Senate Bill No. 319
(By Senators Barnes, Love and Sypolt)
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[Introduced January 23, 2008; referred to the Committee on the
Judiciary.]
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A BILL to repeal §20-2-19a of the Code of West Virginia, 1931, as
amended; to amend and reenact §20-2-5, §20-2-6a and §20-2-46e
of said code; to amend said code by adding thereto a new
section, designated §20-2-40b; and to amend and reenact
§20-7-9 of said code, all relating to the regulation of
carrying firearms; clarifying that hunting statutes generally
do not prohibit the otherwise lawful carrying of pistols and
revolvers for self-defense purposes; clarifying that persons
who are licensed or otherwise authorized to lawfully carry
concealed pistols or revolvers are not subject to the
prohibition on carrying both a bow and a firearm or the
limitations on how firearms may be carried or transported in
wooded areas or in vehicles; and consolidating and clarifying
certain criminal penalty provisions.
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be repealed; that §20-2-5, §20-2-6a and §20-2-46e of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §20-2-40b; and that §20-7-9 of said code
be amended and reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other
unlawful acts.
Except as authorized by the director, it is unlawful at any
time for any person to:
(1) Shoot at or to shoot any wild bird or animal unless it is
plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or
attempt to take, any live wild animal or wild bird out of its den
or place of refuge except as may be authorized by rules promulgated
by the director or by law;
(3)
(A) Except as provided in subdivisions (B) through (D) of
this subsection, Make 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, whether cased or uncased, bow, arrow or both, or other implement or device suitable for taking, killing or trapping a wild
bird or animal.
Provided, That it is lawful to
(B) Notwithstanding the provisions of subdivision (A) of this
subsection, a person may 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
(C) Notwithstanding the provisions of subdivision (A) of this
subsection, a person may hunt or take coyotes by the use of amber-
or red-colored artificial light subject to the restrictions set
forth in this subdivision.
(D)
Notwithstanding the provisions of subdivision (A) of this
subsection, No person is a person is not 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 At the time he or she has in his or her possession a
firearm rifle or shotgun, whether cased or uncased, bow, arrow or
both, or other implement or device suitable for taking, killing or
trapping a wild bird or wild animal;
or unless
(ii) At the time he or she is carrying on or about his or her
person a loaded handgun and actually uses or attempts to use the
handgun to take, kill or trap any wild bird or wild animal;
(iii) the The artificial light (other than the head lamps of
an automobile or other land conveyance) is attached to, a part of or used from within or upon an automobile or other land conveyance;
or.
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;
(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
the provisions of section
forty-six-e of this article 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 possession the
nest or eggs unless authorized to do so under rules promulgated by
or under a permit issued by the director;
(8)
Except as provided in section six of this article, carry
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 a permit in writing issued to him or her by the
director,
is licensed to carry concealed pistols and revolvers
under the provisions of section four, article seven, chapter
sixty-one of this code or otherwise authorized by the laws of this
state to carry concealed pistols or revolvers without a license or
is carrying a pistol or revolver according to the provisions of
section six of this article: Provided, That this section
shall may
not prohibit hunting or taking of unprotected species of wild
animals and wild birds and migratory wild birds, during the open
season, in the open fields, open water and open marshes of the
state;
(9) Have in his or her possession a crossbow with a nocked
bolt, a loaded
firearm or a firearm from the magazine of which all
shells and cartridges have not been removed rifle or a loaded
shotgun, 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 rifle,
unloaded shotgun 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 rifles, shotguns and crossbows 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 rifles,
shotguns and crossbows 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 rifles, shotguns and
crossbows to or from a hunting site, campsite, home or other place
of abode.
