Senate Bill No. 557

(By Senator Brackenrich)

____________

[Introduced March 22, 1993;; referred to the Committee
on the Judiciary.]

____________




A BILL to amend and reenact section four, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to license to carry deadly weapons; and authorizing the sheriff of the county in which application is made to establish minimum requirements to obtain a license to carry a concealed pistol or revolver instead of the division of natural resources.

 Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.

§61-7-4. License to carry deadly weapons; how obtained.

(a) Any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the circuit court of his or her county for such license, and shall pay to the clerk of the circuit court, at the time of application, a filing fee of twentydollars. The applicant shall file with the clerk of the circuit court an application in writing, duly verified, which sets forth the following:
(1) That the applicant is a citizen of the United States of America or lawfully resides in the United States of America;
(2) That, on the date the application is made, the applicant is a bona fide resident of this state and of the county in which the application is made;
(3) That the applicant is eighteen years of age or older;
(4) That the applicant is not addicted to alcohol, a controlled substance or a drug, and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or of an act of violence involving the misuse of such deadly weapon;
(6) That the applicant desires to carry such deadly weapon for the defense of self, family, home or state, or other lawful purpose;
(7) That the applicant is physically and mentally competent to carry such weapon;
(8) That, in the case of a person applying for a license to carry a concealed pistol or revolver, the applicant has qualified under minimum requirements for handling and firing such firearms. These minimum requirements are those promulgated by the department of natural resources sheriff of the county in which the application is made: and attained under the auspices of the department of natural resources Provided, That the court shallwaive this requirement in the case of a renewal applicant who has previously qualified: Provided, however, That the following may be substituted for those minimum requirements promulgated by the department of natural resources sheriff of the county in which the application is made:
(A) Successful completion of any official national rifle association firearms safety or training course;
(B) Successful completion of any firearms safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors currently certified by the national rifle association;
(C) Successful completion of any firearms training or safety course or class conducted by a firearms instructor certified as such by the state or by the national rifle association.
A photocopy of a certificate of completion of any of the courses or classes or an affidavit from the instructor, school, club, organization, or group that conducted or taught said course or class attesting to the successful completion of the course or class by the applicant or a copy of any document which shows successful completion of the course or class, shall constitute evidence of qualification under this section.
(b) The court shall issue or deny such license within thirty days after the application is filed with the circuit clerk. The court shall, if necessary, hear evidence upon all matters statedin such application and upon any other matter related to the eligibility of the applicant under subsection (a) of this section. If from such application or the proof it appears that the purpose for such person to carry such weapon is defense of self, family, home or state, or other lawful purpose, and all other conditions in subsection (a) are complied with, the court, or the judge thereof in vacation, shall grant such license.
(c) In the event an application is denied, the specific reasons for the denial shall be stated in the order of the court denying the application. Upon denial of an application and at the request of the applicant made within ten days of such denial, the court shall schedule the matter for a hearing. The applicant may be represented by counsel, but in no case shall the court be required to appoint counsel for an applicant. The final order of the court shall include the court's findings of fact and conclusions of law.
(d) If an application is approved, the court shall require in its order granting the license that before any license shall be issued or become effective, the applicant shall pay to the sheriff a license fee in the amount of fifty dollars. Any such license shall be valid for five years, unless sooner revoked.
(e) All license fees collected hereunder shall be paid by the sheriff and accounted for to the auditor as other license taxes are collected and paid, and the state tax commissioner shall prepare all suitable forms for licenses and certificates showing that such license has been granted and shall do any otheract required to be done to protect the state and see to the enforcement of this section.
(f) The clerk of the circuit court shall, immediately after the license is granted as aforesaid, furnish the superintendent of the department of public safety a certified copy of the order of the court granting such license, for which service the clerk shall be paid a fee of two dollars which shall be taxed as costs in the proceeding. It shall be the duty of the clerk of each circuit court to furnish to the superintendent of the department of public safety, at any time so requested, a certified list of all such licenses issued in the county.
(g) No person who is engaged in the receipt, review, or in the issuance of such license shall incur any civil liability as the result of the lawful performance of his or her duties under this article.



NOTE: The purpose of this bill is to remove the division of natural resources from any responsibility in concealed weapons permits and reassign the responsibility to the sheriff of the county in which the application is made.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.