SB369 H JUD AM 4-10 #1
The Committee on the Judiciary moves to amend the bill on page
one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6. Exceptions as to prohibitions against carrying concealed
handguns; exemptions from licensing fees.
(a) The licensure provisions set forth in this article do not
apply to:
(1) Any person:
(A) Carrying a deadly weapon upon his or her own premises; nor
shall anything herein prevent a person from
(B) Carrying any a 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 or
_____(C) 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 eleven-c,
article five one, chapter twenty-five 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)(6) Any resident of another state who holds a valid permit
or license to possess or carry a concealed weapon handgun issued 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)(7) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and
(9)(8) Any Hatfield-McCoy Regional Recreation Authority Ranger
while the ranger is on duty; and
_____(9) Any parole officer appointed pursuant to section fourteen
article twelve, chapter sixty-two of this code in the performance
of their duties.
(b) On and after July 1, 2013, the following judicial officers
and prosecutors and staff shall be exempted from paying any
application fees or licensure fees required under this article.
However, on and after that same date, they shall be required to
make application and satisfy all licensure and handgun safety and
training requirements set forth in section four of this article
before carrying a concealed handgun in this state:
_____(1) Any justice of the Supreme Court of Appeals of West
Virginia;
_____(2) Any circuit judge;
_____(3) Any retired justice or retired circuit judge designated
senior status by the Supreme Court of Appeals of West Virginia;
_____(4) Any family court judge;
_____(5) Any magistrate;
_____(6) Any prosecuting attorney;
_____(7) Any assistant prosecuting attorney; or
_____(8) Any duly appointed investigator employed by a prosecuting
attorney.
__________§61-7-6a. Reciprocity and recognition; out-of-state concealed
handgun permits.
(a) A holder of a valid out-of-state permit or license to
possess or carry a concealed handgun as issued by another state
with which the State of West Virginia has executed a reciprocity
agreement shall be recognized as is valid in this state for the
carrying of a concealed handgun, if the following conditions are
met:
(1) The permit or license holder is twenty-one years of age or
older;
(2) The permit or license is in his or her immediate
possession;
(3) The permit or license holder is not a resident of the
State of West Virginia; and
(4) The State of West Virginia has executed a valid and
effective reciprocity agreement with the issuing state pertaining
to the carrying and verification of concealed handgun licenses and
permits issued in the respective states. The Attorney General has
been notified by the Governor of the other state that the other
state allows residents of West Virginia who are licensed in West
Virginia to carry a concealed handgun to carry a concealed handgun
in that state or the Attorney General has entered into a written reciprocity agreement with the appropriate official of the other
state whereby the state agrees to honor West Virginia concealed
handgun licenses in return for same treatment in this state.
(b) A holder of a valid permit or license from another state
who is authorized to carry a concealed handgun in this state
pursuant to provisions of this section is subject to the same laws
and restrictions with respect to carrying a concealed handgun as a
resident of West Virginia who is so permitted, and must carry the
concealed handgun in compliance with the laws of this state.
(c) A license or permit from another state is not valid in
this state if the holder is or becomes prohibited by law from
possessing a firearm.
(d) The West Virginia Attorney General shall seek to obtain
recognition of West Virginia concealed handgun licenses and enter
into and may execute reciprocity agreements on behalf of the State
of West Virginia with states which meet the following standards and
requirements:
(1) The standards applied by the other state before issuing a
concealed handgun license or permit must be similar to or greater
than the standards imposed by this article;
(2) This state's law-enforcement officers have continuous
access to databases on the criminal information network,
8twenty-four hours per day, seven days per week, to verify the
continued validity of any license or permit to carry a concealed handgun that has been granted by the issuing state;
(3) The other state agrees to grant the right to carry a
concealed handgun to residents of West Virginia who have valid
concealed handgun permits issued pursuant to this article in their
possession while carrying concealed weapons in that state; and
(4) The states agree to apprise one another of changes in
permitting standards and requirements, to provide for a prompt
reexamination of whether any adopted change in licensing or
permitting standards negates the states' ability to continue with
the reciprocity agreement. for the recognition of concealed handgun
permits issued pursuant to this article.
(e) The West Virginia State Police shall maintain a registry
of states with which the State of West Virginia has entered into
reciprocity agreements or which recognize West Virginia concealed
handgun licenses on the criminal information network and make the
registry available to law-enforcement officers for investigative
purposes.
(f) Every twelve months after the effective date of this
section, the West Virginia Attorney General shall make written
inquiry of the concealed handgun licensing or permitting
authorities in each other state as to: (i) Whether a West Virginia
resident may carry a concealed handgun in their state based upon
having a valid West Virginia concealed handgun permit; and (ii)
whether a West Virginia resident may carry a concealed handgun in that state based upon having a valid West Virginia concealed
handgun permit, pursuant to the laws of that state or by the
execution of a valid reciprocity agreement between the states.
(g) The West Virginia State Police shall make available to the
public a list of states which have entered into reciprocity
agreements with the State of West Virginia or that allow residents
of West Virginia who are licensed in West Virginia to carry a
concealed handgun to carry a concealed handgun in that state.