H. B. 4296
(By Delegates Smirl, Trump, Thomas,
Staton, Kominar and Martin)
[Introduced February 6, 1998; 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 allowing
individuals from other states to carry a concealed weapon in
this state and authorizing the governor to execute reciprocity
agreements with other states and political subdivisions
regarding the carrying of concealed weapons.
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, all to read as follows:
§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, including any retired circuit judge
designated senior status by the supreme court of appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney; (7) Any resident of another state, who has been issued a
license to carry a concealed weapon by that a state or a political
subdivision thereof, which has entered into a reciprocity agreement
with this state, shall be exempt from the licensing requirements of
section four of this article.: Provided, That such state or
political subdivision thereof shall likewise recognize and honor
West Virginia licenses issued pursuant to section four of this
article. The governor may execute reciprocity agreements on behalf
of the state of West Virginia with states or political subdivisions
which have similar gun permitting laws and which recognize and
honor West Virginia licenses issued pursuant to section four of
this article.
NOTE: The purpose of this bill is to allow individuals from
other states to carry a concealed weapon in this state and to
authorize the governor to execute reciprocity agreements with other
states and political subdivisions for the carrying of concealed
weapons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.