Senate Bill No. 178
(By Senator Sypolt)
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[Introduced January 10, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §20-2-6a of the Code of West Virginia,
1931, as amended
; and to amend and reenact §61-7-2, §61-7-4,
§61-7-5, §61-7-6, §61-7-12, §61-7-14 and §61-7-15 of said
code, all relating to concealed handgun licenses generally;
establishing a process for issuing licenses to nonresidents;
removing the Social Security number of a licensee from
concealed handgun licenses; conforming requirements for Social
Security numbers on concealed handgun license applications to
federal law; limiting access to social security numbers of
concealed handgun license applicants and licensees; requiring
the inclusion of certain information on concealed handgun
license applications; requiring the inclusion of the
licensee's date of birth, gender, height, weight, color of
hair and color of eyes on concealed handgun licenses;
requiring the expiration date for a renewal license to be five years from the expiration date of the current license;
specifying procedure for notifying sheriff of a change of name
or address; specifying form of notice of suspension or
revocation of a concealed handgun license; conforming
exemptions to requirement of a license to carry a concealed
weapon to the federal Law-Enforcement Officers Safety Act of
2004; and conforming certain definitions to federal law.
Be it enacted by the Legislature of West Virginia:
That §20-2-6a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §61-7-2, §61-7-4, §61-7-5,
§61-7-6, §61-7-12, §61-7-14 and §61-7-15 of said code be amended
and reenacted,
all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-6a. Carrying handguns by concealed handgun licensees
permitted; exceptions.
(a) Notwithstanding any provision of this code chapter to the
contrary, a person licensed to carry a concealed weapon pursuant to
the provisions of section four, article seven, chapter sixty-one of
this code handguns or otherwise authorized to carry concealed
handguns without a license pursuant to federal law or the laws of
this state, who is not prohibited at the time from possessing a
firearm pursuant to the provisions of section seven, article seven,
chapter sixty-one of this code or handguns by any applicable federal law or the laws of this state, may carry, a handgun in a
concealed manner possess or transport loaded or unloaded handguns
or handgun ammunition for self defense purposes while afield
hunting, fishing, hiking, camping, or in or on a motor vehicle,
all-terrain vehicle, vessel, motorboat, personal watercraft or
other means of transportation or conveyance, or engaging in any
other activity regulated by this chapter.
(b) This section shall supersede any prohibition on the
possession, carrying or transportation of handguns or handgun
ammunition contained in any other provision of this chapter.
(b) (c) The provisions of this section shall not exempt any
person engaged in hunting or fishing from obtaining any hunting or
fishing license or stamp required by the Division of Natural
Resources.
(d) In this section, the definitions specified in section two,
article seven, chapter sixty-one of this code applies.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
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 or
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 not be
included within the term "knife" as defined herein 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 so that the rigid parts are
allowed
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), inclusive, of this section a firearm, antique firearm,
blackjack, nunchucka, metallic or false knuckles, knife or other
deadly weapons of like kind or character which may be easily
concealed on or about the person. For the purposes of section
one-a, article five, chapter eighteen-a of this code section one-a,
article five, chapter eighteen and section eleven-a, article seven
of this chapter section eleven-a, article seven, chapter sixty-one,
in addition to the definition of "knife" set forth in subdivision
(3) of this section, the term "deadly weapon" also includes any
instrument included within the definition of "knife" with a blade
of three and one-half inches or less in length. Additionally, for
the purposes of section nineteen, article six, chapter sixty-one,
section one-a, article five, chapter eighteen-a of this code
section one-a, article five, chapter eighteen and section eleven-a,
article seven of this chapter section eleven-a, article seven,
chapter sixty-one, the term "deadly weapon" includes explosive,
chemical, biological and radiological materials. Notwithstanding
any other provision of this section, the term "deadly weapon" does
not include any item or material owned by the school or county board, intended for curricular use, and used by the student at the
time of the alleged offense solely for curricular purposes.
