SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 3333 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 3333


(By Delegate Reynolds)
[Introduced March 23, 2009; referred to the
Committee on Natural Resources then Finance.]




A BILL to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; and to amend and reenact §20-15-2 of said code, all relating to the regulation of carrying firearms; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; clarifying that persons who are licensed or otherwise authorized to lawfully carry concealed weapons are not subject to limitations on how firearms may be carried or transported in wooded areas or in or on vehicles or vessels; providing additional lawful means for the transportation of unloaded rifles or shotguns in or on vehicles and vessels; consolidating and clarifying certain criminal penalty provisions; defining terms relating to firearms; and consolidating certain definitions.

Be it enacted by the Legislature of West Virginia:
That §20-2-19a of the Code of West Virginia, 1931, as amended, be repealed; that §20-1-2 of said code be amended and reenacted; that §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code be amended and reenacted; that §20-7-9 and §20-7-11 of said code be amended and reenacted; and that §20-15-2 of said code be amended and reenacted, all to read as follows:
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.

"All-terrain vehicle" and "ATV" have the same meaning as in section nine, article one, chapter seventeen-f of this code.
"Ammunition" means ammunition or cartridge cases, primers, bullets or propellent 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 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 those terms are defined in this section.
"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" 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.
"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, 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) If the firearm employs a percussion cap, flintlock or other obsolete ignition system, the firearm is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.

"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 et seq, 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" 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.
"Motorcycle" 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 is not a resident, as that term is 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 designated by the director.
"Person", except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include includes individuals, 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 paragraph (a) of this definition, but which are powered by an outboard motor or propeller driven motor.
"Pistol" 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 "game birds" and "unprotected birds."
"Resident" means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for license or permit: Provided, That a member of the Armed Forces of the United States who is stationed beyond the territorial limits of this state, but who was a resident of this state at the time of his or her entry into such the service and any full-time student of any college or university of this state institution of higher education, even though he or she is paying a nonresident tuition, shall be is considered a resident under the provisions of this chapter.
"Revolver" has the same meaning as in section two, article seven, chapter sixty-one of this code.
"Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
"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, fur-bearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys big game.
"Shotgun" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
"State institution of higher education" has the same meaning as in section two, article one, chapter eighteen-b of this code.

"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 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.
"Unloaded," with respect to a firearm, means the state of a firearm not being loaded, as that term is defined this section.
"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 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 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.

