H. B. 2459
(By Delegates Boggs and Yeager)
[Introduced
February 22, 2001
; 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 exceptions as to
prohibitions against carrying concealed deadly 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 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 do not
apply to:
(1) Any person carrying a deadly weapon upon his or her own
premises; nor shall anything herein in this section 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 in this section 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
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this
code;
(4) Any employee of the West Virginia division of corrections
duly appointed pursuant to the provisions of section five, article
five, chapter twenty-eight of this code while the employee is on
duty;
(5) Any member of the armed forces of the United States or the
militia of this state while 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 probation officer appointed under the provisions of
section five, article twelve, chapter sixty-two of this code;
(8) 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 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.
(9) Magistrates who have met criteria set forth in section
four, article one, chapter fifty of this code.
NOTE: The purpose of this bill is to exempt magistrates from
obtaining a concealed weapons permit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.