susceptible to criminal attack, such as would justify a prudent person in going armed; or

    (B) The defendant carried the weapon for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the defendant or any person accompanying the defendant, such as would justify a prudent person in going armed.

    (c) The Legislature fully occupies and preempts the field of regulation of Sunday hunting. Any rule of the director or county or municipal ordinance, rule, resolution, policy, administrative action or other official act regulating Sunday hunting, except as provided in subdivisions (26) through (30), subsection (a) of this section, is void.

    (d) In this section, the phrase “rifle or shotgun” means any firearm other than a handgun.

§20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; license revocation.

    (a) It is unlawful at any time for any Except as otherwise provided by subsection (d) of this section, no person to take, may hunt, possess, transport, import, export or process, sell or offer for sale, buy, barter or trade or offer to buy, barter or trade at any time or in any manner, any bald eagle, also commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing eagles any bald eagle or golden eagle, or to attempt to do any of these acts.

    (b) Anyone Except as otherwise provided in subsection (c) of this section, any person who violates the provisions subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or imprisoned confined in the county jail for not less than sixty days nor more than one year, or both fined and imprisoned. One half of any fine imposed shall be paid to any person or persons providing information that leads to the arrest and conviction of anyone any person for a first offense of violating the provisions subsection (a) of this section.

    (c) For a second or subsequent conviction for a violation of subsection (a) of this section, a person is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000, and imprisoned in the penitentiary a state correctional facility for not less than one year nor more than two years, or both fined and imprisoned. An amount equal to one half of the fine imposed, not exceeding $2,500, shall be paid to the person or persons providing information that leads to the arrest and conviction of anyone any person for a second or subsequent violation of the provisions subsection (a) of this section.

    (d) “Take” is defined as including any means to pursue, hunt, wound, kill, capture, collect, poison, or molest any bald eagle or golden eagle, or any part, nest or egg thereof, or to knowingly and willfully destroy the nest or eggs of any such eagles.

    (e) Nothing in (d) This section may be construed to prohibit does not apply to the taking hunting, possession or transportation of bald eagles or golden eagles legally under as authorized by the current federal Eagle Protection Act, 16 USC §668a U.S.C. §§668 through 668d, as amended, and or the current federal regulations promulgated pursuant to the federal Eagle Protection Act, as amended, 50 CFR 22.1 et seq. C.F.R. Part 22.

    (f) (e) All wildlife, merchandise, guns firearms, traps, nets and other equipment, vessels, vehicles, aircraft and other means of transportation used in taking, possessing, transporting, importing, exporting, selling or offering for sale, purchasing or bartering or offering to purchase or barter any bald eagle or golden eagle or part, nest, or egg thereof of any bald eagle or golden eagle, or in attempting to do any of these acts in violation of this section, shall be forfeited, at the time of conviction, to the state.

    (g) (f) Upon conviction of taking, possessing, transporting, importing, exporting or processing, selling or offering for sale, buying, bartering or trading or offering to buy, barter or trade any bald or golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing bald eagles or golden eagles, or of attempting to do any of these acts, the director shall revoke the person’s hunting licenses of such person or persons may be revoked and such person or persons shall not be issued any issue the person a new hunting licenses for a period of license until ten years from after the date of conviction.

§20-2-6. Carrying firearm on landowner’s land not prohibited.

    Notwithstanding any other provisions provision of this chapter to the contrary, it shall be lawful for a bona fide resident, landowner of this state, any member of said landowner’s family and any bona fide tenant of said landowner, to or lessee who is not prohibited by federal law or article seven, chapter sixty-one of this code from possessing firearms, may carry an uncased gun a firearm at any time, regardless of whether the bona fide resident, tenant or lessee is accompanied by or without a dog or whether the firearm is loaded or encased, in their the bona fide resident, tenant or lessee’s regular pursuits in caring for and looking after such landowner’s livestock or poultry on his or her land and on any other lands leased or rented by him the bona fide resident, tenant or lessee rents or leases for livestock or poultry husbandry purposes.

§20-2-6a. Carrying handguns not prohibited.

    (a) Notwithstanding any provision of this code chapter, rules established by the director or any county or municipal ordinance, rule, policy, administrative action or other official act to the contrary, a except as otherwise provided by federal law or article seven, chapter sixty-one of this code, any 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, for self-defense, the defense of other persons, the defense of livestock and domestic animals and other lawful purposes, own, possess, carry, a handgun in a concealed manner for self defense purposes transfer, transport, store and keep handguns and parts, components and ammunition for handguns:

    (1) In or on any national, state, county, municipal or other public park, forest, wildlife management area, wildlife refuge, trail or other public lands;

    (2) While afield hunting, trapping or fishing in a lawful manner;

    (3) While hiking, camping, backpacking, farming, ranching or engaged in any other lawful outdoor activity in which weapons are often carried for recreation or protection;

    (4) While in or on a motor any vehicle, vessel or other means of transportation or conveyance on land or water; or

    (5) While engaging in any other activity regulated by this chapter or rules promulgated by the director.

    (b) When a person owns, possesses, carries, transfers, transports, stores or keeps a handgun or parts, components or ammunition for a handgun as provided by subsection (a) of this section:

    (1) The person shall be presumed to be owning, possessing, carrying, transferring, transporting, storing or keeping the handgun and parts, components and ammunition for the handgun for self-defense or another lawful purpose other than hunting; and

    (2) The handgun and parts, components and ammunition for the handgun shall be presumed to not be an implement of hunting, unless the person knowingly and willfully uses the handgun to take wildlife and the taking was not in justifiable self-defense or the defense of another person or property.

    The provisions of (b)(c) This section shall does not exempt authorize any person from obtaining any hunting or fishing to hunt or fish without any license or stamp required by the Division of Natural Resources this chapter.

    (d) Notwithstanding any existing or future provision of this chapter to the contrary:

    (1) This section supersedes and preempts any prohibition or restriction contained in or authorized by any other provision of this chapter, rules promulgated by the director or any county or municipal ordinance, pertaining to the ownership, possession, carrying, transfer, transportation, storage or keeping of handguns and parts, components and ammunition for handguns;

    (2) Any future act of the Legislature may not be construed to amend or supersede this section unless the act specifically and expressly amends or repeals this section;

    (3) This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights; and

    (4) This section shall be liberally construed to effectuate its purpose.

§20-2-32. Issuance of licenses; duplicate licenses; confidentiality of personally-identifying information.

    (a) The clerk of the county commission in each county and other persons designated by the director shall be are license-issuing authorities. Each A license-issuing authority shall issue a license to a license an applicant if in the opinion of the authority, the license applicant is legally entitled qualified to obtain the license, applied for makes a proper application and pays the proper fee.

    (b) The director shall furnish all materials and supplies necessary for the issuance of licenses shall be furnished by the Director to each person authorized to issue licenses.

    (c) Each license shall bear a serial number and shall be signed by the licensee. The issuing authority shall keep an accurate record, in the form and manner prescribed by the director, of all licenses issued and of all money collected as license fees collected.

    (d) Any license-issuing authority may issue a duplicate license, to replace a lost, destroyed or damaged license, upon receipt of a verified application duly executed by the original license holder licensee and the payment to the issuing authority of a duplicate license fee of $1.

    (e) (1) Except as otherwise provided in this subsection, the personally-identifying information of individuals who apply for or have been issued any license, permit or stamp to hunt, trap or fish and any records of the director or any license-issuing authority that, if disclosed, would tend to reveal such information, unless such information has been redacted, are not public records and may be copied or inspected only by:

    (A) The person to whom the record pertains;

    (B) The duly qualified conservator or guardian of the person to whom the record pertains;

    (C) The duly qualified personal representative of a deceased person to whom the record pertains or, if a personal representative has not qualified, the next of kin of a deceased person to whom the record pertains;

    (D) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the person to whom the record pertains; or

    (E) A duly authorized representative of a law-enforcement agency or license-issuing authority for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties for an official purpose; or

    (F) (i) A person authorized by an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect information protected by this subsection.

    (ii) Before any court may grant access to any records pursuant to this paragraph, the court shall order the moving party to give each affected person notice of the proceedings, the request for confidential records under this paragraph and the opportunity of affected persons to confidentially intervene and object to the request by having the director print and mail by first-class mail to each affected person, the costs for which the moving party shall prepay in full to the director, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.

    (2) This subsection does not prohibit disclosure or publication of statistical summaries, abstracts or other records containing information in an aggregate or statistical form that does not disclose any personally-identifying information protected from public disclosure under this subsection.

    (3) (A) The director shall furnish to any nonprofit firearm-related or hunting-related educational or issue-advocacy organization exempt from federal income taxation under §501(c) of the Internal Revenue Code that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, mailing addresses, telephone numbers, e-mail addresses and county of residence if a resident of this state, of all persons at least eighteen years of age who hold any license, permit or stamp under this chapter, in a commonly-used electronic database format acceptable to the requesting organization.

    (B) The director shall furnish to the state executive committee of any political party, as defined in section eight, article one, chapter three of this code, that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, birthdates, mailing addresses, telephone numbers, e-mail addresses and county of residence of all residents of this state who are at least eighteen years of age and who hold any license, permit or stamp under this chapter, in a commonly-used electronic database format acceptable to the requesting committee.

    (C) A personally-identifying information other than the information described in paragraph (A) or (B) of this subdivision, as applicable, or any information pertaining to the type of license, permit or stamp, other than whether it is a hunting only, fishing only or combined hunting and fishing license, permit or stamp, may not be disclosed pursuant to this subdivision.

    (D) The director shall create and maintain an electronic database of all information described in paragraphs (A) and (B) of this subdivision for the purpose of promptly responding to requests for such information. The director may charge any entity requesting information pursuant to paragraph (A) or (B) of this subdivision, a reasonable fee, not to exceed the actual marginal cost incurred in fulfilling the request, which may not include any portion of overhead or other fixed costs incurred in creating or maintaining the database required by this paragraph.

    (E) Before any personally-identifying information of persons who hold any license, permit or stamp under this chapter may be disclosed pursuant to this subdivision, the person obtaining the information shall complete and verify under oath a notarized request form prescribed by the director, which shall be a public record, and file the request form at the director’s office in person or by certified mail, return receipt requested. The director shall maintain a record of requests fulfilled under this subdivision for at least five years and not more than seven years. The director shall, upon request of any person who holds or has previously held any license, permit or stamp under this chapter, notify the person of all organizations to which the person’s personally-identifying information have been disclosed pursuant to this subdivision during the period for which the director maintains those records and provide a copy of all requests for disclosure made to the director pursuant to this subdivision.

§20-2-37. Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia.

    (a) Any person having in his or her possession who possesses in or near the fields or woods, or about the streams of this state, any dog, gun rifle, shotgun, fishing rod or other hunting, fishing or trapping paraphernalia, shall, upon demand of any officer authorized to enforce the provisions of this chapter:

    (1) State his or her correct name and address; and shall

    (2) Exhibit for inspection:

    (a) (A) All applicable licenses and documents set forth specified in subsection (a), section thirty-six of this article; and

    (b) (B) All firearms and wildlife which and rifles or shotguns he or she may have in his or her possession possesses.

    Nothing in (b) This section may be construed as authorizing does not authorize searches or seizures that violate article three, section six of the West Virginia Constitution or the Fourth Amendment to the Constitution of the United States nor and may anything in this section not be construed as effecting a waiver of these Constitutional provisions.

§20-2-42l. Class A-l handgun hunting stamp.

    Notwithstanding the provisions of section two, article seven, chapter sixty-one of this code,

    (a) A Class A-l stamp is a small arms handgun hunting stamp. To be eligible to get a Class A-l stamp, a person must be legally able to possess a firearm. If a person is otherwise qualified, The director may issue a Class A-l stamp may be issued to a any person who is at least 21 years of age, or older who holds a valid resident or nonresident hunting license or to a person who is a resident sixty-five years of age or older, but a Class A-l stamp shall never be issued to a person who has been convicted of a misdemeanor associated with the use of firearms or dangerous weapons or who has been convicted of a felony exempt from the requirement of obtaining a hunting license and is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting handguns. The director may issue a lifetime Class A-1 stamp to any person qualified to obtain a Class A-1 stamp who holds a valid Class A-L or AB-L license or is a resident sixty-five years of age or older exempt from the requirement of obtaining a hunting license.

    (b) A holder of a Class A-1 stamp shall purchase the appropriate base license before participating in the activities specified in this section, except as noted. A Class A-l stamp entitles the licensee to hunt, as otherwise permitted by the provisions of this chapter, but only during small game and big game seasons as established annually by the Director, holder of the stamp to hunt as otherwise permitted by this chapter during the small game and big game hunting seasons established by the director with either a revolver or pistol which handgun that has a barrel at least four inches in length. Unless otherwise permitted by the Code of West Virginia, a Class A-1 stamp entitles the licensee to carry or have in his or her possession only one revolver or pistol when going to and from his or her home or residence and a place of hunting and while hunting: Provided, That the Class A-l stamp may not be valid unless the licensee has in his or her possession a valid resident or nonresident hunting license or is a resident sixty-five years of age or older. Provided, however, That at all times, when not actually hunting, the revolver or pistol shall be unloaded. While hunting, the licensee shall carry the revolver or pistol in an unconcealed and easily visible place. The fee for the stamp is eight dollars. A lifetime Class A-1 stamp may be issued to anyone otherwise qualified and holding a valid Class A-L or AB-L license or to a resident sixty-five years of age or older The lifetime Class A-1 stamp will be issued in a form prescribed by the Director.

    (c) The fee for a Class A-1 stamp is $8. The fee for a lifetime Class A-I stamp is $75. All fees collected for the issuance of the Class A-l and lifetime Class A-l stamps shall be deposited in the State Treasury and credited to the law-enforcement section of the Division of Natural Resources. The fees collected shall be paid out of the State Treasury on order of the Director and used solely for law-enforcement purposes.

    (d) Before the director may issue, renew or reinstate any Class A-1 stamp, the law-enforcement section of the Division of Natural Resources shall conduct an investigation to determine whether the applicant is prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying Class A-1 stamps as an alternative to the National Instant Criminal Background Check System or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the National Instant Criminal Background Check System and, if the applicant is an alien, a federal Immigration Alien Query. The director shall not issue a Class A-l stamp to any person who is prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms.

    (e) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to permit a holder of a lifetime Class A-1 stamp to periodically apply for a reissued stamp to permit the holder of the stamp to receive the benefit of an exemption under 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law, from a background check through the National Instant Criminal Background Check System to purchase or receive a firearm from a licensed firearm dealer in this state.

    (f) The director shall revoke any Class A-1 stamp or lifetime Class A-1 stamp issued to a person convicted of a misdemeanor associated with the use of firearms or dangerous weapons or convicted of a felony, or any person who becomes legally unable to possess a firearm prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms. The director shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked stamp to the director if served in person with the notice or within five business days if served by certified mail.

    (g) A holder of a Class A-1 stamp or lifetime Class A-1 stamp who becomes ineligible to continue holding the stamp shall immediately surrender the stamp to the Division of Natural Resources regardless of whether the director discovers the disqualification and initiates revocation proceedings under subsection (f) of this section. A holder of a Class A-l or lifetime Class A-l stamp is required to purchase the appropriate base license before participating in the activities specified in this section, except as noted.

    (h) Any person who knowingly and willfully fails to surrender a revoked Class A-1 stamp or lifetime Class A-1 stamp, as required by subsection (f) of this section, or knowingly and willfully fails to surrender a Class A-1 stamp or lifetime Class A-1 stamp the person has become ineligible to continue holding, as required by subsection (g) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

    (i) The director shall reinstate Class A-1 stamp or lifetime Class A-1 stamp that was revoked pursuant to subsection (f) of this section or surrendered pursuant to subsection (g) of this section if the person to whom the revoked or surrendered stamp was issued subsequently ceases to be prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms.

§20-2-42p. Class RG resident and Class RRG nonresident gun firearm deer hunting stamp for an additional deer.

    (a) The director has the authority to may issue a Class RG resident and a Class RRG nonresident gun firearm deer hunting stamp stamps when deemed the director considers the taking of additional deer essential for the proper management of the wildlife resources. These

    (b) Class RG and Class RRG stamps allow authorize the licensee holders of those stamps to hunt and take an additional deer as designated by the director. A holder of a Class RG or Class RRG stamp shall purchase the appropriate base license before participating in the activities specified in this section, except as noted.

    (c) The fee for a Class RG stamp is $20. and The fee for a Class RRG stamp is $40.

    (d) Before the director may issue, renew or reinstate any Class RG or RRG stamp, the law-enforcement section of the Division of Natural Resources shall conduct an investigation to determine whether the applicant is prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying Class RG and RRG stamps as an alternative to the National Instant Criminal Background Check System or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the National Instant Criminal Background Check System and, if the applicant is an alien, a federal Immigration Alien Query. The director may not issue a Class RG or Class RRG stamp to any person who is prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms.

    (e) The director shall revoke any Class RG or Class RRG stamp issued to a person who becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms. The director shall immediately notify the person of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked stamp to the director if served in person with the notice or within five business days if served by certified mail.

    (f) A holder of a Class RG or Class RRG stamp who becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms, shall immediately surrender the stamp to the Division of Natural Resources regardless of whether the director discovers the disqualification and initiates revocation proceedings under subsection (e) of this section.

    (g) Any person who knowingly and willfully fails to surrender a revoked Class RG or Class RRG stamp, as required by subsection (e) of this section, or knowingly and willfully fails to surrender a Class RG or Class RRG stamp the person has become ineligible to continue holding, as required by subsection (f) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

    (h) The director shall reinstate Class RG or Class RRG stamp that was revoked pursuant to subsection (e) of this section or surrendered pursuant to subsection (f) of this section if the person to whom the revoked or surrendered stamp was issued subsequently ceases to be prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms.

    (i) The director may promulgate propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code governing the issuance, and use and revocation of these Class RG and a Class RRG stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.

§20-2-46e. Class Q special hunting permit for disabled persons.

    (a) A Class Q permit is a special statewide hunting permit entitling authorizing the permittee to hunt all legal species of game during the designated hunting seasons from a motor vehicle in accordance with the provisions of subsection (d) of this section.

    (b) A permit form shall be furnished by The director shall furnish a permit form to an applicant who: meets the following requirements

    (1) He or she Is permanently disabled in the lower extremities; and

    (2) He or she Holds a valid resident or nonresident statewide hunting license a senior citizens license or is otherwise exempt from the license requirement.

    (c) Before the director may issue a Class Q permit, a licensed physician must shall certify the applicant’s permanent disability by completing the permit form. When completed, the permit form constitutes a Class Q permit. The Class Q permit and a completed license application shall be submitted to the division, which will shall issue a wallet sized card to the permittee a permit card not larger than a driver’s license and in a form suitable for carrying in a wallet, similar to a driver’s license. The card and all other documents and identification required to be carried by this article shall be in the permittee’s possession when hunting.

    (d) A Class Q permit entitles the holder to permittee may hunt from a motor vehicle and notwithstanding the provisions of subdivision (9), section five of this article to possess a loaded firearm or, if the Class Q permittee possesses a Class Y permit, a crossbow with a nocked bolt, in and discharge it from a motor vehicle but only under the following circumstances if:

    (1) The motor vehicle is stationary;

    (2) The engine of the motor vehicle is not operating;

    (3) The permittee and one individual, who is at least sixteen years of age, to assist the permittee, are the only occupants of the motor vehicle;

    (4) The individual assisting the permittee may does not hunt with a firearm, bow or cross-bow crossbow while assisting the permittee;

    (5) The motor vehicle is not parked on the right-of-way of any public road or highway; and

    (6) The permittee observes complies with all other pertinent applicable laws and regulations rules.

    (e) The director may propose legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth specifying the qualifications of applicants and the permitting process.

§20-2-58. Shooting across road or near building or crowd; exceptions.

    It shall be unlawful for any person to shoot or (a) Except as otherwise provided by subsections (b) and (c) of this section, a person may not knowingly and willfully discharge any firearms firearm:

    (1) Across or in from within any public road street or highway in this state, at any time; or

    (2) Within four hundred feet of any schoolhouse or church; or

    (3) Within five hundred feet of any dwelling house other than a dwelling house owned, leased or lawfully occupied or possessed by the person who discharges the firearm, unless:

    (A) The owners or lessees of all dwelling houses within five hundred feet of the place where the person discharges the firearm have given prior consent to the discharge in writing; and

    (B) The person discharging the firearm does not knowingly violate any condition of consent specified in any written grant of consent pursuant to paragraph (A) of this subdivision; or on or near

    (4) Within any state, county, municipal or other public park or other place where persons gather for purposes of pleasure, except in an established firearm shooting range.

    and any person violating this section is guilty of a misdemeanor: Provided, That

    (b) Subsection (a) of this section does not apply to the discharge of a firearm under circumstances in which the use of deadly force is justified or excused under the laws of this state to defend persons or property.

    (c) Notwithstanding subsection (a) of this section, 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 subsection (a) of 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 propose rules as may be necessary to carry out the purposes of for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the exemption under this section and section twelve, article seven, chapter sixty-one and subsection. These rules shall ensure that any person residing in any dwelling home house within five hundred feet of such the gun repair shop be is given an opportunity to protest the granting of such exemption before the director decides whether to grant the exemption.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-9. Violations of chapter generally; penalties.

    (a) Any person violating who knowingly violates any of the provisions provision of this chapter or rules promulgated under the provisions of this chapter, the punishment for which another punishment is not prescribed in this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $20 nor more than $300, or confined in jail for not less than ten or days nor more than one hundred days, or be both, fined and confined imprisoned within the limitations aforesaid and, in the case of a violation by a corporation, every officer or agent thereof directing of the corporation who directs or engaging engages in such the violation shall be is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties and punishment as herein provided Provided, That in this subsection for a violation committed by a natural person.

    (b) Any person violating who knowingly violates subdivision (3), subsection (a), section five, article two of this chapter shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 and shall be imprisoned confined in jail for not less than ten days nor more than one hundred days. Provided, however, That

    (c) Any person who knowingly hunts any wild animal or wild bird after the hour of five o’clock antemeridian on Sunday, in violation of subdivision (26), (27), (28) or (29), subsection (a), section five, article two of this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $400, confined in jail for not less than ten days nor more than one hundred days, or both fined and confined.

    (d) Any person who knowingly uses dynamite or any like explosive or poisonous mixture placed in any waters of the state to fish, in violation of subdivision (17), subsection (a), section five, article two of this chapter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $500, imprisoned in a state correctional facility not less than six months nor more than three years, or both fined and imprisoned.

    (e) Any person who is in violation of violates section twenty-seven, article two of this chapter as a result of their failure by failing to have a valid Class E nonresident hunting and trapping license, as defined by section forty-two-d, article two of this chapter, or a valid Class EE nonresident bear hunting license, as defined by section forty-two-e, article two of this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $500, or confined in jail for not less than ten days nor more than one hundred days, or both fined and confined. imprisoned: Provided further, That

    (f) Any person who is in violation of violates section twenty-seven, article two of this chapter as a result of their failure by failing to have a Class F nonresident fishing license, as defined by section forty-two-f, article two of this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $300, or confined in jail for not less than ten days nor more than one hundred days, or both fined and confined. fined and imprisoned: And provided further, That

    (g) Any person who violates subsection (a), section two-a, article two of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, confined in jail for not less than ten days nor more than six months, or both fined and confined; but upon conviction of an offense occurring subsequent to a conviction for a previous offense and within five years of the date on which the previous offense was committed, shall be fined not more than $2,500, confined in jail for not more than one year, or both fined and confined. The director shall revoke any hunting or fishing license issued to a person convicted of violating subsection (a), section two-a, article two of this chapter.

    (h) Any person violating who violates any parking or speeding regulations as promulgated by the director on any state parks, state forests, public hunting and fishing areas and all other lands and waters owned, leased or under the control of the Division of Natural Resources shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2 nor more than $100, or imprisoned confined in jail for not more than ten days, or both fined and confined. imprisoned

§20-7-11. Motorboats and other terms defined Definitions.

    As used In this section and subsequent the succeeding sections of this article: unless the context clearly requires a different meaning

    (1) “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; “Commissioner” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    (2) “Motorboat” means any vessel propelled by an electrical, steam, gas, diesel or other fuel propelled or driven motor, whether or not the motor is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto;

    (3) “Owner” means a any person, other than a lienholder, having the property in or title to a motorboat The term and includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

    (4) “Commissioner” means the commissioner of the Division of Motor Vehicles;

    (5) “Director” means the director of the Division of Natural Resources; and

    (6) “Personal watercraft” means a small vessel of less than sixteen feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. For purposes of this article, the term “personal watercraft” also includes “specialty prop-crafts” which are vessels similar in appearance and operation to a personal watercraft but which are powered by an outboard motor or propeller driven motor.

CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.

ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.

§24A-7-6. Duty of prosecuting attorneys and law-enforcement officers to enforce chapter; regulatory authority of commission; qualifications of commission employees designated as motor carrier inspectors.

    It shall be the duty of the West Virginia State Police and the sheriffs of the counties in West Virginia to

    (a) Law-enforcement officers, as defined in section one, article twenty-nine, chapter thirty of this code, shall make arrests or issue citations for and the duty of the prosecuting attorneys of the several counties to shall prosecute all violations of this chapter and of other chapters governing the regulatory authority of the commission.

    (b) The commission employees designated as motor carrier inspectors shall have the same authority as law-enforcement officers, as defined in section one, article twenty-nine, chapter thirty of this code, to enforce the provisions of this chapter and the provisions of other chapters of this code governing the regulatory authority of the commission as such those provisions apply to entities and persons regulated by the commission in any county or city municipality of this state.

    Notwithstanding any provision of this code to the contrary, such

    (c) Motor carrier inspectors designated pursuant to subsection (b) of this section may carry handguns concealed weapons without a license in the course of their official duties after meeting specialized qualifications established by the Governor’s Committee on Crime, Delinquency and Correction, which qualifications shall include the successful completion of handgun training, including a minimum of four hours training in handgun safety, paid for by the commission and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police. Provided, That

    (d) Nothing in this section shall may be construed to include motor carrier inspectors within the meaning of law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.

CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-11c. Hiring of other assistants and employees; duties of correctional employees; right to carry weapons; powers of correctional peace officers.

    (a) The warden or administrator of the correctional institutions or units shall, in the manner provided in section eleven of this article, hire all assistants and employees required for the management of the correctional institutions or units, including a sufficient number of correctional employees to preserve order and enforce discipline among the inmates, to prevent escapes and to remove all persons convicted and sentenced to the custody of the Division of Corrections, from the place confined to a correctional institution, all of whom shall be under the control of the warden.

    (b) The commissioner may issue a certificate authorizing any correctional employee who has successfully completed the division’s training program for firearms certification, which shall be the equivalent of that required of deputy sheriffs, to carry firearms and concealed weapons without a license while on duty. Any correctional employee authorized by the commissioner has the right, without a state license, to may carry firearms and concealed weapons without a license while on duty. Each correctional employee, authorized by the commissioner, shall carry with him or her a certificate, authorizing him or her to carry a firearm or concealed weapon weapons without a license when performing his or her official duties as a correctional employee, bearing the official signature of the commissioner and warden or administrator. The right privilege conferred by this subsection is extended to a correctional employee during the time the employee travels from place to place within the state for the purpose of removing prisoners from jails to a correctional institution of the Division of Corrections, and during the time the employee is pursuing and apprehending escaped inmates, and during any other time the employee is performing official duties as a correctional employee. No correctional employee shall have the right to carry a firearm or concealed weapon The privilege conferred by this subsection does not apply for any other purpose or during any other time, including when traveling to and from commuting between the employee’s residence and a correctional institution. unless the employee has obtained a state license in the manner prescribed in article seven, chapter sixty-one of this code

    (b) (c) The Commissioner of Corrections may designate correctional employees as correctional peace officers. who have the following powers Correctional peace officers designated pursuant to this subsection may:

    (1) To Enforce rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the Division of Corrections;

    (1) (2) To detain Arrest persons for violations of state law committed on the property of any state correctional institution;

    (2) (3) To Conduct investigations regarding criminal activity occurring within a correctional facility, pursue and apprehend escapees from the custody of the commissioner or any state correctional institution; and

    (4) To Execute criminal process or other process in furtherance of these duties on persons in the custody of the commissioner, or who surrender themselves at any state correctional institution.

CHAPTER 27. MENTALLY ILL PERSONS.

    ARTICLE 3. CONFIDENTIALITY.

§27-3-1. Definition of confidential information; disclosure.

    (a) (1) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such

    (2) Confidential information includes:

    (A) The fact that a person is or has been a client or patient;

    (B) Information transmitted by a patient or client or family thereof of a patient or client, for purposes relating to diagnosis or treatment;

    (C) Information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment;

    (D) All diagnoses or opinions formed regarding a client’s or patient’s the physical, mental or emotional condition of any patient or client;

    (E) Any advice, instructions or prescriptions issued in the course of diagnosis or treatment; and

    (F) Any record or characterization of the matters hereinbefore described in paragraphs (A) through (E) of this subdivision. It

    (3) Confidential information does not include:

    (A) Information which that does not identify a client or patient;

    (B) Information from which a person acquainted with a client or patient would not recognize such the client or patient; and or

    (C) Uncoded information from which there is no possible means to identify a client or patient.

    (b) Confidential information shall not be disclosed, except:

    (1) In a proceeding under section four, article five of this chapter to disclose the results of an involuntary examination made pursuant to section two, three or four, of said article five of this chapter;

    (2) In a proceeding under article six-a of this chapter to disclose the results of an involuntary examination made pursuant thereto to article six-a of this chapter;

    (3) Pursuant to an order of any court based upon a finding of the court that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;

    (4) To provide notice to the federal National Instant Criminal Background Check System established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, Public Law 103-159, §103, 107 Stat. 1536 (1993), reprinted in 18 U.S.C. §922 notes, or the central state mental health registry established pursuant to article seven-a, chapter sixty-one of this code, on individuals prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing firearms, in accordance with the provisions of article seven-a, chapter sixty-one of this code;

    (5) To conduct mental health background checks on an applicant for or current holder of a federal firearm license or any license or permit issued in this or any other state that authorizes the licensee or permittee to receive, purchase, possess, carry or transport a firearm or concealed weapon;

    (5)(6) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another;

    (6) (7) For treatment or internal review purposes, to staff of the mental health facility where the patient is being cared for or to other health professionals involved in treatment of the patient; and or

    (7) (8) Without the patient’s consent as provided for under the Privacy Rule of the federal Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. §164.506, for thirty days from the date of admission to a mental health facility, if:

    (i) (A) The provider makes a good faith effort to obtain consent from the patient or the patient’s legal representative prior to disclosure;

    (ii) (B) The minimum information necessary is released for a specifically stated purpose; and

    (iii) (C) Prompt notice of the disclosure, the recipient of the information and the purpose of the disclosure is given to the patient or the patient’s legal representative.