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

(a) Except as authorized by the director, it is unlawful at any time for any person to:
(1) Shoot at or attempt to shoot any wild bird or animal unless it is plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or attempt to take, any live wild animal or wild bird out of its den or place of refuge except as may be authorized by rules promulgated by the director or by law;
(3) (A) Except as provided in paragraphs (B) and (C) of this subdivision, make use of, or take advantage of, any artificial light in hunting, locating, attracting, taking, trapping or killing any wild bird or wild animal, or to attempt to do so, while having in his or her possession or subject to his or her control, or for while any person accompanying him or her to have has in his or her possession or subject to his or her control, any firearm rifle or shotgun, whether cased or uncased, bow, arrow, or both, or other implement or device, other than handguns, suitable for taking, killing or trapping a wild bird or animal. Provided, That it is lawful to
(B) Notwithstanding paragraph (A) of this subdivision, a person may:
(i)
Hunt or take 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 or
(ii) Hunt or take coyotes by the use of amber- or red-colored artificial light. subject to the restrictions set forth in this subdivision.
(C) No person is guilty of a violation of this subdivision merely because he or she looks for, looks at, attracts or makes motionless a wild bird or wild animal with or by the use of an artificial light, unless:
(i) At the time he or she the person has in his or her possession: a firearm
(I) A rifle or shotgun, whether cased or uncased;
(II) A bow, arrow, or both; or
(III) Any other implement or device, other than a handgun, suitable for taking, killing or trapping a wild bird or wild animal; or unless
(ii) The artificial light (other than the head lamps of an automobile or other land conveyance a vehicle or all-terrain vehicle) is attached to, a part of or used from within or upon an automobile or other land conveyance.
Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than one hundred dollars nor more than five hundred dollars and shall be imprisoned in jail for not less than ten days nor more than one hundred days a vehicle or all-terrain vehicle;
(4) Hunt for, take, kill, wound, shoot or attempt to 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 any aircraft, vehicle, all-terrain vehicle or motorboat, except as authorized by a Class Q permit or rules promulgated by the director;
(5) Take any beaver or muskrat by any means other than by trap;
(6) Catch, capture, take or kill by seine, net, bait, trap or snare or like device of any kind any wild turkey, ruffed grouse, pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully the nest or eggs of any wild bird or have in his or her physical possession of the nest or eggs of any wild bird unless authorized to do so under rules promulgated by or under a permit issued by the director;
(8) Except as provided in section six of this article Carry an uncased or loaded gun rifle or an uncased or loaded shotgun in any of the woods of this state except during the open firearms hunting season for wild animals and nonmigratory wild birds within any county of the state unless he or she has in his or her possession the person:
(A) Has been issued
a permit, in writing, issued to him or her by the director Provided, That this section shall not prohibit
(B) Is licensed under section four, article seven, chapter sixty-one of this code to carry concealed weapons;
(C) Is authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons;
(D) Is carrying the rifle or shotgun in accordance with the provisions of section six of this article; or
(E) Is
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 or open marshes of the state;
(9) Have in his or her possession a Knowingly possess or transport in or on any vehicle, all-terrain vehicle or vessel:
(A) A
crossbow with a nocked bolt; a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms are permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode;
(10) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken after the hour of five o'clock antemeridian on Sunday on private land without the written consent of the landowner any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock antemeridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock antemeridian on Sunday and the person so doing may carry only a twenty-two caliber firearm for the purpose of humanely dispatching trapped animals. Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, shall be subject to a one hundred dollar fine; or
(B) Any rifle or shotgun, unless:
(i) The person is:
(I) Licensed under section four, article seven, chapter sixty-one of this code to carry concealed weapons; or
(II) Authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons; or
(ii) The rifle or shotgun is unloaded and:
(I) Possessed or transported:
(aa) During the months of July, August or September, 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, otherwise, between the hours of five o'clock antemeridian and eight-thirty o'clock postmeridian;
(bb) During any month other than July, August or September, 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, otherwise, between the hours of seven o'clock antemeridian and five o'clock postmeridian; or
(II) Possessed or transported in one of the following ways:
(aa) In a closed package, box or case;
(bb) In a compartment that can be reached only by leaving the vehicle or vessel;
(cc) In plain sight and secured in a rack or holder made for the purpose; or
(dd) 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.
(11) (10) Hunt with firearms or long bow while under the influence of intoxicating liquor;
(12) (11) Hunt, catch, take, kill, injure or pursue a wild animal or bird with the use of a ferret;
(13) (12) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;
(14) (13) Catch, take, kill or attempt to catch, take or kill any fish at any time by any means other than by rod, line and hooks with natural or artificial lures unless otherwise authorized by law or rules issued by the director: Provided, That snaring of any species of suckers, carp, fallfish and creek chubs shall is 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 means, any person to hunt, take, catch or kill any wild animal or wild bird except those species on which there is no closed season, or to fish for, catch, take or kill any fish, amphibian or aquatic life which is protected by the provisions of this chapter or rules of the director or the sale of which is prohibited;
