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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 515
(Senators Kessler and Barnes, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT
to
amend and reenact §61-7-10 of the Code of West Virginia,
1931, as amended, relating to the unlawful purchase or sale
firearms
prohibiting the purchase or attempt to purchase a
firearm from a firearm dealer by certain persons; increasing
fines and penalties for certain offenses; creating a felony
offense for a person
who knowingly solicits, persuades,
encourages or entices a firearm or ammunition dealer or
private seller to sell or transfer a firearm or ammunition
under circumstances which would violate the laws of this
State; making it a felony offense to procure another to
knowingly solicit, persuade, encourage or entice a firearm or
ammunition under circumstances which would violate the laws of
this State; providing an exception for a law-enforcement
officer acting in his or her official capacity; and establishing criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §61-7-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-10. Display of deadly weapons for sale or hire; sale to
prohibited persons; penalties.
(1) A person may not publicly display and offer for rent or
sale, or, where the person is other than a natural person, to
knowingly permit an employee thereof to publicly display and offer
for rent or sale, to any passers by on any street, road or alley,
any deadly weapon. machine gun, submachine gun or other fully
automatic weapon, any rifle, shotgun or ammunition for same.
(2) Any person violating the provisions of subsection (1) of
this section shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not more than $5,000 or shall be confined
in the county jail for not more than one year, or both fined and
confined, except that where the person violating the provisions of
this subsection is other than a natural person, such person shall
be fined not more than $10,000.
(3) A person may not knowingly sell, rent, give or lend, or,
where the person is other than a natural person, to knowingly
permit an employee thereof to knowingly sell, rent, give or lend,
any firearm or ammunition to a person prohibited from possessing firearm or ammunition by any provision of this article or by 18
U.S.C. §922(g) or (n) or other applicable federal law.
(4) Any person who violates any of the provisions of
subsection (3) of this section is guilty of a felony and, upon
conviction thereof, shall be fined not more than $100,000,
imprisoned in a state correctional facility for a definite term of
years of not less than three years nor more than ten years, or both
fined and imprisoned, except that where the person committing an
offense punishable under this subsection is other than a natural
person, such person shall be fined not more than $250,000.
(5) A person who knowingly solicits, persuades, encourages or
entices a licensed dealer or private seller of firearms or
ammunition to transfer a firearm or ammunition under circumstances
which the person knows would violate the laws of this state or the
United States is guilty of a felony. A person who willfully
procures another to engage in conduct prohibited by this subsection
shall be punished as a principal. This subsection does not apply
to a law-enforcement officer acting in his or her official
capacity. Any person who violates the provisions of section five
of subsection (5) of this section is guilty of a felony, and upon
conviction thereof, shall be fined not more than $5,000, imprisoned
in a state correctional facility for a definite term of not less
than one year nor more than five years, or both fined and
imprisoned.