The provisions of this subdivision relating to firearms
do not apply to any person who is licensed to carry concealed
pistols and revolvers under the provisions of section four, article
seven, chapter sixty-one or otherwise authorized by the laws of
this state to carry concealed pistols or revolvers;
(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:
(A) when 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; and
(B) Provided, That traps Traps previously and legally set may
be tended after the hour of five o'clock antemeridian on Sunday.
and the A person
so doing tending traps as authorized under this
subsection, who is not licensed to carry concealed pistols and
revolvers under section four, article seven, chapter sixty-one or
otherwise authorized by the laws of this state to carry a concealed
pistol or revolver, may
not carry
only on or about his or her
person any firearm other than a pistol or revolver that is carried
for self-defense purposes or a twenty-two caliber firearm
that is
carried 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;
(11) Hunt with firearms or long bow while under the influence
of intoxicating liquor;
(12) Hunt, catch, take, kill, injure or pursue a wild animal
or bird with the use of a ferret;
(13) Buy raw furs, pelts or skins of fur-bearing animals
unless licensed to do so;
(14) Catch, take, kill or attempt to catch, take or kill any
fish at any time by any means other than by rod, line and hooks
with natural or artificial lures unless otherwise authorized by law or rules issued by the director:
Provided, That snaring of any
species of suckers, carp, fallfish and creek chubs shall at all
times be lawful;
(15) 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) 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) 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) 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) 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 and:
(i) A rifle; or
(ii) A shotgun; or
(B) Any arrow or arrows and:
(i) A rifle; or
(ii) A shotgun;
(20)
Except as authorized in section five-g of this article,
Have 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) 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) 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) Shoot an arrow across any public highway or from
aircraft, motor-driven watercraft, motor vehicle or other land
conveyance;
(24) 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 the first day of
May and the fifteenth day of August 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 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 to carry concealed pistols and revolvers
under the provisions of section four, article seven, chapter
sixty-one of this code or otherwise authorized by the laws of this
state to carry concealed pistols or revolvers, or any nonfirearm
implement of hunting: And, provided further, That nothing in the
foregoing proviso impairs the otherwise lawful carrying of firearms
for self-defense purposes;
(25) 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 upon request;
(26) Except as provided in section four of this article, hunt,
catch, take, kill or attempt to hunt, catch, take or kill any wild
animal, wild bird or wild fowl except during the open season
established by rule of the director as authorized by subdivision
(6), section seven, article one of this chapter;
(27) Hunting on public lands on Sunday after five o'clock
antemeridian,
is prohibited except that traps previously and
legally set may be tended after the hour of five o'clock
antemeridian on Sunday. A person tending traps as authorized under
this subdivision, who is not licensed to carry concealed pistols
and revolvers under the provisions of section four, article seven,
chapter sixty-one of this code or otherwise authorized by the laws
of this state to carry a concealed pistol or revolver, may not
carry on or about his or her person any firearm other than a pistol
or revolver that is carried for self-defense purposes or a
twenty-two caliber firearm that is carried for the purpose of
humanely dispatching trapped animals; and
(28)
(A) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement which wildlife can be taken, on private
lands on Sunday after the hour of five o'clock antemeridian:
Provided, That
traps previously and legally set may be tended after
the hour of five o'clock antemeridian on Sunday. A person tending
traps as authorized under this paragraph who is not licensed to
carry concealed pistols and revolvers under the provisions of
section four, article seven, chapter sixty-one of this code or
otherwise authorized by the laws of this state to carry a concealed
pistol or revolver may not carry on or about his or her person any
firearm other than a pistol or revolver that is carried for
self-defense purposes or a twenty-two caliber firearm that is carried for the purpose of humanely dispatching trapped animals.
(B) (i) the The provisions of this subdivision do not apply in
any county until the county commission of the county holds an
election on the question of whether the provisions of this
subdivision prohibiting hunting on Sunday shall apply within the
county and the voters approve the allowance of hunting on Sunday in
the county. The election is determined by a vote of the resident
voters of the county in which the hunting on Sunday is proposed to
be authorized. The county commission of the county in which Sunday
hunting is proposed shall give notice to the public of the election
by publication of the notice as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code and the publication area for the publication 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.
(29) Hunt or conduct hunts for a fee where the hunter is not
physically present in the same location as the wildlife being
hunted within West Virginia.
§20-2-6a. Carrying a concealed handgun.
(a) Notwithstanding any provision of this code to the
contrary, a person licensed to carry
a concealed
weapon pistols or
revolvers pursuant to the provisions of section four, article
seven, chapter sixty-one of this code
or otherwise authorized to
carry concealed pistols or revolvers without a license pursuant to
federal law or the laws of this state, 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
pistols or revolvers by
any applicable federal law
or the laws of
this state may carry,
possess, or transport loaded or unloaded
pistols and revolvers or ammunition therefor a handgun in a
concealed manner for self defense purposes while afield hunting,
fishing, hiking, camping or in or on a motor vehicle,
all-terrain
vehicle, vessel, motorboat, personal watercraft or other means of
transportation or conveyance, or engaging in any other activity
regulated by this chapter.
