H. B. 4635
(By Delegates Overington, Louisos, Leggett,
Border, Calvert, Modesitt and Evans)
[Introduced February 23, 2000; referred to the
Committee on the Judiciary then Finance.]
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 adding thereto the
further exception to the prohibition against carrying
concealed deadly weapons of recognizing and honoring those
licenses issued to residents of other states or political
subdivisions who have, as a minimum, met in his or her state
of residence those licensing qualifications required in this
state.
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 to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§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 or her 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 or her home, residence
or place of business to a place of target practice, and from any
such place of target practice back to his or her 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 the 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 the employee is
on duty;
(5) Any member of the armed forces of the United States or the
militia of this state while such the 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 a state or a political
subdivision which has entered into a reciprocity agreement with
this state, shall be exempt from the licensing requirements of
section four of this article. The governor may shall 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; and
(8) Any resident of another state who has been issued a license
to carry a concealed dangerous weapon by a state or a political
subdivision the minimum requirements for the issuance of which are
no less than those requirements for the issuance and maintenance of a license to carry a concealed deadly weapon under this code.
NOTE: The purpose of this bill is to recognize and honor in
this state those licenses to carry concealed weapons issued by
other states or political subdivisions where the requirements for
licensure of that state are the same or more extensive than those
of this state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.