(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 so 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:
(A) Any weapon (including a starter pistol) which will or is
designed to expel a projectile by action of an explosion;
(B) The frame or receiver of any weapon; or
(C) Any firearm silencer.
The term does not include an antique firearm unless the
antique firearm is used in the commission of a crime.
(12) "Controlled substance" has the same meaning as is
ascribed to that term in subsection (d), section one hundred one,
article one, chapter sixty-a of this code section one hundred one,
article one, chapter sixty-a.
(13) "Drug" has the same meaning as is ascribed to that term
in subsection (1), section one hundred one, article one, chapter
sixty-a of this code section one hundred one, article one, chapter
sixty-a.
(14) "Alien" means any person not a citizen or national of the
United States.
(15) "Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any
firearm.
(16) "Antique firearm" means:
(A) Any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before one thousand eight hundred ninety-eight;
or
(B) Any replica of any firearm described in paragraph (A) if
the replica:
(i) Is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition; or
(ii) Uses rimfire or conventional center fire fixed ammunition
which is no longer manufactured in the United States and which is
not readily available in the ordinary channels of commercial trade;
or
(C) Any muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, which is designed to use black powder, or a
black powder substitute, and which cannot use fixed ammunition.
For purposes of this paragraph, the term "antique firearm" shall
not include any weapon which incorporates a firearm frame or
receiver, any firearm which is converted into a muzzle loading
weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt,
breechblock, or any combination thereof.
(17) "Body armor" means any personal protective body covering
intended to protect against gunfire, regardless of whether the
product is to be worn alone or is sold as a complement to another
product or garment.
(18) "Conviction" or "convicted," for the purposes of
determining whether a person is disqualified under this article
from shipping, transporting, possessing or receiving any deadly
weapon or obtaining a concealed handgun license, does not include
any conviction which has been expunged, or set aside or for which
a person has been pardoned or has had civil rights restored, unless
the pardon, expungement or restoration of civil rights expressly
provides that the person may not ship, transport, possess or
receive firearms. What constitutes a conviction of a crime shall
be determined in accordance with the law of the jurisdiction in
which the proceedings were held.
(19) "Crime punishable by imprisonment for a term exceeding
one year" does not include:
(A) Any federal or state offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business practices;
or
(B) Any state offense classified by the laws of the state as
a misdemeanor and punishable by a term of imprisonment of two years
or less.
(20) "Disqualifying domestic violence protective order" means
a court order that:
(A) Was issued after a hearing of which the person received
actual notice, and at which the person had an opportunity to
participate;
(B) Restrains the person from harassing, stalking, or
threatening an intimate partner of the person or child of the
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to
the partner or child; and
(C)(i) Includes a finding that the person represents a
credible threat to the physical safety of the intimate partner or
child; or
(ii) By its terms explicitly prohibits the use, attempted use,
or threatened use of physical force against the intimate partner or
child that would reasonably be expected to cause bodily injury.
(21) "Family or household member" has the same meaning as in
section two hundred four, article twenty-seven, chapter forty-eight
of this code.
(22) "Felony crime of violence" means a felony or a crime
punishable by a term of imprisonment exceeding one year (excluding
any misdemeanor) that:
(A) Has as an element the use, attempted use, or threatened
use of physical force, against the person or property of another or
the presentment or use of a firearm or other deadly weapon, or
(B) By its nature, involves a substantial risk that physical
force against the person or property of another may be used in the
course of committing the offense.
(23) "Firearm silencer" means any device for silencing,
muffling, or diminishing the report of a portable firearm,
including any combination of parts, designed or redesigned, and
intended for use in assembling or fabricating a firearm silencer,
and any part intended only for use in the assembly or fabrication.
(24) "Fugitive from justice" means any person who has fled
from any state to avoid prosecution for a crime or to avoid giving
testimony in any criminal proceeding.