(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, the sixteenth day of August, one thousand nine hundred sixteen, and the seventh day of February, one thousand nine hundred thirty-six, 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) (16) Kill, take, catch or have in his or her possession, living or dead, any wild bird other than a game bird; or expose for sale or transport within or without the state any bird except as aforesaid. No part of the plumage, skin or body of any protected bird shall be sold or had in possession for sale except mounted or stuffed plumage, skin, bodies or heads of the birds legally taken and stuffed or mounted, irrespective of whether the bird was captured within or without this state, except the English or European sparrow (passer domesticus), starling (sturnus vulgaris) and cowbird (molothrus ater), which may not be protected and the killing thereof at any time is lawful;
(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 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) (18) Have a bow and gun, or have a gun and any arrow or arrows, in the fields or woods at the same time:
(A) A bow or any arrow or arrows; and
(B) A rifle or a shotgun;
(20) (19) Have 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;
(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, motor motorboat, vehicle, all-terrain 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 August 15 next following: Provided, That dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or conducted on the grounds or lands of the owner or by his or her bona fide tenant or tenants or upon the grounds or lands of another person with his or her written permission or on public lands at any time: Provided, however, That nonresidents may not train dogs in this state at any time except during the legal small game hunting season: Provided further, That the person training said the dogs does not have firearms or other implements in his or her possession carry on or about his or her person during the closed season on wild animals and wild birds, whereby wild animals or wild birds could be taken or killed, any rifle or shotgun unless the person is licensed under section four, article seven, chapter sixty-one of this code to carry concealed weapons or authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons, or any nonfirearm implement of hunting;
(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 the trial at any time of the year upon obtaining a permit as is provided in section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in said trial and make same readily available for inspection by any conservation 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 as provided in section four of this article or during the open season established by rule of the director as authorized by subdivision (6) section seven, article one of this chapter;
(27) Hunting (26) Hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild animals or wild birds on public lands on Sunday after five o'clock antemeridian is prohibited and except to tend traps previously and legally set;
(27) Hunt, catch, take, kill, trap or attempt to hunt, catch, take, kill or trap any wild animals or wild birds after the hour of five o'clock antemeridian on Sunday if the following Monday is the opening day of a big game hunting season, except to tend traps previously and legally set;
(28) Hunt, catch, take, kill, trap or attempt to hunt, catch, take, kill or trap any wild animals or wild birds 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;
(28) (29)(A) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken attempt to hunt, catch, take, kill or trap any wild animals or wild birds on private lands on Sunday after the hour of five o'clock antemeridian, Provided, That the provisions except to tend traps previously and legally set.
(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 paragraph (A) of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election is determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication 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:
Shall hunting on Sunday be authorized 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 of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.
(iv) If a majority votes against allowing Sunday hunting, no election on the issue may be held for a period of one hundred four weeks. If a majority votes "yes", no election reconsidering the action may be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met; No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision.
(30) While tending traps after the hour of five o'clock antemeridian on Sundays as authorized by subdivisions (26) through (28) of this section or paragraph (A), subdivision (29) of this section, carry on or about his or her person any shotgun or any rifle other than a twenty-two caliber firearm that is carried for the purpose of humanely dispatching trapped animals, unless the person is licensed under section four, article seven, chapter sixty-one to carry concealed weapons or authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons; 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.
(b) The Legislature fully occupies and preempts the field of regulation of all matters described in subdivisions (9), (26), (27), (28), (29) and (30), subsection (a) of this section. Any rule of the director or county or municipal ordinance, rule, resolution, policy or administrative action in conflict with subdivisions (9), (26), (27), (28), (29) and (30), subsection (a) of this section, is void.
§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 person to take, 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, or to attempt to do any of these acts.
(b) Anyone who violates the provisions 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 not less than sixty days nor more than one year, or both fined and imprisoned confined. 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 violating the provisions of this section.
(c) For a second or subsequent conviction for a violation 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 a the penitentiary correctional facility for not less than one year nor more than two years. 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 for a second or subsequent violation of the provisions of this section.
(d) "Take" is defined as including In this section "take" includes 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 of any bald eagle or golden eagle, or to knowingly and willfully destroy the nest or eggs of any such of these eagles.
(e) Nothing in This section may be construed to does not prohibit the taking, possession or transportation of bald or golden eagles legally under the current federal Eagle Protection Act, 16 USC § 668a, and the current federal regulations, 50 CFR 22.1 et seq.
(f) 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 or golden eagle or part, nest, or egg thereof, 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) 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 these eagles, or of attempting to do any of these acts, the hunting licenses of such the person or persons may be revoked and such the person or persons shall may not be issued any new hunting licenses for a period of ten years from the date of conviction.
§20-2-6. Carrying gun firearm on landowner's land.