ARTICLE 5. INVOLUNTARY HOSPITALIZATION.

§27-5-6. Determination of eligibility to lawfully possess firearms in certain proceedings.

    (a) The court or mental hygiene commissioner shall, upon issuing any order described in subsection (b) of this section, enter findings of fact and conclusions of law as to whether the order causes the person named in the order to become prohibited from possessing firearms or ammunition by 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code. Before the court or mental hygiene commissioner issues its findings of fact and conclusions of law under this section, it shall permit the parties to the proceeding to present evidence, arguments and proposed findings of fact and conclusions of law and may hold a separate hearing on the issue.

    (b) This section applies to:

    (1) A final commitment order entered pursuant to section four of this article;

    (2) An order of incompetence to stand trial entered pursuant to section three, article six-a of this chapter;

    (3) Acquittal in a criminal case by reason of mental illness as provided in section four, article six-a of this chapter;

    (4) Adjudication as a mentally incompetent ward subject to article fifteen, chapter forty-four of this code;

    (5) A final order of guardianship or conservatorship entered by a circuit court pursuant to section thirteen, article two, chapter forty-four-a of this code; or

    (6) Any determination that a person, as a result of an intellectual disability or mental illness, incompetency, condition or disease:

    (A) Is a danger to himself or to others; or

    (B) Lacks the mental capacity to contract or manage his or her own affairs.

    (c) If the court or mental hygiene commissioner finds that the order described in subsection (b) of this section causes the person named in the order to become prohibited from possessing firearms or ammunition by 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code, the court or mental hygiene commissioner shall:

    (1) Enter an order containing its findings of fact and conclusions of law;

    (2) Notify the person orally and in writing that, as a result of the order, the person has become prohibited from possessing firearms and ammunition by 18 U.S.C. §922(g)(4), subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code or a combination thereof;

    (3) Notify the person orally and in writing that if he or she has a license to carry concealed weapons, the onset of firearm disabilities under federal or state law requires the person to immediately surrender the license to the issuing agency;

    (4) Query the State Police concealed weapons license database maintained pursuant to subdivision (2), subsection (l), section four, article seven, chapter sixty-one of this code to determine whether the person is licensed in this state to carry concealed weapons and, if so, order the clerk of the court to notify the sheriff of the order and the licensee’s probable disqualification from continued licensure immediately in electronic form and in writing within five business days on a form prescribed by the Attorney General;

    (5) Determine the appropriate public or private individual or entity to act as conservator for the person’s firearms and ammunition; and

    (6) Order the person to immediately surrender to the conservator designated pursuant to subdivision (5) of this subsection, all firearms and ammunition the person owns or possesses.

    (d) The clerk of the court shall forward a certified copy of any order finding a person to be prohibited from possessing firearms or ammunition by 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code, to the Superintendent of the State Police as required by article seven-a, chapter sixty-one of this code.

    (e) In this section, the terms “firearm” and “ammunition” have the same meanings as in section two, article seven, chapter sixty-one of this code.

    (f) The Legislature declares that the purpose of this section is to provide an efficient and uniform mechanism for providing individuals subject to the proceedings described in subsection (b) of this section a fair and adequate notice of the likely implications of the proceedings on the person’s eligibility to lawfully possess firearms. A determination by any judge or mental hygiene commissioner under this section that a person is prohibited from possessing firearms and ammunition by 18 U.S.C. §922(g)(4), subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code, or a combination thereof, may not be used in any subsequent legal proceeding in which the person’s eligibility to lawfully possess firearms under 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code, is at issue, to preclude any legitimate argument that the findings of fact and conclusions of law were incorrect and that the named person is not prohibited by applicable federal or state law from possessing firearms.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-11. Certification of law-enforcement officers to carry concealed firearms under federal Law-Enforcement Officers Safety Act of 2004.

    (a) Every qualified law-enforcement officer employed by a West Virginia law-enforcement agency shall receive the qualification and certification required to be considered a qualified law-enforcement officer under 18 U.S.C. §926B to carry a concealed firearm nationwide as provided therein. Each law-enforcement official shall provide to each qualified law-enforcement officer under his or her command the identification prescribed therein. A West Virginia law-enforcement agency shall not charge any officer any fees or costs for issuing the certification. This subsection shall not be construed to require nor prohibit a law-enforcement agency from permitting, requiring or prohibiting a law-enforcement officer to carry his or her agency-owned service weapon off-duty.

    (b) (1) Every West Virginia law-enforcement agency shall, at least once annually, notify each honorably retired law-enforcement officer who retired from that agency of the provisions of 18 U.S.C. §926C that permit a qualified retired law-enforcement officer to carry a concealed firearm nationwide. Each agency shall permit a retired offer who meets the eligibility requirements of said law to receive the qualification and certification required for the retired officer to qualify as a qualified retired law-enforcement officer as provided in 18 U.S.C. §926C. Each qualifying retired officer shall be offered the required periodic recertification as provided in 18 U.S.C. §926C, which shall reasonably accommodate any physical disability of the retired officer.

    (2) Each retired officer who qualifies under this subsection shall be issued a photo identification that shall be no larger than three and three-eighths inches wide by two and one-eighth inches long, shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver’s license, and shall contain the qualified retired law-enforcement officer’s name, address, signature and full-face color photograph, the signature of the chief law-enforcement official of the issuing agency or a facsimile thereof affixed by any person authorized to act on the chief law-enforcement official’s behalf pursuant to section five, article two, chapter two of this code, the dates of issue and expiration, the words “Qualified Retired Law-Enforcement Officer under 18 U.S.C. §926C” in conspicuous type and such other information as the chief law-enforcement official of the issuing agency determines appropriate.

    (3) Before issuing, renewing or reinstating any certification as a qualified retired law-enforcement officer under this subsection, the certifying agency shall conduct an investigation which shall verify that the retired officer is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. This investigation shall conform to the requirements of 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) or other applicable federal law for qualifying certifications issued under this subsection as an alternative to the National Instant Criminal Background Check System or other similar required background check for a resident of this state to purchase a firearm through a licensed firearms dealer within this state, including a background check conducted through the National Instant Criminal Background Check System and, if the retired officer is not a citizen of the United States, a federal Immigration Alien Query.

    (4) A West Virginia law-enforcement agency may not charge its retired officers a fee for periodic qualification and certification under this subsection. However, the person who wishes to qualify shall provide, at his or her own expense, a suitable firearm and any ammunition actually expended in the qualification.

    (5) The law-enforcement official who issued a certification under this subsection shall revoke any certification under this subsection if the retired officer to whom the certification was issued becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place. The issuing law-enforcement official shall immediately notify the retired officer of the revocation in writing, delivered either by personal service or certified mail, return receipt requested. The person shall immediately surrender the revoked certification to the issuing law-enforcement official if served in person with the notice or within five business days if served by certified mail.

    (6) Any person who has been issued a certification under this subsection and becomes ineligible to continue holding the certification shall immediately surrender the certification to the issuing law-enforcement official regardless of whether the issuing law-enforcement official discovers the disqualification and initiates revocation proceedings under subdivision (5) of this subsection.

    (7) Any person who knowingly and willfully fails to surrender a revoked certification, as required by subdivision (5) of this subsection or knowingly and willfully fails to surrender a certification the person has become ineligible to continue holding, as required by subdivision (6) of this subsection, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined.

    (8) The issuing law-enforcement official shall reinstate a certification under this subsection that was revoked pursuant to subdivision (5) of this subsection or surrendered pursuant to subdivision (6) of this subsection if the person to whom the revoked or surrendered certification was issued subsequently ceases to be prohibited by federal law or section seven, article seven, chapter sixty-one of this code, from possessing or transporting firearms or carrying a concealed weapon in a public place and fulfills all other requirements to receive the certification under this subsection.

    (c)(1) Notwithstanding any provision of this code or other law of this state to the contrary, except as otherwise provided in this subsection, the names, addresses and other personally-identifying information of qualified retired law-enforcement officers who apply for or have been issued a certificate of qualification under this section or otherwise participates in a program under this section, shall be confidential, are not public records and may be copied or inspected only by:

    (A) The qualified retired law-enforcement officer to whom the record pertains;

    (B) The duly qualified conservator or guardian of the qualified retired law-enforcement officer to whom the record pertains;

    (C) The duly qualified personal representative of a deceased person to whom the record pertains or, if a personal representative has not qualified, the next of kin of the deceased person to whom the record pertains;

    (D) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the qualified retired law-enforcement officer to whom the record pertains; or

    (E) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties;

    (F) By any licensed firearm dealer within this state from which a qualified retired law-enforcement officer proposes purchasing a firearm, for the purpose of verifying the validity of the certificate; or

    (G) (i) A person authorized by an order of any court, based upon a finding of the court that the information is sufficiently necessary to a proceeding before the court to substantially outweigh the importance of maintaining the confidentiality established by this subsection, to copy or inspect information protected by this subsection.

    (ii) Before any court may grant access to any records pursuant to this paragraph, the court shall order the moving party to give each affected person notice of the proceedings, the request for confidential records under this paragraph and the opportunity of affected persons to confidentially intervene and object to the request by directing the applicable law-enforcement official to print and mail by first-class mail to each affected person, the costs for which the moving party shall prepay in full to the law-enforcement official, and perform this notification in a manner not inconsistent with the confidentiality provisions of this subsection.

    (2) Any person who knowingly misrepresents his or her identity to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly and willfully misrepresents his or her authority to obtain any information whose disclosure is restricted by subdivision (1) of this subsection, knowingly makes a false statement to obtain any information whose disclosure is restricted by subdivision (1) of this subsection or knowingly and willfully discloses any information whose disclosure is restricted by subdivision (1) of this subsection in violation of subdivision (1) of this subsection, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than ten years, fined not more than $10,000, or both fined and imprisoned.

    (3) This subsection does not prohibit disclosure or publication of statistical summaries, abstracts or other records containing information in an aggregate or statistical form that does not disclose any personally-identifying information protected from public disclosure under this subsection.

    (4) (A) The custodian of records shall furnish to any nonprofit firearm-related or hunting-related educational or issue-advocacy organization exempt from federal income taxation under §501(c) of the Internal Revenue Code that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, mailing addresses, telephone numbers, e-mail addresses and county of residence if a resident of this state, of all qualified retired law-enforcement officers who apply for or have been issued a certificate of qualification under this section, in a commonly-used electronic database format acceptable to the requesting organization.

    (B) The custodian of records shall furnish to the state executive committee of any political party, as defined in section eight, article one, chapter three of this code, that has not obtained records pursuant to this subdivision within the immediate preceding six months, a current list of the names, birthdates, mailing addresses, telephone numbers, e-mail addresses and county of residence of all qualified retired law-enforcement officers who reside in this state and have applied for or been issued a certificate of qualification under this section, in a commonly-used electronic database format acceptable to the requesting committee.

    (C) A personally-identifying information other than the information described in paragraph (A) or (B) of this subdivision, as applicable, may not be disclosed pursuant to this subdivision.

    (D) Each custodian of records under this section shall create and maintain an electronic database of all information described in paragraphs (A) and (B) of this subdivision for the purpose of promptly responding to requests for such information. A custodian of records may charge any entity requesting information pursuant to paragraph (A) or (B) of this subdivision, a reasonable fee, not to exceed the actual marginal cost incurred in fulfilling the request, which may not include any portion of overhead or other fixed costs incurred in creating or maintaining the database required by this paragraph.

    (E) Before any personally-identifying information of any qualified retired law-enforcement officers who apply for or have been issued a certificate of qualification under this section, may disclose pursuant to this subdivision, the person obtaining the information shall complete and verify under oath a notarized request form prescribed by the Attorney General, which shall be a public record, and file the request form at the office of the custodian of records in person or by certified mail, return receipt requested. The custodian of records shall maintain a record of requests fulfilled under this subdivision for at least five years and not more than seven years. The custodian of records shall, upon request of any qualified retired law-enforcement officer who has applied for or been issued a certificate of qualification under this section, notify the qualified retired law-enforcement officer of all organizations to which the person’s personally-identifying information has been disclosed pursuant to this subdivision during the period for which the custodian of records maintains those records and provide a copy of all requests for disclosure made to the custodian of records pursuant to this subdivision.

    (d) A certification as a qualified law-enforcement officer or qualified retired law-enforcement officer under this section is cumulative and supplemental to any license to carry concealed weapons under section four, article seven, chapter sixty-one of this code or authorization under federal law or the laws of this state to carry a concealed weapon without a license. This section is supplemental and additional to existing rights to bear arms, and nothing in this section may be construed to impair or diminish those rights.

CHAPTER 32. UNIFORM SECURITIES ACT.

ARTICLE 4. GENERAL PROVISIONS.

§32-4-407. Sworn investigator, investigations and subpoenas.

    (a) Sworn Investigators. --

    (1) The commissioner may appoint special investigators to aid in investigations conducted pursuant to chapter thirty-two, thirty-two-a or thirty-two-b of this code.

    (2) The commissioner, deputy commissioners and each investigator, prior to entering upon the discharge of his or her duties, shall take an oath before any justice of the West Virginia Supreme Court of Appeals, circuit judge or magistrate which is to be in the following form:

    State of West Virginia

    County of ..........................., to wit: I, ..............., do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of West Virginia, and I will honestly and faithfully perform the duties imposed upon me under the provisions of law as a member of the securities commission of West Virginia to the best of my skill and judgment.

 (Signed)......................................................

    Taken, subscribed and sworn to before me, this ....... day of ........................ 2 ........

    (3) The oaths of the commissioner, deputy commissioner or commissioners and investigators of the West Virginia Securities Commission are to be filed and preserved in the office of the State Auditor.

    (b) Investigations and subpoenas. --

    (1) The commissioner in his or her discretion: (A) May make such public or private investigations within or outside of this state as he or she considers necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; (B) may require or permit any person to file a statement in writing, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and (C) may publish information concerning any violation of this chapter or any rule or order hereunder.

    (2) For the purpose of any investigation or proceeding under this chapter, the commissioner, deputy commissioner or commissioners, if any, and special investigators appointed pursuant to this section may administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, take and store evidence in compliance with the policies and procedures of the West Virginia State Police and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the commissioner finds relevant or material to the inquiry.

    (3) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court of Kanawha County, upon application by the commissioner, may issue to the person an order requiring him or her to appear before the commissioner, or the officer designated by him or her, to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.

    (4) No person is excused from attending and testifying or from producing any document or record before the commissioner, or in obedience to the subpoena of the commissioner or any officer designated by him or her, or in any proceeding instituted by the commissioner on the ground that the testimony or evidence (documentary or otherwise) required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she is compelled, after claiming his or her privilege against self-incrimination to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

    (5) Civil and criminal investigations undertaken by the West Virginia Securities Commission are not subject to the requirements of article nine-a, chapter six of this code and chapter twenty-nine-b of this code.

    (6) Nothing in this chapter may be construed to authorize the commissioner, a deputy commissioner, a special investigator appointed pursuant to this section or any other employee of the State Auditor, to carry or use a hand gun or other firearm in the discharge of his or her duties under this article concealed weapon without a license.

    (7) Nothing in this chapter limits may be construed to limit the power of the state to punish any person for any conduct which constitutes a crime.

CHAPTER 33. INSURANCE.

ARTICLE 41. PRIVILEGES AND IMMUNITY.

§33-41-8. Creation of insurance fraud unit; purpose; duties; personnel qualifications.

    (a) There is established the West Virginia Insurance Fraud Unit within the office of the Insurance Commissioner of West Virginia. The commissioner may employ full-time supervisory, legal and investigative personnel for the unit, who shall be qualified by training and experience in the areas of detection, investigation or prosecution of fraud within and against the insurance industry to perform the duties of their positions. The Director of the Fraud Unit is a full-time position and shall be appointed by the commissioner and serve at his or her will and pleasure. The commissioner shall provide office space, equipment, supplies, clerical and other staff that is necessary for the unit to carry out its duties and responsibilities under this article.

    (b) The Fraud Unit may in its discretion:

    (1) Initiate inquiries and conduct investigations when the unit has cause to believe violations of any of the following provisions of this code relating to the business of insurance have been or are being committed: Chapter twenty-three; chapter thirty-three; article three of chapter sixty-one; and section five, article four of chapter sixty-one.

    (2) Review reports or complaints of alleged fraud related to the business of insurance activities from federal, state and local law-enforcement and regulatory agencies, persons engaged in the business of insurance and the general public to determine whether the reports require further investigation; and

    (3) Conduct independent examinations of alleged fraudulent activity related to the business of insurance and undertake independent studies to determine the extent of fraudulent insurance acts.

    (c) The insurance fraud unit may:

    (1) Employ and train personnel to achieve the purposes of this article and to employ legal counsel, investigators, auditors and clerical support personnel and other personnel as the commissioner determines necessary from time to time to accomplish the purposes of this article;

    (2) Inspect, copy or collect records and evidence;

    (3) Serve subpoenas issued by grand juries and trial courts in criminal matters;

    (4) Share records and evidence with federal, state or local law-enforcement or regulatory agencies, and enter into interagency agreements. For purposes of carrying out investigations under this article, the unit shall be deemed a criminal justice agency under all federal and state laws and regulations and as such shall have access to any information that is available to other criminal justice agencies concerning violations of the insurance laws of West Virginia or related criminal laws;

    (5) Make criminal referrals to the county prosecutors;

    (6) Conduct investigations outside this state. If the information the insurance fraud unit seeks to obtain is located outside this state, the person from whom the information is sought may make the information available to the insurance fraud unit to examine at the place where the information is located. The insurance fraud unit may designate representatives, including officials of the state in which the matter is located, to inspect the information on behalf of the insurance fraud unit, and the insurance fraud unit may respond to similar requests from officials of other states;

    (7) The insurance fraud unit may initiate investigations and participate in the development of, and if necessary, the prosecution of any health care provider, including a provider of rehabilitation services, suspected of fraudulent activity related to the business of insurance;

    (8) Specific personnel, designated by the commissioner, shall be permitted to operate vehicles owned or leased for the state displaying Class A registration plates;

    (9) Notwithstanding any provision of this code to the contrary, Specific personnel designated by the commissioner may carry firearms concealed weapons without a license in the course of their official duties after meeting specialized qualifications established by the Governor’s Committee on Crime, Delinquency and Correction, which shall include the successful completion of handgun training provided to law-enforcement officers by the West Virginia State Police. Provided, That However, nothing in this subsection shall may be construed to include any person designated by the commissioner as within the definition of a law-enforcement officer as that term is defined by the provisions of in section one, article twenty-nine, chapter thirty of this code; and

    (10) The insurance fraud unit shall not be subject to the provisions of article nine-a, chapter six of this code and the investigations conducted by the insurance fraud unit and the materials placed in the files of the unit as a result of any such investigation are exempt from public disclosure under the provisions of chapter twenty-nine-b of this code.

    (d) The insurance fraud unit shall perform other duties as may be assigned to it by the commissioner.

CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP

AND CONSERVATORSHIP ACT.

    ARTICLE 2. PROCEDURE FOR APPOINTMENT.

§44A-2-6. Notice of hearing.

    (a) Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour and location for a hearing to take place within sixty days.

    (b) The alleged protected person petitioner shall be personally served serve the alleged protected person with the notice, a copy of the petition and the evaluation report not less than fourteen days before the hearing. The alleged protected person may not waive notice, and a failure to properly notify the alleged protected person shall be jurisdictional.

    (c) The petitioner shall, at least fourteen days before the hearing, mail a copy of the notice, together with a copy of the petition, shall be mailed by certified mail, return receipt requested, by the petitioner, at least fourteen days before the hearing, to all individuals seven years of age or older and to all entities whose names and post office addresses appear in the petition. In the case of a missing person, the petitioner shall, at least fourteen days before the hearing, mail a copy of the petition for the appointment of a conservator shall be mailed by certified mail, return receipt requested, by the petitioner, at least fourteen days before the hearing to the last known address of the missing person. The petitioner shall file a copy of certified mail return receipts shall be filed in the office of the circuit clerk on or before the date of hearing.

    (d) The notice shall include a brief statement in large print of the purpose of the proceedings, and shall inform the alleged protected person of the right to appear at the hearing, the right to an attorney and the right to object to the proposed appointment. Additionally, the notice shall include the following statement in large print:

POSSIBLE CONSEQUENCES OF A COURT FINDING

    THAT YOU ARE INCAPACITATED

    At the hearing you may lose many of your rights. A guardian may be appointed to make personal decisions for you. A conservator may be appointed to make decisions concerning your property and finances. The appointment may affect control of how you spend your money, how your property is managed and controlled, who makes your medical decisions, where you live, whether you are allowed to vote and other important rights. If the court enters a final order appointing a guardian or conservator for you, you may become prohibited by federal law and state law or both federal law and state law from possessing firearms and ammunition.

    (e) No A person may not be appointed a guardian or conservator without first receiving proper notice and having the opportunity for a hearing.

CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 22. ADOPTION.

§48-22-804. Prohibited conditions on adoptions--firearms and ammunition.

    (a) An agency may not:

    (1) Make a determination that a person is unsuitable to adopt based on the lawful possession, storage or use of a firearm or ammunition by any member of the adoptive home;

    (2) Require an adoptive parent or prospective adoptive parent to disclose information relating to a person’s lawful possession, storage or use of a firearm or ammunition as a condition to adopt; or

    (3) Restrict the lawful possession, storage or use of a firearm or ammunition as a condition for a person to adopt.

    (b) In this section, the terms “firearm” and “ammunition” have the same meanings as in section two, article seven, chapter sixty-one of this code.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-403. Emergency protective orders of court; hearings; persons present.

    (a) Upon the filing of a verified petition under this article, the magistrate court may enter an emergency protective order as it may deem necessary to protect the petitioner or minor children from domestic violence and, upon good cause shown, may do so ex parte without the necessity of bond being given by the petitioner. Clear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children shall constitute good cause for the issuance of an emergency protective order pursuant to this section. If the respondent is not present at the proceeding, the petitioner or the petitioner’s legal representative shall certify to the court, in writing, the efforts which have been made to give notice to the respondent or just cause why notice should not be required. Copies of medical reports or records may be admitted into evidence to the same extent as though the original thereof. The custodian of such records shall not be required to be present to authenticate such records for any proceeding held pursuant to this subsection. If the magistrate court determines to enter an emergency protective order, the order shall prohibit the respondent from possessing firearms.

    (b) Following the proceeding, the magistrate court shall order a copy of the petition to be served immediately upon the respondent, together with a copy of any emergency protective order entered pursuant to the proceedings, a notice of the final hearing before the family court and a statement of the right of the respondent to appear and participate in the final hearing, as provided in subsection (d) of this section. Copies of any order entered under the provisions of this section, a notice of the final hearing before the family court and a statement of the right of the petitioner to appear and participate in the final hearing, as provided in subsection (d) of this section, shall also be delivered to the petitioner. Copies of any order entered shall also be delivered to any law-enforcement agency having jurisdiction to enforce the order, including municipal police, the county sheriff’s office and local office of the State Police, within twenty-four hours of the entry of the order. An emergency protective order is effective until modified by order of the family court upon hearing as provided in subsection (d) of this section. The order is in full force and effect in every county in this state.

    (c) Subsequent to the entry of the emergency protective order, service on the respondent and the delivery to the petitioner and law-enforcement officers, the court file shall be transferred to the office of the clerk of the circuit court for use by the family court.

    (d) The family court shall schedule a final hearing on each petition in which an emergency protective order has been entered by a magistrate. The hearing shall be scheduled not later than ten days following the entry of the order by the magistrate. The notice of the final hearing shall be served on the respondent and delivered to the petitioner, as provided in subsection (b) of this section, and must set forth shall specify the hearing date, time and place and include a statement of the right of the parties to appear and participate in the final hearing. The notice must shall also provide contain a warning that the petitioner’s failure to appear will result in a dismissal of the petition and that the respondent’s failure to appear may result in the entry of a protective order against him or her for a period of ninety or one hundred eighty days, as determined by the court. The notice must shall also include the name, mailing address, physical location and telephone number of the family court having jurisdiction over the proceedings. The notice to the respondent shall also include a clear and conspicuous warning that, if the court issues an order, the respondent may become prohibited by federal and state law from possessing firearms while the order is in effect and that if he or she is licensed to carry concealed weapons, the license may be suspended while the order is in effect. To facilitate the preparation of the notice of final hearing required by the provisions of this subsection, the family court must shall provide the magistrate court with a day and time in which final hearings may be scheduled before the family court within the time required by law.

    (e) Upon final hearing the petitioner must shall prove, by a preponderance of the evidence, the allegation of domestic violence or that he or she reported or witnessed domestic violence against another and has, as a result, been abused, threatened, harassed or has been the subject of other actions to attempt to intimidate him or her, or such petition shall be dismissed by the family court. If the respondent has not been served with notice of the emergency protective order, the hearing may be continued to permit service to be effected. The failure to obtain service upon the respondent does not constitute a basis to dismiss the petition. Copies of medical reports may be admitted into evidence to the same extent as though the original thereof, upon proper authentication, by the custodian of such records.

    (f) No A person requested by a party to be present during a hearing held under the provisions of this article shall may not be precluded from being present unless such that person is to be a witness in the proceeding and a motion for sequestration has been made and such motion has been granted. A person found by the court to be disruptive may be precluded from being present.

    (g) Upon hearing, the family court may dismiss the petition or enter a protective order for a period of ninety days or, in the discretion of the court, for a period of one hundred eighty days. The hearing may be continued on motion of the respondent, at the convenience of the court. Otherwise, the hearing may be continued by the court no more than seven days. If a hearing is continued, the family court may modify the emergency protective order as it deems necessary.

    (h) Notwithstanding any other provision of this code to the contrary, a petition filed pursuant to this section that results in the issuance of an emergency protective order naming a juvenile as the respondent in which the petition for the emergency protective order is filed by or on behalf of the juvenile’s parent, guardian or custodian or other person with whom the juvenile resides shall be treated as a petition authorized by section seven, article five, chapter forty-nine of this code, alleging the juvenile is a juvenile delinquent: Provided, That the magistrate court shall notify the prosecuting attorney in the county where the emergency protective order is issued within twenty-four hours of the issuance of the emergency protective order and the prosecuting attorney may file an amended verified petition to comply with the provisions of subsection (a) of section seven, article five, chapter forty-nine of this code within two judicial days.

§48-27-502. Mandatory provisions in protective order.

    (a) Every protective order shall contain the full legal name and date of birth of the respondent and a clear and conspicuous statement of the order’s dates of issue and expiration. A protective order must shall order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury.

    (b) The Every protective order must shall inform the respondent: that he or she is prohibited from possessing any firearm or ammunition, notwithstanding the fact that the respondent may have a valid license to possess a firearm, and

    (1) Of the provisions of 18 U.S.C. §§922(g) and 924(a)(2) and subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code;

    (2) That possession of a firearm or ammunition while subject to the court’s protective order is may constitute a criminal offense under federal law 18 U.S.C. §922(g)(8) and subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code;

    (3) That, if the protective order causes the respondent to become prohibited from possessing firearms by 18 U.S.C. §922(g)(8) or subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code, the respondent must immediately surrender any licenses to purchase, possess, carry or transport firearms or concealed weapons issued by this state or any other state to the respective issuing agencies;

    (4) That a delay or failure of an issuing agency to suspend or revoke any license to purchase, possess, carry or transport firearms or concealed weapons does not constitute a defense to any alleged violation of 18 U.S.C. §922(g)(8) or subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code; and

    (5) That a conviction under 18 U.S.C. §922(g)(8) for unlawfully possessing a firearm or ammunition while under the protective order may result in the respondent being prohibited for life from possessing a firearm or ammunition pursuant to 18 U.S.C. §922(g)(1), notwithstanding any future expiration, revocation or other termination of the protective order.

    (c) The protective order must shall inform the respondent that the order is in full force and effect in every county of this state.

    (d) The protective order must shall contain on its face the following statement, printed in bold-faced type or in capital letters:

    “VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE THAT MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL OR COUNTY JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS TWO THOUSAND DOLLARS $4,000".

§48-27-601. Filing of orders with law-enforcement agency; affidavit as to award of possession of real property; service of order on respondent.

    (a) (1) Upon entry of an order pursuant to section 27-403 or part 27-501, et seq., or an order entered pursuant to part 5-501, et seq., granting relief provided for by this article, a copy of the order the court or the clerk of the court shall, no later than the close of the next business day, be transmitted by the court or the clerk of the court transmit a certified copy of the order to a local office of the municipal police, the county sheriff and the West Virginia State Police, where it shall be placed in a confidential file, with access provided only to the law-enforcement agency and the respondent named on the order.

    (2) Every court that issues an order described in subdivision (1) of this subsection shall, at the time of issuing the order, enter findings of fact and conclusions of law regarding whether the order results in the respondent becoming prohibited by subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code or 18 U.S.C. §922(g)(8) from possessing firearms while the order is in effect. The respondent shall have a reasonable opportunity to be heard and to present evidence and arguments against a proposed finding that the order will cause the respondent to be prohibited by subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code or 18 U.S.C. §922(g)(8) from possessing firearms while the order is in effect. If the court finds that the order results in the respondent becoming prohibited by subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code or 18 U.S.C. §922(g)(8) from possessing firearms while the order is in effect, the court shall immediately transmit three certified copies of the order to the Superintendent of the State Police for the purposes described in subdivisions (3) through (5) of this subsection.

    (3) Upon receipt of a certified copy of an order pursuant to subdivision (2) of this subsection by the superintendent of the State Police, the superintendent shall:

    (A) Transmit a certified copy of the order to the Federal Bureau of Investigation or other federal agency responsible for maintaining the National Instant Criminal Background Check System established pursuant to Section 103(d) of the Brady Handgun Violence Protection Act, Public Law 103-159, §103, 107 Stat. 1536 (1993), reprinted in 18 U.S.C. §922 notes; and

    (B) Search the state concealed weapons license database maintained pursuant to section four, article seven, chapter sixty-one of this code to determine whether the respondent is currently licensed in this state to carry concealed weapons and, if so, notify the issuing sheriff of record of the licensee’s probable disqualification from continued licensure and transmit a certified copy of the order to that sheriff.