(25) "Handgun" means any firearm which has a short stock and
is designed to be held and fired by the use of a single hand and
includes any pistol or revolver.
(26) "Intimate partner" means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual
who is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
(27) "Intoxicated":
(A) Means:
(i) Not having the normal use of mental or physical faculties
by reason of being under the influence of alcohol, a controlled
substance, a drug, or any combination thereof; or
(ii) Having a blood alcohol concentration of eight hundredths
of one percent or more, by weight; and
(B) Sections eight and nine of article five, chapter
seventeen-c apply to this article mutatis mutandis for determining
whether a person is intoxicated and protecting the right of a
person to an independent chemical test within a timely manner.
(28) "Law-enforcement officer" has the same meaning as in
section one, article twenty-nine, chapter thirty of this code.
(29) "Law-enforcement official" has the same meaning as in
section one, article twenty-nine of chapter thirty.
(30) "Loaded," with respect to a firearm, means that the
firearm:
(A) Has live, unexpended ammunition, is in the firing position
or a position whereby the manual operation of any mechanism once
would cause live, unexpended ammunition to be fired;
(B) Has live, unexpended ammunition in a clip or magazine that
is locked in place in the firearm;
(C) Has live, unexpended ammunition in the cylinder, if the
firearm is a revolver; or
(D) Is capped or primed and has a powder charge and ball or
shot in the barrel or cylinders, if the firearm is a muzzle-loader.
A firearm is not loaded solely because a loaded clip, magazine
or speed-loader is readily accessible for immediate use or loading
of an otherwise unloaded firearm.
(31)(A) Except as otherwise provided in this subdivision,
"misdemeanor crime of domestic violence" means an offense that:
(i) Is a misdemeanor under federal or state law; and
(ii) Has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly situated to
a spouse, parent, or guardian of the victim.
(B) A person shall not be considered to have been convicted of
an offense for purposes of this article, unless:
(i) The person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
(ii) In the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either:
(I) The case was tried by a jury, or
(II) The person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.
(32) "Property owner" means an owner, lessee or other person
charged with the care, custody and control of real property. For
the purposes of this definition, "person" means an individual or
any entity which may acquire title to real property.
(33) "Qualified law-enforcement officer":
(A)(i) Means an employee of a governmental agency who:
(I) Is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
(II) Is authorized by the agency to carry a firearm;
(III) Is not the subject of any disciplinary action by the
agency;
(IV) Meets standards, if any, established by the agency which
require the employee to regularly qualify in the use of a firearm;
(V) Is not intoxicated; and
(VI) Is not prohibited by federal law or the laws of this
state from possessing or receiving a firearm; and
(ii) Includes any person as defined in 18 U.S.C. §926B(c); and
(B) The person has in his or her possession the photographic
identification issued by the governmental agency for which the
individual is employed as a law-enforcement officer.
(34) "Qualified retired law-enforcement officer":
(A) Means an individual who:
(i) Retired in good standing from service with a public agency
as a law-enforcement officer, other than for reasons of mental
instability;
(ii) Before his or her retirement, was authorized by law to
engage in or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
(iii)(I) Before his or her retirement, was regularly employed
as a law-enforcement officer for an aggregate of fifteen years or
more; or
(II) Retired from service with the agency, after completing
any applicable probationary period of service, due to a
service-connected disability, as determined by the agency;
(iv) Has a nonforfeitable right to benefits under the
retirement plan of the agency;
(v) During the most recent twelve-month period, has met, at
the expense of the individual, the state's standards for training
and qualification for active law-enforcement officers to carry
firearms;
(vi) Is not intoxicated; and
(vii) Is not prohibited by federal law or the laws of this
state from receiving or possessing a firearm; and
(B) Includes any person as defined in 18 U.S.C. §926C(c).
(35) "Readily accessible for immediate use" means that a
firearm, ammunition or other deadly weapon is carried on the person
or within close proximity and so that it can be retrieved and used
as easily and quickly as if carried on the person.
