Senate Bill No. 621
(By Senators Unger, Green, K. Facemyer, Kessler, Oliverio,
Bowman, Edgell, Guills and Plymale)
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[Introduced March 17, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-7-14 of the Code of West Virginia,
1931, as amended, relating to only allowing a private owner,
lessee or other person charged with the care, custody and
control of real property to prohibit the carrying, openly or
concealed, of any firearm or deadly weapon on private property
under his or her domain.
Be it enacted by the Legislature of West Virginia:
That §61-7-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-14. Right of certain persons to limit possession of
firearms on premises.
Notwithstanding the provisions of this article, any
private
owner, lessee or other person charged with the care, custody and
control of real property may prohibit the carrying openly or
concealed of any firearm or deadly weapon on
private property under
his or her domain
. Provided, That For purposes of this section "person" means an individual
or any entity which who may acquire
title to real property.
Any person carrying or possessing a firearm or other deadly
weapon on the property of another who refuses to temporarily
relinquish possession of such firearm or other deadly weapon, upon
being requested to do so, or to leave such premises, while in
possession of such firearm or other deadly weapon, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined not
more than $1,000 or confined in
the county jail not more than six
months, or both:
Provided, That the provisions of This section
shall not apply to those persons set forth in subsections (3)
through (6) of section six of this code while such persons are
acting in an official capacity.
Provided, however, That However,
under no circumstances may any person possess or carry or cause the
possession or carrying of any firearm or other deadly weapon on the
premises of any primary or secondary educational facility in this
state unless such person is a law-enforcement officer or he or she
has the express written permission of the county school
superintendent.
NOTE: This bill shall only allow a private owner, lessee, or
other person charged with the care, custody, and control of real
property to prohibit the carrying openly or concealed of any
firearm or deadly weapon on private property under his or her
domain.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.