H. B. 4103
(By Delegates Dalton, Seacrist,
Davis, Everson and Fragale)
[Introduced January 28, 1998; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section forty-six-j, article two,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to removing
the requirement that muzzle-loading firearms have iron
sights only.
Be it enacted by the Legislature of West Virginia:
That section forty-six-j, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46j. Class V resident and Class VV nonresident
muzzle-loading deer hunting licenses.
There shall be a special season of at least three days each
year for the taking of deer with muzzle-loading firearms, either
rifles or pistols, to be set at such time and to be of a duration determined by the commission. For a minimum of two days during
this season, deer of either sex may be taken with muzzle-loading
firearms in all counties open for the taking of antlerless deer
as provided in section forty-six-b of this article. Antlered
deer only may be taken in all other counties open for the taking
of deer with firearms.
Only single shot muzzle-loading firearms with iron
sights having a bore diameter of no less than thirty-eight
one-hundredths inch are legal firearms for the taking of deer
during the special season provided herein.
The special season provided herein shall be concurrent with
all other seasons designated for the taking of game.
Any person wishing to hunt for and kill deer during the
special muzzle-loading season must possess a valid Class V or
Class VV license, except that this requirement does not apply to
a resident of West Virginia who is not required to obtain a
license or permit to hunt as provided in this chapter. A Class
V license shall be a resident muzzle-loading deer hunting
license. A Class VV license shall be a nonresident
muzzle-loading deer hunting license. The licenses shall be
issued in a form prescribed by the director, are in addition to
a Class A, Class AB or Class E license and are valid only when
accompanied thereby. The fee for the Class V license shall be five dollars. The fee for the Class VV license shall be ten
dollars: Provided, That on and after the first day of January,
one thousand nine hundred ninety-eight, the fee shall be
twenty-five dollars.
NOTE: The purpose of this bill is to remove the requirement
that muzzle-loading firearms have iron sights only.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.