    (4) Upon receipt of a certified copy of an order described in paragraph (B), subdivision (3) of this subsection by a sheriff, the sheriff shall determine whether the respondent is currently licensed to carry concealed weapons pursuant to section four or five, article seven, chapter sixty-one of this code and, if the respondent is so licensed, the sheriff shall:

    (A) If the sheriff is the issuing sheriff of record, determine, in consultation with the prosecuting attorney, whether the order is an order that results in the respondent becoming prohibited by subdivision (8), subsection (a), section seven, article seven, chapter sixty-one of this code or 18 U.S.C. §922(g)(8) from possessing firearms and, if so, comply with the applicable license suspension provisions of subsection (q), section four, article seven, chapter sixty-one of this code; or

    (B) If the sheriff is not the issuing sheriff of record, forward a certified copy of the order to the issuing sheriff of record, who shall comply with this subdivision and subdivision (5) of this subsection upon receipt of a certified copy of the order.

    (5) Before any sheriff may initiate suspension or revocation proceedings against any licensee under section four or five, article seven, chapter sixty-one of this code, the sheriff shall independently verify that the information received by the sheriff pertains to the named licensee and not another person and that the information proves an actual disqualification of the named licensee from continued licensure, as provided by subsection (q), section four, article seven, chapter sixty-one of this code.

    (b) A sworn affidavit may be executed by a party who has been awarded exclusive possession of the residence or household, pursuant to an order entered pursuant to section 27-503 and shall be delivered to such the appropriate law-enforcement agencies simultaneously with any order giving the party’s consent for a law-enforcement officer to enter the residence or household, without a warrant, to enforce the protective order or temporary order.

    (c) Orders shall be promptly served upon the respondent. Failure to serve a protective order on the respondent does not stay the effect of a valid order if the respondent has actual notice of the existence and contents of the order.

    (d) Any law-enforcement agency in this state in possession of or with notice of the existence of an order issued pursuant to the provisions of sections 27-403 or 27-501 of this article or the provisions of section 5-509 of this chapter which is in effect or has been expired for thirty days or less that receives a report that a person protected by such an order has been reported to be missing shall immediately follow its procedures for investigating missing persons. No An agency or department policy delaying the beginning of an investigation shall may not have any force or effect.

    (e) The provisions of subsection (d) of this section shall be applied where a report of a missing person is made which is accompanied by a sworn affidavit that the person alleged to be missing was, at the time of his or her alleged disappearance, being subjected to treatment which meets the definition of domestic battery or assault set forth in section twenty-eight, article two, chapter sixty-one of this code.

§48-27-1002. Arrest in domestic violence matters; conditions.

    (a) Notwithstanding any provision of this code to the contrary, if a person is alleged to have committed a violation of the provisions of subsection (a) or (b), any offense under section twenty-eight, article two, chapter sixty-one of this code, against a family or household member in addition to any other authority to arrest granted by this code, a law-enforcement officer has authority to may arrest that person without first obtaining a warrant if:

    (1) The law-enforcement officer has observed credible corroborative evidence that an offense under section twenty-eight, article two, chapter sixty-one of this code, has occurred; and either:

    (2)(A) The law-enforcement officer has received, from the victim or a witness, an oral or written allegation of facts constituting a violation of section twenty-eight, article two, chapter sixty-one of this code; or

    (3) (B) The law-enforcement officer has observed credible evidence that the accused committed the offense.

    (b) For the purposes of this section, credible corroborative evidence means evidence that is worthy of belief and corresponds to the allegations of one or more elements of the offense and may include, but is not limited to, the following:

    (1) Condition of the alleged victim. -- One or more contusions, scratches, cuts, abrasions, or swellings; missing hair; torn clothing or clothing in disarray consistent with a struggle; observable difficulty in breathing or breathlessness consistent with the effects of choking or a body blow; observable difficulty in movement consistent with the effects of a body blow or other unlawful physical contact.

    (2) Condition of the accused. -- Physical injury or other conditions similar to those set out for the condition of the victim which are consistent with the alleged offense or alleged acts of self-defense by the victim.

    (3) Condition of the scene. -- Damaged premises or furnishings; disarray or misplaced objects consistent with the effects of a struggle.

    (4) Other conditions. -- Statements by the accused admitting one or more elements of the offense; threats made by the accused in the presence of an officer; audible evidence of a disturbance heard by the dispatcher or other agent receiving the request for police assistance; written statements by witnesses.

    (c) Whenever any person is arrested pursuant to subsection (a) of this section, the arrested person shall be taken before a magistrate within the county in which the offense charged is alleged to have been committed in a manner consistent with the provisions of Rule 1 of the Administrative Rules for the Magistrate Courts of West Virginia.

    (d) If an arrest for a violation of subsection (c), section twenty-eight, article two, chapter sixty-one of this code is authorized pursuant to this section, that fact constitutes prima facie evidence that the accused constitutes a threat or danger to the victim or other family or household members for the purpose of setting conditions of bail pursuant to section seventeen-c, article one-c, chapter sixty-two of this code.

    (e) Whenever any person is arrested pursuant to the provisions of this article or for a violation of an order issued pursuant to section five hundred nine or subsections (b) and (c) of section six hundred eight, article five of this chapter, the arresting officer, subject to the requirements of the Constitutions of this state and of the United States:

    (1) Shall seize all weapons that are alleged to have been involved or threatened to be used in the commission of domestic violence;

    (2) May seize a weapon that is in plain view of the officer or was discovered pursuant to a consensual search, as necessary for the protection of the officer or other persons; and

    (3) May seize all weapons that are possessed in violation of a valid protective order federal law or article seven, chapter sixty-one of this code.

CHAPTER 49. CHILD WELFARE.

ARTICLE 2B. DUTIES OF SECRETARY OF HEALTH AND HUMAN RESOURCES FOR CHILD WELFARE.

§49-2B-3. Licensure, certification, approval and registration requirements.

    (a) Any person, corporation or child welfare agency, other than a state agency, which operates a residential child care facility, a child-placing agency or a day care center shall obtain a license from the department.

    (b) Any residential child care facility, day care center or any child-placing agency operated by the state shall obtain approval of its operations from the secretary. Provided, That this requirement does not apply to any juvenile detention facility or juvenile correctional facility operated by or under contract with the Division of Juvenile Services, created pursuant to section two, article five-e of this chapter, for the secure housing or holding of juveniles committed to its custody The facilities and placing agencies shall maintain the same standards of care applicable to licensed facilities, centers or placing agencies of the same category.

    (c) Any family day care facility which operates in this state, including family day care facilities approved by the department for receipt of funding, shall obtain a statement of certification from the department.

    (d) Every family day care home which operates in this state, including family day care homes approved by the department for receipt of funding, shall obtain a certificate of registration from the department.

    (e) This section does not apply to:

    (1) A kindergarten, preschool or school education program which is operated by a public school or which is accredited by the state Department of Education, or any other kindergarten, preschool or school programs which operate with sessions not exceeding four hours per day for any child;

    (2) An individual or facility which offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;

    (3) Summer recreation camps operated for children attending sessions for periods not exceeding thirty days;

    (4) Hospitals or other medical facilities which are primarily used for temporary residential care of children for treatment, convalescence or testing;

    (5) Persons providing family day care solely for children related to them; or

    (6) Any juvenile detention facility or juvenile correctional facility operated by or under contract with the Division of Juvenile Services, created pursuant to section two, article five-e of this chapter, for the secure housing or holding of juveniles committed to its custody.

    (f) The secretary is hereby authorized to issue may promulgate an emergency rule relating to conducting a survey of existing facilities in this state in which children reside on a temporary basis in order to ascertain whether they should be subject to licensing under this article or applicable licensing provisions relating to behavioral health treatment providers.

    (g) Any informal family child care home or relative family child care home may voluntarily register and obtain a certificate of registration from the department.

    (h) Any child care service that is licensed or receives a certificate of registration shall have a written plan for evacuation in the event of fire, natural disaster or other threatening situation that may pose a health or safety hazard to the children in the child care service.

    (1) The plan shall include, but not be limited to:

    (A) A designated relocation site and evacuation;

    (B) Procedures for notifying parents of the relocation and ensuring family reunification;

    (C) Procedures to address the needs of individual children including children with special needs;

    (D) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate;

    (E) Coordination with local emergency management officials; and

    (F) A program to ensure that appropriate staff are familiar with the components of the plan.

    (2) A child care service shall update the evacuation plan by December 31, of each year. If a child care service fails to update the plan, no action shall be taken against the child care service's license or registration until notice is provided and the child care service is given thirty days after the receipt of notice to provide an updated plan.

    (3) A child care service shall retain an updated copy of the plan for evacuation and shall provide notice of the plan and notification that a copy of the plan will be provided upon request to any parent, custodian or guardian of each child at the time of the child's enrollment in the child care service and when the plan is updated.

    (4) All child care centers and family child care facilities shall provide the plan and each updated copy of the plan to the Director of the Office of Emergency Services in the county where the center or facility is located.

    (i) The requirements for the licensure and operation of a child-placing agency shall include compliance with the requirements of section eight hundred four, article twenty-two, chapter forty-eight of this code and sections sixteen and seventeen, article seven, chapter sixty-one of this code.

CHAPTER 50. MAGISTRATE COURTS.

    ARTICLE 1. COURTS AND OFFICERS.

§50-1-14. Duties of sheriff; service of process; bailiff.

    (a) It shall be the duty of Each sheriff to shall execute all civil and criminal process from any magistrate court which may be directed to such the sheriff. Process shall be served in the same manner as provided by law for process from circuit courts.

    (b) Subject to the supervision of the chief justice of the Supreme Court of Appeals or of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, it shall be the duty of the sheriff or his or her designated deputy to shall serve as bailiff of a magistrate court upon the request of the magistrate. Such This service shall also be subject to such administrative rules as may be promulgated by the Supreme Court of Appeals. A writ of mandamus shall lie on behalf of a magistrate to enforce the provisions of this section.

    (b) (c) The sheriff of any county may employ, by and with the consent of the county commission, one or more persons whose sole duties shall be the service of civil process and the service of subpoenas and subpoenas duces tecum. Any such person A sheriff’s process server employed pursuant to this subsection shall not be considered a deputy or deputy sheriff within the meaning of subdivision (2), subsection (a), section two, article fourteen, chapter seven of this code. nor shall any such person be authorized to

    (d) A sheriff’s process server employed pursuant to subsection (c) of this section may carry deadly concealed weapons without a license in the performance of his or her official duties Provided, That the sheriff may authorize an employee whose sole duties involve service of civil process to carry a firearm if the employee if:(1) The employee: (A) Has been previously certified as a West Virginia law-enforcement officer; or (B) completes all training requirements otherwise applicable to deputy sheriffs for the use and handling of firearms; Provided, however, That (2) the sheriff may authorize previously certified West Virginia law-enforcement officers authorizes the employee, in writing, to carry a deadly weapon concealed weapons without a license in the performance of the his or her official duties of the officers under the provisions of this section; Provided further, That these officers and employees maintain (3) the employee maintains yearly weapons qualifications otherwise applicable to deputy sheriffs; and are (4) the employee is bonded through the office of the sheriff. This subsection may not be construed to diminish the right of a sheriff’s process server to keep and bear arms in the same manner as he or she may lawfully do so as a private citizen.

CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.

ARTICLE 18. LIMITATIONS OF ACTIONS REGARDING FIREARMS MANUFACTURE, SALE, INSTRUCTION AND TRAINING.

§55-18-1. Legislative declarations and purpose.

    The Legislature hereby finds and declares:

    (a) The lawful design, marketing, manufacture or sale of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se.

    (b) To the extent the Constitution of this state and the United States protect citizens’ rights to keep and bear arms, the Legislature finds and declares that it is within the strict prerogative of its own authority, and not the authority of any county or municipality, to determine whether any manufacturer, dealer or seller of firearms has engaged in any act or omission that would create a cognizable action for damages, injunction or otherwise.

    (c) Providing qualified immunity from civil liability for qualified firearms safety instructors, certifying organizations, course sponsors and course participants, is a reasonable and proper means of promoting and encouraging widespread availability of and participation in instruction and training in reasonable and accepted firearms safety principles and techniques.

§55-18-3. Firearms safety instruction; limitations on civil liability.

    (a) In this section:

    (1) “Certifying organization” means a public department, agency or office with responsibility for or oversight of firearms and firearms-related issues, or an established not-for-profit organization with expertise and experience with firearms safety issues.

    (2) “Firearm” means any firearm, as defined in section two, article seven, chapter sixty-one of this code, and any ammunition and accoutrements attendant to the lawful possession and use of a firearm.

    (3) “Qualified firearms safety instructor” means the instructor, assistant instructor or acting instructor of a firearms education and safety course or program who has been certified by a certifying organization as a trained, knowledgeable and responsible adult qualified to provide firearms education and safety instruction to youth or adults.

    (4) “Reasonable and accepted firearms safety principles and techniques” include, but are not limited to, treating a firearm as if it is always loaded, safe handling and transport of a firearm and proper use of the firearm within diverse environmental surroundings.

    (b) (1) Except as otherwise provided by subdivision (2) of this subsection, a qualified firearms safety instructor is immune from liability in a civil action resulting from:

    (A) Any death, injury, or damage that occurs during the course of instruction as a result of the reasonable inherent risks of firearms use; or

    (B) Any firearms-related death, injury, or damage caused by a course participant after completion of the course.

    (2) Subdivision (1) of this subsection does not apply if:

    (A) The acts or omissions of the qualified firearms safety instructor during the course of instruction demonstrate a willful or reckless disregard for reasonable and accepted firearms safety principles and techniques; or

    (B) A claim against the qualified firearms safety instructor is unrelated to the conduction of the firearms safety course.

    (c) (1) Except as otherwise provided in subdivision (2) of this subsection, a certifying organization or course sponsor, including an organization that permits a course to be conducted within its facility, is immune from liability in a civil action resulting from:

    (A) Any death, injury, or damage that occurs during the course of instruction as a result of the reasonable inherent risks of firearms use; or

    (B) Any firearms-related death, injury, or damage caused by a course participant after completion of the course.

    (2) Subdivision (1) of this subsection does not apply if a claim against the certifying organization or course sponsor resulting from the actions of a participant after completion of a course is unrelated to the conduction of the firearms safety course.

    (d)(1) Except as otherwise provided by subdivision (2) of this subsection, a student in a firearms safety course taught by a qualified firearms safety instructor is immune from liability in a civil action resulting from any death, injury, or damage that occurs during the course of instruction as a result of the reasonable inherent risks of firearms use.

    (2) Subdivision (1) of this subsection does not apply if the acts or omissions of the student demonstrate a willful or reckless disregard for reasonable and accepted firearms safety principles and techniques or a willful or reckless disregard for the directions of the course instructor.

    (e) This section shall be construed only to provide immunity from liability in civil actions for individuals who engage in conduct protected by this section and may not be construed to create any new duty of care or cause of action.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

    ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-8. Aiding escape and other offenses relating to adults and juveniles in custody or confinement; penalties.

    (a) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, state correctional facility, juvenile facility or juvenile detention center, if Any other person who knowingly and willfully delivers anything into the place of custody or confinement of the adult or juvenile any inmate with the intent to aid or facilitate the adult’s or juvenile’s inmate’s escape or attempted escape therefrom from lawful custody or confinement, or if the other person forcibly rescues or attempts to forcibly rescue an adult or a juvenile therefrom inmate from lawful custody or confinement, the other person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility imprisoned for not less than one year nor more than ten years.

    (b) Where any adult or juvenile is lawfully detained in custody or confinement in any jail, a state correctional facility or a juvenile facility or juvenile detention center, if Any other person who, without the express authority and permission of the facility supervisor, knowingly and willfully delivers any money or other thing of value, any written or printed matter, any article of merchandise, food or clothing, any medicine, utensil or instrument of any kind to the adult or juvenile without the express authority and permission of the supervising officer and any inmate with knowledge that the adult or juvenile inmate is lawfully detained the other person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, and confined in jail for not less than three months nor more than twelve months: Provided, That the provisions of one year, or both. However, this section do subsection does not prohibit apply to an attorney or his or her employees from supplying or any employee or other agent of an attorney who supplies any written or printed material to an adult or juvenile inmate which pertains to that the attorney’s representation of the adult or juvenile inmate.

    (c) (1) If Any person who, without the express authority and permission of the facility supervisor, knowingly and willfully transports any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon or any controlled substance as defined by chapter sixty-a of this code onto into the grounds secure area of any jail, state a correctional facility juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or confined imprisoned in a state correctional facility not less than two years one year nor more than ten five years, or both fined or imprisoned, or, in the discretion of the court, be confined in jail not more than one year and fined not more than $500. Subsection (e), section fifteen, article seven of this chapter, applies to this subdivision only when the proscribed contraband is a weapon and the defendant is licensed to carry concealed weapons pursuant to section four or five, article seven of this chapter, or authorized to carry a concealed weapon without a license pursuant to subsection (d), section three, article seven of this chapter.

    (2) If Any person who, without the express authority and permission of the facility supervisor, knowingly and willfully and knowingly transports or causes to be transported any telecommunications device into or upon any portion of any jail, state the secure area of a correctional facility, juvenile facility or juvenile detention center within this state that is not generally open and accessible to members of the public without prior approval from the Warden/Administrator or designee, and such person is unauthorized by law to do so, or is unauthorized by the persons supervising the facility after having been given notice in the form required by paragraph (C), subdivision (3) of this subsection, that the act is unlawful, the person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or confined in jail not more than one year, or both fined and confined.

    (3) The facility supervisor of each correctional facility within this state shall:

    (A) Establish at the primary public entrance to the secure area of a correctional facility, a secure weapon storage area, as defined in section two, article seven of this chapter;

    (B) Permit visitors to the secure area of the correctional facility to use the secure weapon storage area designated pursuant to paragraph (A) of this subdivision for the storage of weapons and telecommunications devices while the visitor is in the secure area of a correctional facility; and

    (C) Cause to be posted at all entrances to the secure area of a correctional facility signs conforming to the requirements of section fifteen, article seven of this chapter, which shall include a notice of the provisions of subdivisions (1) and (2) of this subsection and the availability of the secure weapon storage area for the storage of weapons and telecommunications devices pursuant to paragraphs (A) and (B) of this subdivision.

    (d) If Any person who, without the express authority and permission of the facility supervisor, knowingly and willfully delivers any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon or any controlled substance as defined by chapter sixty-a of this code to an adult or juvenile in custody or confinement in any jail, state correctional facility, juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person inmate is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or confined imprisoned in a state correctional facility not less than one year two years nor more than five ten years, or both fined and imprisoned. Section fifteen, article seven of this chapter, does not apply to this subsection.

    (e) Whoever Any person who knowingly and willfully purchases, accepts as a gift, or secures by barter, trade or in any other manner, any article or articles manufactured at or belonging to any jail, state correctional facility juvenile facility or juvenile detention center from any adult or juvenile inmate detained therein in the correctional facility is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, and confined in jail not less than three months nor more than twelve months: Provided, That the provisions of one year, or both fined and confined. However, this subsection do does not apply to articles specially manufactured in any correctional facility under the authorization of the persons supervising the facility supervisor and which are offered for sale within or outside of the correctional facility.

    (f) Whoever Any person who knowingly and willfully persuades, induces or entices or attempts to persuade, induce or entice any person who is in custody or confined in any jail, state correctional facility, juvenile facility or juvenile detention center inmate to escape therefrom from lawful custody or confinement or to engage or aid in any insubordination to the persons supervising the facility supervisor is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, and confined in jail not less than three months nor more than twelve months one year, or both fined and confined.

    (g) (1) An inmate of a jail, state correctional facility, juvenile facility or juvenile detention center having in his or her possession who, without the express authority and permission of the facility supervisor, knowingly possesses any poison, implement of escape, dangerous material, weapon, telecommunication device or any controlled substance as defined by chapter sixty-a of this code is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or confined imprisoned in a state correctional facility not less than one year nor more than five years, or both fined and imprisoned, or, in the discretion of the court, be confined in jail for not more than one year, and fined not more than $500, or both fined and imprisoned.

    (2) An inmate of a jail, state correctional facility, juvenile facility or juvenile detention center having in his or her possession who, without the express authority and permission of the facility supervisor, knowingly possesses any alcoholic liquor, nonintoxicating beer, money or other thing of value, any written or printed matter, any article of merchandise, food or clothing, any medicine, utensil or instrument of any kind without the express authority and permission of the supervising officer is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, and or confined in jail for not more than twelve months one year, or both fined and confined.

    (3) Section fifteen, article seven of this chapter, does not apply to this subsection.

    (h) As used In this section:

    (1) “Controlled substance” has the same meaning as in chapter sixty-a of this code.

    (2) “Correctional facility” means any local jail facility, regional jail facility, juvenile facility or correctional facility, as those terms are defined in section two, article twenty, chapter thirty-one of this code.

    (1)(3) “Dangerous material” means any incendiary material or device, highly flammable or caustic liquid, explosive, bullet or other material readily capable of causing death or serious bodily injury.

    (2) (4) “Delivers” means to knowingly and willfully transfer an item to an adult or juvenile who is detained in custody or confinement in any jail, correctional facility, juvenile facility or juvenile detention center, or a building appurtenant to those places. The term includes bringing inmate, to knowingly and willfully bring the item into a jail, correctional facility juvenile facility or juvenile detention center or a building appurtenant to those places. The term includes putting the correctional facility with the specific intent of effecting a transfer of that item to an inmate or to knowingly and willfully put an item in a place where it may be obtained by an inmate with the specific intent of effecting a transfer of that item to an inmate.

    (5) “Facility supervisor” means the warden, administrator or other person in charge of a correctional facility.

    (3) (6) “Inmate” means an adult or juvenile who is detained in custody or confinement in any jail, correctional facility juvenile facility or juvenile detention center, regardless of whether the individual is temporarily absent due to medical treatment, transportation, court appearance or other reason for a temporary absence.

    (4) (7) “Implement of escape” means a tool, implement, device, equipment or other item which an inmate is not authorized to possess, capable of facilitating, aiding or concealing an escape or attempted escape by an inmate.

    (8) “Secure area of a correctional facility” means the portions of a correctional facility designated by the facility supervisor as the portions of the correctional facility that house inmates, into which inmates are permitted access as part of the ordinary course of operation of the facility or into which introduction of any of the articles described in subsection (c) of this section would be reasonably expected to threaten the safety or security of inmates, staff or visitors to the facility or the maintenance of general discipline and order within the inmate population. However, this term does not include the portions of the grounds of a correctional facility constituting motor vehicle parking lots or ways of travel that are outside the areas into which inmates are ordinarily confined and which are accessible to members of the public without prior approval from the facility supervisor.

    (5) (9) “Telecommunication device” means any type of instrument, device, machine or equipment which is capable of transmitting telephonic, electronic, digital, cellular or radio communications or any part of an instrument, device, machine or equipment which is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications regardless of whether the part itself is able to transmit, The term and includes, but is not limited to, cellular phones, digital phones and modem equipment devices.

    (6) (10) “Weapon” means an any implement readily capable of lethal use and includes:

    (A) Any firearm deadly weapon as defined in section two, article seven of this chapter;

    (B) Any knife, dagger, razor, other cutting or stabbing implement or club; The term includes

    (C) Any item which has been modified or adapted so that it can be used as a firearm, knife, dagger, razor, other cutting or stabbing implement or club. For purposes of this definition, the term “firearm” includes an unloaded firearm weapon; or

    (D) The unassembled components of a any firearm or other weapon.

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-1a. Control of riots and unlawful assemblages.

    (a) Members of the department of public safety State Police, sheriffs and mayors, and those acting under their order, may, when engaged in suppressing a riot, rout or unlawful assemblage, cordon off any area or areas threatened by such riot, rout or unlawful assemblage, and may take all actions which are necessary and reasonable under the emergency to restore law and order, and such actions may be, but are not limited to, the following:

    (a) (1) Prohibit the sale, offering for sale, dispensing, furnishing or transportation of firearms or other dangerous weapons, ammunition, dynamite or other dangerous explosives in, to or from such areas.

    (b) (2) Prohibit the sale, offering for sale, dispensing, furnishing or consumption of alcoholic beverages or nonintoxicating beer in a public place in such areas, and prohibit the transportation of alcoholic beverages or nonintoxicating beer in, to or from such areas.

    (c) (3) Impose curfews, as required, to control movement of persons in, to and from such areas.

    (d) (4) Enter a private dwelling or other building or other private place in such areas when in fresh pursuit of a rioter, when in search of a sniper who has fired upon a person from such a dwelling or other building or place or when in search of firearms, other dangerous weapons, ammunition, dynamite or other dangerous explosives when there is reason to believe that such items are stored in the said dwelling, building or place and that they will be removed therefrom before a search warrant could be obtained.

    No person shall wilfully fail (b) Any person who willfully fails to obey a lawful order of any mayor, sheriff, deputy sheriff, municipal police officer, member of the department of public safety State Police, or other officer, given pursuant to subsection (a) of this section, Any person who violates an order given pursuant to the authority of this section shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or imprisoned confined in the county jail for not more than six months, or both. fined and imprisoned

    (c) Notwithstanding any provision of this section to the contrary, this section does not authorize any prohibition or impairment of the otherwise lawful possession, carrying, transportation or storage of privately owned firearms or ammunition or the suspension of otherwise lawful firearm sales or transfers or any other lawful firearms-related activity conducted by any person possessing a federal firearms license.

§61-6-19. Willful disruption of governmental processes; offenses occurring at state capitol complex; penalties.

    (a) If any No person may willfully interrupts interrupt or molests molest the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions. he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned Provided, That However, any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall is not be a violation of this section subsection.

    (b) It is unlawful for any person to bring upon the State Capitol complex any weapon, as defined by the provisions of section two, article seven of this chapter. It is unlawful for any No person to may willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the state capitol complex. It is unlawful for any

    (c) A person or persons to may not knowingly and willfully block or otherwise knowingly and willfully obstruct any public access, stair or elevator in the state capitol complex after being asked by a law-enforcement officer acting in his or her official capacity to desist. Provided, That in order to preserve the Constitutional right of the people to assemble, it is not willful blocking or willful obstruction for This subsection does not apply to persons gathered in a group or crowd, if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress. Provided, however, That this subsection shall not apply to a law-enforcement officer acting in his or her official capacity

    (d) Any person who violates any provision of this subsection section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars more than $1,000, or confined in the county or regional jail for not more than six months, or both fined and confined.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-1. Legislative findings and intent.

    The Legislature finds and declares that: the overwhelming support of the citizens of West Virginia for

    (1) The Second Amendment of the Constitution of the United States, as incorporated against the states by the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States, and article three, section twenty-two of the Constitution of this state, commonly known as the “Right to Keep and Bear Arms Amendment”, combined with the obligation of the state to reasonably regulate protect as a fundamental individual right, the right of persons an individual to keep and bear arms for self-defense requires the reenactment defense of this article self, family, home and state, and for lawful hunting and recreational use.

    (2) In Syllabus Point 4, State ex rel. City of Princeton v. Buckner, 377 S.E.2d 139, 180 W. Va. 457 (1988), the Supreme Court of Appeals held that “the West Virginia Legislature may, through the valid exercise of its police power, reasonably regulate the right of a person to keep and bear arms in order to promote the health, safety and welfare of all citizens of this state, provided that the restrictions or regulations imposed do not frustrate the Constitutional freedoms guaranteed by article III, §22 of the West Virginia Constitution, known as the ‘Right to Keep and Bear Arms Amendment.’”

    (3) In Buckner, the Supreme Court of Appeals held unconstitutional a former enactment of this article that generally prohibited the carrying of any deadly weapon openly or concealed without a state license, as an overly broad restriction of the individual’s right to keep and bear arms.

    (4) In response to Buckner, the Legislature revised this article to eliminate the requirement of a state license to openly carry weapons and established a uniform, nondiscretionary system for licensing qualified individuals to carry concealed weapons.

    (5) Requiring a state license to carry a concealed weapon and providing for a uniform, nondiscretionary system for issuing licenses to carry concealed weapons is a valid exercise of the state’s police power that does not violate an individual’s right to keep and bear arms.

    (6) Since the Legislature revised this article in response to Buckner, the overwhelming majority of other states have adopted laws of varying similarity to section four of this article that permit individuals who meet specified, objective licensing criteria to be licensed to carry concealed weapons or certain types of concealed weapons, predominately handguns only, without subjective licensing standards that empower an issuing agency to determine whether an applicant has a “need” or “good cause” for a license to carry concealed weapons.

    (7) The overwhelming majority of other right-to-carry states have established recognition or reciprocity laws of varying natures that provide procedures for either unilaterally recognizing licenses to carry concealed weapons issued by other states, either with or without further qualifications pertaining to the other state’s licensing requirements.

    (8) The principal qualification for receiving reciprocity from another right-to-carry state is the willingness of a state to honor the licenses to carry concealed weapons issued by the other state.

    (9) The licensing laws of every right-to-carry state have unique features to the individual state to which the licensing laws of some, many or all other right-to-carry states may fail to conform.

    (10) Many states that have previously included elements in their reciprocity statutes requiring other states to meet specified licensing standards or meet a statutorily undefined standard of having substantially similar licensing requirements have found these provisions to be unworkable and have repealed them.

    (11) Licensees under section four of this article should enjoy maximum reciprocity with other states to enable them to exercise their right to provide for their self-defense when visiting other states.

    (12) Nonresidents who have a license to carry concealed weapons, whether issued by the nonresident’s state of residence or another state, should be able to have the same ability to provide for their self-defense while visiting West Virginia as West Virginia licensees.

    (13) Under the Brady Handgun Violence Prevention Act, Public Law 103-159, 18 U.S.C. §922(t), licensed firearm dealers are generally required to perform a background check on each purchaser or transferee of a firearm through the National Instant Criminal Background Check System prior to completing the transfer.

    (14) Although most National Instant Criminal Background Check System background checks are completed and approved within a few minutes, National Instant Criminal Background Check System computer breakdowns and mistakes of identity frequently delay lawful firearm purchases and impede the exercise of the right to keep and bear arms by law-abiding gun owners.

    (15) Under 18 U.S.C. §922(t)(3)(A), one of the exceptions to the requirement for a National Instant Criminal Background Check System background check on a prospective firearm purchaser is “a firearm transfer between a licensee and another person if: (i) Such other person has presented to the licensee a permit that: (I) Allows such other person to possess or acquire a firearm; and (II) was issued not more than five years earlier by the state in which the transfer is to take place; and (ii) the law of the state provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law.”

    (16) Many right-to-carry states have adopted licensing statutes whose background check requirements satisfy the requirements of 18 U.S.C. §922(t)(3)(A) and the regulations promulgated thereunder and thus have qualified those states’ licensees to acquire firearms through licensed firearm dealers within those states without undergoing a redundant background check at the time of acquiring a firearm and often encountering database errors or delays that unnecessarily impede the lawful acquisition of a firearm by a person who has passed the generally more extensive background checks required for a license to carry concealed weapons.

