H. B. 2005
(By Delegate Love)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article seven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring a
license to carry a deadly weapon and exempting magistrates
from the licensing requirement.
Be it enacted by the Legislature of West Virginia:
That section six, 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.
§61-7-6. Exceptions as to prohibitions against carrying
concealed deadly weapons.
The licensure provisions set forth in this article shall not
apply to:
(1) Any person carrying a deadly weapon upon his own
premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his
or her home, residence or place of business or to a place of
repair and back to his or her home, residence or place of
business, nor shall anything herein prohibit a person from
possessing a firearm while hunting in a lawful manner or while
traveling from his or her home, residence or place of business to
a hunting site, and returning to his or her home, residence or
place of business;
(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state, or from the United
States for the purpose of target practice, from carrying any
pistol, as defined in this article, unloaded, from his home,
residence or place of business to a place of target practice, and
from any such place of target practice back to his home,
residence or place of business, for using any such weapon at such
place of target practice in training and improving his skill in
the use of such weapons;
(3) Any law-enforcement officer or law-enforcement official
as such are defined in section one, article twenty-nine, chapter
thirty of this code;
(4) Any employee of the West Virginia department of
corrections duly appointed pursuant to the provisions of section
five, article five, chapter twenty-eight of this code while such
employee is on duty;
(5) Any member of the armed forces of the United States or the militia of this state while such member is on duty;
(6) Any circuit judge, magistrate, prosecuting attorney,
assistant prosecuting attorney or a duly appointed investigator
employed by a prosecuting attorney.
NOTE: The purpose of this bill is to exempt magistrates
from the requirement of a license to carry a concealed deadly
weapon.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.