(36) "Rifle" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to
fire only a single projectile through a rifled bore for each single
pull of the trigger.
(37) "School bus" has the same meaning as in section one,
article one of chapter seventeen-a.
(38) "Shotgun" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to
fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(39) "Unloaded":
(A) With respect to a firearm, means the state of a firearm
not being loaded; and
(B) With respect to a firearm employing a percussion cap,
flintlock, or other obsolete ignition system, in addition to the
circumstances described in paragraph (A) of this subdivision, the firearm is "unloaded" when the weapon is uncapped or when the
priming charge is removed from the pan.
§61-7-4. License to carry concealed handguns; how obtained.
(a) Except as provided in subsection (h) of this section, Any
person desiring to obtain a state license to carry a concealed
deadly weapon handguns shall apply to the a sheriff of his or her
county for such a concealed handgun license, and shall pay to the
sheriff, at the time of application, a license fee of seventy-five
ninety dollars for initial licensure or seventy-five dollars for a
renewal application. of which fifteen dollars of that amount shall
be deposited in the courthouse facilities improvement fund created
by section six, article twenty-six, chapter twenty-nine of this
code. Concealed weapons permits may only be issued for pistols or
revolvers An applicant who is a resident of this state shall apply
to the sheriff of the county in which he or she resides. An
applicant who is not a resident of this state may apply to the
sheriff of any county. Each applicant shall file with the sheriff,
a complete application, as prepared by the Superintendent of the
West Virginia State Police, in writing, duly verified, which sets
forth only the following licensing requirements:
(1) The applicant's full name, date of birth, social security
number, and a description of the applicant's driver's license
number or nondriver state photo identification number, residence
address, mailing address if different, daytime telephone number if available, gender, height, weight, color of hair, color of eyes and
other physical features of the applicant as may be specified on the
uniform application form prepared by the Superintendent of the
State Police. The application shall also solicit the applicant's
social security number, whose submission by the applicant shall be
optional;
(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made and has a valid driver's license or other
state-issued photo identification showing such residence;
(3) That the applicant is at least twenty-one years of age:
or older Provided, That any individual who is less than twenty-one
years of age and possesses a properly issued concealed weapons
license as of the effective date of this article shall be licensed
to maintain his or her concealed weapons license notwithstanding
the provisions of this section requiring new applicants to be at
least twenty-one years of age: Provided, however, That upon a
showing of any applicant who is eighteen years of age or older that
he or she is required to carry a concealed weapon handgun as a
condition for employment, and presents satisfactory proof to the
sheriff thereof is presented to the sheriff, then he or she the
applicant shall be issued a license upon meeting all other
conditions of this section. Upon discontinuance of employment that
requires the concealed weapons handgun license, if the individual issued the license licensee is not yet less than twenty-one years
of age, then the individual issued the license licensee is no
longer eligible and must return his or her surrender the license to
the issuing sheriff;
(4) (3) That the applicant is not addicted to alcohol; a
controlled substance or a drug and
(4) That the applicant is not an unlawful user thereof of or
addicted to any controlled substance or drug;
(5) That the applicant has not been convicted of a felony, a
crime punishable by imprisonment for a term exceeding one year or
of an act of violence involving the misuse of a deadly weapon;
(6) That the applicant has not been convicted of a misdemeanor
offense of assault or battery either under the provisions of
section twenty-eight, article two of this chapter or the provisions
of subsection (b) or (c), section nine, article two of this chapter
in which the victim was a current or former spouse, current or
former sexual or intimate partner, person with whom the defendant
has a child in common, person with whom the defendant cohabits or
has cohabited, a parent or guardian, the defendant's child or ward
or a member of the defendant's household at the time of the
offense; or a misdemeanor offense with similar essential elements
in a jurisdiction other than this state crime of domestic violence
and is not the subject of a disqualifying domestic violence
protective order;
(7) That the applicant is not under indictment for a felony
offense or a crime punishable by imprisonment for a term exceeding
one year;
(8) That the applicant is not currently serving a sentence of
confinement, parole, probation or other court-ordered supervision