    (17) West Virginia licensees should enjoy the same ability to lawfully purchase firearms from licensed firearm dealers within this state without the unnecessary risk of delays arising from the need to complete a redundant background check that can be satisfied through the background check process for a license to carry concealed weapons. Therefore, the Legislature intends that licenses issued under section four of this article, other than licenses extended pursuant to subdivision (2), subsection (g) of that section, be designated as a qualifying alternative pursuant to 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) and other applicable federal laws.

    (18) A NICS-exempt license to carry concealed weapons does not exempt a licensed firearm dealer from the requirement of 18 U.S.C. §923(g)(3) to report multiple handgun transfers to one person within a five business day period to state and local law enforcement.

    (19) The former enactment of section four of this article as it existed prior to the effective date of the amendments to that section enacted during the 2011 Regular Session of the Legislature:

    (A) Provided for the issuing of licenses to carry concealed pistols and revolvers to residents of this state who met specified, objective licensing standards; and

    (B) Contained many deficiencies in its provisions governing licensing standards and procedures that:

    (i) Provided inadequate guidance to sheriffs, applicants and licensees on many licensing issues;

    (ii) Impeded efforts by the Attorney General to establish reciprocity with other states under former section six-a of this article, as it existed prior to its repeal the effective date of the amendments to section four of this article enacted during the 2011 Regular Session of the Legislature; and

    (iii) Would continue to stand as an impediment to several states recognizing licenses issued under section four of this article unless corrected, notwithstanding the enactment of subdivision (1), subsection (d), section three of this article.

    (20) The combined deficiencies in the former enactment of section four of this article as it existed prior to the effective date of the amendments to that section enacted during the 2011 Regular Session of the Legislature resulted in licensees not receiving many of the legal rights, benefits, privileges and immunities to which licensees under the licensing laws of many other states enjoyed, including broad-based reciprocity with other states and a federal firearm purchase background check exemption under 18 U.S.C. §922(t)(3)(A).

    (21) The overwhelming majority of right-to-carry states have closed public access to information concerning applicants and licensees because:

    (A) Access to information concerning individual applicants and licensees has been used by criminals to facilitate thefts of firearms and to locate intended victims such as current or former judges, corrections officers, law-enforcement officers, adverse witnesses in judicial proceedings, victims of domestic violence and family members of these individuals;

    (B) Although the former enactment of section four of this article contained some deficiencies, incidents of disqualified individuals receiving licenses to carry concealed weapons in both this state and other states that have similar, nondiscretionary licensing systems are rare;

    (C) Sufficient public scrutiny of licensing systems can be achieved through comprehensive statistical reporting; and

    (D) Although the Right to Keep and Bear Arms Amendment does not provide an individual right to carry a concealed weapon without a license, an individual’s right to self-defense and effective access to the means of self-defense substantially outweigh all public policy arguments for maintaining public access to records identifying individual applicants for or current or former holders of licenses to carry concealed weapons.

    (22) As a matter of public policy, it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and to fully occupy and preempt the entire field of regulation of the carrying of concealed weapons to ensure that no person who qualifies under the provisions of section four of this article is denied his or her rights.

    (23) Section five of this article is enacted to establish a system of temporary emergency licenses to carry concealed weapons pending completion of the required demonstration of competence with a handgun under subsection (d), section four of this article, and the full performance of all required background checks under subsection (b), section four of this article, otherwise required to obtain a license to carry concealed weapons, to provide an adequate means of protection to victims of domestic violence and other serious crimes, witnesses who cooperate with law-enforcement and face the danger of immediate retaliation and other qualified individuals who develop a sudden and emergent need to carry a concealed weapon for personal protection.

    (24) In District of Columbia v. Heller, 554 U.S. ___ (2008), the Supreme Court of the United States held that the Second Amendment of the Constitution of the United States secures, as the right of an individual, the right to keep and bear arms for self-defense.

    (25) In McDonald v. Chicago, 561 U.S. ___ (2010), the Supreme Court of the United States held that the Second Amendment of the Constitution of the United States is incorporated against the states under the Fourteenth Amendment of the Constitution of the United States.

    (26) In both Heller and McDonald, the Supreme Court of the United States affirmed that an individual’s right to keep and bear arms for self-defense is “deeply rooted in this Nation’s history and tradition” and that the Second Amendment applies to handguns because they are “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family.” However, the Second Amendment’s protections are not limited to handguns or even firearms generally.

    (27) The Heller and McDonald decisions mark a beginning, rather than an end, of litigation and legislation that will develop and refine the body of Constitutional law on the full scope, nature, and limits of the Second Amendment’s protection of an individual’s right to keep and bear arms.

    (28) An individual’s right to keep and bear arms is as fundamental to our nation’s system of ordered liberty and as deeply rooted in this nation’s history and tradition as other fundamental, individual rights enumerated under the Constitution of the United States, e.g., freedom of speech, freedom of religion, freedom of the press, and freedom of assembly, as protected by the First Amendment of the Constitution of the United States.

    (29) A consistent, principled application of the extensive body of Constitutional law regarding the protection of fundamental individual rights, particularly those, such as the right to keep and bear arms under the Second Amendment, that are specifically enumerated in the Constitution, requires that all federal, state, and local government policies that implicate an individual’s right to keep and bear arms be subjected to strict judicial scrutiny with a presumption of unconstitutionality unless the government can demonstrate that the challenged policy is Constitutional by showing that the policy is necessary to achieve a compelling state interest and that the challenged policy is narrowly-tailored to achieve the intended result and does so by the least restrictive means possible.

    (30) Almost all regulations of firearms and firearm-related activities can be argued as necessary on some level to protect the public against both criminal and noncriminal, but nevertheless reckless, negligent, or accidental, deaths and injuries. However, as a necessary part of strict scrutiny, the burden must rest with the government to show substantial scientific proof that the challenged policy is actually necessary to achieve the purported compelling state interest.

    (31) The protection accorded to an individual’s right to keep and bear arms under the Second Amendment of the Constitution of the United States, as incorporated against the states by the Due Process Clause of the Fourteenth Amendment of the Constitution of the United States, and Article III, §22 of the Constitution of this state, like the protection accorded to other fundamental individual rights, represents a minimal standard of protection. It does not preclude the Legislature from enacting laws less restrictive than the most restrictive laws that would survive judicial scrutiny.

    (32) Some public buildings in this state may be subject to special security concerns that may necessitate a prohibition on the possession of weapons in all or parts of a particular public building. However, any concerns about purportedly sensitive locations must balance the applicable security concerns with respect for an individual’s right to keep and bear arms for self-defense and the overarching need to protect the safety of all persons within particularly sensitive areas. A mere prohibition on the possession of weapons, without adequate security measures to effectively enforce such prohibition guarantee the safety of the alleged sensitive area, not only creates a false sense of security for the alleged protected persons while actually increasing their exposure to violent crime by signaling to potential criminals that potential victims within a particular area are unarmed and unable to effectively defend themselves, but also would not meet strict judicial scrutiny in light of its empirical ineffectiveness. To effectively balance legitimate public building security concerns with an individual’s right to keep and bear arms and to genuinely protect the security of truly sensitive areas of public buildings, the Legislature specifies in section eleven-c of this article, detailed requirements for establishing secure restricted access areas in public buildings into which the possession or conveyance of deadly weapons may be prohibited, that balances the competing interests involved in regulating weapons in public buildings, which shall be the sole and exclusive procedure for establishing location-specific prohibitions on possessing or conveying weapons into public buildings and other public property, except where the Legislature has provided otherwise by section eight, article five of this chapter, and sections eleven-a and eleven-b of this article.

    (33) Many court proceedings bring together antagonistic litigants, witnesses and their relatives and friends and arouse and agitate personal grievances and passions that tend to trigger personal conflicts and altercations.

    (34) Some criminal cases involve defendants in custody who pose a flight risk, which must be mitigated by security measures designed to prevent escape and include securing the court facility and other areas to which the defendant in custody may have access from the introduction of weapons or other implements of escape.

    (35) The tendency of many court proceedings to produce sudden, passionate outbursts and altercations requires the imposition of enhanced security measures, including, but not limited to, the disarming of most individuals in court proceedings and the provision of armed bailiffs and security screening measures to prevent the introduction of weapons into court proceedings.

    (36) While the state has a legitimate interest in generally prohibiting the possession of weapons in court proceedings, imposing such prohibition throughout the entirety of any courthouse unnecessarily frustrates the right of individuals who are attending to business before the executive or legislative branches of government, which do not conduct the same sensitive proceedings as the judiciary, is unnecessary to adequately protect the security of court proceedings.

    (37) Each of the state’s court facilities are housed in unique courthouses of varying designs and configurations, many of which have implemented enhanced security measures for either the entire courthouse building or the court facilities specifically.

    (38) Due to the unique and widely-varying designs and configurations of each of the state’s courthouses, the Legislature finds impractical the imposition of a uniform rule governing the portions of courthouses in which weapons are prohibited and in which they are not.

    (39) To address the issues identified in subdivisions (24) through (38) of this section, the Legislature hereby replaces the general prohibition on possessing a deadly weapon within a courthouse with a narrowly-tailored prohibition limited to judges’ chambers and courtrooms with an option for the court or local governing body to include the court facility in a more expansive secure restricted access area under section eleven-c of this article.

    (40) To protect all persons entering and leaving areas in which the possession or conveyance of weapons is prohibited by subdivisions (1) through (4), subsection (b), section three of this article, or section eleven-b or eleven-c of this article, from the heightened danger of being targeted for the commission of a crime because of the general knowledge that persons traveling to and from a restricted area are disarmed, the Legislature directs the establishment of secure weapon storage areas at each place into which the possession or conveyance of weapons is prohibited by subdivisions (1) through (4), subsection (b), section three of this article, or section eleven-b or eleven-c of this article, to provide individuals who exercise their right to keep and bear arms for self-defense as a matter of ordinary course, a legal and safe means of personal protection and compliance with those sections.

    (41) A list, record or registry of legally-owned firearms, concealable weapons or law-abiding owners thereof is not a law enforcement tool and can become an instrument for profiling, harassing or abusing law-abiding citizens based on their choice to own a firearm or concealable weapon and exercise their individual right to keep and bear arms. Furthermore, such a list, record or registry has the potential to fall into the wrong hands and become a shopping list for thieves.

    (42) A list, record or registry of legally-owned firearms, concealable weapons or law-abiding owners of firearms or concealable weapons is not a tool for fighting terrorism, but rather is an instrument that can be used as a means to profile innocent citizens and to harass and abuse citizens based solely on their choice to own firearms or concealable weapons and exercise their individual right to keep and bear arms.

    (43) Lists, records and registries of legally-owned firearms, concealable weapons and law-abiding owners of firearms or concealable weapons have been used in other jurisdictions both domestically and internationally as the foundation for the eventual prohibition and confiscation of firearms or concealable weapons or certain classes of firearms or concealable weapons, in violation of the natural right of free people to keep and bear arms.

    (44) Law-abiding owners of firearms and concealable weapons whose names have been illegally recorded in a list, record or registry are entitled to redress.

    (45) There is a need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale and other transfer of concealable weapons, firearms and parts, components and ammunition for firearms (including without limitation the possession and carrying thereof in or on any public building or other property owned, leased or controlled by any public agency), and, except as specified in subsection (d), section sixteen of this article, for the Legislature, to the exclusion of all other public agencies in this state, to exercise exclusive occupation of and preempt the field of regulation in these areas.

    (46) It is the intent of the Legislature that disabilities regarding possession of firearms under subsection (a), section seven of this article, be construed as no more restrictive than 18 U.S.C. §922(g) except to the extent the Legislature has, in sections two and seven of this article, expressly decoupled state law from federal law and established more restrictive provisions under this article with respect to disregarding certain convictions of crimes punishable by imprisonment for a term exceeding one year based upon the restoration of civil rights.

    (47) The purpose of establishing multiple classes of licenses to carry concealed weapons under section four of this article is to create an efficient and effective mechanism to maximize West Virginia’s reciprocity with other states while not subjecting current licensees to fingerprinting or new training requirements or continuing to deny adults between eighteen and twenty years of age the full right to self-defense. The Legislature anticipates that based upon the system of multiple classes of licenses under section four of this article, other states that have more restrictive reciprocity requirements will liberally construe their respective laws to maximize the classes of licenses under section four of this article that they will honor. The Legislature has established the several classes of licenses under section four of this article with the intent of qualifying Class 1 licenses for reciprocity with every other state that has in effect some form of reciprocity law. The Legislature intends for states that require live fire shooting proficiency qualifications under their respective reciprocity laws to honor Class 1 licenses and, depending on their requirements for fingerprinting and minimum licensure age, Class 2 and 4 licenses. The Legislature intends for states that deny reciprocity to states that issue licenses to adults under 21 years of age to honor Class 1 licenses and, depending upon their respective requirements for fingerprinting and live fire shooting proficiency qualifications, Class 2 and 4 licenses. For these reasons, except as otherwise required to comply with federal law, all licensees of all classes under sections four and five of this article shall have equal rights, benefits, privileges and immunities under this code.

    (48) This legislation of the 2011 Regular Session of the Legislature shall be known and may be cited as “The West Virginia Gun Owners’ Protection Act of 2011".

§61-7-2. Definitions.

    In this article:

    (1) “Aggravated felony” means any felony crime of violence, felony drug offense or felony sexual offense.

    (2) “Alien” means any person not a citizen or national of the United States.

    (3) “Ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm other than an antique firearm.

    (4) “Antique firearm” means:

    (A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

    (B) Any replica of any firearm described in paragraph (A) of this subdivision if such replica:

    (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

    (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

    (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this paragraph, the term “antique firearm” does not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

    (5) “Blackjack” means a short bludgeon consisting, at the striking end, of an encased piece of lead or some other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact when a person or object is struck. The term “blackjack” includes, but is not limited to, a billy, billy club, sand club, sandbag or slapjack.

    (6) “Ballistic knife” means any knife with a detachable blade that is propelled by a spring-operated mechanism.

    (7) “Body armor” means any personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

    (8) “Club” means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes, but is not limited to, a blackjack, mace, metallic or false knuckles, nightstick, nunchuka or tomahawk.

    (9) “Concealable weapon” means any club, handgun, offensive knife, spring stick or other deadly weapons of like kind or character that can be easily concealed on the person. For the purposes of sections sixteen through twenty of this article, the term “concealable weapon” also includes any air gun, firearm or knife not otherwise included within this definition.

    (10) “Concealed weapon” means any deadly weapon that is hidden from ordinary observation so as to prevent disclosure or recognition to the extent that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For the purposes of section three of this article and subsection (c), section seven of this article, a handgun is not concealed if it is carried in: (i) A manner where any portion of the handgun or holster in which the handgun is carried is visible; (ii) a holster that is wholly or partially visible; or (iii) a scabbard or case designed for carrying one or more handguns that is wholly or partially visible.

    (11) “Contacted by a law-enforcement officer” means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law-enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.

    (12) “Controlled substance” has the same meaning as in section one hundred one, article one, chapter sixty-a of this code.

    (13) “Conviction” or “convicted,” for the purposes of determining whether a person is eligible to obtain or hold a license to carry concealed weapons or prohibited from possessing firearms, shall be determined in accordance with the law of the jurisdiction in which the proceedings were held, but does not include any conviction which has been expunged, set aside, vacated or for which the person has been pardoned, unless the expungement or pardon expressly provides that the person may not possess firearms.

    (14) “Court facility” means the courtroom of the Supreme Court of Appeals, a circuit court, a family court, a magistrate court or a municipal court; the chambers of any justice, judge or magistrate; those portions of a courthouse designated as witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells or law library; and offices of the court clerks or other employees of the judicial department of this state; but does not include any common area of ingress or egress to a courthouse that provides access to any area of a courthouse not comprising a court facility.

    (15) “Courthouse” means any state or local government office facility that houses a court facility.

    (16) “Crime punishable by imprisonment for a term exceeding one year” does not include:

    (A) Any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices;

    (B) Any state offense classified by the laws of the state in which the offense was committed as a misdemeanor and, punishable by a term of imprisonment of two years or less;

    (C) Any conviction whose effect is disregarded pursuant to subdivision (12) of this section;

    (D) Any offense other than an aggravated felony for which the person has had civil rights restored, unless:

    (i) The restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms; or

    (ii) Less than five years have elapsed since the completion of any sentence, probation, parole, other supervision and payment in full of all fines, court costs and restitution, whichever last occurs; or

    (E) Any aggravated felony for which the person has had civil rights restored pursuant to a discretionary process in the jurisdiction in which the offense was committed under which the person was not entitled to restoration of civil rights as a matter of right and the person received restoration of civil rights based upon an individualized determination and review of the person by the officer, agency, board, commission, court or other tribunal granting restoration of civil rights in which the person was granted restoration of civil rights as an expressly, individually-named person and not as a member of any group or class of persons, unless:

    (i) The restoration of civil rights provides that the person may not ship, transport, possess, carry or receive firearms;

    (ii) Under the laws of the jurisdiction in which the offense was committed and civil rights were restored, the restoration of civil rights failed to remove all legal disabilities under the laws of that jurisdiction relating to shipping, transporting, possessing, carrying or receiving firearms or concealed weapons that resulted from the conviction;

    (iii) Less than ten years have elapsed since the completion of any sentence, probation, parole, other supervision and payment in full of all fines, court costs, restitution and civil judgments arising from the acts or omissions to which the conviction pertained, whichever last occurs; or

    (iv) Subsequent to the person’s conviction for any prior aggravated felony whose conviction is not disregarded pursuant to subdivision (12) of this section, the person has been convicted of any aggravated felony whose conviction is not disregarded pursuant to subdivision (12) of this section.

    (17) “Deadly weapon” means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use and includes, but is not limited to, firearms, antique firearms and concealable weapons. For the purposes of section one-a, article five, chapter eighteen-a of this code and sections eleven-a through eleven-d of this article, the term “deadly weapon” also includes explosive, chemical, biological and radiological materials. For the purposes of section one-a, article five, chapter eighteen-a of this code and section eleven-a of this article, the term “deadly weapon” does not include any item or material owned by the school or board of education, intended for curricular use, and used by the defendant at the time of the alleged offense solely for curricular purposes.

    (18) “Drug” has the same meaning as in section one hundred one, article one, chapter sixty-a of this code.

    (19) “Family or household member” has the same meaning as in section two hundred four, article twenty-seven, chapter forty-eight of this code.

    (20) “Felony crime of violence”:

    (A) Means any felony that:

    (i) Has as an element the use, attempted use, or threatened use of physical force, against another person or the presentment or use of a deadly weapon, or

    (ii) By its nature, involves a substantial risk that physical force against another person may be used in the course of committing the offense;

    (B) Includes without limitation, but is not limited to, the following offenses:

    (i) Treason under section one, article one of this chapter;

    (ii) Murder under sections one, two or three, article two of this chapter;

    (iii) Attempt to kill or injure by poison under section seven, article two of this chapter;

    (iv) Malicious wounding under subsection (a), section nine, article two of this chapter;

    (v) Assault during the commission of or attempt to commit a felony under section ten, article two of this chapter;

    (vi) Malicious assault or unlawful assault under section ten-b, article two of this chapter;

    (vii) Robbery or attempted robbery under section twelve, article two of this chapter;

    (viii) Kidnapping or holding a person hostage under section fourteen-a, article two of this chapter;

    (ix) First or second degree arson under sections one or two, article three of this chapter;

    (x) Causing injuries during an arson-related crime under section seven, article three of this chapter, regardless of the degree of the underlying arson offense involved;

    (xi) Any felony under section eight, article five of this chapter not involving a controlled substance;

    (xii) A felony offense of retaliating against a juror or witness for performing his or her official duties in an official proceeding, in violation of section twenty-seven, article five of this chapter, if such offense involved actual violence or threats of violence;

    (xiii) Any sexually violent offense as defined in article twelve, chapter fifteen of this code;

    (xiv) Any attempt or conspiracy to commit any of the offenses described in subparagraphs (i) through (xiii) of this paragraph; but

    (C) Does not include any conviction whose effect is disregarded pursuant to subdivision (12) of this section.

    (21) “Felony drug offense”:

    (A) Means any:

    (i) Felony under sections four hundred one, four hundred six, four hundred nine or four hundred eleven, article four, chapter sixty-a of this code;

    (ii) Felony involving a controlled substance under section eight, article five of this chapter; or

    (iii) Unlawful act committed in violation of federal law or the law of any other state that:

    (I) Is a felony or crime punishable by imprisonment for a term exceeding one year in the jurisdiction in which the offense was committed; and

    (II) Would, if committed in this state, based upon the facts determined by the trier of fact beyond a reasonable doubt in the proceedings in which the conviction was had, constitute an offense described in subparagraph (i) or (ii) of this paragraph; but

    (B) Does not include any conviction whose effect is disregarded pursuant to subdivision (12) of this section.

    (22) “Felony sexual offense”:

    (A) Means any felony upon conviction of which a person is required to register for any period of time as a sex offender under article twelve, chapter fifteen of this code;

    (B) Includes, but is not limited to:

    (i) Any offense under the following provisions of this chapter that, at the time the offense was committed, was punishable as a felony:

    (I) Section fourteen, article two;

    (II) Sections six, seven or twelve, article eight of this chapter; or

    (III) Article eight-b, including the provisions of former section six of said article, relating to the offense of sexual assault of a spouse, which was repealed by Chapter 85, Acts of the Legislature, 2000 Regular Session;

    (IV) Article eight-c;

    (V) Sections five or six, article eight-d;

    (VI) Section fourteen-b, article three-c, as it relates to violations of those provisions of this chapter that are listed in clauses (I) through (IV) of this paragraph; or

    (ii) Any unlawful act committed in violation of federal law or the law of any other state that:

    (I) Is a felony or crime punishable by imprisonment for a term exceeding one year in the jurisdiction in which the offense was committed; and

    (II) Would, if committed in this state, based upon the facts determined by the trier of fact beyond a reasonable doubt in the proceedings in which the conviction was had, constitute an offense described in subparagraph (i) of this paragraph; but

    (C) Does not include any conviction whose effect is disregarded pursuant to subdivision (12) of this section.

    (23) “Firearm” means any weapon which will, is designed to or may readily be converted to expel a projectile by action of an explosion. However, for the purposes of section seven of this article and section six, article five, chapter twenty-seven of this code, the term “firearm” does not include an antique firearm. For the purposes of section nine of this article, “firearm” has the same meaning as in 26 U.S.C. §5845(a), as it exists as of January 1, 2011. For the purposes of section fourteen-a of this article, in addition to the meaning otherwise given by this subdivision, “firearm” also includes all ammunition and accoutrements attendant to the lawful possession or use of a firearm.

    (24) “Fugitive from justice” means any person who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.

    (25) “Gravity knife” means any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force and when so released is locked in place by means of a button, spring, lever or other locking or catching device.

    (26) “Handgun” means any firearm which has a short stock and is designed to be held and fired by the use of a single hand and includes any pistol or revolver.

    (27) “Higher education institution” has the same meaning as in section two, article one, chapter eighteen-b of this code.

    (28) “Indictment” includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

    (29) “Intimate partner” means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.

    (30) “Intoxication-related offense”:

    (A) Means any criminal offense:

    (i) That includes an element that the person:

    (I) Be under the influence of alcohol;

    (II) Be under the influence of a controlled substance or other drug;

    (III) Be under the combined influence of alcohol, a controlled substance or any other drug; or

    (IV) Have a blood alcoholic concentration of eight hundredths of one percent or more, by weight; and

    (ii) For which the person was convicted was pursuant to one or more of the elements described in clauses (I) through (IV), subparagraph (i) of this paragraph; and

    (B) Includes:

    (i) Any offense under section two, article five, chapter seventeen-c of this code other than the acts of (I) driving a vehicle while under the age of 21 years with an alcohol concentration in the person’s blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight and (II) knowingly permitting the person’s vehicle to be driven in violation of that section;

    (ii) Any offense under section eighteen-b, article seven, chapter twenty of this code other than the acts of (I) operating a motorboat, jet ski or other motorized vessel while under the age of 21 years with an alcohol concentration in the person’s blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight and (II) knowingly permitting the person’s motorboat, jet ski or other motorized vessel to be operated in this state in violation of that section;

    (iii) Any offense under section eleven, article two-a, chapter twenty-nine of this code other than knowingly permitting the person’s aircraft to be operated in this state in violation of that section;

    (iv) Public intoxication in violation of subdivision (1), subsection (a), section nine, article six, chapter sixty of this code; or

    (v) Any offense under any municipal ordinance or law of any other state or political subdivision thereof or of the United States that has the same elements as any offense described in subparagraphs (i) through (iv) of this paragraph.

    (31) “Knife” means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. The term “knife” includes, but is not limited to, any offensive knife or any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term “knife” as defined in this subdivision and shall not be considered an offensive knife, concealable weapon or deadly weapon unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.

    (32) “Law-enforcement officer” means:

    (A) Any law-enforcement officer or law-enforcement official, as those terms are defined in section one, article twenty-nine, chapter thirty of this code;

    (B) Law-enforcement agents of the Armed Forces of the United States, the Naval Criminal Investigative Service and federal agents who are otherwise authorized by federal law to carry firearms in the performance of their duties, including without limitation the officers described in subsection (b), section five, article ten, chapter fifteen of this code; or

    (C) Any law-enforcement officer or law-enforcement official of any state or other political subdivision of the United States whose duties are similar to those of a law-enforcement officer or law-enforcement official of this state and who is authorized to carry firearms in the performance of his or her duties.

    (33) “Licensed firearm dealer” means any person licensed as a dealer under 18 U.S.C. Chapter 44 (18 U.S.C. §§921 et seq.).

    (34) “Loaded,” with respect to a firearm, means that the firearm:

    (A) Has live, unexpended ammunition in the firing position or a position whereby the manual operation of any mechanism once would cause live, unexpended ammunition to be fired;

    (B) Has live, unexpended ammunition in a magazine that is locked in place in the firearm;

    (C) Has live, unexpended ammunition anywhere in the cylinder, if the firearm is a revolver; or

    (D) Is capped or primed and has a powder charge and ball or shot in the barrel or cylinders, if the firearm is a muzzle-loader.

    (35) “Metallic or false knuckles” means a set of finger rings attached to a transverse piece to be worn over the front of the hand for use as a weapon and constructed in such a manner that, when striking another person with the fist or closed hand, considerable physical damage may be inflicted upon the person struck, without regard to the metal or other substance or substances from which the metallic or false knuckles are made.

    (36)(A) Except as otherwise provided in this subdivision, “misdemeanor crime of violence”:

    (i) Means any offense other than a crime punishable by imprisonment for a term exceeding one year or a traffic offense under chapter seventeen-c of this code or a similar municipal ordinance or law of another state, that has, as an element of the offense, the intentional or knowing commission of an act involving:

    (I) The use or attempted use of physical force against another person;

    (II) The threatened immediate use of a deadly weapon against another person; or

    (III) Any other act done with intent to cause fear in another person of such other person suffering immediate bodily harm or death; and

    (ii) Includes, without limitation, any offense under sections nine, nine-a, ten-b, eleven, fifteen, fifteen-a, sixteen-a, twenty-eight or twenty-nine, article two of this chapter or section eleven of this article, other than any offense that is a crime punishable by imprisonment for a term exceeding one year, or any offense under federal law or the laws of another state or political subdivision thereof, other than an offense that is a crime punishable by imprisonment for a term exceeding one year, that, if committed within this state, would constitute an offense under sections nine, nine-a, ten-b, eleven, fifteen, fifteen-a, sixteen-a, twenty-eight or twenty-nine, article two of this chapter or section eleven of this article.

    (B) A person shall not be considered to have been convicted of such an offense for purposes of this article, unless:

    (i) The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

    (ii) In the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either:

    (I) The case was tried by a jury, or

    (II) The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

    (C) A person shall not be considered to have been convicted of such an offense for purposes of this article if the conviction’s effect is disregarded pursuant to subdivision (12) of this section.

    (37)(A) Except as otherwise provided in this subdivision, “misdemeanor drug offense” means any misdemeanor offense under section four hundred one, four hundred three-a or four hundred nine, article four, chapter sixty-a of this code or an offense under federal law or the law of any other state, other than a felony or a crime punishable by imprisonment for a term exceeding one year, that, if committed in this state, would constitute a misdemeanor offense under section four hundred one, four hundred three-a or four hundred nine, article four, chapter sixty-a of this code.

    (B) A person shall not be considered to have been convicted of such an offense for purposes of this article, unless:

    (i) The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

    (ii) In the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either:

    (I) The case was tried by a jury, or

    (II) The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

    (C) A person shall not be considered to have been convicted of such an offense for purposes of this article if the conviction’s effect is disregarded pursuant to subdivision (12) of this section.

    (38) “Motor vehicle” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    (39) “Nonresident” has the same meaning as in section one, article one, chapter seventeen-b of this code.

    (40) “Nunchuka” means a flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope or other nonrigid, flexible or springy material, constructed in such a manner as to allow the rigid parts to swing freely so that one rigid part may be used as a handle and the other rigid part may be used as the striking end.

    (41) “Offensive knife” means a:

    (A) Knife with a blade over three and one-half inches;

    (B) Hand instrument designed to cut or stab another by being thrown, including, but not limited to, any throwing star or oriental dart;

    (C) Ballistic knife;

    (D) Dagger, including, but not limited to, a dirk, stiletto or poniard;

    (E) Bowie knife;

    (F) Gravity knife;

    (G) Switchblade knife;

    (H) Sword; or

    (I) Spear, but does not include any pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement.

    (42) “Personal knowledge” means knowledge of a fact that a person has himself or herself gained through his or her own senses, or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his or her official duties.

    (43) “Personally-identifying information” includes, but is not limited to, the name, date of birth, Social Security number, residence address, mailing address, telephone number or e-mail address of any person.

    (44) “Pistol” means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.

    (45) “Place of instruction” includes, but is not limited to, any hunting club, rifle club, rifle range, pistol range, shooting range, the premises of a licensed firearm dealer or a lawful gun show or meet.

    (46) “Private property” does not include any real or personal property owned, leased or controlled, in whole or in part, by any public agency, regardless of whether the property is generally open to the public or subject to access restrictions.

    (47) “Private property owner” means any property owner other than:

    (A) The United States;

    (B) A public agency; or

    (C) A lessee or other person charged with the care, custody or control of any property owned, leased or controlled by a public agency, except where the person is a lessee of a residential premises or is exercising temporary control over other premises the person exclusively occupies as a temporary place of lodging.

    (48) “Property owner” means an owner, lessee or other person charged with the care, custody and control of real property. For the purposes of this definition, “person” means an individual or any entity which may acquire title to real property.

