HOUSE CONCURRENT RESOLUTION NO. 113
(
By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro,
Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross,
Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane,
Overington, Schadler, Schoen and Sobonya
)
(Originating in the Committee on the Judiciary)
[March 10, 2010]
Requesting the Joint committee on Government and Finance to
undertake a study of the sale, licencing, and use of firearms.
WHEREAS, current West Virginia law requires any person who
wishes to carry a concealed weapon must obtain a license; applicant
cannot be convicted of a misdemeanor offense of assault or battery,
and shall undergo a nationwide criminal background check; and,
WHEREAS, in addition to restrictions on possessing firearms,
current West Virginia law states that it is unlawful for any person
to knowingly sell, rent, give or lend, or, where the person is
other than a natural person, to knowingly permit an employee
thereof to knowingly sell, rent, give or lend, any deadly weapon to
a person prohibited from possessing a firearm as defined in the
code; and,
WHEREAS, in 1993, Congress passed the Brady Handgun Violence
Protection Act, which requires federally licensed firearms dealers
to conduct background checks on all prospective firearms
purchasers; in the last decade, the National Instant Criminal Background Check System (NICS) has been used to process over 100
million background checks and has blocked more than 700,000 illegal
sales; however, gaps remain that allow criminals and other
prohibited purchasers to circumvent the background check
requirement; and,
WHEREAS, the Mayors Against Illegal Guns coalition was created
in 2006 in order to protect their communities by holding gun
offenders and irresponsible gun dealers accountable, demanding
access to trace data that is critical to law enforcement efforts to
combat illegal gun trafficking, and working with legislators to fix
gaps, weaknesses and loopholes in the law that make it far too easy
for criminals and other prohibited purchasers to get guns; and,
WHEREAS, the Mayors Against Illegal Guns Coalition has
recommended that ATF agents should collect intelligence, using
trace data, witness interviews, and undercover operations to
identify sellers who appear to be engaged in the business of
selling firearms illegally but nonetheless do so at gun shows
without a license.
WHEREAS, and as this practice does not seem to conform to the
practices regulated in both Federal and State codes; thus further
study is requested on the possibility of restricting people who
knowingly solicit, persuade, encourage or entice a licensed dealer
or private seller of firearms or ammunition to transfer a firearm
or ammunition under circumstances which the person knows would
violate the laws of this state or the United States is guilty of a
felony; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the sale, licencing, and use of firearms; and be
it
Further Resolved, that the study shall cover subjects of the
following: requirements for a criminal background check prior to
purchase; purchasing or attempt to purchase a firearm from a
dealer; and, prohibiting a person other than law enforcement who
knowingly encourages a firearm dealer to violate firearm sales
laws.
Further Resolved,
that the Joint committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions, and recommendations; and be it
Further Resolved, that the expenses necessary to fund this
study, prepare a report, and draft necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.