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SB621 SUB1 Senate Bill 621 History

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COM SUB 1 LINE

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 621

(By Senators Unger, Green, K. Facemyer, Kessler, Oliverio, Bowman, Edgell, Guills and Plymale)

____________

[Originating in the Committee on the Judiciary;

reported March 27, 2009.]

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A BILL to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to only allowing a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain; clarifying that municipal and county governments are not entities for purposes of this section.

Be it enacted by the Legislature of West Virginia:
That §61-7-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-14. Right of certain persons to limit possession of firearms on premises.

Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real property 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 who may acquire title to real property.
Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county jail not more than six months, or both: Provided, That the provisions of This section shall not apply to those persons set forth in subsections paragraphs (3) through (6) inclusive, section six of this article while such persons are acting in an official capacity. Provided, however, That However, 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. Provided, That no county or municipal government may be considered an entity for purposes of the applicability of this section.



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