    (49) “Prosecutor” means any prosecuting attorney or assistant prosecuting attorney of this state, any United States attorney or assistant United States attorney, any officer, employee or agent of another state or political subdivision thereof who exercises powers substantially similar to those of a prosecuting attorney or assistant prosecuting attorney of this state, or any special prosecutor of this state, the United States or another state or political subdivision of another state.

    (50) “Public agency” means:

    (A) This state or any political subdivision of this state;

    (B) Any department, agency, authority, board, commission, council, state institution of higher education, airport operator as defined in section two, article twenty-nine-b, chapter eight of this code, government corporation or other entity or instrumentality of this state or any political subdivision of this state;

    (C) Any public agency within the meaning of section two, article nine-a, chapter six of this code;

    (D) Any public body within the meaning of section two, article one, chapter twenty-nine-b of this code;

    (E) Any other entity or instrumentality:

    (i) Whose chief executive or administrative officer or a majority of whose board of directors or substantially similar governing body, is elected, appointed or subject to the confirmation of or removal by one or more entities described in paragraphs (A), (B), (C) or (D) of this subdivision;

    (ii) That receives a majority of its annual operating revenue from one or more entities described in paragraphs (A), (B), (C) or (D) of this subdivision; or

    (iii) For the purposes of subdivisions (46) and (47) of this section and sections four, five, eleven-c, eleven-d, fourteen, fourteen-a, sixteen, seventeen and twenty of this article, that is a recipient of any form of financial assistance, direct or indirect, from any entity described in paragraphs (A), (B), (C) or (D) of this subdivision, for any program or activity. For the purposes of this subparagraph, the term “program or activity” includes all of the operations of:

    (I) A higher education institution, primary or secondary school or other school system, whether public or private, any part of which is extended financial assistance, direct or indirect, from any entity described in paragraphs (A), (B), (C) or (D) of this subdivision;

    (II) An entire corporation, partnership, limited liability company or other private organization or legal entity, any part of which is extended financial assistance, direct or indirect, from any entity described in paragraphs (A), (B), (C) or (D) of this subdivision; or

    (III) Any agency, as defined by section one hundred four, article twenty-two, chapter forty-eight of this code, or child-placing agency, as defined in section two, article two-b, chapter forty-nine of this code; or

    (F) Any officer, director, employee or other agent of any entity described in paragraphs (A) through (E) of this subdivision, when acting in his or her representative capacity.

    (51) “Public building” means any building that is owned by a public agency or those portions of any building that is not owned by a public agency that is leased or controlled by a public agency.

    (52) “Public event” means a specifically named or sponsored event of limited duration that is conducted by:

    (A) A public agency;

    (B) A higher education institution; or

    (C) A private entity with a permit or license granted by any public agency,but does not include any unsponsored gathering of people in any public place.

    (53) “Qualified out-of-state license or permit to carry concealed weapons” means any license or permit that:

    (A) Authorizes the licensee or permittee to carry:

    (i) Concealed weapons generally; or

    (ii) Any one or more handguns in a concealed manner, regardless of whether the license or permit contains restrictions that limit the scope of the license or permit to:

    (I) Only handguns or similar classification of firearms, to the exclusion of other types or classes of firearms or concealable weapons, or to specific, listed handguns or types, classes or calibers of handguns or similar classifications of firearms; or

    (II) Times, places or purposes for which the licensee or permittee may lawfully carry the licensed or permitted weapons; and

    (B) Under the laws of the issuing state, throughout the issuing state and all of its political subdivisions, the license:

    (i) Is current, valid and unexpired; or

    (ii) Is extended beyond the expiration date printed on the license pursuant to any law of the issuing state, including, but not limited to, any extension for a deployed servicemember or any licensee who has applied for a renewal of the license.

    (54) “Qualified out-of-state licensee” means any person who is:

    (A) A licensee or permittee pursuant to a qualified out-of-state license or permit to carry concealed weapons;

    (B) Not less than the minimum age specified in section four of this article as the minimum age to apply for licensure under section four of this article;

    (C) Not prohibited by federal law, including without limitation 18 U.S.C. §922(g) and (n), as they exist as of January 1, 2011, from possessing or transporting firearms;

    (D) Not prohibited by section seven of this article from possessing firearms or carrying a concealed weapon in a public place; and

    (E)(i) A nonresident;

    (ii) A new resident of this state who has established residence in this state within the immediate preceding ninety days unless, during such period and subsequent to the establishment of residence in this state:

    (I) The person applied for a license under section four of this article; and

    (II) The sheriff to whom the person applied for a license under section four of this article, made a final decision to deny a license, unless the denial was based primarily upon the applicant’s failure to meet the requirements of subdivision (2), subsection (a), section four of this article, the applicant’s failure to have a driver’s license or nondriver state photo identification issued by this state or a combination thereof;

    (iii) A new resident of this state who has established residence in this state for a period greater than the period specified in subparagraph (ii) of this paragraph if, prior to the expiration of the period specified in subparagraph (ii) of this paragraph:

    (I) The person applied for a license under section four of this article and possesses an application receipt issued by the sheriff pursuant to subdivision (1), subsection (f), section four of this article; and

    (II) The sheriff to whom the person applied for a license under section four of this article, has not made a final decision on granting or denying the license; or

    (iv) A servicemember whose permanent duty station is located outside this state or the spouse of a servicemember whose permanent duty station is located outside this state. Nothing contained in this subparagraph may be deemed to disqualify a person described in this subparagraph from obtaining a license under section four or five of this article upon the basis of place of residence or to deem any person described in this subparagraph a nonresident for any other purpose.

    (55) “Readily accessible for immediate use” or “about the person” means that a deadly weapon or ammunition for a firearm is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    (56) “Revolver” means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.

    (57) “School bus” has the same meaning as in section one, article one, chapter seventeen-a of this code.

    (58) “School safety zone” means:

    (A) Any public or private primary or secondary school building and its improved grounds, whether leased or owned by the school, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted;

    (B) The interior of a school bus while that school bus is actually in use by any school described in paragraph (A) of this subdivision for the purpose of transporting one or more primary or secondary school students to or from school or school-related activities, including curricular, cocurricular, extracurricular or supplementary activities; or

    (C) That portion of any property not described in paragraph (A) of this subdivision that is open to the public and then used exclusively for a school-sponsored function or curricular, cocurricular, extracurricular or supplementary activity, while that function or activity is occurring.

    (59) “Secure restricted access area”:

    (A) Means a secure area beyond a security perimeter and security checkpoints where all visitors are screened for weapons prohibited within the area, a secure weapon storage area is provided and in which the safety of all occupants of the area is protected by the security perimeter and the significant presence of law-enforcement officers or professional security guards; and

    (B) Does not include common areas of ingress and egress open to the general public outside the security perimeter and checkpoints.

    (60) “Secure weapon storage area” means a facility maintained in conjunction with any area within which the possession or carrying of firearms or other deadly weapons is restricted or prohibited that:

    (A) Provides free storage of any deadly weapon otherwise lawful for the depositor to possess whose possession within the area within which the possession or carrying of deadly weapons or firearms is restricted or prohibited;

    (B)(i) Provides, free of charge, self-service storage lockers consisting of individual stationary locked boxes not less than one foot wide by one foot high by two feet deep when the locker is closed, resulting in an interior capacity of not less than two cubic feet, into which a person can secure his or her weapons, ammunition and other personal effects, lock the box, retain the key during his or her presence in the area within which the possession or carrying of firearms or other deadly weapons is restricted or prohibited and personally unlock the box and retrieve the items stored in it upon leaving the area within which the possession or carrying of firearms or other deadly weapons is restricted or prohibited; or

    (ii) Designates an official to receive weapons for safekeeping, free of charge, during the depositor’s visit to restricted areas of the building, who tags each weapon stored and issues a corresponding receipt that protects the weapon from misplacement or erroneous transfer and enables the depositor to retrieve the weapon upon exiting the area within which the possession or carrying of deadly weapons or firearms is restricted or prohibited; and

    (C) Which is open for retrieval at all times the area within which the possession or carrying of deadly weapons or firearms is restricted or prohibited is occupied plus a reasonable amount of time thereafter for a depositor who has lawfully entered and remained in the area within which the possession or carrying of deadly weapons or firearms is restricted or prohibited to retrieve the weapon and not be unduly denied restoration of his or her lawful possession of the weapon upon leaving the area within which the possession or carrying of deadly weapons or firearms is restricted or prohibited.

    (61) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

    (62) “Servicemember” means a member of the uniformed services, as that term is defined in 10 U.S.C. §101(a)(5) as it exists as of January 1, 2011, and any member of the National Guard while on active service, as that term is defined in 10 U.S.C. §101(d)(3) as it exists as of January 1, 2011.

    (63) “Spring stick” means a spring-loaded metal stick activated by pushing a button which rapidly and forcefully telescopes the weapon to several times its original length.

    (64) “State institution of higher education” has the same meaning as in section two, article one, chapter eighteen-b of this code.

    (65) “State or local government office facility” means any public building in which employees of a public agency regularly are present for the purpose of performing their official duties as employees of the public agency, but excludes: (i) Any public building that is used primarily as a shelter, restroom or rest facility; (ii) any public building or portion of a public building that is used as a parking facility for motor vehicles; or (iii) any portion of any other public building accessible only from the exterior of the public building that is used as a restroom.

    (66) “Superintendent” means the Superintendent of the State Police.

    (67) “Switchblade knife” means any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch or other releasing device in its handle.

    (68) “The military forces of this state” means the military forces of the state, as defined in section one, article one, chapter fifteen of this code.

    (69) “Unloaded,” with respect to a firearm, means that a firearm is not loaded, as defined in subdivision (34) of this section.

    (70) “West Virginia law-enforcement agency” has the same meaning as in section one, article twenty-nine, chapter thirty of this code.

§61-7-3. Carrying concealed weapon; prohibited acts; exceptions; penalties.

    (a) Any Except as otherwise provided by subsections (c) and (d) of this section, any person who lawfully carries a about his or her person any concealed deadly weapon without a state license or other lawful authorization established under the provisions issued pursuant to section four or five of this code article shall, be whenever he or she is contacted by a law-enforcement officer:

    (1) Immediately disclose to the law-enforcement officer that he or she is lawfully carrying one or more concealed weapons without a license;

    (2) Completely and truthfully answer all inquiries by the law-enforcement officer concerning the description, location and number of concealed weapons the person is lawfully carrying;

    (3) Completely and truthfully answer all requests by the law-enforcement officer for the person to state his or her full legal name, any aliases by which he or she has ever been known, date and place of birth, current home address and any other personally-identifying information or personal biographical history information that may be reasonably necessary for the law-enforcement officer to ascertain the person’s true identity and determine whether the person is prohibited by federal law or the laws of this state from carrying the concealed weapon; and

    (4) Submit to any lawful request of a law-enforcement officer to:

    (A) Permit the law-enforcement officer to take temporary custody of and secure all deadly weapons in the person’s possession during the duration of the contact. Unless the law-enforcement officer arrests the person, the law-enforcement officer shall, upon termination of the contact, return all weapons to the person in the same condition and configuration as they were taken; or

    (B) Secure all deadly weapons in the person’s possession at the direction of the law-enforcement officer during the duration of the contact.

    (b) Except as otherwise provided by subsections (c) through (e) of this section, a person may not knowingly carry about his or her person any concealed weapon without a state license issued pursuant to section four or five of this article when the person is knowingly:

    (1) Within any state or local government office facility, or any portion thereof, in which the public agency in control of the state or local government office facility, or portion thereof, has:

    (A) Posted at every entrance to the state or local government office facility, or portion thereof, signs conforming to the specifications of section fifteen of this article that include the following text: “Pursuant to WV Code §61-7-3(b)(1), carrying a concealed weapon without a license beyond this point is prohibited by law. This facility provides free, secure weapon storage for individuals to check their weapons while in these premises.”; and

    (B) Established at every entrance to the state or local government office facility, or portion thereof, a secure weapon storage area for any person to check and store any weapons the person is carrying while the person is within the posted area and immediately retrieve the same upon leaving the posted area;

    (2) In any room in which a meeting of either house of the Legislature or any governing body, as defined in section two, article nine-a, chapter six of this code, is occurring, if the applicable body has:

    (A) Posted at every entrance to the meeting room or gallery, signs conforming to the specifications of section fifteen of this article that include the following text: “Pursuant to WV Code §61-7-3(b)(2), carrying a concealed weapon without a license beyond this point is prohibited by law. This facility provides free, secure weapon storage for individuals to check their weapons while in these premises.”; and

    (B) Established at every entrance to the meeting room or gallery, a secure weapon storage area for any person to check and store any weapons the person is carrying while the person is within the posted area and immediately retrieve the same upon leaving the posted area;

    (3) Attending any public event where the sponsor, organizer, promoter or other person in charge of the public event, or an agent thereof, has:

    (A) Posted at every entrance to the public event, signs conforming to the specifications of section fifteen of this article that include the following text: “Pursuant to WV Code §61-7-3(b)(3), carrying a concealed weapon without a license at this event is prohibited by law. Free, secure weapon storage is available for individuals to check their weapons while attending this event.”; and

    (B) Established at every entrance to the public event, a secure weapon storage area for any person to check and store weapons while the person is attending the public event and immediately retrieve the same upon leaving the public event;

    (4) Within any building owned or leased by a higher education institution, or any portion thereof, if:

    (A) Signs conforming to the specifications of section fifteen of this article are posted at every entrance to the building, or portion thereof, that include the following text: “Pursuant to WV Code §61-7-3(b)(4), carrying a concealed weapon without a license beyond this point is prohibited by law.” If the building is subject to the provisions of paragraph (B) of this subdivision, the signs shall also state: “This facility provides free, secure weapon storage for individuals to check their weapons while in these premises.”; and

    (B) If the higher education institution is a public agency for the purposes of section sixteen of this article, the institution provides a secure weapon storage area for any person to check and store any weapons the person is carrying while the person is within the posted area and immediately retrieve the same upon leaving the posted area;

    (5) On any private property where the private property owner has posted signs conforming to the specifications of section fifteen of this article that include the following text: “Pursuant to WV Code §61-7-3(b)(5), carrying a concealed weapon without a license on these premises is prohibited by law.”; or

    (6) In the private residence or dwelling place of another person or the curtilage thereof.

    (c) Subsections (a) and (b) of this section do not apply to:

    (1) Any person who is in his or her residence, temporary place of abode or fixed place of business or in or on any private property the person or any family or household member of the person possesses or controls as an owner, lessee, tenant or licensee;

    (2) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, or subsection (a), section seven of this article, and is carrying any concealed weapon in a place not described in subdivision (1), (2), (3), (4) or (5), subsection (b) of this section:

    (A) When the concealed weapon is a firearm that is unloaded and:

    (i) Broken down in a nonfunctioning state;

    (ii) Securely encased;

    (iii) Enclosed in a case, firearm carrying box, shipping box or other container, other than as described in subparagraph (ii) of this paragraph; or

    (iv) The firearm and ammunition capable of being discharged from that firearm are not both readily accessible for immediate use; or

    (B) When the concealed weapon is not a firearm and is securely encased in a locked container that renders the concealed weapon not readily accessible for immediate use;

    (3) When the concealed weapon is securely encased within or upon any vehicle, vessel or other means of transportation or conveyance on land or water; or

    (4) When the person is:

    (A) Engaged in lawful hunting, trapping or fishing or traveling to or from a place of lawful hunting, trapping or fishing;

    (B) Camping, hiking, backpacking, farming, ranching or engaged in any other lawful outdoor activity in which weapons are often carried for recreation or protection;

    (C) Engaged in lawful target practice; or

    (D) Engaged in instruction at a place of instruction intended to teach the safe handling, maintenance or use of the concealed weapon.

    (d) Subsections (a) and (b) of this section and any provisions of this code from which licensees under section four or five of this article are exempt do not apply to:

    (1) A qualified out-of-state licensee;

    (2) Any law-enforcement officer;

    (3) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, not prohibited by section seven of this article from possessing firearms or carrying a concealed weapon in a public place, who is a prosecutor or a duly appointed investigator employed by a prosecutor;

    (4) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, not prohibited by section seven of this article from possessing firearms or carrying a concealed weapon in a public place, who is a justice, judge or magistrate, or a senior status justice or judge, who exercises the judicial power of this state under Article VIII of the Constitution of this state or the judicial power of the United States under Article III of the United States Constitution;

    (5) Any member of the Armed Forces of the United States or the military forces of this state, who is on duty;

    (6) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, or subsection (a), section seven of this article, who is an officer, agent or employee of this state, any political subdivision of this state, the United States or any other state or political subdivision thereof, who is authorized by the laws of his or her jurisdiction to possess or carry firearms or other weapons in the course of performance of his or her official duties, while he or she is conducting official business;

    (7) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, or subsection (a), section seven of this article, and has been summoned to the aid of any officer or agent of the United States, this state or any political subdivision of this state pursuant to any federal law or law of this state requiring the person to aid such officer or agent, while the person is acting in the course of performance of the aid he or she has been summoned to render;

    (8) Any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, not prohibited by section seven of this article from possessing firearms or carrying a concealed weapon in a public place, possesses an expired license that was previously issued pursuant to section four of this article and is eligible to obtain a new license under section four of this article; or

    (9) Any person who has specific statutory authorization under federal law or another provision of this code to carry firearms or concealed weapons, subject to any conditions or limitations contained in such authorization.

    (e) Subsection (b) of this section does not apply to any person who is not prohibited from possessing firearms by 18 U.S.C. §922(g), as it exists as of January 1, 2011, and not prohibited by section seven of this article from possessing firearms or carrying a concealed weapon in a public place, when the person is:

    (1) Carrying the weapon to or from any courtroom, judge’s chambers or court proceeding as authorized by section eleven-b of this article;

    (2) In a public building and is expressly authorized by the officer or agency that controls the public building to carry a concealed weapon without a license in that public building;

    (3) In a place described in subdivision (2), subsection (b) of this section, and is expressly authorized by the applicable house of the Legislature or governing body to carry a concealed weapon without a license in a meeting of that house of the Legislature or governing body;

    (4) In a place described in subdivision (3) or (4), subsection (b) of this section, and is expressly authorized by the authorities in charge of the public event or higher education institution to carry a concealed weapon without a license;

    (5) On private property and has the express permission of the private property owner to carry a concealed weapon without a license on the premises;

    (6) In or on any parking garage, parking lot or other motor vehicle parking facility; or

    (7) Carrying a concealed weapon to the extent reasonably necessary to convey the weapon to a secure weapon storage area established pursuant to subdivision (1), (2), (3) or (4), subsection (b) of this section upon entering a place described in subdivision (1), (2), (3) or (4), subsection (b) of this section, check and store the weapon in the secure weapon storage area during the person’s presence in a place described in subdivision (1), (2), (3) or (4), subsection (b) of this section and remove the weapon from the secure weapon storage area and convey the weapon outside a place described in subdivision (1), (2), (3) or (4), subsection (b) of this section upon the person’s departure from a place described in subdivision (1), (2), (3) or (4), subsection (b) of this section.

    (f) A licensee under section four or five of this article or person described in subdivision (1) or (8), subsection (d) of this section shall, whenever he or she is carrying a concealed weapon under the authority of that license or engaging in any other activity that, under the laws of this state, would be unlawful in the absence of such license:

    (1) Carry his or her license on or about his or her person or in a place from which the person may retrieve it within a reasonable amount of time;

    (2) If the license does not contain the licensee’s photograph, carry a driver’s license or a photo identification issued by the licensee’s state of residence or the United States that contains the licensee’s photograph, on or about his or her person or in a place from which the licensee may retrieve it within a reasonable amount of time; and

    (3) When contacted by a law-enforcement officer, display the license and, if subdivision (2) of this subsection is applicable, the photo identification required by subdivision (2) of this subsection, if the law-enforcement officer requests the person display the license.

    (g) A licensee under section four or five of this article or any person who is authorized by subsection (c) or (d) of this section to carry a concealed weapon without a license shall, whenever he or she is carrying about his or her person a concealed weapon under the authority of that license or engaging in any other activity that, under the laws of this state, would be unlawful in the absence of a license or other lawful authorization to carry a concealed weapon, shall:

    (1) When contacted by a law-enforcement officer, accurately and completely answer any inquiries by a law-enforcement officer regarding whether the person is lawfully carrying any concealed weapons and the locations and description of all concealed weapons the person is lawfully carrying about his or her person; and

    (2) When contacted by a law-enforcement officer, submit to a lawful request of a law-enforcement officer to permit the law-enforcement officer to take temporary custody of and secure all deadly weapons in the person’s possession or secure the weapons at the direction of the law-enforcement officer, during the duration of the contact if the law-enforcement officer clearly and expressly informs the person that the officer reasonably believes temporarily disarming the person is necessary for the protection of the person, the officer or another individual. Unless the law-enforcement officer arrests the person, the law-enforcement officer shall, upon termination of the contact, return all weapons to the person in the same condition and configuration as they were taken. This subdivision applies only when a law-enforcement officer is authorized under the laws of this state to disarm a person and may not be construed to create any independent legal authority for any law-enforcement officer to disarm any person who is lawfully carrying any deadly weapon, whether openly or concealed.

    (h) Any person who violates subsection (f) of this section is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than $25 for a first offense; and, upon conviction for a second or subsequent offense occurring within five years, fined not less than $25 nor more than $250. However, a charge of violating subsection (f) of this section shall be dismissed and a person may not be convicted of violating subsection (f) of this section if the person produces in court or in the office of the arresting officer a license and, if required by subdivision (2), subsection (f) of this section, secondary photo identification, that was valid at the time of the alleged offense.

    (i) Any person who violates subsection (a), (b) or (g) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than $1,000, and may be imprisoned confined in the county jail for not more than twelve six months, or both fined and confined. for the first offense; but upon conviction of a second or subsequent offense he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years, and fined not less than one thousand dollars nor more than five thousand dollars.

    (b) It shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made by the grand jury is a first offense or is a second or subsequent offense and, if it shall be a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second or subsequent offense, and shall not be permitted to use discretion in introducing evidence to prove the same on the trial.

    (j) (1) For the purposes of applying the provisions of the federal Law-Enforcement Officers Safety Act of 2004, 18 U.S.C. §§926B and 926C, as amended, to this article, any qualified law-enforcement officer under 18 U.S.C. §926B or qualified retired law-enforcement officer under 18 U.S.C. §926C, is authorized to carry concealed weapons in this state without a license pursuant to subdivision (9), subsection (d) of this section.

    (2) For the purposes of applying the provisions of 18 U.S.C. §926B(b)(2) and 18 U.S.C. §926C(b)(2) to the laws of this state, the Legislature expressly declares and provides that, as a matter of state law, all qualified law-enforcement officers under 18 U.S.C. §926B and all qualified retired law-enforcement officers under 18 U.S.C. §926C, are equally entitled to any exemption under the laws of this state from any prohibition or restriction on the possession of firearms on any state or local government property, installation, building, base or park, that is applicable to any person who is licensed to carry concealed weapons pursuant to section four of this article.

    (k) When any person is charged with any offense under subsection (a) or (b) of this section:

    (1) The state shall negate the existence of a license under section four or five of this article valid at the time of the alleged offense in the accusation charging commission of the offense and prove beyond a reasonable doubt as part of its case in chief that the defendant had not been issued a license under section four or five of this article that was valid at the time of the alleged offense.

    (2) When a person asserts any exemption under subsection (c), (d) or (e) of this subsection, except as otherwise provided by subdivision (3) of this subsection, the exemption shall be a defense that the state is not required to negate in the accusation charging commission of the offense or as part of its case in chief at trial. However, once evidence is admitted by the defendant at trial supporting the existence of an exemption, that person shall be required to prove beyond a reasonable doubt that the asserted exemption did not apply to the defendant.

    (3) When a person asserts an exemption as a qualified out-of-state licensee but did not exhibit at the time of the alleged offense a facially valid license issued by another state and did not claim to be licensed by an issuing authority that provides the means for instantaneous verification of the validity of all such licenses, accessible twenty-four hours a day, the person’s status as a qualified out-of-state licensee shall be an affirmative defense that the defendant shall prove by a preponderance of evidence.

    (l) When any person carries a concealed weapon in a location described in subsection (b) of this section, possesses a deadly weapon in a school safety zone under subdivision (1), subsection (b), section eleven-a of this article, or engages in any activity that, under the laws of this state, would be unlawful in the absence of a license to carry concealed weapons under section four or five of this article or other lawful authorization to carry a concealed weapon, and:

    (1) Fails to present to a law-enforcement officer for inspection a license to carry concealed weapons under section four or five of this article or evidence of the person’s lawful authorization to carry a concealed weapon, the law-enforcement officer shall ask the person whether he or she is licensed under section four or five of this article or possesses any evidence of qualification to lawfully carry a concealed weapon without a license.

    (2) Claims to be licensed under section four or five of this article, the law-enforcement officer shall query the concealed weapons license verification service established pursuant to subdivision (2), subsection (l), section four of this article. If the inquiry shows the person is licensed, there is a rebuttable presumption the person is licensed but the law-enforcement officer may, at his or her discretion, issue the person a citation for violating subsection (g) of this section. If the inquiry does not indicate the person is licensed under section four or five of this article, there is a rebuttable presumption the person is not licensed under section four or five of this article and the law-enforcement officer shall ask the person whether he or she is lawfully authorized to carry a concealed weapon without a license and possesses evidence of such authorization.

    (3) Is not licensed under section four or five of this article claims to be a qualified out-of-state licensee and presents a facially valid qualified out-of-state license to carry concealed weapons, the law-enforcement officer may attempt to verify the validity of the qualified out-of-state license to carry concealed weapons and the person’s eligibility under subdivision (1), subsection (d) of this section. If the issuing authority provides the means for instantaneous verification of the validity of all such licenses, accessible twenty-four hours a day, the law-enforcement officer shall immediately contact the issuing authority to verify the validity of the license. If the issuing authority verifies the validity of the license and the law-enforcement officer does not have credible information showing the person is not qualified as a qualified out-of-state licensee, there is a rebuttable presumption the person is a qualified out-of-state licensee.

    (4) Claims to be a qualified out-of-state licensee, does not have in his or her physical possession a facially valid qualified out-of-state license to carry concealed weapons and the issuing authority provides the means for instantaneous verification of the validity of all such licenses, accessible twenty-four hours a day, the law-enforcement officer shall contact the issuing authority claimed by the person to verify whether the person is licensed. If the issuing authority verifies that the person is currently licensed and the law-enforcement officer does not have credible information showing the person is not qualified as a qualified out-of-state licensee, there is a rebuttable presumption the person is a qualified out-of-state licensee but the law-enforcement officer may issue the person a citation for violating subsection (h) of this section. If the issuing authority responds that its records do not show that the named person is currently licensed, there is a rebuttable presumption that the person is not currently licensed by the issuing authority claimed.

    (5) Claims to be a qualified out-of-state licensee, does not have in his or her physical possession a facially valid qualified out-of-state license to carry concealed weapons and the issuing authority does not provide the means for instantaneous verification of the validity of all such licenses, accessible twenty-four hours a day, there is a rebuttable presumption that the person is not licensed by the issuing authority by which the person claims to be licensed.

    (6) Claims to be a qualified out-of-state licensee but is registered to vote in this state, has a child of which the person has primary legal custody enrolled in a public elementary or secondary school in this state, receives any form of public assistance from this state, receives a homestead tax exemption on property in this state, has an application pending for a homestead tax exemption on property in this state, is a student at a state institution of higher education who is not charged nonresident tuition or holds a current, valid West Virginia driver’s license, instruction permit or nondriver photo identification card issued by the Division of Motor Vehicles showing a residence address in this state, there is a rebuttable presumption that the person is a resident of this state and disqualified as a qualified out-of-state licensee unless the person produces to the court satisfactory evidence of qualification under paragraph (E), subdivision (54), section two of this article.

§61-7-4. Licenses to carry concealed weapons.