imposed by a court of any jurisdiction; or is the subject of an
emergency or temporary domestic violence protective order or is the
subject of a final domestic violence protective order entered by a
court of any jurisdiction
(8) (9) That the applicant is physically and mentally
competent to carry such weapon a concealed handgun;
(9) (10) That the applicant has not been adjudicated to be
mentally incompetent, adjudicated as a mentally defective or
involuntarily committed to a mental institution;
(10) (11) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such weapon a handgun: Provided, That this
requirement shall be waived in the case of a renewal applicant who
has previously qualified;
(12) That the applicant, if the applicant is not a resident of
this state:
(A) Is not a resident of a state with which a reciprocity
agreement has been established pursuant to subsection five, section
six-a, article seven, chapter sixty-one of this code; and
(B) Has been issued a license or permit by any other state
that entitles the applicant to carry a concealed handgun in the
state in which the license or permit was issued; and
(11) (13) That the applicant authorizes the sheriff of the
county, or his or her designee, to conduct an investigation
relative to the information contained in the application.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(4), (5), (6), (7), (8), and (9), (10) and (12), subsection (a) of
this section are true and correct.
(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses All fees received by the
sheriff under this section shall be deposited by the sheriff into
a concealed weapons handgun license administration fund. Such The
fund shall be administered by the sheriff and shall take the form
of an interest bearing account with any interest earned to be
compounded to the fund. Any funds deposited in this concealed
weapon handgun license administration fund are to be expended by
the sheriff to pay for the costs associated with issuing concealed
weapons handgun licenses. By the tenth day of each month, the
sheriff shall, from this fund, deposit fifteen dollars per license
granted in the preceding month into the courthouse facilities
improvement fund created by section six, article twenty-six,
chapter twenty-nine of this code. By the tenth day of each month, the sheriff shall, from this fund, pay to the Superintendent of the
State Police fifteen dollars per license granted in the preceding
month. Any surplus in the fund on hand at the end of each fiscal
year may be expended for other law-enforcement purposes or
operating needs of the sheriff's office, as the sheriff may
consider appropriate.
(d) All persons applying for a concealed handgun license must
complete a training course in handling and firing a handgun. The
successful completion of any of the following courses fulfills this
training requirement:
(1) Any official National Rifle Association handgun safety or
training course;
(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by such the institution;
(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association; or
(4) Any handgun training or safety course or class conducted
by any branch of the United States Military, Reserve or National
Guard.
A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or
class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of
qualification under this section.
(e) All concealed weapons handgun license applications must be
notarized by a notary public duly licensed under article four,
chapter twenty-nine of this code. Falsification of any portion of
the application constitutes false swearing and is punishable under
the provisions of section two, article five, chapter sixty-one of
this code section two, article five, chapter sixty-one of this
code.
(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed.
(g) A concealed handgun license shall be valid throughout the
state for five years from the date of issue, unless sooner
surrendered, suspended or revoked. A license that is renewed
before the immediately preceding license term expires, but not more
than one year before the immediately preceding license term expires, shall expire five years from the expiration date of the
preceding license.
(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of fifteen dollars which the sheriff shall forward to the
superintendent of the West Virginia State Police within thirty days
of receipt. Any such license shall be valid for five years
throughout the state, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, shall continue to hold a valid concealed
weapons license until his or her license expires or is revoked as
provided in this article: Provided, That all reapplication fees
shall be waived for applications received by the first day of
January, one thousand nine hundred ninety-seven, for any person
holding a current and valid concealed weapons license as of the
sixteenth day of December, one thousand nine hundred ninety-five,
which contains use restrictions placed upon the license as a
condition of issuance by the issuing circuit court. Any licenses
reissued pursuant to this subsection will be issued for the time
period of the original license.
