H. B. 4312


(By Delegate Sorah)
[Introduced February 1, 1994; referred to the
Committee on the Judiciary.]




A BILL to amend article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections twelve and thirteen, relating to the control of handguns; prohibiting the sale of more than one handgun to one purchaser within a thirty-day period; requiring a five-day waiting period for delivery of certain handguns; providing for a check of certain records; requiring certain records to be maintained; defining certain terms; and providing penalties for violations.
Be it enacted by the Legislature of West Virginia:

That article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections twelve and thirteen, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.

§ 61-7-12. Sales of handguns by handgun dealers; waiting period; registration form; records check; more than one handgun purchase per thirty-day period prohibited.

A handgun dealer may not sell any handgun to any other person without first obtaining the following:

(a) A completed, verified registration form signed and dated by the purchaser and time stamped by the handgun dealer which includes the name and current residence address of the purchaser, a statement by the purchaser that the handgun is for the use of the purchaser and is not for resale within a thirty-day period and a statement from the purchaser that he or she has not purchased any other handgun within the thirty-day period immediately prior to the date on the registration form;
(b) Satisfactory proof of identification, including one unexpired photo identification showing the name of the prospective purchaser issued by the state of West Virginia or any agency thereof, plus one other document not more than ninety days old, showing a name and address identical to that shown on the photo identification;
(c) A signed and dated acknowledgement of receipt of the handgun by the applicant, which is time stamped by the handgun dealer.
For the purposes of this section, the term "handgun dealer" means any person in the business of selling handguns.
A sale may not be completed and a handgun may not be delivered to a purchaser for a period of five days after completion of the registration form. Upon completion of the registration form, the seller shall furnish a copy to the division of public safety. Within five days, the division of public safety shall conduct a records search to determine if the applicant should be permitted to purchase the handgun. If, at the expiration of five days, the handgun dealer has not received a report from the division of public safety, the sale may be completed and the handgun delivered to the purchaser.
A handgun dealer shall, within twenty-four hours of delivery of the handgun, file another copy of the registration form with the division of public safety together with a notation stating the date and time the transaction was completed, the manufacturer, model and serial number of the handgun, and sworn verification that the identification required by this section was obtained. The handgun dealer shall maintain a permanent record book which includes a copy of the registration form with the above notation. The record book shall be open to inspection by the division of public safety or other law-enforcement agency during normal business hours.
A handgun dealer may not knowingly sell any handgun to any other person (i) who has acquired a handgun within the previous thirty days, or (ii) who has a record, as that term is defined in this article, whether the record is made known by the division of public safety or otherwise, or (iii) under any circumstances which would constitute a violation of any provision of this code. A person may not purchase a handgun if (i) he or she has acquired a handgun within the previous thirty days, (ii) he or she has a record, or (iii) the sale would violate any provision of this code. For the purposes of this section, "record" means (i) any record of conviction for a felony involving violence or injury, the threat thereof or the use of any firearm: Provided, That there has been no pardon for the conviction: Provided, however, That the applicant has not had his or her civil rights restored, (ii) any record of voluntary or involuntary confinement or treatment for mental health within three years prior to the registration form for a purchase of a handgun where the applicant has not been released from confinement or had treatment successfully terminated by the treating physician, or (iii) any criminal charge for which a warrant or indictment is currently pending.
§ 61-7-13. Penalties.

Any handgun dealer or purchaser who violates any of the provisions of this article or who provides false or misleading information is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned. Each sale in violation of any provision of this article constitutes a separate offense. Any dealer convicted of an offense shall have his or her license to sell handguns revoked for a period of not more than two years. Upon the expiration of the revocation period, the dealer may reapply for a handgun sales license under the same terms and conditions as any other prospective dealer.




NOTE: The purpose of this bill is to provide a system for controlling the sales of handguns. It prohibits the sale of more than one handgun to the same purchaser within a period of thirty days. The bill prohibits a handgun dealer from transferring a handgun for a period of five days after a purchaser has completed a registration form for the purchase of a handgun. Handgun dealers are required to submit completed registration forms to the division of public safety for a records check during the five-day waiting period. The bill requires that dealers maintain a permanent record of handgun sales and it provides penalties for violations.

§§61-7-12 and 13 are new; therefore, strike-throughs and underscoring have been omitted.