    (a) Except as otherwise provided in subsection (h) (y) of this section, any person desiring resident of this state who desires to obtain a state license to carry a concealed deadly weapon weapons shall apply to the sheriff of his or her the 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. in which he or she resides. Except as otherwise provided in subdivision (2) of this subsection or subsection (y) of this section, any nonresident who desires to obtain a state license to carry concealed weapons may apply to the sheriff of any county. Each applicant shall, at the time of application, pay the sheriff a nonrefundable license fee computed pursuant to subsection (n) of this section. Each applicant shall file with the sheriff, a complete application, as in writing, verified under oath and notarized as provided in subsection (e) of this section, on the uniform application form prepared by the superintendent of the West Virginia state police, in writing, duly verified Attorney General pursuant to subsection (i) of this section, which sets forth shall specify only the following licensing requirements:

    (1) A complete description by the applicant of the applicant’s:

    (A) Full name;

    (B) All prior legal names and aliases;

    (C) Date and place of birth;

    (D) Country of citizenship;

    (E) Social Security number, and a description of the applicant’s whose submission by the applicant shall be optional;

    (F) If the applicant has established a Voluntary Appeal File with the Federal Bureau of Investigation pursuant to 28 C.F.R. §25.10(g), the applicant’s Voluntary Appeal File unique personal identification number, whose submission by the applicant shall be optional;

    (G) If the applicant is a naturalized citizen of the United States, the applicant’s United States naturalization number;

    (H) If the applicant is an alien, the applicant’s United States-issued alien or admission number and any other information designated by the Attorney General on the application form necessary to determine the applicant’s immigration status and whether the applicant is prohibited by federal law from possessing, transporting, shipping or receiving firearms on the basis of immigration status;

    (I) Driver’s license, commercial driver’s license, instruction permit or nondriver state photo identification number and the issuing state;

    (J) Residence address, which, unless the applicant is subject to the provisions of subsection (s) of this section, shall be consistent with the residence address listed by the applicant with the issuing agency of the driver’s license or nondriver state identification card the applicant stated pursuant to paragraph (I) of this subdivision;

    (K) Mailing address if different from the residence address specified pursuant to paragraph (J) of this subdivision;

    (L) Telephone numbers and e-mail address, if available, at which the applicant desires to be contacted about any questions pertaining to the application or to receive notice of the disposition of the application, whose submission by the applicant shall be optional;

    (M) Sex;

    (N) Race;

    (O) Height;

    (P) Weight as of the date of the application or any time within the thirty days preceding the date of the application;

    (Q) Natural hair color;

    (R) Natural eye color;

    (S) Other physical features of and descriptive information about the applicant necessary to determine the applicant’s eligibility for licensure and performance of the investigation and background checks required by subsection (b) of this section, as specified by the Attorney General on the uniform application form;

    (T) Desired license class; and

    (U) If the applicant holds a current, valid license under this section, the class and expiration date of the licensee’s current license, the county in which the licensee’s current license was issued, if different from the county in which the licensee is applying for renewal or modification, and, if the current license has a unique license number assigned pursuant to subdivision (5), subsection (h) of this section, the licensee’s current license number;

    (2) That, on the date the application is made, the applicant is:

    (A) A bona fide resident of this state and of the county in which the application is made and, unless the applicant is subject to subsection (s) of this section, has a valid driver’s license, commercial driver’s license, instruction permit or other state-issued nondriver photo identification issued by the Division of Motor Vehicles showing such the applicant’s residence address in this state;

    (B) A servicemember:

    (i) Who is domiciled in this state and the county in which the application is made but whose permanent duty station is located outside this state; or

    (ii) Who is domiciled outside this state, whose permanent duty station is located within this state or an adjoining state and who maintains a place of abode in this state and the county in which the application is made;

    (C) A nonresident who:

    (i) Resides within the United States or is a citizen of the United States;

    (ii) Unless the applicant is a citizen of the United States who resides outside the United States, has a valid driver’s license or other photo identification issued by the applicant’s state of residence, showing the applicant’s residence address; and

    (iii) If the applicant is a resident of a state the Attorney General has determined, pursuant to paragraph (A), subdivision (3), subsection (u) of this section, grants full faith and credit to licenses issued under this section:

    (I) The Attorney General has listed the state in which the applicant resides as a state that clearly bars the applicant from lawfully using a license issued pursuant to this section for the purpose of carrying a handgun or concealed weapon in the applicant’s state of residence, pursuant to any licensing law of the applicant’s state of residence, as an alternative to licensure by the applicant’s state of residence. The Attorney General shall, not less than once annually, review the statutory and case law of every state listed pursuant to paragraph (A), subdivision (3), subsection (u) of this section and publish in the State Register a list of all states in which the Attorney General does not find either clear statutory language or an on-point holding of a statewide appellate court in a published opinion of mandatory precedential value that bars a resident of that state other than persons similarly situated to persons described in subparagraphs (ii) through (iv), paragraph (E), subdivision (54), section two of this article, from using a license issued by another state as an alternative to licensure within that state, and publish a list of these states in the State Register and distribute copies of this list to the superintendent and each sheriff;

    (II) The applicant holds a current, valid qualified out-of-state license or permit to carry concealed weapons, issued by the applicant’s state of residence, and encloses a full-color photocopy of it with the application;

    (III) The applicant is a full-time student at any higher education institution located in this state and presents proof of his or her full-time student status to the sheriff;

    (IV) The applicant regularly conducts a lawful trade or business within this state in which the applicant devotes significant time, attention and labor to that trade or business with the principal objective of livelihood and profit and presents satisfactory evidence thereof to the sheriff;

    (V) The applicant is regularly employed in a position in which the applicant is required to carry a concealable weapon in this state in the course of employment and presents satisfactory evidence of such employment to the sheriff; or

    (VI) The applicant or a family or household member of the applicant owns real property in the county in which the applicant applies for licensure on which the applicant maintains a seasonal or temporary residence and includes with the application a current, certified document from the assessor of that county, on a form prescribed by the Attorney General, verifying the ownership of the real property; or

    (D) Is the spouse of any person described in paragraph (B) of this subdivision or clauses (III) through (VI), subparagraph (iii), paragraph (C) of this subdivision, who is licensed under this section or has an application for licensure under this section pending before the sheriff, and applies for licensure in the county in which his or her spouse applied or has been licensed;

    (3) That the applicant is at least twenty-one years of age or older: Provided, That any individual who is less than 21 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 if he or she is applying for a Class 1, 2 or 3 license or at least eighteen years of age and, on the date the application is made, less than twenty-one years of age, if he or she is applying for a Class 4 or 5 license;

    (4) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof prohibited by federal law, including without limitation 18 U.S.C. §922(g) or (n), from possessing, transporting, shipping or receiving firearms;

    (5) That the applicant has is not been convicted of a felony or of an act of violence involving the misuse of a deadly weapon prohibited by section seven of this article from possessing firearms;

    (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;

    (6) That the applicant is not prohibited by subsection (a), section seven of this article from carrying a concealed weapon outside his or her residence, temporary place of abode, fixed place of business or other real property owned, leased or lawfully possessed by the person;

    (7) That the applicant is not prohibited by subdivision (1), subsection (c), section seven of this article from carrying a concealed weapon in a public place. For the purposes of this subdivision, the exceptions specified in paragraphs (A) and (B), subdivision (2), subsection (c), section seven of this article, do not apply to the determination of whether a person fulfills the requirements of this subdivision;

    (8) That the applicant does not suffer a physical infirmity which prevents the safe handling of a handgun;

    (9) That, on the date of application, the applicant has:

    (A) Proof of actual or corrected vision rated at 20/40 or better, as demonstrated by:

    (i) An original or photocopy of an affidavit of an ophthalmologist or optometrist licensed and practicing in either this state or the applicant’s state of residence, issued upon the basis of an examination of the applicant conducted within one year immediately preceding the date of application, attesting to the applicant’s actual or corrected vision, which the applicant shall enclose with the application; or

    (ii) Any acceptable means prescribed by the West Virginia Sheriffs’ Bureau or, if the West Virginia Sheriffs’ Bureau has made no designation pursuant to this subparagraph, the Attorney General, that provides reasonable assurance that the applicant has actual or corrected vision rated at 20/40 or better;

    (iii) Any other means acceptable to the sheriff that provides reasonable assurance that the applicant has actual or corrected vision rated at 20/40 or better;

    (B) A current, valid instruction permit or driver’s license issued under chapter seventeen-b of this code, other than a Class G driver’s license or instruction permit issued pursuant to article two-b, chapter seventeen-b of this code or a bioptic telescopic lens driver’s license issued under prior law, or a current, valid commercial driver’s license issued under chapter seventeen-e of this code; or

    (C) A current, valid license to drive or operate motor vehicles, issued by a state listed by the West Virginia Sheriffs’ Bureau or, if the West Virginia Sheriffs’ Bureau has not promulgated a list of qualifying states pursuant to this paragraph, the Attorney General, as a state that; (i) Has vision standards that, in all material respects, are greater than or equal to the vision requirements to obtain a driver’s license in this state; and (ii) has substantially similar requirements for vision screenings of all renewal driver’s license applicants, unless the license is a bioptic telescopic lens license similar to a Class G driver’s license issued by this state pursuant to article two-b, chapter seventeen-b of this code. The Attorney General shall research the laws, administrative rules or regulations, policies and practices of the licensing agencies of other states and make preliminary recommendations to the West Virginia Sheriffs’ Bureau regarding which states qualify under this paragraph. Not less than once annually, the West Virginia Sheriff’s Bureau shall, taking into account the research and recommendations of the Attorney General, determine which states’ licenses to drive or operate motor vehicles, if any, qualify under this paragraph. The Attorney General shall publish the list of qualifying states in the State Register, distribute copies of the list of qualifying states to the superintendent and each sheriff and make the list of qualifying states available to the public on the Internet and in printed form upon request;

    (10) That the applicant has qualified under the minimum requirements set forth specified in subsection (d) of this section for handling and firing the weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified demonstrating competence with a handgun based upon the class of license sought by the applicant;

    (11) That, as of the date the application is made, the applicant has been furnished a copy of the current compendium of West Virginia weapons and self-defense laws described in subsection (w) of this section and has read and is knowledgeable of its contents. However, this subdivision does not apply to any application made prior to the publication of the initial compendium of West Virginia weapons and self-defense laws described in subsection (w) of this section;

    (11)(12) That the applicant authorizes the sheriff of the county, or his or her designee, to whom the application is made to conduct an investigation relative to the information contained in the application;

    (13) That the applicant authorizes the sheriff to whom the application is made and the superintendent to examine any records, including mental health records, substance abuse treatment records, military service records and judicial records kept under seal, pertaining to the applicant’s eligibility for a license to carry concealed weapons;

    (14) That, except as otherwise restricted by federal law, the applicant waives any right or privilege to maintain the secrecy of mental health or substance abuse treatment records or any right to conceal any fact the applicant may have the right or privilege of concealing resulting from any law pertaining to the confidentiality of such records, which waiver is limited to the background investigation for determining the applicant’s eligibility to receive a license to carry concealed weapons and expires upon completion of the background checks required by subsection (b) of this section and the decision of the sheriff to issue or deny a license;

    (15) Full-color photocopies of:

    (A) The driver’s license or nondriver state identification card the applicant stated pursuant to paragraph (I), subdivision (1) of this subsection;

    (B) Documentation of the applicant’s fulfillment of the requirements of subdivision (3) of this subsection if the applicant fulfills subdivision (3) of this subsection other than by paragraph (A) of that subdivision;

    (C) If the applicant is an alien:

    (i) The applicant’s:

    (I) United States government-issued Permanent Resident Card I-551 or its equivalent successor identification; or

    (II) Other United States government-issued evidence of lawful admission to the United States, which shall include the applicant’s category of admission, if the applicant has not been lawfully admitted for permanent residence; and

    (ii) If the applicant is an alien who has not been lawfully admitted for permanent residence, evidence of compliance with the provisions of 18 U.S.C. §922 (g)(5) and (y)(2), 27 C.F.R. §478.32 and any other applicable federal law or regulation regulating the possession, transportation, shipment or receipt of a firearm by an alien; and

    (D) If the applicant is otherwise ineligible for licensure due to a criminal conviction but the conviction has been expunged, set aside or vacated or the person has been pardoned or otherwise had firearm rights restored, a copy of the relevant pardon, expungement or other order restoring firearm rights, unless the applicant is a renewal applicant who previously provided the required documentation under this paragraph in connection with a prior application under this section made on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature;

    (16)(A) Two passport-regulation color photographs of the applicant taken within thirty days of the date of the application, if the applicant applies by mail; or

    (B) A digital photograph of the applicant taken by the sheriff at the time of application, if the applicant applies in person; and

    (17) If the applicant is applying for a Class 1 license, does not hold a current, valid Class 1 license under this section and does not possess a Class 1 license that, including any extension pursuant to subdivision (2), subsection (g) of this section, expired within six months prior to the date of a renewal application, a full set of the applicant’s fingerprints, which shall be administered by electronic fingerprint imaging by any West Virginia law-enforcement agency or any private contractor designated by the West Virginia Sheriff’s Bureau or by fingerprint card by any law-enforcement agency in the United States or any private contractor designated by the West Virginia Sheriff’s Bureau.

    (b)(1) The sheriff to whom an application is made under this section shall conduct an investigation including a nationwide criminal background check, in order to verify that to determine whether the information required in subdivisions (1), (2), (3), (5), (6), (8), and (9), statements made by the applicant in the application relative to the criteria specified in subsection (a) of this section is are, in all material respects, true and correct, and whether the applicant is qualified for licensure under this section.

    (2) The sheriff shall, as part of the investigation required by subdivision (1) of this subsection:

    (A) Conduct a state and national criminal history records check, domestic violence protective order check, immigration records check and mental health records check of each applicant to determine whether the applicant is qualified for licensure under this section; and

    (B) Investigate and make a reasonable effort to verify that each applicant has met the applicable requirements of subsection (d) of this section for demonstrating competence with a handgun based upon the class of license sought by the applicant. As part of any investigation of a Class 1, 2 or 4 applicant required by this paragraph, the sheriff shall attempt to verify that the instructor of any course of instruction subject to the documentation requirements of paragraph (D), subdivision (4), subsection (d) of this section, complied with those requirements.

    (3) The sheriff shall, as part of the background checks required by paragraph (A), subdivision (2) of this subsection, conduct on each applicant:

    (A) A state criminal history records check through the State Police Criminal Identification Bureau established pursuant to section twenty-four, article two, chapter fifteen of this code;

    (B) A state mental health records check through the central state mental health registry established pursuant to article seven-a of this chapter;

    (C) A query of the domestic violence database established pursuant to section twenty-one, article one, chapter fifty-one of this code;

    (D) A national criminal history records check by obtaining reports on each applicant from:

    (i) The National Crime Information Center; and

    (ii) The Interstate Identification Index maintained by the Federal Bureau of Investigation;

    (E) If the applicant is an alien, a federal Immigration Alien Query. If the applicant is an alien who has not been lawfully admitted for permanent residence, in addition to the Immigration Alien Query, the sheriff shall, if any doubt exists relating to whether the alien may lawfully purchase a firearm under federal law, consult with the United States Department of Homeland Security, United States Department of Justice, United States Department of State or other federal agency to confirm whether, under federal law, the alien may lawfully purchase or possess a firearm in the United States;

    (F) A query of the National Instant Criminal Background Check System established pursuant to Section 103 of the Brady Handgun Violence Protection Act, Public Law 103-159, §103, 107 Stat. 1536 (1993), reprinted in 18 U.S.C. §922 notes, to determine whether the applicant is prohibited from possessing or transporting firearms by federal law, including without limitation 18 U.S.C. §922(g) or (n), or section seven of this article;

    (G) If the applicant is an applicant for a Class 1 license who is required to submit fingerprints pursuant to subdivision (17), subsection (a) of this section, fingerprint-based state and national criminal and mental health background checks, including a fingerprint-based national criminal background check report from the Federal Bureau of Investigation; and

    (H) Any other records checks determined by the West Virginia Sheriffs’ Bureau or, if the West Virginia Sheriffs’ Bureau has made no designation pursuant to this paragraph or a change in federal law has rendered the most recent designation inadequate, the Attorney General, necessary to preserve the designation of licenses issued under this section on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, other than licenses extended pursuant to subdivision (2), subsection (g) of this section, as a qualifying alternative under 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) and other applicable federal laws governing background checks on purchasers of firearms from licensed dealers, as they may be amended from time to time, and to maximize the eligibility of each class of license for reciprocal recognition by the greatest number of other states.

    (4) The background check requirements of this subsection, other than fingerprinting of Class 1 applicants, are equal for all applicants, regardless of whether the applicant is applying as a renewal or nonrenewal applicant.

    (5) The Attorney General shall petition the United States Bureau of Alcohol, Tobacco, Firearms and Explosives or its successor to list licenses issued under this section on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, other than licenses extended pursuant to subdivision (2), subsection (g) of this section, as a qualifying alternative pursuant to 18 U.S.C. §922(t)(3)(A) and 27 C.F.R. §478.102(d)(1) and seek to maintain this listing.

    (c) (1) There is hereby created in the State Treasury a special revenue revolving fund account known as the State Police Concealed Weapons License Background Check Administration Fund, which shall be an interest-bearing account. This fund shall consist of twenty-five percent of each license fee collected by the sheriffs pursuant to subsection (a) of this section and subsection (b), section five of this article, any funds appropriated into the fund by the Legislature and any interest accrued to the fund. The balance remaining in this fund at the end of each fiscal year shall remain in the fund and shall not revert to the state General Revenue Fund. The sheriff shall forward twenty-five percent of each license fee the sheriff collects pursuant to subsection (a) of this section and subsection (b), section five of this article, excluding any fingerprinting fees for Class 1 applicants under subdivision (10), subsection (n) of this section, to the State Treasurer, not later than the tenth day of the month following the month of collection, and indicate that the remittance is for deposit into the State Police Concealed Weapons License Background Check Administration Fund. The State Treasurer shall deposit all remittances received from sheriffs pursuant to under this subdivision into the State Police Concealed Weapons License Background Check Administration Fund. The State Police Concealed Weapons License Background Check Administration Fund shall be expended from collections rather than appropriations by the Legislature on order of the superintendent solely for the purpose of defraying the costs incurred by the State Police in the performance of state criminal and mental health background checks, as provided in subsection (b) of this section, on applicants for licenses under this section or section five of this article. Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by

    (2) The sheriff shall deposit the remainder of each license fee the sheriff collects pursuant to subsection (a) of this section and subsection (b), section five of this article, after making the required remittances under subdivision (1) of this subsection, and the whole amount of all other fees the sheriff collects in relation to licenses to carry concealed weapons, into a Concealed Weapons License Administration Fund. Such The sheriff shall administer the Concealed Weapons License Administration Fund, which shall be administered by the sheriff and shall take the form of an interest bearing interest-bearing account with any interest earned to be compounded to the fund. Any funds deposited in this concealed weapon license administration Each county’s Concealed Weapons License Administration Fund shall be a perpetual, revolving fund are to that be expended by the sheriff may expend only to pay for the costs incurred by the sheriff associated with issuing concealed weapons licenses administering this section and section five of this article. 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 shall remain in the fund, shall not revert to the General Fund of any county or county sheriff and shall be used only to pay future costs payable from the fund as provided by this section.

    (d)(1) All persons applying for a license must complete a training course in handling and firing to carry concealed weapons shall demonstrate competence with a handgun The successful completion of any of the following courses fulfills this training requirement as prescribed by this subsection based upon the class of license the applicant seeks. An applicant for a Class 3 or 5 license shall demonstrate basic competence with a handgun under subdivision (2) of this subsection. An applicant for a Class 1, 2 or 4 license shall demonstrate basic competence with a handgun under subdivision (2) of this subsection and demonstrate competence in handling and firing a handgun as prescribed by subdivision (4) of this subsection.

    (2) A person may fulfill the requirement of demonstrating basic competence with a handgun by any one of the following:

    (1) (A) Completion of any official National Rifle Association handgun safety or training course;

    (2) (B) Completion of 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) (C) Completion of any handgun training or safety course or class conducted by a handgun instructor certified as such by any branch of the Armed Forces of the United States, the military forces of this state, any federal, state or local law-enforcement agency, the state in which the course or class was conducted or by the National Rifle Association;

    (4) (D) Completion of any handgun training or safety course or class conducted by any branch of the Armed Forces of the United States or the military reserve or National Guard forces of this state;

    (E) Evidence of qualification prior to March 8, 1996, under the minimum standards for demonstrating competence with a handgun in effect at the time of qualification, prescribed by the Department of Natural Resources pursuant to the former enactment of subdivision (8), subsection (a) of this section, as it existed at any time between July 7, 1989, and March 8, 1996, the former enactment of subdivision (5), subsection (b), section two of this article, as it existed between June 6, 1988, and July 6, 1989, or the former enactment of subsection (e), section two of this article, as it existed between June 6, 1975, and June 5, 1988;

    (F) Completion of any law-enforcement handgun safety or training course or class offered for security guards, investigators, special deputies or any division or subdivision of law-enforcement or security enforcement;

    (G) Experience in organized handgun shooting competition;

    (H) Proof of current service in or an honorable discharge or a general discharge under honorable conditions from any branch of the Armed Forces of the United States or the military forces of this state;

    (I) Evidence the applicant currently holds or was previously issued any license pursuant to this section or any former enactment of section two of this article as it existed at any time between June 6, 1975, and July 6, 1989;

    (J) Evidence the applicant currently holds or was previously issued a qualified out-of-state license or permit to carry concealed weapons, by a state listed by the West Virginia Sheriffs’ Bureau pursuant to this paragraph as having requirements for demonstrating competence with a handgun that are substantially similar to the requirements of this subsection for the class of license being sought, unless the license was a temporary or emergency license not subject to the issuing state’s demonstration of competence requirement and the applicant was not subsequently issued a regular license subject to the applicable demonstration of competence requirement. The Attorney General shall research the laws, administrative rules or regulations, policies and practices of the licensing agencies of other states and make preliminary recommendations to the West Virginia Sheriffs’ Bureau regarding each state’s qualifications under this paragraph. Not less than once annually, the West Virginia Sheriff’s Bureau shall, taking into consideration the research and recommendations of the Attorney General, determine which states have requirements for demonstrating competence with a handgun as a prerequisite for the issuance of a qualified out-of-state license or permit to carry concealed weapons that are substantially similar to the requirements of this subdivision for each class of license and publish a list of qualifying states for each class of license. The Attorney General shall publish each list in the State Register, distribute copies of each list to the superintendent and each sheriff and make each list available to the public on the Internet and in printed form upon request;

    (K) Evidence the applicant is an honorably retired law-enforcement officer exempt from payment of licensing fees pursuant to subdivision (5), subsection (n) of this section;

    (L) Completion of any law-enforcement agency handgun training course and qualifying to carry a handgun in the course of normal law-enforcement duties;

    (M) Completion of any handgun safety or training course or class approved by the West Virginia Sheriffs’ Bureau; or

    (N) Completion of any handgun safety or training course or class that the sheriff considers adequate.

    (3) Evidence of qualification under subdivision (2) of this subsection may be documented by:

    (A) A photocopy of a certificate of completion of any of the courses or classes or specified in subdivision (2) of this subsection;

    (B) An affidavit from the instructor, school, club, organization or group that conducted or taught said a course or class specified in subdivision (2) of this subsection, attesting to the successful completion of the course or class by the applicant; or a

    (C) An original or a copy of any document indicating participation in any firearms shooting competition;

    (D) An original or a copy of a United States Department of Defense Form 214 (DD-214) indicating an honorable discharge or general discharge under honorable conditions, a certificate of completion of basic training or any other document demonstrating proof of the applicant’s current status in the Armed Forces of the United States or an honorable discharge or a general discharge under honorable conditions, as prescribed by paragraph (H), subdivision (2) of this subsection;

    (E) An original or a full-color copy of any license described in paragraph (I) or (J), subdivision (2) of this subsection;

    (F) A copy of any document which shows successful completion of the a course or class shall constitute described in subdivision (2) of this subsection; or

    (G) Any other reasonable, competent and credible evidence of qualification under subdivision (2) of this section subsection.

    (4)(A) An applicant for a Class 1, 2 or 4 license shall demonstrate competence in handling and live firing a handgun by including with any application for a Class 1, 2 or 4 license:

    (i) A copy of a current or expired Class 1, 2 or 4 license under this section;

    (ii) Documentation of having been previously issued a Class 1, 2 or 4 license under this section;

    (iii) An original or photocopy of a notarized affidavit by a certified handgun instructor eligible to offer any course or class described in paragraph (A), (B), (C), (D), (F), (L), (M) or (N), subdivision (2) of this subsection, on a form prescribed by the Attorney General, attesting that the applicant successfully completed the live fire shooting exercises and passed the live fire shooting proficiency test specified in paragraph (B) of this subdivision; or

    (iv) Any other evidence of demonstrated competence in handling and live firing a handgun prescribed by the West Virginia Sheriffs’ Bureau. Before the West Virginia Sheriffs’ Bureau may authorize any alternative forms of demonstrated competence in handling and live firing a handgun under this subparagraph, it shall, in consultation with the Attorney General and any individuals or organizations in regular communication with the Attorney General about concealed weapons license issues, consult the Attorney General or other agency responsible for administering the concealed weapons license reciprocity laws of states in which reciprocal recognition of licenses issued under this section is conditioned on the nature of this state’s requirements for demonstrating competence in handling and firing a handgun. The West Virginia Sheriffs’ Bureau may authorize any alternative forms of demonstrated competence in handling and live firing a handgun under this subparagraph only if the West Virginia Sheriffs’ Bureau, in consultation with the Attorney General, determines that the proposed alternative will not impair the reciprocal recognition of any Class 1, 2 or 4 license under this section in any other state. This subparagraph shall be narrowly construed in light of the Legislature’s intent expressed in subdivision (47), section one of this article.

    (B) A certified handgun instructor eligible to offer any course or class described in paragraph (A), (B), (C), (D), (F), (L), (M) or (N), subdivision (2) of this subsection, may issue an affidavit, on a form prescribed by the Attorney General, certifying that a person who has met the requirements of subdivision (2) of this subsection for demonstrating basic competence with a handgun has:

    (i) Spent at least two hours on a handgun shooting range within this state;

    (ii) In the course of the shooting proficiency test described in subparagraph (iii) of this paragraph and preparatory shooting exercises held at the shooting range during the same day as the testing, shot at least one hundred rounds of live, factory-loaded ammunition of a caliber not less than .380 from a semiautomatic pistol at one or more B-27 silhouette targets or equivalent targets; and

    (iii) In the course of a shooting proficiency test administered by the instructor while the applicant was in the actual physical presence of and under the direct personal supervision of the instructor, successfully fired twenty rounds of live, factory-loaded ammunition of a caliber not less than .380 from a semiautomatic pistol, from a distance of not less than twenty-one feet, at a B-27 silhouette target or an equivalent target and hit the silhouette portion of the target with at least 15 of the 20 rounds of ammunition. An applicant who fails to hit the silhouette portion of the target with at least fifteen of the twenty rounds of ammunition fired during a test may retake the test an unlimited number of times until the applicant hits the silhouette portion of the target with at least fifteen of the twenty rounds of ammunition expended in a single test.

    (C) During each session of live fire shooting exercises and testing under paragraph (B) of this subdivision, an instructor may not have more than five students per range officer engaged in live firing exercises.

    (D) Any instructor who attests to the successful completion of a live fire shooting exercise and proficiency test pursuant to paragraph (B) of this subdivision shall maintain records certifying that, in his or her actual physical presence and under his or her direct personal supervision, he or she observed the student safely handle a handgun and complete the live fire shooting exercises and pass the live fire shooting proficiency test prescribed in paragraph (B) of this subdivision.

   (5) A sheriff may not require an applicant to demonstrate competence with a handgun other than as provided in subdivisions (2) through (4) of this subsection. Any demonstration of competence under subdivision (2) or (4) of this subsection does not expire.

    (6) All courses of instruction under subdivision (2) of this subsection and live fire shooting exercises and testing under subdivision (4) of this subsection shall reasonably accommodate any physical disability of any trainee who is mentally and physically capable of safely handling and firing a handgun with at least one hand.

    (7) The Attorney General shall compile and make available to the public on the Attorney General’s website searchable databases of firearm training schools or instructors who regularly offer to the public handgun safety or training courses that fulfill the requirements of subdivision (2) or (4) of this subsection. Participation in these databases shall be voluntary and without charge. These databases shall be geographically indexed by county in which qualifying courses are offered and shall permit participating programs and instructors to list their names, addresses, telephone numbers, e-mail addresses, websites and locations where instruction is offered. Before listing any program or instructor, the Attorney General shall verify the certification and eligibility of the program or instructor to offer instruction that fulfills the requirements of subdivision (2) or (4) of this subsection.

    (e) All concealed weapons license applications must be notarized by An applicant for a license to carry concealed weapons shall, before filing the application with the sheriff, appear before a notary public duly licensed under article four, chapter twenty-nine of this code commissioned pursuant to the laws of this state or, if the applicant is a nonresident who applies by mail, the state from which the nonresident applicant submits the application, and subscribe to an acknowledgement of the application and an oath verifying the truthfulness of the applicant’s statements in the application. 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 chapter.

    (f) If the information in the application is found to be true and correct,

    (f)(1) The sheriff shall date and time-stamp each complete application received and issue to the applicant a receipt for the application on a form prescribed by the Attorney General, immediately in person if the applicant submitted the application in person or by first-class mail to the applicant’s mailing address stated in the application if the applicant submitted the application by mail, which shall contain the signature of the issuing sheriff or a facsimile thereof affixed by any person authorized to act on the sheriff’s behalf pursuant to section five, article two, chapter two of this code, the seal of the issuing sheriff, the date and time the sheriff received the application and a statement of the time limits for the sheriff to act on the application and the date on which the applicant will become entitled to a temporary license under subdivision (6) of this subsection in the absence of a final decision by the sheriff on granting or denying a license.

    (2) Upon receiving a complete application and issuing a receipt as provided by subdivision (1) of this subsection, the sheriff shall, except as otherwise authorized by the succeeding sentence of this subdivision or required by subdivision (6) of this subsection, commence the background investigation described in subdivision (1), subsection (c) of this section, including an initiation of all background checks required by subdivisions (2) and (3), subsection (c) of this section, not later than the next business day following the date of receipt stamped on the completed application and diligently pursue that investigation in good faith until its completion and the sheriff’s decision on granting or denying a license. The sheriff may delay pursuit of the investigation and background checks for not more than twenty-one days during the proclamation of a state of emergency pursuant to section six, article five, chapter fifteen of this code, if the sheriff determines that the enemy attack or natural or man-made disaster cited in the proclamation of the state of emergency is or may reasonably be anticipated to require the temporary suspension of prompt background check processing otherwise required by this subdivision to reasonably and temporarily reallocate resources of the sheriff’s office to respond to the declared emergency or disaster. However, a delay in the prompt and diligent pursuit of background checks authorized by the preceding sentence does not alter the time limits specified by subdivision (4) of this subsection for acting upon the application or the sheriff’s duties under subdivision (6) of this subsection.

    (3) The sheriff shall issue a license unless, based upon the results of the investigation and background checks required by subsection (b) of this section, the sheriff finds that the applicant made a materially false statement in the application, is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place or is not qualified for licensure under the criteria specified in this section. The sheriff shall deny a license if the sheriff finds that the applicant made a materially false statement in the application, is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place or fails to qualify under the licensing criteria listed in subsection (a) of this section.

    (4) The sheriff shall either issue reissue or deny the a license, as provided in this subsection:

    (A) Except as otherwise provided by paragraph (B) of this subdivision, on the earlier of (i) within 45 days after the date stamped on the application is filed if all required background checks authorized by this section are completed as the date on which the sheriff received the completed application pursuant to subdivision (1) of this subsection or (ii) completion of the investigation and background checks required by subsection (b) of this section; or

    (B) If the applicant was issued a temporary license or temporary renewal license pursuant to subdivision (6) of this subsection, on the expiration date of the temporary license or temporary renewal license, or, if the expiration date of the temporary license or temporary renewal license is a Saturday, Sunday, legal holiday or designated day off, the last preceding business day before the expiration date of the temporary license or temporary renewal license, which, if granted, shall be the date of issue printed on the license and the date from which the license’s expiration date shall be calculated pursuant to subdivision (2), subsection (g) of this section.

    (5) Except as provided by subdivision (6) of this subsection, the sheriff may suspend the time limitations prescribed by subdivision (4) of this subsection until receipt of the final disposition or proof of restoration of civil and firearm rights if the sheriff receives criminal history information with no final disposition of any criminal charge for which a conviction would disqualify the applicant.

