H. B. 2276
(By Delegates Smirl, Paxton,
Trump and Faircloth)
[Introduced January 15, 2003; referred to the
Committee on Agriculture and Natural Resources then
A BILL to amend article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section forty-six-n,
relating to creating a special license to permit resident
disabled persons to hunt with a crossbow.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section forty-six-n, to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46n. Class Y special resident crossbow hunting permit for
(a) On or after the first day of January, two thousand three,
a Class Y permit shall be a special statewide hunting permit and shall entitle the permittee to hunt all legal wildlife as determined
by the director during the designated season. A Class Y permit is
valid for thirty-six months and may be renewed.
An application for the permit shall be furnished by the
director to any applicant who meets the following requirements:
(1) The applicant is a resident of this state; and
(2) The applicant is unable to use a compound, recurve or long
bow while having a disabled condition to one of the following:
(A) A permanent and substantial loss of function in one or both
hands while failing to meet minimum standards of the upper extremity
pinch, grip and nine-hole peg tests administered under the direction
of a licensed physician; or
(B) A permanent and substantial loss of function in one or both
shoulders while failing to meet the minimum standards of the
standard shoulder strength tests, administered under the direction
of a licensed physician.
(b) The application form shall include a written statement or
report prepared by a licensed physician, prepared no more than six
months preceding the application and verifying that the applicant
is physically disabled as described in this section. As part of the
application, the applicant must authorize, by written release, an
examination of all medical records regarding the applicant's
(c) Only crossbows meeting all of the following specifications may be used for hunting in West Virginia:
(1) The crossbow has a minimum draw weight of one hundred
(2) The crossbow has a working safety; and
(3) The crossbow is used with bolts and arrows not less than
eighteen inches in length with a broad head.
(d) A Class Y permit must be accompanied by a valid resident
statewide hunting license or the applicant must be exempt from
hunting licenses as provided in this chapter.
NOTE: The purpose of this bill is to authorize crossbow
hunting for disabled persons, create a new Class Y permit for
This section is new; therefore, strike-throughs and
underscoring have been omitted.