(i) (h) Each license shall contain the full name, date of
birth, social security number, and residence address, gender,
height, weight, color of hair, color of eyes and signature of the licensee and a space upon which the signature of the licensee shall
be signed with pen and ink the license's issue date and expiration
date. The issuing sheriff shall sign and attach his or her seal to
all license cards licenses. The sheriff shall provide to each new
licensee a duplicate license card, in size similar to other state
identification cards and licenses, suitable for carrying in a
wallet, and such license card is deemed a license for the purposes
of this section. The license shall be the same size as a driver's
license and shall be suitable for carrying in a wallet.
(j) (i) The Superintendent of the West Virginia State Police
shall prepare uniform applications for licenses and license cards
showing that such the license has been granted and shall do any
other act required to be done to protect the state and see to the
enforcement of this section. Each application or other form shall
contain a conspicuous notice that the provision of a social
security number on any form or application under this section is
optional, that no license may be denied for failure to submit a
social security number, but that submitting a social security
number may expedite the required background checks of the
applicant.
(k) (j) In the event If an application is denied, the specific
reasons for the denial shall be stated in writing by the sheriff
denying the application. Any person denied a license may file, in
the circuit court of the county in which the application was made, a petition seeking review of the denial. Such The petition shall
be filed within thirty days of the denial. The court shall then
determine whether the applicant is entitled to the issuance of a
license under the criteria set forth in this section. The
applicant may be represented by counsel, but in no case shall the
court be required to appoint counsel for an applicant. The final
order of the court shall include the court's findings of fact and
conclusions of law. If the final order upholds the denial, the
applicant may file an appeal in accordance with the rules of
appellate procedure of the Supreme Court of Appeals.
(l) (k) In the event If a license is lost or destroyed, the
person to whom the license was issued licensee may obtain a
duplicate or substitute license for a fee of five dollars by filing
a notarized statement with the sheriff indicating that the license
has been lost or destroyed. Within thirty days of a change of a
licensee's name or address, the licensee shall file with the
sheriff of the county in which the licensee's current license was
issued, a notarized statement indicating the change of name or
address. Upon applying for a renewal of the license, the licensee
shall apply to the sheriff of the appropriate county. Upon receipt
of a notarized notice of change of name or address and payment of
the duplicate or substitute license fee prescribed in this
subsection, the sheriff shall issue a substitute license containing
the licensee's new name or address.
(m) (l) The sheriff shall, immediately after issuing the
license, is granted as aforesaid furnish the Superintendent of the
West Virginia State Police a certified copy of the approved
application. It shall be the duty of the sheriff to furnish to the
Superintendent of the West Virginia State Police at any time so
requested a certified list of all such licenses issued in the
county. The Superintendent of the West Virginia State Police shall
maintain a registry of all persons who have been issued concealed
weapons handgun licenses. This registry shall be updated on a
real-time basis and shall be instantaneously accessible at all
times to criminal justice agencies and for the purpose of
confirming the license status of any person who claims to hold a
valid concealed handgun license issued by this state.
(n) (m) All licensees must carry with them a state-issued
photo identification card with the concealed weapons handgun
license whenever the licensee is carrying a concealed weapon
handgun. Any licensee who fails to have in his or her possession
a state-issued photo identification card and a current concealed
weapons handgun license while carrying a concealed weapon shall be
handgun is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars or nor more than two
hundred dollars for each offense.
(o) (n) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing application requirements established in this section have not been
met by the applicant or have been violated by the licensee.
(p) (o) No person who is engaged in the receipt, review or in
the issuance or revocation of a concealed weapon license shall
incur any civil liability handgun license may be liable in a civil
action as the result of the lawful performance of his or her duties
under this article.
