COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 230
(By Senator Barnes)
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[Originating in the Committee on the Judiciary;
reported February 21, 2008.]
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A BILL to amend and reenact §61-7-4 and §61-7-6a of the Code of
West Virginia, 1931, as amended, all relating to carrying
concealed pistols or revolvers; clarifying that background
checks for potential licensees be nationwide; modifying
requirements for other states to qualify for reciprocity; and
removing requirement that licenses contain the licensee's
social security number.
Be it enacted by the Legislature of West Virginia:
That §61-7-4 and §61-7-6a of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
§61-7-4. License to carry deadly weapons; how obtained.
(a) Except as provided in subsection (h) of this section, any
person desiring to obtain a state license to carry a concealed
deadly weapon pistol or revolver shall apply to the sheriff of his
or her county for such license and shall pay to the sheriff, at the
time of application, a fee of seventy-five dollars, of which
fifteen dollars of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article
twenty-six, chapter twenty-nine of this code. Concealed weapons
permits may only be issued for pistols or revolvers. Each
applicant shall file with the sheriff a complete application, as
prepared by the Superintendent of the West Virginia State Police,
in writing, duly verified, which sets forth only the following
licensing requirements:
(1) The applicant's full name, date of birth,
social security
number and a description of the applicant's physical features;
(2)
That, A statement that, on the date the application is
made, the applicant is a bona fide resident of this state and of
the county in which the application is made and has a valid
driver's license or other
state-issued government-issued photo
identification showing such residence;
(3) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions
of this section requiring new applicants to be at least twenty-one
years of age: Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed
weapon pistol or revolver as a
condition for employment, and presents satisfactory proof to the
sheriff thereof, then he or she shall be issued a license upon
meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons license, if the
individual issued the license is not yet twenty-one years of age,
then the individual issued the license is no longer eligible and
must return his or her license to the issuing sheriff;
(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or
of an act of violence involving the
misuse use of a deadly weapon;
(6) That the applicant has not been convicted of a misdemeanor
offense of assault or battery either under the provisions of
section twenty-eight, article two of this chapter or the provisions
of subsection (b) or (c), section nine of said article in which the
victim was a current or former spouse, current or former sexual or
intimate partner, person with whom the defendant has a child in
common, person with whom the defendant cohabits or has cohabited,
a parent or guardian, the defendant's child or ward or a member of
the defendant's household at the time of the offense; or a
misdemeanor offense with similar essential elements in a
jurisdiction other than this state;
(7) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of
a final domestic violence protective order entered by a court of
any jurisdiction;
(8) That the applicant is physically and mentally competent to
carry
such weapon; a concealed pistol or revolver;
(9) That the applicant has not been adjudicated to be mentally
incompetent; defective nor has he or she been previously committed
to a mental hospital for treatment of a mental illness;
(10) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such weapon:
Provided, That this requirement
shall be waived in the case of a renewal applicant who has
previously qualified;
(11) That the applicant authorizes the sheriff of the county,
or his or her designee, to conduct
an a nationwide investigation
relative to the information contained in the application.
(b) The sheriff shall conduct
an a nationwide investigation
which shall verify that the information required in subdivisions
(1), (2), (3), (5), (6), (8) and (9), subsection (a) of this
section are true and correct.
(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. Such fund shall be administered by the
sheriff and shall take the form of an interest-bearing account with
any interest earned to be compounded to the fund. Any funds
deposited in this concealed weapon license administration fund are
to be expended by the sheriff to pay for the costs associated with
issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other
law-enforcement purposes or operating needs of the sheriff's
office, as the sheriff may consider appropriate.
(d) All persons applying for a license must complete a
training course in handling and firing a handgun. The successful
completion of any of the following courses fulfills this training
requirement:
(1) Any official National Rifle Association handgun safety or
training course;
(2) Any handgun safety or training course or class available
to the general public offered by an official law-enforcement
organization, community college, junior college, college or private
or public institution or organization or handgun training school
utilizing instructors duly certified by such institution;
(3) Any handgun training or safety course or class conducted
by a handgun instructor certified as such by the state or by the
National Rifle Association;
(4) Any handgun training or safety course or class conducted
by any branch of the United States military, reserve or national
guard.
