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Introduced Version House Bill 2507 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2507


(By Delegate Carmichael)
[Introduced January 13, 2010; referred to the
Committee on Natural Resources then the Judiciary.]




A BILL to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to the discharging of firearms within a certain distance of a dwelling house.

Be it enacted by the Legislature of West Virginia:
That §20-2-58 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-58. Shooting across road or near building or crowd; penalty.

It shall be is unlawful for any person to shoot or discharge any firearms across or in any public road in this state, at any time, or within four hundred feet of any schoolhouse or church, or within five hundred feet of any dwelling house, or on or near any park or other place where persons gather for purposes of pleasure, and any person violating this section is guilty of a misdemeanor: Provided, That it is lawful for any person to shoot or discharge any firearm within five hundred feet of any dwelling house in a safe and accurate manner if that person obtains a permit to do so from the Director of the Division of Natural Resources: Provided, however, That any person operating a gun repair shop, licensed to do business in the State of West Virginia and duly licensed under applicable federal statutes, may be exempted from the prohibition established by this section and section twelve, article seven, chapter sixty-one of this code for the purpose of test firing a firearm. The Director of the Department Division of Natural Resources shall prescribe such rules as may be necessary to carry out the purposes of the exemption under this section and section twelve, article seven, chapter sixty-one and shall ensure that any person residing in any dwelling home within five hundred feet of such a gun repair shop be given an opportunity to protest the granting of such exemption.



NOTE: The purpose of this bill is to make it lawful for any person to discharge a firearm within five hundred feet of any dwelling house in a safe and accurate manner if that person obtains a permit to do so from the Director of the Division of Natural Resources.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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