Notwithstanding any other provisions provision of this chapter to the contrary, it shall be is lawful for a bona fide resident landowner of this state, any member of said the landowner's family and any bona fide tenant of said the landowner, to carry an uncaged gun firearm at any time, whether the firearm is loaded or unloaded, and whether the landowner is accompanied by or without a dog, in their the landowner's regular pursuits in caring for and looking after such the landowner's livestock or poultry on his the landowner's land and on any lands leased or rented by him the landowner leases or rents for livestock or poultry husbandry purposes, if that landowner is not prohibited by federal law or the provisions of section seven, article seven, chapter sixty-one of this code from possessing firearms and is not carrying the firearm in violation of any other provision of article seven, chapter sixty-one of this code.
§20-2-6a. Carrying a concealed handgun handguns by concealed weapons licensees not prohibited; exceptions.

(a) Notwithstanding any provision of this code chapter or rules established by the director to the contrary, a person licensed under section four, article seven, chapter sixty-one of this code 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 weapons or authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons may, for self-defense and other lawful purposes, own, possess, carry a handgun in a concealed manner for self defense purposes transfer, transport, store and keep loaded or unloaded handguns and parts, components and ammunition for handguns, while afield hunting, fishing, hiking, camping, or in or on a any all-terrain vehicle, motor vehicle, vehicle, personal water craft, motorboat, vessel or any other means of transportation or conveyance on land or water, or engaging in any other activity regulated by this chapter or rules promulgated pursuant to this chapter.
(b) When a person owns, possesses, carries, transfers, transports, stores or keeps handguns or parts, components or ammunition for handguns as provided by subsection (a) of this section:
(1) The person is presumed to be owning, possessing, carrying, transferring, transporting, storing or keeping the handguns and parts, components and ammunition for handguns for self-defense or another lawful purposes other than hunting; and
(2) The handguns and parts, components and ammunition for handguns are presumed to not be an implement of hunting, unless the person actually used a handgun for hunting purposes.
(c)
The provisions of this section shall do not exempt any person engaged in hunting or fishing from obtaining any hunting or fishing license or stamp required by the Division of Natural Resources.
(d) Notwithstanding any existing or future provision of this chapter to the contrary, this section supersedes and preempts any prohibition or restriction contained in or authorized by any other provision of this chapter on the ownership, possession, carrying, transfer, transportation, storage or keeping of handguns and parts, components and ammunition for handguns. No future act of the Legislature may be construed to amend, alter or abrogate this section unless the act specifically and expressly amends or repeals this section. This section is supplemental and additional to existing rights to bear arms, and nothing in this section impairs or diminishes these rights.
§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 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) All applicable licenses and documents set forth specified in subsection (a), section thirty-six of this article; and
(B) All firearms rifles, shotguns and wildlife which he or she may have in his or her immediate physical possession.
(b) Nothing in this section may be construed as authorizing authorizes searches that violate article three, section six of the West Virginia Constitution or the Fourth Amendment to the Constitution of the United States, nor may does anything in this section be construed as effecting effect a waiver of these constitutional provisions.
§20-2-42l. Class A-l small arms 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 under federal law and section seven, article seven, chapter sixty-one of this code, be legally able to legally possess a firearm and transport handguns. If a person is otherwise qualified, a Class A-l stamp may be issued to a person who is at least twenty-one 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 misuse of firearms or dangerous weapons or who has been convicted of a felony is prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting a handgun.
(b) 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, with either a revolver or pistol which a handgun that has a barrel at least four inches in length. Unless otherwise permitted by the Code of West Virginia this code, or unless the licensee is also licensed under section four, article seven, chapter sixty-one of this code to carry concealed weapons or authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons, a Class A-1 stamp entitles the licensee to carry or have in his or her possession only one revolver or pistol handgun 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 is 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 handgun with which the licensee is hunting in a manner that is not concealed, as that term is defined in section two, article seven, chapter sixty-one of this code, unless the licensee is also licensed under section four of said article seven to carry concealed weapons or otherwise authorized by the laws of this state to carry a concealed weapon without a license to carry concealed weapons, or as otherwise provided by this code. The fee for the stamp is $8.
(c) 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. The fee for a lifetime Class A-I stamp is $75.
(d) 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.
(e) Any person convicted of a misdemeanor associated with the use misuse 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 a handgun, shall immediately surrender the stamp to the Division of Natural Resources. 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.
§20-2-42p. Class R. resident and Class RAG nonresident gun firearm deer hunting stamp for an additional deer.

