§61-7-3. Carrying deadly weapon without license or other
(a) Any person who carries a concealed deadly weapon, without
a state license or other lawful authorization established under the
provisions of this code, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than one thousand dollars and may be imprisoned in
the county jail for not more than twelve months for the first
offense; but upon conviction of a second or subsequent offense, he
or she shall be guilty of a felony, and, upon conviction thereof,
shall be imprisoned in the penitentiary not less than one nor more
than five years and fined not less than one thousand dollars nor
more than five thousand dollars.
(b) It shall be the duty of the prosecuting attorney in all
cases to ascertain whether or not the charge made by the grand jury
is a first offense or is a second or subsequent offense and, if it
shall be a second or subsequent offense, it shall be so stated in
the indictment returned, and the prosecuting attorney shall
introduce the record evidence before the trial court of such second
or subsequent offense and shall not be permitted to use discretion
in introducing evidence to prove the same on the trial.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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