H. B. 2083
(By Delegate Michael)
[Introduced February 14, 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 allowing mental
hygiene commissioners to carry 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 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 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
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 mental hygiene commissioner duly appointed pursuant to
section one, article five, chapter twenty-seven of this code;
(8) (9) 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.
NOTE: The purpose of this bill is to allow mental hygiene
commissioners to carry concealed weapons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.