(q) (p) Notwithstanding the provisions of subsection (a) of
this section, with respect to application by a former
law-enforcement officer honorably retired from agencies governed by
article fourteen, chapter seven of this code; article fourteen,
chapter eight of this code; article two, chapter fifteen of this
code; and article seven, chapter twenty of this code, an honorably
retired officer is exempt from payment of fees and costs as
otherwise required by this section, and the application of the
honorably retired officer shall be granted without proof or inquiry
by the sheriff as to those requirements set forth in subdivision
(9) (12), subsection (a) of this section, if the officer applicant
meets the remainder of the requirements of this section and has the
approval of the appropriate chief law-enforcement officer official.
(q) Notwithstanding any provision of this code to the
contrary, the social security number or telephone number of any
applicant or licensee appearing on any application, license or
other document pertaining to concealed handgun licenses, is not a public record, shall be redacted from any copy of any document made
available for public inspection and may not be copied or inspected,
other than after the required redaction under this subsection, by
any person other than:
(1) The applicant or licensee;
(2) The duly qualified conservator or guardian of the
applicant or licensee;
(3) The duly qualified executor or administrator of the estate
of the applicant or licensee, if deceased, or, in the event no
executor or administrator has qualified, the next of kin of the
deceased person;
(4) An attorney, attorney-in-fact or other agent or
representative acting pursuant to a written power of attorney or
other written authorization signed by the applicant or licensee; or
(5) A duly authorized representative of a law-enforcement
agency for any official purpose or any other agency or
instrumentality of federal, state or local government seeking the
record in the ordinary course of performing its official duties.
(r) Except as restricted or prohibited by the provisions of
this article or as otherwise prohibited by law, the issuance of a
concealed weapon permit issued in accordance with the provisions
of this section shall authorize the holder of the permit to carry
a concealed pistol or revolver on the lands or waters of this
state.
§61-7-5. Revocation of license.
A concealed handgun license to carry a deadly weapon shall be
deemed revoked at such time as if the person licensed licensee
becomes unable to meet the criteria for initial licensure set forth
in section four of this article section four, article seven,
chapter sixty-one of this code. Upon suspending or revoking any
license, the sheriff shall notify the licensee in writing within
five working days after the suspension or revocation and shall
state in writing the specific reason or reasons for the revocation.
Any person licensed under the provisions of this article concealed
handgun licensee shall immediately surrender his or her the license
to the issuing sheriff upon within five working days of receiving
notice of the revocation or the licensee becoming ineligible for
continued licensure. Immediately upon revoking a concealed handgun
license or receiving a voluntarily surrendered license, the sheriff
shall notify the Superintendent of the State Police,
by electronic
means, including e-mail or facsimile
transmission, that the license
is no longer valid
and the superintendent shall cause the concealed
handgun license registry to be updated accordingly.
§61-7-6. Exceptions to requirement for license to carry concealed
weapons.
(a) The licensure provisions set forth in this article do not
apply to:
(1) Any person carrying a deadly weapon is not prohibited from
possessing by federal law or the laws of this state upon in his or
her own premises home, residence, place of business or upon any
real property contiguous to his or her home, residence or place of
business owned or leased by the person; nor shall anything herein
prevent a
(2) Any person from carrying any firearm, unloaded firearm is
not prohibited from possessing by federal law or the laws of this
state 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
(3) Any person from possessing carrying a firearm is not
prohibited from possessing by federal law or the laws of this state
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) (4) 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 while carrying any pistol,
as defined in this article, unloaded firearm is not prohibited from
possessing by federal law or the laws of this state 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; or
(5)
Any resident of another state who holds a valid license to
carry a concealed weapon by a state or a political subdivision
which has entered into a reciprocity agreement with this state,
subject to the provisions and limitations set forth in section
six-a of this article;
(b) The following persons are authorized to carry any
concealed deadly weapon whose possession by that person is not
prohibited by federal law or the laws of this state:
(3) (1) Any law-enforcement officer or law-enforcement
official; as defined in section one, article twenty-nine, chapter
thirty of this code
(4) (2) 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) (3) Any member of the Armed Forces of the United States or
the militia of this state while the member is on duty;
(6) (4) 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 holds a valid license to
carry a concealed weapon by a state or a political subdivision
which has entered into a reciprocity agreement with this state,
subject to the provisions and limitations set forth in section
six-a of this article;
(8) (5) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and
(6) Any qualified law-enforcement officer;
(7) Any qualified retired law-enforcement officer who
possesses photographic identification issued by the agency from
which the individual retired from service as a law-enforcement
officer; and
(9) (8) Any Hatfield-McCoy regional recreation authority
ranger while the ranger is on duty.