(b) This section shall supersede any prohibition on the
possession, carrying or transportation of pistols or revolvers or
ammunition therefor contained in any other provision of this
chapter.
(b) (c) The provisions of this section
shall may 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.
§20-2-40b. Class A-1 small arms hunting stamp.
(a) A Class A-l stamp is a small arms hunting stamp. To be
eligible to get a Class A-l stamp, a person must be legally able to
possess a pistol or revolver under federal law and the laws of this
state. 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 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 may never be issued to a person who has been
convicted of a misdemeanor associated with the use of firearms or
dangerous weapons or who is prohibited by federal law or the laws
of this state from possessing a pistol or revolver.
(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 has a barrel
at least four inches in length. Unless otherwise permitted by this
code, or unless the licensee is also licensed to carry concealed
pistols and revolvers under the provisions of section four, article
seven, chapter sixty-one or otherwise authorized by the laws of this state to carry a concealed pistol or revolver, 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. While hunting, the licensee shall carry the revolver
or pistol with which the licensee is hunting in a manner that is
not concealed, as defined in the provisions of section two, article
seven, chapter sixty-one of this code, unless the licensee is also
licensed to carry concealed pistols and revolvers under the
provisions of section four, article seven, chapter sixty-one of
this code or otherwise authorized by the laws of this state to
carry a concealed pistol or revolver, or as otherwise provided by
this code. The fee for the stamp is eight dollars.
(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 seventy-five
dollars.
(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 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 the laws of this state from possessing
a pistol or revolver 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.
§20-2-46e. Class Q special hunting permit for disabled persons.
(a) A Class Q permit is a special statewide hunting permit
entitling the permittee 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
permittee. 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 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 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 permittee and one individual, who is at least sixteen
years of age, to assist the permittee are the only occupants of the
vehicle;
(4) The individual assisting the permittee may not hunt with
a firearm, bow or cross-bow while assisting the permittee;
(5) The vehicle is not parked on the right-of-way of any
public road or highway; and
(6) The permittee 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, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
(a) Any person violating who violates any of the
provisions provision of this chapter or rules promulgated under the
provisions of this chapter, the punishment for which is not no
penalty is prescribed, shall be is guilty of a misdemeanor and,
upon conviction thereof, shall for each offense be fined not less
than twenty dollars nor more than three hundred dollars 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 a 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 any
(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 one hundred dollars nor more than five hundred dollars and shall be imprisoned or confined in jail for not less than ten days
nor more than one hundred days, or both fined and confined.
Provided, however, That any
(c) Any person who violates subdivision (10), section five,
article two of this chapter is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than twenty dollars nor
more than four hundred dollars or confined in jail for not less
than ten days nor more than one hundred days, or both fined and
confined.
(d) Any person who violates subdivision (10), section five,
article two of this chapter is guilty of a felony and, upon
conviction thereof shall be fined not more than five hundred
dollars or imprisoned in a state correctional facility for not less
than one year 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 by
failure 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 two hundred fifty dollars nor more than five hundred dollars,
or confined in jail not less than ten days nor more than one hundred days, or both fined and imprisoned confined. Provided
further, That any
(g) Any person who is in violation of violates section
twenty-seven, article two of this chapter as a result of their by
failure 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, shall be fined not less
than one hundred dollars nor more than three hundred dollars or
confined in jail not less than ten nor more than one hundred days,
or both fined and imprisoned confined. And provided further, That
any
(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 two dollars nor
more than one hundred dollars or imprisoned confined in jail not
more than ten days, or both fined and imprisoned confined.
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 handguns from certain regulations on the manner
in which firearms may be carried or transported in wooded areas or
vehicles. Finally, the bill clarifies criminal penalty provisions
for what are termed "general violations of Chapter 20".
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
The original §20-2-40b was repealed in 2005. The same section
in this bill has been completely rewritten, therefore,
strike-throughs and underscoring have been omitted.
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