H. B. 3314
(By Delegates Varner, Perdue, Miley, Hunt,
White, Beach, Campbell, Hamilton,
Hall, Shaver and Ellem)
[Introduced March 23, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-7-4 and §61-7-6a of the Code of
West Virginia, 1931, as amended, all relating to concealed
handgun licensing generally; clarifying scope of license,
limiting access to records; allowing license to remain valid
during pending of a reissuance application; removing
requirement of license applicants to supply social security
number; reciprocity agreements with other states related to
concealed handgun licenses being honored; removing the
requirement that licensees of other states be residents of the
state; and requiring that a potential reciprocating state's
licensure standards be similar to or greater than those of
this state.
Be it enacted by the Legislature of West Virginia:
That §61-7-4 and §61-7-6a of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.
(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon shall apply to the sheriff of his or her county for
such the license, and shall pay to the sheriff, at the time of
application, a fee of $75, of which $15 of that amount shall be
deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code.
Concealed weapons permits may only be issued for pistols or
revolvers. Each applicant shall file with the sheriff, a complete
application, as prepared by the Superintendent of the West Virginia
State Police, in writing, duly verified, which sets forth only the
following licensing requirements:
(1) The applicant's full name, date of birth, social security
number and a description of the applicant's physical features;
(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made and has a valid driver's license or other
state-issued photo identification showing such the residence;
(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions of this section requiring new applicants to be at least twenty-one
years of age:
Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed weapon as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return his or her license to
the issuing sheriff;
(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of a deadly weapon;
(6) That the applicant has not been convicted of a
misdemeanor offense of assault or battery either under the
provisions of section twenty-eight, article two of this chapter or
the provisions of subsection (b) or (c), section nine, article two
of this chapter in which the victim was a current or former spouse,
current or former sexual or intimate partner, person with whom the
defendant has a child in common, person with whom the defendant
cohabits or has cohabited, a parent or guardian, the defendant's
child or ward or a member of the defendant's household at the time of the offense; or a misdemeanor offense with similar essential
elements in a jurisdiction other than this state;
(7) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of
a final domestic violence protective order entered by a court of
any jurisdiction;
(8) That the applicant is physically and mentally competent to
carry such the weapon;
(9) That the applicant has not been adjudicated to be mentally
incompetent;
(10) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such the weapon: Provided, That this
requirement shall be waived in the case of a renewal applicant who
has previously qualified;
(11) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct an investigation relative to the
information contained in the application.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(5), (6), (8) and (9), subsection (a) of this section are true and correct.
(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. Such The fund shall be administered by the
sheriff and shall take the form of an interest bearing account with
any interest earned to be compounded to the fund. Any funds
deposited in this concealed weapon license administration fund are
to be expended by the sheriff to pay for the costs associated with
issuing concealed weapons licenses. Any surplus in the fund on
hand at the end of each fiscal year may be expended for other
law-enforcement purposes or operating needs of the sheriff's
office, as the sheriff may consider appropriate.
(d) All persons applying for a license must complete a
training course in handling and firing a handgun. The successful
completion of any of the following courses fulfills this training
requirement:
(1) Any official National Rifle Association handgun safety or
training course;
(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by such the institution;
(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association;
(4) Any handgun training or safety course or class conducted
by any branch of the United States Military, Reserve or National
Guard.
A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or
class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of
qualification under this section.
(e) All concealed weapons license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.
(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed: Provided, That if the application is for the renewal of a license that at the time of application was
still valid, the license shall remain valid until the applicant
receives notice from the sheriff that the application for renewal
has been issued or denied. Proof of reapplication may only be
presentation of a receipt from the office of the sheriff reflecting
payment of the required reapplication fees.
(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of $15 which the sheriff shall forward to the Superintendent
of the West Virginia State Police within thirty days of receipt.
Any such The license shall be valid for five years throughout the
state, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons
license as of December 16, 1995, 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
January 1, 1997, for any person holding a current and valid
concealed weapons license as of December 16, 1995, which contains
use restrictions placed upon the license as a condition of issuance
by the issuing circuit court. Any licenses reissued pursuant to
this subsection will be issued for the time period of the original
license.
(i) Each license shall contain the full name, social security number and address of the licensee and a space upon which the
signature of the licensee shall be signed with pen and ink. The
issuing sheriff shall sign and attach his or her seal to all
license cards. The sheriff shall provide to each new licensee a
duplicate license card, in size similar to other state
identification cards and licenses, suitable for carrying in a
wallet, and
such the license card is
deemed considered a license
for the purposes of this section.
(j) The Superintendent of the West Virginia State Police shall
prepare uniform applications for licenses and license cards showing
that such the license has been granted and shall do any other act
required to be done to protect the state and see to the enforcement
of this section.
(k) In the event If an application is denied, the specific
reasons for the denial shall be stated by the sheriff denying the
application. Any person denied a license may file, in the circuit
court of the county in which the application was made, a petition
seeking review of the denial. Such The petition shall be filed
within thirty days of the denial. The court shall then determine
whether the applicant is entitled to the issuance of a license
under the criteria set forth in this section. The applicant may be
represented by counsel, but in no case shall may the court be
required to appoint counsel for an applicant. The final order of
the court shall include the court's findings of fact and conclusions of law. If the final order upholds the denial, the
applicant may file an appeal in accordance with the Rules of
Appellate Procedure of the Supreme Court of Appeals.
(l) In the event If a license is lost or destroyed, the person
to whom the license was issued may obtain a duplicate or substitute
license for a fee of $5 by filing a notarized statement with the
sheriff indicating that the license has been lost or destroyed.
(m) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the Superintendent of the West
Virginia State Police a certified copy of the approved application.