§61-7-12. Wanton endangerment involving a firearm.
Any person who wantonly performs any act with a firearm which
creates a substantial risk of death or serious bodily injury to
another person shall be is guilty of a felony and, upon conviction
thereof, shall be confined in the penitentiary imprisoned for a
definite term of years of not less than one year nor more than five
years, or, in the discretion of the court, confined in the county jail for not more than one year, or fined not less than two hundred
fifty dollars nor more than two thousand five hundred dollars, or
both.
For purposes of this section, the term "firearm" shall have
the same meaning ascribed to such term as set forth in section two
of this article.
§61-7-14. Right of certain persons to limit possession of firearms
or other deadly weapons on premises.
(a) Notwithstanding the provisions of this article, and except
as otherwise provided in this section, any owner, lessee or other
person charged with the care, custody and control of real property
owner may prohibit the carrying openly or concealed of any firearm
or deadly weapon on property under his or her domain. Provided,
That for purposes of this section "person" means an individual or
any entity which may acquire title to real property
such the firearm or other deadly weapon,
upon being lawfully requested to do so, or to leave such the
premises, while in possession of such the firearm or other deadly
weapon, shall be is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than one thousand dollars, or
confined in the county jail for not more than six months, or both.
Provided, That the provisions of
(c) Any restriction or prohibition on possessing or carrying
any weapon under this section shall not apply to those persons set
forth in subsections (3) through (6) authorized to carry a
concealed deadly weapon pursuant to subsection (b), section six,
article seven, chapter sixty-one of this code. section six of this
code while such persons are acting in an official capacity:
Provided, however, That under no circumstances may any person
possess or carry or cause the possession or carrying of any firearm
or other deadly weapon on the premises of any primary or secondary
educational facility in this state unless such person is a
law-enforcement officer or he or she has the express written
permission of the county school superintendent
§61-7-15. Persons prohibited from committing violent crime while
wearing body armor; penalties.
(a) A person who wears or is otherwise equipped with body
armor while committing a felony offense, an element of which is
force, the threat of force, physical harm to another or the use or
presentment of a firearm or other deadly weapon crime of violence
is guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility imprisoned for not less than
two years nor more than ten years, or fined not more than ten
thousand dollars, or both.
(b) As used in this section, "body armor" means a jacket,
vest, or other similar apparel or device constructed to provide ballistic resistance to penetration and deformation and intended to
protect the human torso against gunfire. The term may include, but
is not limited to, apparel that incorporates inserts, or variations
in construction of the ballistic panel over small areas of the
torso, for the purpose of increasing the basic level of protection
of the armor (whether ballistic or blunt trauma) on localized
areas. Body armor may be constructed of Kevlar or other similar
fabric and may be reinforced with other materials. Body armor may
incorporate "threat" or "trauma" plates (which are inserts that fit
into the vest that will stop more powerful rounds) or may, as
"threat armor", incorporate hard panels.
NOTE: The purpose of this bill is to establish a procedure for
issuing concealed handgun licenses to nonresidents and protect the
privacy of concealed handgun licensees' social security numbers by
removing social security numbers from concealed handgun licenses.
Strike-throughs indicate language which would be eliminated;
underscoring indicates new language which would be added.