COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 98
(By Senators Oliverio, Anderson, Buckalew, Deem, Snyder,
McKenzie, Bowman and Ball)
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[Originating in the Committee on the Judiciary;
reported March 5, 1997.]
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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 a concealed handgun; changing the
designation of the license; expanding the information that a
sheriff is to collect on a concealed handgun application;
modifying license issuance requirements; requiring the law- enforcement training subcommittee to promulgate emergency and
legislative rules; creating training requirements; requiring
that all licensees be United States citizens; creating an
appropriated 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; exempting sheriffs from certain licensing requirements; requiring honorably retired law-enforcement
officers who seek fee waivers to obtain certain information;
and providing that failure to obtain the necessary information
will result in denial of the application.
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, all 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, an application fee of sixty dollars. Each
applicant shall file with the sheriff, a complete application, as
prepared on the form provided 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; and 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 and any fees for
transfer, lamination and 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 certified by the
law-enforcement training subcommittee of the governor's committee
on crime, delinquency and corrections:
(1) The law-enforcement committee, as the certifying
authority, shall propose for promulgation emergency and legislative
rules setting forth the requirements for instructors authorized to
teach a certified handgun training course; the course requirements
and other rules necessary to effectuate the purposes of this
section. The certifying authority shall seek the assistance of an
authorized representative of the national rifle association and an
authorized representative of the West Virginia sheriff's
association in developing the requirements for instructors and the
training course. The certifying authority may charge a reasonable
fee, not to exceed twenty-five dollars, to cover the costs of
administering the licensure requirements of this section;
(2) The course shall at a minimum consist of training in the
fundamentals of safety, handling and firing a handgun. The course
must require a written test and a practical demonstration of
shooting and safety proficiency;
(3) The chief instructor of the course shall retain the
original written test of the trainee. The chief instructor shall
certify in writing on the trainees test documents that the trainee
successfully demonstrated shooting and safety proficiency;
(4) 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;
(5) The chief instructor shall allow the certifying authority
to attend and observe any training class;
(6) The successful completion of any of the following courses,
certified by the law-enforcement training subcommittee, fulfills
this the training requirement: s of this section;
(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)
(8) The training provisions of subsection (d) of this section
will not apply to any license issued prior to September 1, 1997;
(9) A photocopy of a certificate of completion of any of the
a certified handgun training 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 original and a copy of the certificate or
affidavit must be presented to the sheriff at the time of
application. The sheriff will retain the copy and return the
original 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 of this 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 r Registration
fees collected on or after the sixth day of June, one thousand nine
hundred ninety-six, shall be deposited in an appropriated special
revenue account in the state treasury to be known as the "handgun
permit registration fund". Expenditures from the fund shall be
utilized to defray the costs of administration of records and
records investigations. 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 a license which has been expired for sixty
days or more 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, date of birth 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, 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.
(n) In the event an applicant moves from the issuing county, the applicant shall transfer his or her valid concealed handgun
license by notifying the sheriff of the county that issued the
license and the receiving sheriff of the change of address. The
issuing sheriff shall promptly send the applicant's original
license record or a certified copy thereof to the receiving
sheriff. Upon receipt of the license record the receiving sheriff
shall issue a new license as provide in subsection (m) of this
section. The license shall have the same expiration date as the
original license. The sheriff shall promptly notify the West
Virginia state police of the applicant's change of address upon
issuance of a new license.
(m)(o) 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)(p) 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)(q) 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.
(r) The sheriff may reduce the license to wallet size and
laminate it for a one dollar 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.
(p)(s) 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)(t) 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 of this code; article fourteen,
chapter eight of this code; article two, chapter fifteen of this code; and article seven, chapter twenty of this code; and, 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) (10), 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. The letter requesting approval of the
appropriate chief law-enforcement officer must clearly state that
the response must be sent to the sheriff and provide the sheriff's
name and mailing address. The letter requesting approval of the
appropriate chief law-enforcement officer shall clearly state that
unless the sheriff receives a response the application will be
denied. The letter of request must be sent either certified mail
or registered mail with return receipt requested.
§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.
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(PURPOSE: This bill was recommended for passage by the Joint
Committee on the Judiciary. The bill requires additional
identifying information on the application; establishes training
requirements; requires rule making and includes former sheriffs in
the group of retired law- enforcement officers for whom fees may be
waived.
NOTE: Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.)