H. B. 2088
(By Delegates Amores, Hutchins, Linch, Manuel, Faircloth and
Smirl )
[Introduced February 13, 1997; referred to the Committee on
the Judiciary.]
A BILL to amend and reenact sections four and five, article seven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to licensing
requirements for carrying concealed handguns; changing the
designation of the license; expanding the information that a
sheriff is to collect on a concealed handguns application;
modifying license issuance requirements; creating training
requirements; requiring that all licensees be United States
citizens; creating a special revenue account for the state
police; prohibiting persons charged with a felony or convicted
of domestic violence from receiving a license; allowing sheriffs
to reduce licenses; allowing reissue of licenses in certain
circumstances; and exempting sheriffs from certain licensing
requirements.
Be it enacted by the Legislature of West Virginia:
That sections four and five, 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 handgun; how obtained.
(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon handgun shall apply to the sheriff of his or her
county for such license, and shall pay to the sheriff, at the time
of application, a application fee of sixty dollars. Each applicant
shall file with the sheriff, a complete application, as prepared by
the superintendent of the West Virginia state police, in writing,
duly verified, which sets forth only the following licensing
requirements:
(1) The applicant's full name, date of birth, social security
number and a description of the applicant's physical features;
(2)
The applicant's address, telephone number and other
identifying information sufficient to allow the sheriff to notify
the applicant regarding the status of his or her application and
license.
(2)(3) That, on the date the application is made, the
applicant is a bona fide citizen of the United States, resident of
this state and of the county in which the application is made and
has a valid driver's license or other state issued photo
identification showing such residence;
(3)(4) That the applicant is eighteen years of age or older;
(4)(5) That the applicant is not addicted to alcohol, a
controlled substance or a drug, and is not an unlawful user
thereof;
(5)(6)That the applicant has not been convicted of a felony or of an act of violence involving the misuse of a deadly weapon, or
has a criminal charge pending;
(6)(7)That the applicant has no criminal charges pending not
ever been convicted of, and or is not currently serving a sentence
of confinement, parole, probation or other court ordered
supervision, because of a charge of domestic violence as provided
for in section twenty-eight, article two of this chapter, or is the
subject of a restraining order as a result of a domestic violence
act as defined in that section, or because of a verified petition
of domestic violence as provided for in article two-a, chapter
forty-eight of this code or is subject to a protective order as
provided for in that article;
(7)
(8)That the applicant is physically and mentally competent
to carry such weapon handgun;
(8)(9)That the applicant has not been adjudicated to be
mentally incompetent;
(9)(10)That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such weapon handgun: Provided, That this
requirement shall be waived in the case of a renewal applicant who
has previously qualified.
(10) (11)That the applicant authorizes the sheriff of the
county, or his or her designee, to conduct an investigation
relative to the information contained in the application.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(5), (6),(7) (8),(10) and (9) (11) of subsection (a) are true and correct.
(c) The sixty dollar application fee and any fees for
replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapon handgun
license administration fund. Such fund shall be administered by
the sheriff and shall take the form of an interest bearing account
with any interest earned to be compounded to the fund. Any funds
deposited in this concealed weapon handgun license administration
fund are to be expended by the sheriff to pay for the costs
associated with issuing concealed weapons handgun licenses. Any
surplus in the fund on hand at the end of each fiscal year may be
expended for other law-enforcement purposes or operating needs of
the sheriffs office, as the sheriff may deem appropriate.
(d) All persons applying for a license must complete a
training course in handling and firing a handgun. This course shall
consist of training in the fundamentals of safety, handling and
firing a handgun. The course must require a written test and a
shooting test. The chief instructor of the course shall retain the
original written test and shooting test target of the trainee. The
chief instructor shall make all training records available for
inspection to a representative of the certifying authority, upon
seven days advanced written request by the certifying authority.
The chief instructor shall allow the certifying authority to attend
and observe any training class. The successful completion of any
of the following courses, which meets these minimum requirements,
fulfills this training requirement:
(1) Any official national rifle association handgun safety or training course;
(2) Any handgun 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 handgun training
school utilizing instructors duly certified by such institution;
(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
national rifle association;
(4) Any handgun training or safety course or class conducted
by any branch of the United States military, reserve or national
guard. Proof of training is established by military discharge
documents or other official record which states that the applicant
has received handgun or sidearms weapons training.
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. The orginial
certificate and a copy of the orginial certificate must be
presented to the sheriff at the time of application. The sheriff
will retain the copy and return the orginial certificate to the
applicant.
(e) All concealed weapons handgun license applications must be
notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code.
(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within thirty days after the application
is filed if all required background checks authorized by this
section are completed, and no later than forty-five days regardless
of whether these background checks have been completed.