The director has the authority to issue a Class R. resident and a Class RAG nonresident gun firearm deer hunting stamp when deemed considered essential for the proper management of the wildlife resources. These stamps allow the licensee to hunt and take an additional deer as designated by the director. The fee for a Class R. stamp is $20 and the fee for a Class RAG stamp is $40. The director may promulgate rules in accordance with article three, chapter twenty-nine-a of this code governing the issuance and use of these 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 the permitted to hunt all legal species of game during the designated hunting seasons from a motor vehicle in accordance with the provisions of this section.
(b) A permit form shall be furnished by the director 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) A licensed physician must 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 issue a wallet sized card to the permitted. The card and all other documents and identification required to be carried by this article shall be in the permitted's possession when hunting.
(d) A Class Q permit entitles the holder to hunt from a motor vehicle and, notwithstanding the provisions of subdivision (9), section five of this article, to possess a loaded firearm rifle or shotgun in or on a motor vehicle, but only under the following circumstances:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permitted and one individual, who is at least sixteen years of age, to assist the permitted are the only occupants of the vehicle;
(4) The individual assisting the permitted may not hunt with a firearm, bow or crossbow while assisting the permitted;
(5) The vehicle is not parked on the right-of-way of any public road or highway; and
(6) The permitted observes all other pertinent laws and regulations.
(e) The director may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the qualifications of applicants and the permitting process.
ARTICLE 7. LAW ENFORCEMENT, MOTOR BOATING, LITTER.

§20-7-9. Violations of chapter generally; penalties.
(a) Any person violating any of the provisions who violates any provision of this chapter or rules promulgated under the provisions of this chapter, the punishment for which another punishment is not prescribed, 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 not less than ten or more than one hundred days, or be both fined and imprisoned within the limitations aforesaid confined and, in the case of a violation by a corporation, every officer or agent thereof directing or engaging in such of the corporation who directs or engages in the violation shall be is guilty of a misdemeanor and, upon conviction thereof, shall be is subject to the same penalties and punishment as herein provided: Provided, That provided in this subsection for a violation committed by a natural person.
(b) Any person violating who violates subdivision (3), 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 violates subdivision (26), (27), (28) or (29), subsection (a), section five, article five 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.
(d) Any person who uses dynamite or any like explosive or poisonous mixture placed in any waters of the state for the purpose of killing or taking 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 correctional facility for not less than one nor more than three years, or both.
(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 of this article, or a valid Class EE nonresident bear hunting license, as defined by section forty-two-e of this article, 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 not less than ten nor more than one hundred days, or both fined and imprisoned confined.
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 of this article, shall be is guilty of a misdemeanor and, upon conviction thereof, fined not less than $100 nor more than $300 or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned confined.
And provided further, That
(g) 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 not more than ten days, or both fined and imprisoned confined.
§20-7-11. Motorboats and other terms defined Definitions.
As used in this section and subsequent sections of this article: unless the context clearly requires a different meaning
(1) "Vessel" means every description of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(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;
(1) "Commissioner" has the same meaning as in section one, article one, chapter seventeen-a of this code; and
(3) (2) "Owner" means a person, other than a lienholder, having the property in or title to a motorboat. The term 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 water craft" 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 water craft" also includes "specialty prop-crafts" which are vessels similar in appearance and operation to a personal water craft but which are powered by an outboard motor or propeller driven motor.
ARTICLE 15. ATV RESPONSIBILITY ACT.
§20-15-2. Definitions.
The terms As used in this article: have the following meaning, unless the context clearly requires a different meaning
(1) "All-terrain vehicle" or "ATV" shall mean any motor vehicle, fifty-two inches or less in width, having an unladen weight of eight hundred pounds or less, traveling on four or more low pressure tires with a seat designed to be straddled by the rider, designed for or capable of travel over unimproved terrain.
(2) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than two wheels in contact with the ground.
(3) (1) "Authorized outfitter" or "licensee" means a commercial outfitter, which any person who:
(A) Is a person, partnership, limited liability company ("LLC"), corporation, other organization, or any combination thereof commercial outfitter;
(B) Is licensed by the Hatfield-McCoy Regional Recreation Authority; who operate
(C) Operates from any temporary or permanent camp, private or public lodge, or private home; who provide and
(D) Provides guided tours or the rental of all-terrain vehicles or motorcycles for use on assigned lands for monetary profit or gain.
(4) (2) "Participant" means any person using the services or equipment of an authorized outfitter or licensee, including passengers of an all-terrain vehicle or motorcycle.



NOTE: The purpose of this bill is to clarify the applicability of certain hunting regulations to the carrying of firearms. This bill repeals limitations on how handguns may be carried in vehicles or in wooded areas or while bowhunting and clarifies miscellaneous other firearm regulations to only apply to rifles and shotguns. This bill also exempts individuals licensed or otherwise authorized to carry concealed weapons from certain regulations on the manner in which other firearms may be carried or transported in wooded areas or vehicles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print