    (6) Unless the sheriff has previously issued a temporary license or temporary renewal license pursuant to this subdivision in connection with the application, the sheriff shall certify on the application that applicable time limit specified in paragraph (A), subdivision (4) of this subsection has expired, that the sheriff has performed the background checks specified in paragraphs (E) through (G), subdivision (3), subsection (b) of this section to determine whether the applicant is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place and initiated the remainder of the background investigation required by subsection (b) of this section and that the information available to the sheriff does not indicate that the applicant is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place, and issue the applicant a temporary license if, for any reason, the sheriff has not issued or denied a regular license as provided in subdivision (3) of this subsection after the expiration of the applicable time limit specified in paragraph (A), subdivision (4) of this subsection. The sheriff may issue a temporary license prior to the expiration of the applicable time limit specified in paragraph (A), subdivision (4) of this subsection, if all the conditions for issuing a temporary license, other than the expiration of the applicable time limit, have been fulfilled. Upon receiving an application from a licensee who is applying for renewal of a license issued under this section prior to the current license’s expiration date or is an emergency licensee under section five of this article who is applying for a regular license under this section prior to the emergency license’s expiration date, the sheriff shall immediately perform the background checks specified in paragraphs (E) through (G), subdivision (3), subsection (b) of this section to determine whether the applicant is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place and, if the information available to the sheriff does not show that the applicant is prohibited by federal law or section seven of this article from possessing or transporting firearms or carrying a concealed weapon in a public place, immediately issue the licensee a temporary renewal license. A temporary license or temporary renewal license issued pursuant to this subdivision shall not contain the licensee’s photograph, shall be clearly marked as a temporary or temporary renewal license and is valid for all intents and purposes throughout this state when presented with a valid government-issued photo identification pursuant to subdivision (2), subsection (g), section three of this article, until the expiration date provided by subdivision (3), subsection (g) of this section, unless it is sooner suspended, revoked or voluntarily surrendered. The sheriff shall immediately notify the superintendent by electronic or facsimile communication of the issuance of a temporary or temporary renewal license pursuant to this subdivision and send the superintendent a certified copy of the application indicating the issuance of a temporary or temporary renewal license by mail within seven days, and the superintendent shall cause the concealed weapons license database maintained pursuant to subdivision (2), subsection (l) of this section to be updated accordingly. The sheriff shall fulfill the requirements of this subdivision regardless of whether the applicant prompts the sheriff to do so. Failure of the sheriff to notify the applicant of the denial of the application in accordance with subsection (j) of this section by the expiration date of the temporary license or temporary renewal license, constitutes issuance of a license by default and the sheriff shall immediately fulfill the requirements of this section as in any other case in which the sheriff issues a license.

    (7) If the sheriff finds an applicant to be qualified for licensure except for adequate evidence of demonstrated competence with a handgun as required by subsection (d) of this section for the class of license sought, the sheriff shall provisionally deny the license and notify the applicant as required by this section in the case of any other denial. If an applicant whose application is provisionally denied for inadequate evidence of demonstrated competence with a handgun required by subsection (d) of this section, presents to the sheriff satisfactory evidence of demonstrated competence with a handgun as required by subsection (d) of this section for the class of license sought, the sheriff shall reopen and reconsider the application and act upon the application within seven days of receipt of the applicant’s new evidence of demonstrated competence with a handgun. If an applicant for a Class 1, 2 or 4 license fulfills the basic demonstration of competence with a handgun under subdivision (2), subsection (d) of this section, but did not present adequate evidence of competence in handling and firing a handgun pursuant to subdivision (4), subsection (d) of this section, and otherwise fulfills the requirements for a Class 3 or 5 license, the sheriff shall issue a Class 3 license if the applicant sought a Class 1 or 2 license or a Class 5 license if the applicant sought a Class 4 license and provisionally deny the Class 1, 2 or 4 license sought and the licensee may seek a reconsideration of or appeal the sheriff’s decision on granting the higher class of license and maintain the lower class of license granted until qualifying for the higher class of license originally sought or succeeding in a reconsideration or appeal of the original decision on denying the license originally sought and granting a lower license classification.

    (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 All licenses issued under this section are state licenses to carry concealed weapons that shall, unless sooner suspended or revoked as provided in this section or voluntarily surrendered, be valid throughout this state until the expiration date determined as follows:

    (1) Except as otherwise provided by subdivisions (2) and (4) of this subsection:

    (A) All Class 1, 2 and 3 licenses other than temporary licenses and temporary renewal licenses issued pursuant to subdivision (6), subsection (f) of this section, issued on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, shall expire on the licensee’s first birthday occurring more than four years but not more than five years from the date of issue or, if the licensee is a renewal applicant whose prior license’s expiration date was on the licensee’s birthday, the licensee’s first birthday following the expiration date of the prior license on which the licensee’s age becomes evenly divisible by five.

    (B) All Class 4 and 5 licenses, other than temporary licenses and temporary renewal licenses issued pursuant to subdivision (6), subsection (f) of this section, issued on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, shall expire on the licensee’s twenty-second birthday.

    (2) Except as otherwise provided by subdivision (4) of this subsection, the license, other than a temporary or temporary renewal license issued pursuant to subdivision (6), subsection (f) of this section, of any service member that expires during an active-duty military deployment away from the licensee’s place of residence or permanent duty station, shall be extended for one hundred eighty days following the end date of the deployment. In order to establish proof of continued validity of a license extended by this subdivision, the licensee shall carry and display in the same manner as required of the license by this article, a copy of the licensee’s deployment orders or other documentation from the licensee’s commanding officer that orders the licensee to travel away from his place of residence or permanent duty station and indicates the start and end dates of the deployment.

    (3) Except as otherwise provided by subdivision (4) of this subsection, a temporary license issued pursuant to subdivision (6), subsection (f) of this section, shall expire one hundred eighty days from the date of issue. A temporary renewal license issued pursuant to subdivision (6), subsection (f) of this section, shall expire one hundred eighty days after the expiration date of the licensee’s current license under this section or the expiration date of the emergency license issued pursuant to section five of this article when the emergency licensee applies for a regular license under this section prior to the emergency license’s expiration date.

    (4) Any license issued to an alien who has not been lawfully admitted for permanent residence shall expire on the earlier of the expiration date otherwise applicable under this subsection or the last day the applicant or licensee has demonstrated to the sheriff he or she is legally authorized to be in the United States.

    (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 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) (h) (1) Each license shall be no larger than three and three-eighths inches wide by two and one-eighth inches long and shall be made of a hard, laminated material suitable for carrying in a wallet, similar to a driver’s license.

    (2) The face of each license shall contain:

    (A) The licensee’s:

    (i) Full name;

    (ii) Date of birth;

    (iii) Sex;

    (iv) Race;

    (v) Height;

    (vi) Weight;

    (vii) Natural hair color;

    (viii) Natural eye color; and

    (ix) Residence 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. or an alternate address determined pursuant to subsection (s) of this section;

    (x) Signature; and

    (xi) Full-face color photograph, unless the license is a temporary or temporary renewal license issued pursuant to subdivision (6), subsection (f) of this section;

    (B) The license’s dates of issue and expiration;

    (C) The unique license number assigned pursuant to subdivision (5) of this subsection;

    (D) Whether the license is duplicate or replacement license;

    (E) The class of the license;

    (F) The signature of the issuing sheriff or a facsimile thereof affixed by any person authorized to act on the sheriff’s behalf pursuant to section five, article two, chapter two of this code;

    (G) The seal of the issuing sheriff; and

    (H) If the license does not entitle the licensee to an exemption under 18 U.S.C. §922(t)(3)(A) within this state, the phrase “NOT NICS EXEMPT” in red, all-capital letters in not less than 12-point type.

    (3) The reverse of each license shall contain:

    (A) The telephone number of the concealed weapons license verification service established pursuant to subdivision (2), subsection (l) of this section and a statement that any law-enforcement officer or other employee or agent of any criminal justice agency within the United States or licensed firearm dealer or any employee or agent thereof may use the concealed weapons license verification service to instantaneously validate the license twenty-four hours a day, seven days a week; and

    (B) The name, county, office address and nonemergency daytime office telephone number of the issuing sheriff.

    (4) Each license application shall solicit the applicant for a designation, in writing, of whether the applicant desires to claim the license in person at the sheriff’s office or receive delivery of the license by mail. The sheriff shall deliver the license to the licensee by mail to the mailing address specified in the application unless the licensee elected to claim the license in person at the sheriff’s office. The sheriff shall contact the licensee by telephone and e-mail at the daytime telephone number and e-mail address, if any, listed in the application or, if the licensee cannot be contacted by telephone or e-mail after two business days or did not provide a daytime telephone number or e-mail address in the application, by letter sent by first-class mail to the licensee’s mailing address listed in the application, and advise the licensee that the sheriff has issued the license and specify the place and hours when the licensee may claim the license in person, if the licensee elected to claim the license in person at the sheriff’s office.

    (5) The Superintendent shall assign to each valid license in effect on the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, a unique license number. Before issuing any license on or after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, other than a renewal or replacement license for which a unique license number has been previously assigned pursuant to this subdivision, the sheriff shall obtain from the superintendent a unique license number for the licensee. The superintendent shall, in consultations with the West Virginia Sheriffs’ Bureau, develop a unique license number assignment system that permits sheriffs to instantaneously obtain a unique license number for the purpose of indexing all licenses issued throughout the state to enable law-enforcement verification of licenses, preventing duplicate licensing files for an individual applicant or licensee, facilitating the transfer of a license to another county when a resident licensee moves to another county or when a nonresident licensee becomes a resident of this state and a county other than the county in which the license was issued and ensuring efficient administration of the licensing program. The superintendent shall design the license numbering system to number licenses serially and not base any license number on the licensee’s Social Security number, date of birth, Zip code or other number that otherwise correlates with any personally-identifying information of the licensee.

    (6) For the purposes of implementing the 5-class licensing system created by the amendments to this section enacted during the 2011 Regular Session of the Legislature, any current, valid license issued under any prior enactment of this section that is in effect on the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, shall become a Class 3 license if the licensee is at least twenty-one years of age or a Class 5 license if the licensee is less than twenty-one years of age.

    (j) (i)(1) The Attorney General shall, in consultation with the superintendent of and the West Virginia state police shall Sheriffs’ Bureau, prepare uniform applications for licenses and license cards showing that such a 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.

    (2) The Attorney General shall design each application form to include a detailed checklist for each required part of the background checks specified in subdivisions (2) and (3), subsection (b) of this section. The sheriff shall, before issuing any license, certify in writing on the approved application that the sheriff performed all background checks required by this section and that the results of the background checks did not show that the applicant was disqualified from licensure and record on the application the unique approval number issued by the National Instant Criminal Background Check System as part of the background check required by paragraph (F), subdivision (3), subsection (b) of this section.

    (3) The Attorney General shall design each application or other form promulgated pursuant to this section to comply with Section 7 of the Privacy Act of 1974, Public Law 93-579, §7, 88 Stat. 1896, 1909 (1974), reprinted in 5 U.S.C. §552a notes.

    (4) The Attorney General shall design license applications and other forms promulgated pursuant to this section to comply with any applicable requirements of 42 C.F.R. §§2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

    (5) The Attorney General shall prepare and distribute a form for affidavit under subparagraph (i), paragraph (A), subdivision (9), subsection (a) of this section and instructions for the affidavit form that fulfill the requirements of subparagraph (i), paragraph (A), subdivision (9), subsection (a) of this section, nonexclusive of any other form of affidavit that fulfills the requirements of subparagraph (i), paragraph (A), subdivision (9), subsection (a) of this section.

    (6) The Attorney General shall design forms of license cards that (A) differentiate between (i) Class 1, 2 and 3 licenses and (ii) Class 4 and 5 licenses and (B) differentiate between regular licenses and temporary, temporary renewal and emergency licenses. All temporary, temporary renewal and emergency licenses shall contain the words “valid without photo-secondary photo ID required” in the location of the licensee’s photograph.

    (7) All sheriffs shall procure and maintain the means of digitally photographing all applicants or licensees who apply for a license or replacement license in person, taking by electronic fingerprint imaging the fingerprints of Class 1 applicants who apply in person and providing the required digital photography and fingerprinting services at no additional charge to each applicant.

    (8) The West Virginia Sheriffs’ Bureau and the Commissioner of Motor Vehicles shall annually enter into a statewide contract for the production of license cards by the Division of Motor Vehicles on behalf of sheriffs electing to participate under the contract. The contract shall provide that the Commissioner of Motor Vehicles shall produce the license cards for licenses issued under this section by any sheriff electing to use the services of the Division of Motor Vehicles under the contract shall pay the division a uniform fee for each license card produced, which shall reflect only the actual marginal cost of each license card produced without inclusion of any overhead or fixed costs the Division of Motor Vehicles incurs regardless of whether it produces license cards for sheriffs, agreed upon by the West Virginia Sheriffs’ Bureau and the Commissioner of Motor Vehicles and the sheriff shall pay the required license card production fee from the concealed weapons license administration fund and that any sheriff may elect to begin or cease participation under the contract at any time. A sheriff may not have license cards produced by the Division of Motor Vehicles except pursuant to the current statewide contract adopted pursuant to this subdivision.

    (9) Each sheriff shall use only the current, uniform forms prescribed by the Attorney General for the purposes of administering this section and section five of this article. If the Attorney General promulgates a new application form, license card or other form used for the purposes of this section or section five of this article, each sheriff shall immediately destroy all old versions of those forms possessed by his or her office upon receiving a copy of the applicable new form from the Attorney General.

    (10) The uniform application form, forms for affidavits and other forms for which this section requires an oath, affirmation, or notarization shall conclude with the form for a written oath specified in subsection (a), section one hundred two, article five, chapter twenty-nine-c of this code and an adequate space for a notary public’s stamp or seal.

    (k) In the event (j)(1) If the sheriff denies an application is denied or suspends or revokes a license, the sheriff shall prepare the documents specified in subdivision (2) of this subsection and provide the applicant or licensee, by personal service or certified mail, return receipt requested, written notice of the denial, suspension or revocation and the supporting documentation required by subdivision (2) of this subsection.

    (2) A sheriff who denies, suspends or revokes any license shall:

    (A) State in writing:

    (i) An enumeration of each specific subdivision of subsection (a) of this section and, if applicable, subsection (a) or (c), section seven of this article, or 18 U.S.C. §922(g) or (n), under which the sheriff finds the applicant or licensee disqualified;

    (ii) All specific reasons for and articulable facts upon which the sheriff based the denial, shall be stated by the sheriff denying the application suspension or revocation, including all sources of information upon which the sheriff based his findings of fact; and

    (iii) A brief statement of law and fact explaining to the applicant or licensee the sheriff’s reasons for the denial, suspension or revocation, based upon the legal authority cited by the sheriff pursuant to subparagraph (i) of this paragraph and the facts identified by the sheriff pursuant to subparagraph (ii) of this paragraph;

    (B) Provide the applicant or licensee:

    (i) A copy of the documents prepared by the sheriff pursuant to paragraph (A) of this subdivision;

    (ii) Photocopies of all writings, photographs, records or other documentary evidence upon which the sheriff based the findings of fact described in subparagraph (ii), paragraph (A) of this subdivision;

    (iii) A written notice of the procedure for requesting reconsideration of the denial, suspension or revocation and, if the applicant or licensee elects, submitting additional documentation relating to the reasons for the denial, suspension or revocation for the sheriff to consider as part of the applicant’s or licensee’s request for reconsideration;

    (iv) A written notice of the procedure for appealing the denial, suspension or revocation directly to the circuit court without requesting reconsideration by the sheriff;

    (v) A written notice of the applicant’s rights under subdivision (7), subsection (f) of this section, if the denial is a provisional denial based upon inadequate evidence of demonstrated competence with a handgun as required by subsection (d) of this section; and

    (vi) A written notice of the right of the applicant or licensee to seek review by the circuit court if the applicant or licensee elects to seek reconsideration by the sheriff of the denial, suspension or revocation and the sheriff affirms the initial denial, suspension or revocation; and

    (C) Maintain copies of the documents required by this subdivision in the application or license file for not less than two years.

    (3) Any applicant whom the sheriff denies a license or licensee whose license is suspended or revoked may file, within thirty days of the denial, suspension or revocation, a petition for reconsideration, which may include arguments for reversal of the initial denial, suspension or revocation, with or without additional documentation relating to the reasons for the denial, suspension or revocation. The sheriff shall reconsider the denial, suspension or revocation if the applicant or licensee requests reconsideration as provided in this subdivision. The sheriff shall, within twenty-one days of receiving a request for reconsideration, inform the applicant or licensee of the sheriff’s decision after reconsideration. If the sheriff affirms the initial denial, suspension or revocation after reconsideration, the sheriff shall issue the applicant or licensee a notice of the sheriff’s action in the same form and substance as the initial notice of denial, suspension or revocation, specifically address any continued deficiencies in light of any arguments or additional documentation submitted by the applicant or licensee and provide a notice of the right of the applicant or licensee to petition the circuit court for review of the sheriff’s decision.

    (4) Any person denied a license or whose license is suspended or revoked may file, in the circuit court of the county in which the application was made or the license was suspended or revoked, without regard to whether the person has petitioned the sheriff for reconsideration under subdivision (3) of this subsection, a petition seeking review of the denial, suspension or revocation. Such The petitioner shall file the petition shall be filed for review within thirty sixty days of the later of: (i) The date of the original denial, suspension or revocation; or (ii) the date of the affirmation of the denial, suspension or revocation upon reconsideration if the person requested reconsideration following the initial notice of denial, suspension or revocation pursuant to subdivision (3) of this subsection. The petition shall name the sheriff who denied, suspended or revoked the license as the respondent. The court shall, except when otherwise requested by the petitioner, assign the petition a high priority on its civil docket and hear the petition on an expedited basis. The court shall then determine whether the applicant petitioner is entitled to the issuance or reinstatement of a license under the criteria set forth specified 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. The court shall review de novo all matters within the scope of its review, but shall presume the petitioner to meet all specific qualifications for licensure not identified by the sheriff pursuant to subparagraph (i), paragraph (A), subdivision (2) of this subsection, as the basis for the denial of the application or suspension or revocation of the license, and shall limit its scope of review to whether the petitioner was disqualified from licensure for the reasons stated by the sheriff pursuant to subparagraph (i), paragraph (A), subdivision (2) of this subsection. The court shall order the sheriff to issue or reinstate a license and grant the petitioner any other relief to which he or she may be entitled, unless the sheriff proves by clear and convincing evidence that the petitioner is not qualified for licensure under the criteria specified in subsection (a) of this section.

    (5) Notwithstanding any provision of this code to the contrary, a court may not charge a filing fee or other court costs at the time any person files any petition for review of a denial, suspension or revocation of a license to carry concealed weapons pursuant to subdivision (4) of this subsection. The court shall assess all court costs on the losing party at the conclusion of the proceedings as part of its final judgment.

    (6) All judicial proceedings under this subsection shall be closed and the record sealed unless the petitioner requests, in writing, that the proceedings and record be opened. A petitioner who elects open proceedings pursuant to this subdivision may, at any time, in writing, subsequently revoke the election.

    (7) A licensee whose license is suspended or revoked shall comply with subdivision (8), subsection (q) of this section before he or she may petition the sheriff for reconsideration pursuant to subdivision (3) of this subsection or file a petition for review with the circuit court pursuant to subdivision (4) of this subsection, and a failure to comply with subdivision (8), subsection (q) of this section is jurisdictional.

    (l) (k) (1) In the event A licensee may notify the issuing sheriff and obtain a replacement license as provided by subdivision (2) of this subsection if the license is lost, stolen 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 the licensee’s residence address changes or the licensee changes his or her name.

    (2) A licensee described in subdivision (1) of this subsection who elects to obtain a replacement license shall:

    (A) File with the issuing sheriff or, if the licensee becomes a resident of a county in this state other than the county in which the license was issued, the sheriff of the licensee’s new county of residence, an affidavit declaring, as appropriate, that:

    (i) The license has been lost, stolen or destroyed;

    (ii) The licensee has changed his or her legal name and attaches a certified copy of a marriage license or court decree or other evidence of the name change; or

    (iii) The licensee’s residence address has changed. The licensee shall, unless otherwise provided by subsection (s) of this section, list the licensee’s new residence address and mailing address, if different. If the licensee has become a resident of a county in this state other than the county in which the license was issued, the licensee shall specify the county in which the license was issued;

    (B) Pay the sheriff the replacement license fee specified in subdivision (2), subsection (n) of this section; and

    (C) Unless the license for which a replacement is sought is a temporary, temporary renewal or emergency license:

    (i) Submit two passport-regulation color photographs of the licensee taken within thirty days of the date of the application for a replacement license, if the licensee files the documents specified in this subdivision and applies for the replacement license by mail; or

    (ii) Have the sheriff take a digital photograph of the licensee at the time the licensee files the application for a replacement license, if the licensee files the documents specified in this subdivision and applies for the replacement license in person.

    (3) The sheriff shall, upon receiving the items specified in subdivision (2) of this subsection:

    (A) Issue the licensee a replacement license that contains the information required by subsection (h) of this section, including, if applicable, the licensee’s new name or address; and

    (B) Notify the superintendent of any change of the licensee’s name or address if the licensee obtained the replacement license as the result of a change of the licensee’s name or residence address.

    (4) The sheriff may not require a licensee who applies for a replacement license pursuant to this subsection to surrender the current license until after the licensee takes actual physical possession of the replacement license. A licensee who obtains a replacement license pursuant to this subsection shall, after receiving actual physical possession of a replacement license, surrender the old license to the sheriff that issued the replacement license unless the licensee declared the replaced license lost, stolen or destroyed pursuant to subparagraph (i), paragraph (A), subdivision (2) of this subsection.

    (5) Any licensee may, at any time, without charge or payment of any fee, obtain a replacement license card if:

    (A) The licensee is an existing licensee as of the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, has not changed his or her name or address and desires a new license card for the purpose of having a license card that shows the licensee’s new class of license under the 5-class licensing system created as part of the amendments to this section enacted during the 2011 Regular Session of the Legislature, or which does not contain the licensee’s Social Security number or an indication that the license is applicable only to pistols and revolvers; or

    (B) The licensee has not changed his or her place of residence but the licensee’s residence has been assigned a new street address by the licensee’s county or municipality of residence.

    (6) When a licensee becomes a resident of a county other than the county in which the license was issued and applies to the sheriff of his or her new county of residence for a replacement license pursuant to this subsection, the sheriff of the licensee’s new county of residence shall notify the issuing sheriff of record within five business days. Within five business days of receipt of a notice from the sheriff of another county that the licensee has moved to that county and applied for a replacement license, the issuing sheriff of record shall transfer the licensee’s license file to the sheriff of the licensee’s new county of residence and the sheriff of the licensee’s new county of residence shall become the issuing sheriff of record.

    (m) (l) (1) The sheriff shall, immediately after the issuing a license is granted as aforesaid to carry concealed weapons, furnish the superintendent of the West Virginia state police a certified copy of the approved application. It shall be the duty of Upon a written request from the Attorney General, the superintendent or the prosecuting attorney of that county for a list of all licenses issued in the county, the sheriff to shall furnish to the superintendent of the West Virginia state police at any time so requested requesting official a certified list of the names, birth dates, license class, addresses and telephone numbers, e-mail addresses and other personally-identifying information on file of all such licenses issued licensees in the county within ten business days of receipt of the written request.

    (2) The superintendent of the West Virginia state police shall maintain a an automated registry of all persons who have been issued concealed weapons licenses licensees under this section and section five of this article and other pertinent information, which shall be available online, upon request, at all times to all law-enforcement and criminal justice agencies throughout the United States. The superintendent may respond only to inquiries limited to verifying an individual license or determining whether a specific, named individual is a licensee. A law-enforcement or criminal justice agency may not conduct random inquiries on whether a specific, named individual is a licensee unless the person is subject to a lawful criminal investigation, arrest, detention or an investigatory stop and the requesting agency has reasonable suspicion to believe the person is carrying a concealed weapon or is otherwise engaging in an act whose legality depends on whether the person is licensed under this section or section five of this article. The superintendent shall maintain and operate a concealed weapons license verification service, which shall be operational twenty-four hours a day, seven days a week, through a dedicated telephone number and the national law-enforcement telecommunication system, for the purpose of responding to law-enforcement inquiries from any law-enforcement agency within the United States or licensed firearm dealer within this state concerning the validity of an individual license issued under this section or section five of this article or determining whether a specific, named individual is a licensee pursuant to this section or section five of this article.

    (3) The sheriff shall immediately notify the superintendent, by electronic means, including e-mail or facsimile transmission, if the sheriff suspends or revokes a license, denies a renewal application for which a license has been extended pursuant to subdivision (2), subsection (g) of this section or receives a voluntarily-surrendered license, that the license is no longer valid, and the superintendent shall cause the concealed weapons license database to be updated accordingly.

    (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 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) A person who is (m) All persons engaged in the receipt, review, or in the issuance, suspension, or revocation or reinstatement of a concealed weapon any license does not incur any civil liability to carry concealed weapons under this section or section five of this article shall be immune from liability in a civil action as the result of the lawful performance of his or her duties under this article or, unless the person committed willful misconduct or gross negligence, for the acts or omissions of any licensee, including misconduct with a deadly weapon committed by any licensee.

    (n)(1) Each applicant shall pay to the sheriff, at the time of application, a nonrefundable license fee of $60, which shall, whenever the license, if granted, will be issued for a period of other than five years pursuant to subdivision (1) or (4), subsection (g) of this section or was extended pursuant to subdivision (2), subsection (g) of this section, be prorated at a rate of $1 per month for which the license sought is to be issued and by which the license was extended pursuant to subdivision (2), subsection (g) of this section, exclusive of the remaining period of validity of a current license for which a license fee was previously paid in the case of renewal applications, unless the applicant is exempt from payment of the fee pursuant to subdivision (5) of this subsection. In determining the amount of time for which a license would be issued, the license shall be presumed issued on the expiration date of a license for which a renewal application is filed prior to its date of expiration or, in any other case, the deadline for action on the application specified in subdivision (4), subsection (f) of this section, regardless of whether a license is issued sooner.

    (2) A licensee who applies for a replacement license pursuant to subsection (k) of this section, shall, unless the licensee is exempt from payment of the fee pursuant to subdivision (5) of this subsection or subdivision (5), subsection (k) of this section, pay the sheriff a replacement license fee of $5 if the licensee applies for a replacement license before January 1, 2012, or, if the licensee applies for a replacement license after December 31, 2011, pay the sheriff a replacement license fee of $5 if the licensee applies for a replacement license within thirty days of the loss, theft or destruction of the license or change of the licensee’s name or address or $10 if the licensee applies for a replacement license more than thirty days after the loss, theft or destruction of the license or change of the licensee’s name or address.

    (3) Except as otherwise provided in subdivision (9) of this subsection, notwithstanding any other provision of this code to the contrary, the fees prescribed in subdivisions (1) and (2) of this subsection cover all services performed by any public agency in connection with the application and the issuance of a license, other than a training course described in subsection (d) of this section, including without limitation the taking of the applicant’s photograph and, if applicable, fingerprints, by the sheriff and all background checks required by subsection (b) of this section, or issuing a replacement license pursuant to subsection (k) of this section. The required remittance under subdivision (1), subsection (c) of this section is the only fee a sheriff shall be required to pay for the services of the State Police in the performance of the state background checks required by subsection (b) of this section. Notwithstanding any provision of this code to the contrary, any other fee required or authorized outside this section or section five of this article shall be inapplicable to applicants for licenses under this section and section five of this article.

    (4) If the Attorney General, Superintendent or prosecuting attorney requests from the sheriff a list of licenses issued in the county pursuant to subdivision (1), subsection (l) of this section, the sheriff shall charge the requesting official a fee equal to the actual cost incurred by the sheriff in fulfilling the request.

    (q) Notwithstanding the provisions of subsection (a) of this section, with respect to application by (5) A former law-enforcement officer honorably retired from agencies any agency governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and or 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 other than the Class 1 license application fingerprinting fee under subdivision (10) of this subsection.

    (6) Each sheriff shall accept, as payment for any fee an applicant or licensee is required to pay the sheriff under this section:

    (A) Cash, personal checks drawn on a personal account of the applicant or licensee on which are printed the name and residence or other mailing address of the applicant or licensee, cashier’s checks, certified checks, money orders or any method the sheriff accepts in person from an individual for payment of taxes collected by the sheriff, for fees paid in person;

    (B) Personal checks drawn on a personal account of the applicant or licensee on which are printed the name and residence or other mailing address of the applicant or licensee, cashier’s checks, certified checks, money orders or any method the sheriff accepts by mail from an individual for payment of taxes collected by the sheriff, for fees paid by mail.

    (7) Each sheriff may, in his or her discretion, accept methods of payment other than those required by subdivision (6) of this subsection, for the payment of any fee any applicant or licensee is required to pay the sheriff under this section.

    (8) The sheriff may not apply any surcharge or discount to any fee paid by an applicant or licensee based on the method of payment.

    (9) The sheriff may charge a fee for any dishonored check, draft or order not to exceed the amount authorized by section thirty-nine-e, article three of this chapter.

    (10) An applicant for a Class 1 license who is required to submit fingerprints pursuant to subdivision (17), subsection (a) of this section shall, in addition to any other fees required by this section, pay the sheriff a nonrefundable fee equal to the fee charged by the Federal Bureau of Investigation for its fingerprint processing and background check services.

    (o)(1) Each sheriff shall accept applications, notices of change of name or address and other filings under this section in person and by mail. Each sheriff shall accept filings under this section and perform services required under this section during all normal business hours, including all hours when the sheriff’s tax office is open to the public.

    (2) Each sheriff shall maintain on file with the Attorney General a current physical street address where the sheriff accepts filings under this section in person, the days and hours of operation of that office and the mailing address the sheriff uses to accept filings by mail. The Attorney General shall make available to the public a list of this information, free of charge, on the Internet and in print.

    (3) The sheriff shall cause all mail the sheriff receives at the listed mailing address designated by the sheriff pursuant to subdivision (2) of this subsection to be checked, opened and processed each business day. Applications submitted by first-class mail shall be presumed, subject to rebuttal by clear and convincing evidence, to be filed with the sheriff not later than the third day, excluding Sundays and legal holidays, after the postmark date on the envelope in which the application was mailed. If an applicant submits an application by registered or certified mail or by any other means through which the United States Postal Service provides official confirmation of the delivery date, the sheriff shall be estopped from denying receipt of the application on the delivery date confirmed by the United States Postal Service.

    (r) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon permit issued in accordance with the provisions of this section shall authorize the holder of the permit to carry a concealed pistol or revolver on the lands or waters of this state.

    (p)(1) Notwithstanding any provision of this code, the Code of State Rules, the common law of this state or any other law of this state to the contrary:

    (A) This section sets forth the complete and exclusive criteria and procedures for the issuance of licenses to carry concealed weapons and establishes their nature and scope.

    (B) The Legislature does not delegate to the Attorney General, the superintendent or any sheriff, public agency or other person or body acting under color of law or governmental authority, the authority to regulate or restrict the issuing of licenses provided in this section beyond the provisions contained in this section.

    (C) A sheriff, law-enforcement officer, public agency or other person or body acting under color of law or governmental authority may not change, modify, or supplement the licensing criteria or procedures prescribed by the Legislature in this section, limit the exercise of a license to carry concealed weapons or require an applicant or licensee to provide any documentation or information not specifically authorized by this section or solicited by the uniform application form prescribed by the Attorney General.