It shall be the duty of the The sheriff to shall furnish to the
Superintendent of the West Virginia State Police at any time so
requested a certified list of all such licenses issued in the
county. The Superintendent of the West Virginia State Police shall
maintain a registry of all persons who have been issued concealed
weapons licenses.
(n) All licensees must carry with them a state-issued photo
identification card with the concealed weapons license whenever the
licensee is carrying a concealed weapon. Any licensee who fails to
have in his or her possession a state-issued photo identification
card and a current concealed weapons license while carrying a
concealed weapon shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $50 or more than
$200 for each offense.
(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.
(p) No A person who is engaged in the receipt, review or in
the issuance or revocation of a concealed weapon license shall does
not incur any civil liability as the result of the lawful
performance of his or her duties under this article.
(q) Notwithstanding the provisions of subsection (a) of this
section, with respect to application by a former law-enforcement
officer honorably retired from agencies governed by article
fourteen, chapter seven of this code; article fourteen, chapter
eight of this code; article two, chapter fifteen of this code; and
article seven, chapter twenty of this code, an honorably retired
officer is exempt from payment of fees and costs as otherwise
required by this section, and the application of the honorably
retired officer shall be granted without proof or inquiry by the
sheriff as to those requirements set forth in subdivision (9),
subsection (a) of this section, if the officer meets the remainder
of the requirements of this section and has the approval of the
appropriate chief law-enforcement officer.
(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 authorizes the holder of the permit to
carry a concealed pistol or revolver on the lands or waters of this
state.
(s) Notwithstanding the provisions of article one, chapter
twenty-nine-b of this code to the contrary, absent the entry of a
court order upon a showing of good cause, or absent the express
written consent of the applicant or licensee or his or her legally
authorized representative, the applications, licenses and reports
regarding any person applying for a permit to carry a concealed
weapon pursuant to this section may be copied or inspected only by
the following:
(1) The applicant or licensee;
(2) A duly qualified conservator or guardian of the applicant
or licensee;
(3) A duly qualified executor or administrator of the estate
of the applicant or licensee, if deceased, or, if no executor or
administrator has qualified, the next of kin of the deceased
person;
(4) 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 applicant or licensee; or
(5) A duly authorized representative of a law-enforcement
agency for any purpose or any other agency, instrumentality of
federal, state or local government seeking the record in the ordinary course of performing its official duties.
§61-7-6a. Reciprocity; out-of-state concealed handgun permits.
(a) A holder of a valid out-of-state permit or license to
carry a concealed handgun, as issued by another state with which
the State of West Virginia has executed a reciprocity agreement,
shall be recognized as valid in this state, if the following
conditions are met:
(1) The permit or license holder is a resident of the issuing
state;
(2) (1) The permit or license holder is 21 years or older;
(3) (2) The permit or license is in his or her immediate
possession;
(4) (3) The permit or license holder is not a resident of the
State of West Virginia; and,
(5) (4) The State of West Virginia has executed a valid and
effective reciprocity agreement with the issuing state pertaining
to the carrying and verification of concealed handgun licenses and
permits issued in the respective states.
(b) A holder of a valid permit or license from another state
who is authorized to carry a concealed handgun in this state
pursuant to provisions of this section is subject to the same laws
and restrictions with respect to carrying a concealed handgun as a
resident of West Virginia who is so permitted, and must carry the
concealed handgun in compliance with the laws of this state.
(c) No A license or permit from another state is not valid in
this state if the holder is or becomes prohibited by law from
possessing a firearm.
(d) The West Virginia Attorney General shall seek to enter
into and may execute reciprocity agreements on behalf of the State
of West Virginia with states which meet the following standards and
requirements:
(1) The standards applied by the other state before issuing a
concealed handgun license or permit must be equal similar to or
greater than the standards imposed by this article;
(2) This state's law-enforcement officers have continuous
access to data bases on the criminal information network,
twenty-four hours per day, seven days per week, to verify the
continued validity of any license or permit to carry a concealed
handgun that has been granted by the issuing state;
(3) The other state agrees to grant the right to carry a
concealed handgun to residents of West Virginia who have valid
concealed handgun permits issued pursuant to this article in their
possession while carrying concealed weapons in that state; and
(4) The states agree to apprise one another of changes in
permitting standards and requirements, to provide for a prompt
reexamination of whether any adopted change in licensing or
permitting standards negates the states' ability to continue with
the reciprocity agreement.
(e) The West Virginia State Police shall maintain a registry
of states with which the State of West Virginia has entered into
reciprocity agreements on the criminal information network and make
the registry available to law-enforcement officers for
investigative purposes.
(f) Every twelve months after the effective date of this
section, the West Virginia Attorney General shall make written
inquiry of the concealed handgun permitting authorities in each
other state as to: (i) Whether a West Virginia resident may carry
a concealed handgun in their state based upon having a valid West
Virginia concealed handgun permit; and (ii) whether a West Virginia
resident may carry a concealed handgun in that state based upon
having a valid West Virginia concealed handgun permit, pursuant to
the laws of that state or by the execution of a valid reciprocity
agreement between the states.
(g) The West Virginia State Police shall make available to the
public a list of states which have entered into reciprocity
agreements with the State of West Virginia.
NOTE: The purpose of this bill is to authorize reciprocity
agreements with other states related to concealed handgun licensees
of this and other states being honored; removing the requirement
that licensees of other states be residents of said state; and
requiring that a potential reciprocating state's licensure
standards be similar to or greater than this state's. It also
limits access to records, allows licenses to remain valid pending
reissuance, and removes the requirement that social security
numbers be supplied by applicants.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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