(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a registration
fee in the amount of fifteen dollars which the sheriff shall
forward to the superintendent of the West Virginia state police,
along with a certified copy of the application, within thirty days
of receipt. Any such license shall be valid for five years
throughout the state, unless sooner revoked. The application fee
shall be deposited in a special account in the state treasury to be
known as the "handgun permit registration fund." Expenditures from
the fund shall be expended to defray the costs of the registration
of permits issued under this section. Expenditures from the fund
shall be made from collections and in accordance with the
provisions of article three, chapter twelve of this code, and upon
fulfillment of the provisions of article two, chapter five-a of
this code.
(h) All persons holding a current and valid concealed weapons
handgun license as of the sixteenth day of December, one thousand nine hundred ninety-six, shall continue to hold a valid concealed
weapons handgun license until his or her license expires or is
revoked as provided for in this article: Provided, That all
reapplication fees shall be waived for applications received by the
first day of January, one thousand nine hundred ninety-seven, for
any person holding a current and valid concealed weapons handgun
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, which contains use restrictions placed upon
the license as a condition of issuance by the issuing circuit
court. Any licenses reissued pursuant to this subsection will be
issued for the time period of the original license.
(i) Any licensee who applies for a renewal of an existing
concealed handgun license shall submit a notarized application and
all required license fees to the sheriff. The sheriff shall
conduct a new background check and issue a new license if all
licensing requirements are met. Any licensee who applies for
renewal of an expired license must apply for a license and meet all
application and qualification requirements for a new licensee.
(i)(j) Each license shall contain the full name, social
security number and address of the licensee and a space upon which
the signature of the licensee shall be signed with pen and ink.
The issuing sheriff shall sign and attach his or her seal to all
license cards.
(j)(k) The superintendent of the West Virginia state
police shall prepare uniform applications for licenses and license
cards showing that such license has been granted and shall do any
other act required to be done to protect the state and see to the enforcement of this section.
(K)(l) In the event an application is denied, the specific
reasons for the denial shall be stated by the sheriff denying the
application. Any person denied a license may file, in the circuit
court of the county in which the application was made, a petition
seeking review of the denial. Such petition shall be filed within
thirty days of the denial. The court shall then determine whether
the applicant is entitled to the issuance of a license under the
criteria set forth in this section. 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.
If the final order upholds the denial, the applicant may file an
appeal in accordance with the rules of appellate procedure of the
supreme court of appeals.
(l)(m) In the event a license is lost or destroyed or the
licensee changes his or her address within the county of issuance,
the person to whom the license was issued may obtain a new
duplicate or substitute license for a fee of five dollars by filing
a notarized statement with the sheriff indicating that the license
has been lost or destroyed, or that the applicant has changed his
or her address.
(m)(n) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the superintendent of the West
Virginia state police a certified copy of the approved application.
It shall be the duty of the sheriff to furnish to the
superintendent of the West Virginia state police at any time so requested, a certified list of all such licenses issued in the
county. The superintendent of the West Virginia state police shall
maintain a registry of all persons who have been issued concealed
weapons handgun licenses.
(n)(o) All licensees must carry with them a state issued photo
identification card with the concealed weapons handgun license
whenever the licensee is carrying a concealed weapon handgun. Any
licensee who fails to have in his or her possession a state issued
photo identification card and a current concealed weapons handgun
license while carrying a concealed weapon handgun shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than fifty or more than two hundred dollars for each offense.
(o)(p) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.
(q) The sheriff may reduce the license to wallet size and
laminate it for a $1.00 additional charge. This reduced license
shall be sufficient to show proof of license as required in
subsection (o) of this section. The lamination of the reduced
license shall be done in a fashion as to not destroy or prevent
visual identification of the sheriffs seal which shall be affixed
to each reduced card as provided in subsection (j) of this section.
(p)(r) No person who is engaged in the receipt, review, or in
the issuance or revocation of a concealed weapon handgun license
shall incur any civil liability as the result of the lawful
performance of his or her duties under this article.
(q)(s) Notwithstanding the provisions of subsection (a) of
this section, with respect to application by a former
law-enforcement officer honorably retired from agencies governed by
article fourteen, chapter seven; article fourteen, chapter eight;
article two, chapter fifteen; and article seven, chapter twenty of
this code, an any honorably retired officer and any former West
Virginia county sheriff is exempt from payment of fees and costs as
otherwise required by this section, and the application of the
honorably retired officer or sheriff shall be granted without proof
or inquiry by the sheriff as to those requirements set forth in
subdivision (9) of subsection (b)(a) of this section, if the
officer or sheriff meets the remainder of the requirements of this
section and has the approval of the appropriate chief law- enforcement officer.
§61-7-5. Revocation of license.
A license to carry a deadly weapon concealed handgun shall be
deemed revoked at such time as the person licensed becomes unable
to meet the criteria for initial licensure set forth in section
four of this article. Any person licensed under the provisions of
this article shall immediately surrender his or her license to the
issuing sheriff upon becoming ineligible for continued licensure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.