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Introduced Version House Concurrent Resolution 11 History

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HOUSE CONCURRENT RESOLUTION NO. 113

( By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro, Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross, Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane, Overington, Schadler, Schoen and Sobonya )

(Originating in the Committee on the Judiciary)

[March 10, 2010]



Requesting the Joint committee on Government and Finance to undertake a study of the sale, licencing, and use of firearms.

WHEREAS, current West Virginia law requires any person who wishes to carry a concealed weapon must obtain a license; applicant cannot be convicted of a misdemeanor offense of assault or battery, and shall undergo a nationwide criminal background check; and,
WHEREAS, in addition to restrictions on possessing firearms, current West Virginia law states that it is unlawful for any person to 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 deadly weapon to a person prohibited from possessing a firearm as defined in the code; and,
WHEREAS, in 1993, Congress passed the Brady Handgun Violence Protection Act, which requires federally licensed firearms dealers to conduct background checks on all prospective firearms purchasers; in the last decade, the National Instant Criminal Background Check System (NICS) has been used to process over 100 million background checks and has blocked more than 700,000 illegal sales; however, gaps remain that allow criminals and other prohibited purchasers to circumvent the background check requirement; and,
WHEREAS, the Mayors Against Illegal Guns coalition was created in 2006 in order to protect their communities by holding gun offenders and irresponsible gun dealers accountable, demanding access to trace data that is critical to law enforcement efforts to combat illegal gun trafficking, and working with legislators to fix gaps, weaknesses and loopholes in the law that make it far too easy for criminals and other prohibited purchasers to get guns; and,
WHEREAS, the Mayors Against Illegal Guns Coalition has recommended that ATF agents should collect intelligence, using trace data, witness interviews, and undercover operations to identify sellers who appear to be engaged in the business of selling firearms illegally but nonetheless do so at gun shows without a license.
WHEREAS, and as this practice does not seem to conform to the practices regulated in both Federal and State codes; thus further study is requested on the possibility of restricting people who knowingly solicit, persuade, encourage or entice 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; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the sale, licencing, and use of firearms; and be it
Further Resolved, that the study shall cover subjects of the following: requirements for a criminal background check prior to purchase; purchasing or attempt to purchase a firearm from a dealer; and, prohibiting a person other than law enforcement who knowingly encourages a firearm dealer to violate firearm sales laws.

Further Resolved,
that the Joint committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions, and recommendations; and be it
Further Resolved, that the expenses necessary to fund this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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