    (D) A public or private employer or contracting entity may not condition employment or contracting on the fact that a current or prospective employee or contractor is not an applicant or licensee under this section or section five of this article or authorized by subsection (d), section three of this article to carry a concealed weapon without a license.

    (E) Except as otherwise provided in subparagraph (iv), paragraph (A), subdivision (4), subsection (d) of this section, this section shall be liberally construed to effect the right of an individual to bear arms for self-defense.

    (F) This section is supplemental and additional to existing rights to bear arms, and nothing in this section may be construed to impair or diminish those rights.

    (G) The entire field of regulation of the carrying of concealed weapons or open or concealed carrying of concealable weapons, by any licensee under this section or section five of this article or any person who is authorized by subsection (d), section three of this article, to carry a concealed weapon without a license, is fully occupied and preempted by the Legislature.

    (H) Any person who is a licensee under this section or section five of this article, or authorized by subsection (d), section three of this article, to carry a concealed weapon without a license, has the absolute right to carry concealed weapons or handguns and other concealable weapons, either openly or concealed, anywhere, at any time, throughout this state, without restriction by any person or entity, regardless of whether the person or entity is a public agency or private actor or whether it is acting in a police, proprietary, employment or contracting capacity, except where prohibited or restricted by:

    (i) Section eight, article five of this chapter;

    (ii) Sections eleven-b, eleven-c, eleven-d or fourteen of this article;

    (iii) Subdivisions (5) through (10), subsection (d), section sixteen of this article; or

    (iv) Any federal law or regulation.

    (I) In addition to any other remedies provided by law and in addition to any other persons who may have standing to sue, any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, may bring a civil action to enforce this subsection against any public agency that adopts or enforces any ordinance, rule or policy, or takes any administrative action or engages in any other official act that violates this subsection or any private contracting entity, employer, higher education institution or property owner who violates paragraph (A), (B), (C), (D), (G) or (H) of this subdivision, and obtain declaratory and injunctive relief, actual and consequential damages attributable to any violation of paragraph (A), (B), (C), (D), (G) or (H) of this subdivision, attorney’s fees pursuant to section twenty of this article, liquidated damages of three times the attorney’s fees awarded pursuant to section twenty of this article and any other relief to which the plaintiff may be entitled under any other law of this state. The court shall, except when otherwise requested by the plaintiff, assign the case a high priority on its civil docket and hear the case on an expedited basis.

    (J) Any person who willfully violates the rights of any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, under paragraph (A), (B), (C), (D), (G) or (H) of this subdivision is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than five years, fined not more than $50,000, or both fined and imprisoned. Any person who otherwise violates the rights of any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, under paragraph (A), (B), (C), (D), (G) or (H) of this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than one year, fined not more than $10,000, or both fined and confined. In all cases, any public officer who is convicted of violating the rights of any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, under paragraph (A), (B), (C), (D), (G) or (H) of this subdivision shall forfeit his or her office pursuant to section nine, article six, chapter six of this code. Except as required by the provisions of the state Constitution or the United States Constitution, public funds may not be used to defend the unlawful conduct of any person charged with a violation of paragraph (A), (B), (C), (D), (G) or (H) of this subdivision, except where such funds are obligated or paid after the final dismissal of charges against such person or acquittal at trial, or where public funds are expended to provide the services of the office of public defender or court-appointed counsel as otherwise provided by law.

    (K) In addition to any other remedies available by law for a violation of paragraph (A), (B), (C), (D), (G) or (H) of this subdivision, any violation of the rights of any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, under paragraph (A), (B), (C), (D), (G) or (H) of this subdivision is, for the purposes of article six, chapter six of this code, per se official misconduct by every public officer who engages in conduct that violates paragraph the rights of any licensee under this section or section five of this article or any person authorized by subsection (d), section three of this article, to carry concealed weapons without a license, under paragraph (A), (B), (C), (D), (G) or (H) of this subdivision.

    (L) When a licensee under this section or section five of this article or person authorized by subsection (d), section three of this article to carry concealed weapons without a license is accused of committing any misdemeanor under section three, eleven-a, eleven-b, eleven-c or fourteen of this article, a citation in lieu of arrest pursuant to section five-a, article one, chapter sixty-two of this code or a summons issued pursuant to Rule 4 of the West Virginia Rules of Criminal Procedure for Magistrate Courts shall be the sole modes of commencing a criminal prosecution for the alleged offense and the accused may not be arrested unless he or she demands to be taken immediately before a magistrate, refuses to sign a citation or accept service of a summons, refuses to cease and desist from any alleged violations of this article or the arresting officer reasonably believes the accused is likely to fail to appear to answer the charge. If a licensee under this section or section five of this article or person authorized by subsection (d), section three of this article to carry concealed weapons without a license is arrested for committing any misdemeanor under section three, eleven-a, eleven-b, eleven-c or fourteen of this article, there shall be a strong presumption in favor of releasing the defendant on his or her own recognizance.

    (M) When a licensee under this section or section five of this article or person authorized by subsection (d), section three of this article to carry concealed weapons without a license is charged with any misdemeanor under section eleven-a, eleven-b, eleven-c or fourteen of this article, the defendant may move for a continuance of the proceedings for a period to be determined by the court of not more than one hundred eighty days. During the pendency of any continuance under this paragraph, all records of the case in possession of the court, prosecuting attorney and any West Virginia law-enforcement agency shall be placed under seal, shall be confidential, are not public records and may be copied or inspected only by the defendant or the defendant’s attorney of record, or upon order of the court with good cause shown and notice to the defendant and an opportunity to respond. The sole condition for a continuance pursuant to this paragraph shall be that the defendant not, during the period of the continuance, violate this article or commit any crime for which a conviction would result in the defendant’s disqualification from licensure under this section. Upon the expiration of the continuance, the court shall dismiss the charges with prejudice and order all records of the charges to be expunged unless the court finds that, during the continuance, the defendant committed another violation of this article or any crime for which a conviction would result in the defendant’s disqualification from licensure under this section. If the defendant fails to qualify for dismissal of the charges and expungement pursuant to this paragraph, the court may proceed to an adjudication of the pending charges. A motion for a continuance under this paragraph may not be construed as an admission or be used as evidence.

    (N) When a licensee under this section or section five of this article or person authorized by subsection (d), section three of this article to carry concealed weapons without a license is convicted of committing any misdemeanor under section three, eleven-a, eleven-b, eleven-c or fourteen of this article and appeals the conviction, there shall be a strong presumption in favor of granting the defendant postconviction bail and continuing the defendant’s pretrial bail or personal recognizance pending the disposition of all appeals.

    (2) (A) Subject to any other requirements of federal law, the Constitution of this state and this code, a sheriff may exercise his or her sound discretion in:

    (i) Overruling a presumption of inebriation described in subdivision (3) of this subsection;

    (ii) Accepting alternative proof of vision under subparagraph (iii), paragraph (A), subdivision (9), subsection (a) of this section;

    (iii) Accepting a demonstration of basic competence with a handgun not enumerated in paragraphs (A) through (M), subdivision (2), subsection (d) of this section, that the sheriff is authorized to accept pursuant to paragraph (N), subdivision (2), subsection (d) of this section;

    (iv) Temporarily suspending for not more than twenty-one days the diligent processing requirement of subdivision (2), subsection (f) of this section during a proclaimed state of emergency, as provided by that subdivision;

    (v) Authorizing additional acceptable means of payment of fees required under this section pursuant to subdivision (7), subsection (n) of this section;

    (vi) Establishing and modifying a worthless check fee pursuant to subdivision (9), subsection (n) of this section; and

    (vii) Determining whether an applicant or licensee is entitled to have an alternate address printed on his or her license pursuant to paragraph (D), subdivision (1), subsection (s) of this section.

    (B) All duties of a sheriff under this section not specified in paragraph (A) of this subdivision and all duties of the superintendent under this section are wholly ministerial duties with regard to whose exercise the Legislature accords no discretion.

    (3) For the purposes of subdivision (7), subsection (a) of this section, a person shall be presumed, subject to rebuttal, to be an inebriate if, within the immediate preceding three years, the person has been convicted of two or more intoxication-related offenses.

    (q) (1) The sheriff shall suspend or revoke a license to carry concealed weapons if the licensee becomes unable to meet the initial licensure criteria specified in this section. When the sheriff suspends or revokes a license, the sheriff shall comply with the provisions of subsection (j) of this section and subdivision (3), subsection (l) of this section and, within two business days after the suspension or revocation, notify the licensee in writing, by either personal service or certified mail, return receipt requested, of the suspension or revocation, the licensee’s duties under subdivision (8) of this subsection and the criminal penalty for violating subdivision (8) of this subsection. The sheriff shall effect personal service of any notice of suspension or revocation if the licensee refuses service of the notice by certified mail. If the licensee fails to comply with the provisions of subdivision (8) of this subsection, the sheriff shall take appropriate actions to enforce subdivision (8) of this subsection, including, if appropriate, petitioning the magistrate court for a warrant search for and seize the license card and, if the sheriff has probable cause to believe the licensee has violated subdivision (8) of this subsection, file a criminal complaint and obtain a summons or arrest warrant charging the licensee with violating subdivision (8) of this subsection. Nothing contained in the foregoing sentence may be construed to limit or restrict a search of any other place the sheriff may lawfully search, or obtain a search warrant to search, for the license card. The affidavits for any search warrant or criminal complaint shall include the date, time, and manner of service of the notice of suspension or revocation of the license, sufficient in form to clearly indicate the expiration of the licensee’s time to comply with subdivision (8) of this subsection.

    (2) The sheriff shall suspend a license if any fee paid under this section is dishonored or returned and the licensee fails to pay the fee plus any dishonored payment fees within the time provided by section thirty-nine-a, article three of this chapter. The notice specified in section thirty-nine-a, article three of this chapter shall include a notice that the license may be suspended indefinitely if the licensee dues not pay the full arrearage. A suspension for a dishonored fee payment does not affect any civil or criminal remedies otherwise authorized by law. The sheriff shall suspend a license if the sheriff finds that the licensee did not properly demonstrate competence with a handgun as required by subsection (d) of this section for the applicable class of license: Provided, That if the sheriff finds a Class 1, 2 or 4 licensee failed to demonstrate competence in handling and firing a handgun pursuant to subdivision (4), subsection (d) of this section, but met the requirement of demonstrating basic competence with a handgun prescribed by subdivision (2), subsection (d) of this section, the sheriff shall suspend the licensee’s Class 1, 2 or 4 license classification and issue the licensee a Class 3 or 5 license and the licensee may seek a reconsideration of or appeal the sheriff’s decision on suspending the higher class of license and maintain the lower class of license until qualifying for the higher class of license originally issued or succeeding in a reconsideration or appeal of the original decision on suspending the higher license classification. The sheriff shall suspend a license if the licensee has become disqualified from continued licensure by reason of any indictment, court order described in subdivision (8), subsection (a), section seven of this article or 18 U.S.C. §922(g)(8) or other temporary disqualification. The sheriff shall revoke a license if the licensee otherwise becomes disqualified from continued licensure.

    (3) The sheriff shall reinstate a license suspended for a dishonored fee payment shall remain suspended if the licensee pays the arrearage and applicable dishonored check fee in full. The sheriff shall reinstate a license suspended for the licensee’s failure to demonstrate competence with a handgun as required by subsection (d) of this section, if the licensee presents satisfactory evidence of qualification under subsection (d) of this section. A license suspended for any other reason shall remain suspended until the licensee becomes eligible for licensure under this section. If a suspended license is reinstated, the licensee shall, unless the suspension occurred solely by reason of an indictment against which the licensee prevailed, be subject to the applicable fee for a replacement license. If a license is revoked and the licensee subsequently becomes eligible for licensure or a suspended license expires prior to its reinstatement, the licensee shall apply for a new license as a first-time applicant.

    (4) The superintendent shall electronically cross-reference the concealed weapons license database maintained pursuant to subdivision (2), subsection (l) of this section with relevant criminal justice, immigration and mental health record databases and shall automatically alert an issuing sheriff to any indication derived from these cross-references that a licensee may have become disqualified from continuing licensure. The superintendent shall, not less than once monthly, conduct a background check by means of electronic data transfer on each licensee under this section and section five of this article through the State Police Criminal Identification Bureau, the National Crime Information Center, the Interstate Identification Index and the National Instant Criminal Background Check System, to verify continuing eligibility. The superintendent or sheriff may also conduct additional background checks on a licensee at any time during the period that a license is in effect to verify continuing eligibility.

    (5) The clerk of any court in this state in which a person becomes prohibited by 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven of this article from possessing forearms by reason of having been adjudicated as a mental defective or involuntarily committed to a mental institution, shall determine whether the person is a licensee under this section or section five of this article. If the clerk of the court determines that the person is a licensee under this section or section five of this article, the clerk shall notify the issuing sheriff of the person’s identity, address and other personally-identifying information known to the court and not otherwise prohibited by law from being transmitted for this purpose and the nature of the conduct, adjudication or commitment that resulted in the notification. The clerk shall also notify the sheriff of any event removing firearm disabilities under 18 U.S.C. §922(g)(4) or subdivision (4), subsection (a), section seven of this article.

    (6) Whenever a person is indicted for or otherwise charged with an offense that would, upon conviction, prohibit the person from possessing a firearm or carrying a concealed weapon or otherwise disqualify the person from licensure under this section, the prosecuting attorney shall ascertain whether the person is a licensee under this section or section five of this article. If the person is a licensee under this section or section five of this article, the prosecuting attorney shall notify the issuing sheriff that the licensee has been charged with a disqualifying offense. The prosecuting attorney shall also notify the sheriff of the final disposition of the case.

    (7) Upon receiving a notification from any court, prosecutor or law-enforcement agency of this state, the United States or another state, that a licensee is disqualified from licensure, the issuing sheriff shall perform an independent investigation to determine whether the licensee is the same person to which the potentially disqualifying information pertains and whether the licensee has actually become disqualified from continuing licensure.

    (8) A licensee shall surrender the license to the issuing sheriff or file with the issuing sheriff an affidavit, under penalty of false swearing under section two, article five of this chapter, declaring that the license has been lost, stolen or destroyed and that the licensee is unable to surrender the license to the sheriff for that reason, unless a court of competent jurisdiction enjoins the application of this subdivision to the affected licensee for good cause shown, within two business days of receiving notice of the suspension or revocation or if the licensee becomes ineligible for continued licensure regardless of whether the sheriff suspends or revoked the license. Any person who knowingly and willfully fails to surrender a license or file the alternative affidavit with the sheriff as required by this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, confined in jail for not more than six months, or both fined and confined. Venue for any prosecution of a violation of this subdivision shall be the county in which the license was issued or, if the licensee had transferred the license to another county, the county of the current issuing sheriff of record.

    (9) The Attorney General, or the prosecuting attorney of the county of the issuing sheriff of record, upon his or her own initiative may, or upon complaint of any law-enforcement officer, prosecutor, justice, judge or magistrate shall, if he or she finds reasonable grounds to suspect a licensee was licensed or is currently licensed in violation of this section, investigate any licensee and issuing sheriff to determine whether the licensee was licensed or is currently licensed in violation of this section. Whenever the Attorney General or applicable prosecuting attorney finds probable cause to believe that a licensee was licensed or is currently licensed in violation of this section, he or she may bring a civil action in the name of the state in the circuit court of the issuing county of record against the licensee and issuing sheriff of record to seek the enforcement of the applicable suspension or revocation and license surrender requirements of this subsection. The burden of proof is on the plaintiff to prove by clear and convincing evidence that the licensee is disqualified from licensure in the same manner required of the sheriff by subdivision (4), subsection (4) of this section, to sustain a denial, suspension or revocation of a license upon appeal to the circuit court.

    (r)(1) Before January 1, 2012, the sheriff may, and, after December 31, 2011, the sheriff shall, at least sixty days and not more than ninety days prior to the expiration of each license other than a temporary license issued pursuant to subdivision (6), subsection (f) of this section or a license extended pursuant to subdivision (2), subsection (g) of this section for which the sheriff issued a renewal notice pursuant to this subdivision prior to the license’s original expiration date, mail to the licensee at the last mailing address of the licensee known to the sheriff a notice of expiration and renewal procedures. The sheriff shall include in this notice an application for renewal and a statement of the physical street address and hours for applying for renewal in person, the mailing address for applying for renewal by mail, the telephone number of the sheriff’s office, the date on which the renewed license will expire if issued, as computed pursuant to subsection (g) of this section, the calculated renewal fee as computed pursuant to subsections (g) and (n) of this section and the methods of payment accepted by the sheriff for the payment of the fee. The sheriff shall include only the name and address of the licensee and the appropriate return mail address on outside of the envelope containing the license renewal notice. The sheriff may not print on the outside of the envelope any other information relating to the licensee nor any indicia that the contents of the envelope pertain to a license to carry concealed weapons.

    (2) Except as otherwise provided by subsection (y) of this section, a licensee may apply for renewal of a license at any time beginning one year prior to the expiration date of the licensee’s current license.

    (3) If a licensee desires to upgrade the class of his or her license before the renewal period specified in subdivision (2) of this subsection, the licensee shall file with the sheriff of the county in which he or she resides if the licensee is a resident of this state, or the issuing sheriff of record if the licensee is a nonresident:

    (A) An application for a modified license on a form prescribed by the Attorney General;

    (B) The replacement license fee prescribed by subdivision (2), subsection (n) of this section;

    (C) A photocopy of the licensee’s current license;

    (D) If the licensee is currently a Class 3 licensee seeking an upgrade to a Class 1 or 2 license or a Class 5 licensee seeking an upgrade to a Class 1, 2 or 4 license, the required certification of live fire shooting proficiency under subdivision (2), subsection (d) of this section; and

    (E) If the licensee is seeking an upgrade to a Class 1 license, fingerprints under subdivision (17), subsection (a) of this section and, in addition to the replacement license fee prescribed by subdivision (2), subsection (n) of this section, the Federal Bureau of Investigation fingerprinting fee under subdivision (10) subsection (n) of this section.

    (4) A Class 5 licensee who has attained the age of twenty-one years shall apply for renewal as a Class 3 licensee unless he or she has met the requirements for a Class 1 or 2 license and seeks to renew as a Class 1 or 2 licensee. A Class 4 licensee who has attained the age of twenty-one years shall apply for renewal as a Class 2 licensee unless he or she has met the requirements for a Class 1 license and seeks to renew as a Class 1 licensee.

    (5) The sheriff may not require an applicant for renewal or modification of a license under this section to surrender a current, unexpired license or a license extended pursuant to subdivision (2), subsection (g) of this section until after the licensee takes actual physical possession of the new license card. A licensee who obtains a renewal or modified license pursuant to this subsection shall, unless the licensee declared the former license lost, stolen or destroyed pursuant to subparagraph (i), paragraph (A), subdivision (2), subsection (k) of this section, and after receiving actual physical possession of the renewal or modified license, surrender the former license to the issuing sheriff unless the licensee previously surrendered the former license.

    (s)(1) The sheriff may print on the face of a license an address other than the licensee’s residence address if:

    (A) The licensee is enrolled in a state address confidentiality program;

    (B) The licensee’s address is entitled to be suppressed under a state or federal law or suppressed by a court order;

    (C) The sheriff determines that the licensee has no fixed or post office recognized designated address of principal residence and must instead utilize another address; or

    (D) At the discretion of the sheriff, the licensee’s address should be suppressed to provide security for classes of licensees such as law-enforcement officers, prosecutors, protected witnesses, members of the state and federal judicial systems and their spouses.

    (2) A person described in paragraph (A) or (B), subdivision (1) of this subsection may use an alternate address designated by the address confidentiality program or by the court or other federal or state government agency for the purposes of this section, if the agency designating the alternate address provides to the sheriff verification of the state in which the applicant or licensee resides and, if the applicant or licensee resides in this state, the county in which the applicant or licensee resides.

    (t)(1) The Superintendent shall, not later than the twentieth day of each regular session of the Legislature, submit to the Governor, the Attorney General and the Legislative Librarian a statistical report for the prior calendar year that contains:

    (A) The number of license applications and licenses issued, suspended, revoked and denied, further categorized by the age, sex, county and ZIP code of the applicant or licensee and license class, since the previous submission, subdivided by month, and in total;

    (B) The number of licenses currently valid as of the last day of the prior calendar year, categorized by county, ZIP code and license class;

    (C) The specific reasons for each suspension, revocation and denial and the number of reversed, canceled or corrected actions;

    (D) The numbers of arrests, convictions and types of offenses, other than minor traffic violations or offenses not punishable by incarceration, committed during the prior calendar year by individuals licensed to carry concealed weapons under this section and section five of this article, subdivided by county, ZIP code and license class, including data as to the number of crimes committed by individuals who used in furtherance of the crime a deadly weapon that was lawfully concealed solely by virtue of any such license;

    (E) To the extent known or determinable, data on the justifiable use of firearms or concealed weapons in self-defense or the defense of other persons by licensees under this section and section five of this article;

    (F) The numbers of arrests, convictions and types of offenses, other than minor traffic violations or offenses not punishable by incarceration, committed in this state during the prior calendar year by qualified out-of-state licensees, subdivided by state, including data as to the number of crimes committed by individuals who used in furtherance of the crime a deadly weapon that was lawfully concealed solely by virtue of a reciprocal state’s license;

    (G) To the extent known or determinable, data on the justifiable use of firearms or concealed weapons in self-defense or the defense of other persons within this state by qualified out-of-state licensees;

    (H) The mean and median amount of time and the longest and shortest amount of time used by the Federal Bureau of Investigation to process the fingerprints of applicants for Class 1 licenses and return a complete national criminal background check report to the requesting sheriff;

    (I) The actual cost incurred by the State Police per license issued during the prior calendar year, for background check performed on each applicant as part of the background checks required by subsection (b) of this section;

    (J) Receipts, disbursements and any surplus or deficit incurred by the State Police Concealed Weapons License Background Check Administration Fund for the fiscal year that ended during the prior calendar year;

    (K) The actual cost incurred by each county in the fiscal year that ended during the prior calendar year:

    (i) Per license issued or renewed;

    (ii) Per duplicate or replacement license card issued; and

    (iii) Paying court costs, attorney’s fees and other reasonable expenses of litigation pursuant to section twenty of this article, for applicants or licensees who prevailed in appeals of denials, suspensions or revocations of licenses or obtained mandamus relief to compel the sheriff to act as required by this section or section five of this article; and

    (L) Each county’s concealed weapons license administration fund balance at the end of the fiscal year that ended during the prior calendar year.

    (2) Each sheriff shall, upon written request from the superintendent, furnish to the superintendent all information available to the sheriff necessary in the compilation of the annual reports required by subdivision (1) of this subsection.

    (3) The Attorney General shall make the superintendent’s annual reports under subdivision (1) of this subsection available to the public on the Internet free of charge and in print at a cost not to exceed the actual marginal cost of publication of each printed copy.

    (u)(1)(A) The Attorney General shall, not earlier than ninety days nor later than one hundred twenty days after adjournment sine die of each regular session of the Legislature, in the month of December of each year and at any other times the Attorney General may determine, notify the Attorney General and concealed weapon licensing authority, if any, of every other state, in writing, of the provisions of subdivision (1), subsection (d), section three of this article and make written inquiry of whether the other state will extend full faith and credit to licenses issued pursuant to this section and section five of this article and, if so, which classes of licenses and any applicable restrictions based upon an individual licensee’s age or residence.

    (B) The Attorney General shall:

    (i) Negotiate and execute reciprocity agreements on behalf of this state with states that require a reciprocity agreement to accord full faith and credit to licenses issued pursuant to this section;

    (ii) Seek to establish, by reciprocity agreement or otherwise, the extension of full faith and credit to all classes of licenses issued pursuant to this section by all states whose laws permit the same, without a requirement for any additional license, qualification or payment of any fee by a West Virginia licensee; and

    (iii) Maintain efforts to obtain a reciprocity agreement for all classes of licenses under this section and section five of this article from any state that may generally honor licenses issued by this state but affords greater recognition, including exemptions from obtaining an additional license if regularly employed, attending a higher education institution or conducting a business in that state, to all classes of licenses issued by states that have executed reciprocity agreements with that state.

    (C) Notwithstanding paragraph (A) of this subdivision, the Attorney General is not required to recontact another state while a reciprocity agreement with that state is in force or the state extends full faith and credit to all classes of licenses issued pursuant to this section in the absence of a reciprocity agreement, including when the reciprocity agreement or other extension of full faith and credit is:

    (i) Limited only to handguns or a similar firearm classification;

    (ii) Subject to:

    (I) A restriction or prohibition on residents of the other state using this state’s license in that state; or

    (II) A residency restriction limiting recognition only to licenses held by residents of this state; or

    (iii) Subject to a combination of the limitations described in subparagraphs (i) and (ii) of this paragraph.

    (D) The Legislature acknowledges that the majority of license-issuing states issue licenses only for the carrying of concealed handguns and not the carrying of other types of concealed weapons. A licensee of this state is subject to the laws of the state in which the licensee may carry a concealed weapon, including limitations on the types or classes of weapons that may be carried, or where such weapons may be carried, when the licensee is in the other state.

    (2) For the purposes of participation in reciprocity with other states, the official government-issued identification card issued to a law-enforcement officer or prosecutor who is described in subdivision (2) or (3), subsection (d), section three of this article but who is not a qualified law-enforcement officer under 18 U.S.C. §926B and a letter of authorization for a retired or medically discharged member of the State Police to carry concealed weapons issued by the superintendent pursuant to subsection (b), section twenty-five, article two, chapter fifteen of this code, shall be considered a license to carry concealed weapons issued by this state.

    (3) The Attorney General shall make available to the public:

    (A) A list and map of those states that have entered into reciprocity agreements with this state or granted full faith and credit to licenses issued under this section without a reciprocity agreement, subdivided by classes of licenses honored in each state; and

    (B) A list of any restrictions known to the Attorney General, by state, with regard to those matters described in subparagraphs (i) through (iii), paragraph (C), subdivision (1) of this subsection.

    (v)(1) The Attorney General shall, not later than the twentieth day of each regular session of the Legislature, submit to the Governor and the Legislative Librarian reports:

    (A) Enumerating:

    (i) The information specified in subdivision (3), subsection (u) of this section;

    (ii) The states that issue licenses similar to the license described in this section that have declined to enter into reciprocity agreements with this state and do not otherwise honor licenses issued by this state, the reasons, if any, conveyed to the Attorney General by each state for its respective position and whether each such state has a reciprocity agreement with any other state or otherwise recognizes licenses issued by any other state;

    (iii) Specific recommendations for amending this section that would result in additional states honoring each class of licenses issued pursuant to this section; and

    (iv) A public policy analysis, including any reasonable policy arguments for and against the recommendations described in subparagraph (iii) of this paragraph, and the Attorney General’s ultimate policy recommendation, concerning the recommendations described in subparagraph (iii) of this paragraph; and

    (B) Informing the Legislature of:

    (i) The status of licenses issued pursuant to this section, other than licenses extended pursuant to subdivision (2), subsection (g) of this section, as a qualifying alternative under 18 U.S.C. §922(t)(3)(A), 27 C.F.R. §478.102(d)(1) and any other applicable federal law, to a new National Instant Criminal Background Check System check on the licensee at the time of a firearm purchase or other transfer through a licensed firearms dealer within this state; and

    (ii) If licenses issued pursuant to this section on and after the effective date of the amendments to this section enacted during the 2011 Regular Session of the Legislature, other than licenses extended pursuant to subdivision (2), subsection (g) of this section, have not been listed by the Bureau of Alcohol, Tobacco, Firearms and Explosives as a qualifying alternative:

    (I) Specific recommendations for amending this section that would result in licenses issued pursuant to this section, other than licenses extended pursuant to subdivision (2), subsection (g) of this section, being listed as a qualifying alternative; and

    (II) A public policy analysis, including any reasonable policy arguments for and against the recommendations described in clause (I) of this subparagraph, and the Attorney General’s ultimate policy recommendation, concerning the recommendations described in clause (I) of this subparagraph.

    (2) The Attorney General shall make the reports required by subdivision (1) of this subsection available to the public on the Internet free of charge and in print at a cost not to exceed the actual marginal cost of publication of each printed copy.

    (w)(1) Beginning July 1, 2011, the Attorney General shall annually compile, publish and distribute to the public, free of charge, on the Internet and in print, a compendium of West Virginia weapons, self-defense and use of force laws. The Attorney General shall ensure that all information presented in each year’s edition reflects legislation enacted during the regular session of the Legislature held in the current year and reported decisions of the Supreme Court of Appeals rendered through the adjournment sine die of the January term of the Supreme Court of Appeals held in the current year. The Attorney General shall distribute to all sheriffs sufficient quantities of the current compendium of West Virginia weapons and self-defense laws to supply a copy to each person who obtains an application for a license under this section or section five of this article.

    (2) The compendium of West Virginia weapons and self-defense laws described in subdivision (1) of this subsection shall include:

    (A) This article in its entirety;

    (B) Citations and short summaries of all reported decisions of the Supreme Court of Appeals arising from this article;

    (C) Other provisions of this code relating to the possession, carrying or use of deadly weapons or the use of force;

    (D) Reported decisions of the Supreme Court of Appeals relating to the possession, carrying or use of deadly weapons or the use of physical force or deadly force in self-defense or the defense of others;

    (E) The statutory and common law of this state concerning citizen’s arrests and the use of force in connection therewith;

    (F) Beginning with the second annual edition published in the year 2012, significant changes since the preceding edition;

    (G) Beginning with the third annual edition published in the year 2013, each edition’s significant changes from the prior edition for the last five years, subdivided by year; and

    (H) Other information the Attorney General is required to collect and publicly distribute pursuant to this section other than the reports specified in subsection (u) of this section.

    (x) Any applicant or licensee may redact his or her Social Security account number from any document he or she submits to the sheriff in connection with any application or license under this section or section five of this article and the redaction shall not affect the validity of the document. Upon request of any applicant or licensee under this section or section five of this article, the sheriff shall redact the Social Security account number of the applicant or licensee from any documents in the sheriff’s possession or control furnished by the applicant or licensee in connection with any application or license under this section or section five of this article. Within five business days after receiving a request for redaction of the Social Security number of any applicant or licensee, the sheriff shall transmit a copy of that request to the superintendent. Within five business days after receiving a copy of a request for redaction from the sheriff, the superintendent shall redact the Social Security number from any records the superintendent maintains regarding any applicant or licensee in connection with any application or license under this section or section five of this article. Each application form and instructions shall clearly inform applicants and licensees of their rights under this subsection.

    (y) Notwithstanding any provisions of this section or the enactment of this section in effect immediately preceding the effective date of the amendments to this secti