H. B. 2046
(By Delegate Facemyer)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article seven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
thirteen, all relating to dangerous weapons; "jackrock"
defined; and providing a misdemeanor offense for the
manufacture, possession, use or distribution of "jackrocks."
Be it enacted by the Legislature of West Virginia:
That section two, article seven, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section thirteen, all to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-2. Definitions.
As used in this article, unless the context otherwise
requires:
(1) "Blackjack" means a short bludgeon consisting, at the
striking end, of an encased piece of lead or some other heavy
substance and, at the handle end, a strap or springy shaft which
increases the force of impact when a person or object is struck.
The term "blackjack" shall include, but not be limited to, a
billy, billy club, sand club, sandbag or slapjack.
(2) "Gravity knife" means any knife that has a blade
released from the handle by the force of gravity or the
application of centrifugal force, and when so released is locked
in place by means of a button, spring, lever, or other locking or
catching device.
(3) "Knife" means an instrument, intended to be used or
readily adaptable to be used as a weapon, consisting of a
sharp-edged or sharp-pointed blade, usually made of steel,
attached to a handle, which is capable of inflicting cutting,
stabbing or tearing wounds. The term "knife" shall include, but
not be limited to, any dagger, dirk, poniard or stiletto with a
blade over three and one-half inches in length, any switchblade
knife or gravity knife, and any other instrument capable of
inflicting cutting, stabbing or tearing wounds. A pocket knife
with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or
other recreational uses, or a knife designed for use as a tool or
household implement shall may not be included within the term
"knife" as defined herein in this section, unless such the knife
is knowingly used or intended to be used to produce serious
bodily injury or death.
(4) "Switchblade knife" means any knife having a
spring-operated blade which opens automatically upon pressure
being applied to a button, catch or other releasing device in
its handle.
(5) "Nunchuka" means a flailing instrument consisting of two
or more rigid parts, connected by a chain, cable, rope or other
nonrigid, flexible or springy material, constructed in such a
manner as to allow the rigid parts to swing freely, so that one
rigid part may be used as a handle and the other rigid part may
be used as the striking end.
(6) "Metallic or false knuckles" means a set of finger rings
attached to a transverse piece, to be worn over the front of the
hand for use as a weapon, and constructed in such a manner that,
when striking another person with the fist or closed hand,
considerable physical damage may be inflicted upon the person
struck. The terms "metallic or false knuckles" shall include any
such instrument, without reference to the metal or other
substance or substances from which the metallic or false knuckles are made.
(7) "Pistol" means a short firearm having a chamber which is
integral with the barrel, designed to be aimed and fired by the
use of a single hand.
(8) "Revolver" means a short firearm having a cylinder of
several chambers that are brought successively into line with the
barrel to be discharged, designed to be aimed and fired by the
use of a single hand.
(9) "Deadly weapon" means an instrument which is designed to
be used to produce serious bodily injury or death, or is readily
adaptable to such use. The term "deadly weapon" shall include,
but not be limited to, the instruments defined in subdivisions
(1) through (8) of this section, or other deadly weapons of like
kind or character which may be easily concealed on or about the
person.
(10) "Concealed" means hidden from ordinary observation so
as to prevent disclosure or recognition. A deadly weapon is
concealed when it is carried on or about the person in such a
manner that another person in the ordinary course of events would
not be placed on notice that the deadly weapon was being carried.
(11) "Firearm" means any weapon which will expel a
projectile by action of an explosion.
(12) "Controlled substance" shall have the same meaning as
is ascribed to that term in subsection (d), section one hundred one, article one, chapter sixty-a of this code.
(13) "Drug" shall have the same meaning as is ascribed to
that term in subsection (l), section one hundred one, article
one, chapter sixty-a of this code.
(14) "Jackrock" means a manufactured device consisting of
two nails, rods or angles, bent at an approximate right angle,
fused together by welding, soldering or similar process, and
resulting in an object with four sharpened points, three of which
form a tripod base with the fourth pointing upward, so that when
tossed or placed on the ground, the object presents a danger of
injury to persons or damage to property.
§61-7-13. Manufacture, possession, use and distribution of
jackrocks prohibited; penalty.
Any person who knowingly manufactures, possesses, uses or
distributes any device commonly known as a jackrock, as defined
in subdivision (14), section two of this article, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in
the county or regional jail for not more than thirty days or
fined not more than one hundred dollars, or both fined and
imprisoned.
NOTE: The purpose of this bill is to create a misdemeanor
offense for the knowing manufacture, possession, use or
distribution of jackrocks.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.
§61-7-13 is new; therefore, strike-throughs and underscoring
have been omitted.