Senate Bill No. 98
(By Senators Oliverio, Anderson, Buckalew, Deem, Snyder,
McKenzie, Bowman and Ball)
__________
[Introduced February 21, 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, 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, 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 registration 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.
NOTE: Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that
would be added.