A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization or group that conducted or taught said course or
class attesting to the successful completion of the course or class
by the applicant or a copy of any document which shows successful
completion of the course or class shall constitute evidence of qualification under this section.
(e) All concealed
weapons pistol or revolver license
applications must be notarized by a notary public duly licensed
under article four, chapter twenty-nine of this code.
Falsification of any portion of the application constitutes false
swearing and is punishable under the provisions of section two,
article five, chapter sixty-one of this code.
(f) If the information in the application is found to be true
and correct, the sheriff shall issue a license. The sheriff shall
issue or deny the license within forty-five days after the
application is filed if all required background checks authorized
by this section are completed.
(g) Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of fifteen dollars which the sheriff shall forward to the
Superintendent of the West Virginia State Police within thirty days
of receipt. Any such license shall be valid for five years
throughout the state, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, shall continue to hold a valid concealed
weapons license until his or her license expires or is revoked as
provided in this article: Provided, That all reapplication fees
shall be waived for applications received by the first day of
January, one thousand nine hundred ninety-seven, for any person
holding a current and valid concealed weapons license as of the sixteenth day of December, one thousand nine hundred ninety-five,
which contains use restrictions placed upon the license as a
condition of issuance by the issuing circuit court. Any licenses
reissued pursuant to this subsection will be issued for the time
period of the original license.
(i) (h)Each license shall contain the full name,
social
security number date of birth and address of the licensee and a
space upon which the signature of the licensee shall be signed with
pen and ink. The issuing sheriff shall sign and attach his or her
seal to all license cards. The sheriff shall provide to each new
licensee a duplicate license card, in size similar to other state
identification cards and licenses, suitable for carrying in a
wallet, and such license card is deemed a license for the purposes
of this section.
(j) (i) The Superintendent of the West Virginia State Police
shall prepare uniform applications for licenses and license cards
showing that such license has been granted and shall do any other
act required to be done to protect the state and see to the
enforcement of this section.
(k) (j) In the event an application is denied, the specific
reasons for the denial shall be stated by the sheriff denying the
application. Any person denied a license may file, in the circuit
court of the county in which the application was made, a petition
seeking review of the denial. Such petition shall be filed within
thirty days of the denial. The court shall then determine whether
the applicant is entitled to the issuance of a license under the criteria set forth in this section. The applicant may be
represented by counsel, but in no case shall the court be required
to appoint counsel for an applicant. The final order of the court
shall include the court's findings of fact and conclusions of law.
If the final order upholds the denial, the applicant may file an
appeal in accordance with the rules of appellate procedure of the
Supreme Court of Appeals.
(l) (k) In the event a license is lost or destroyed, the
person to whom the license was issued may obtain a duplicate or
substitute license for a fee of five dollars by filing a notarized
statement with the sheriff indicating that the license has been
lost or destroyed.
(m) (l) The sheriff shall, immediately after the license is
granted as aforesaid, furnish the Superintendent of the West
Virginia State Police a certified copy of the approved application.
It shall be the duty of the sheriff to furnish to the
Superintendent of the West Virginia State Police at any time so
requested a certified list of all such licenses issued in the
county. The Superintendent of the West Virginia State Police shall
maintain a registry of all persons who have been issued concealed
weapons licenses
and provide instantaneous verification of the
currency and validity of licenses issued under this article to law-
enforcement agencies within the United States.
(n) (m) All licensees must carry with them a state-issued
photo identification card with the concealed weapons license
whenever the licensee is carrying a concealed weapon. Any licensee who fails to have in his or her possession a state-issued photo
identification card and a current concealed weapons license while
carrying a concealed weapon shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than fifty nor
more than two hundred dollars for each offense.
(o) (n) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.
(p) (o) No person who is engaged in the receipt, review or in
the issuance or revocation of a concealed
weapon pistol or revolver
license shall incur any civil liability as the result of the lawful
performance of his or her duties under this article.
(q) (p) Notwithstanding the provisions of subsection (a) of
this section, with respect to application by a former law-
enforcement officer honorably retired from agencies governed by
article fourteen, chapter seven of this code; article fourteen,
chapter eight of this code; article two, chapter fifteen of this
code; and article seven, chapter twenty of this code, an honorably
retired officer is exempt from payment of fees and costs as
otherwise required by this section, and the application of the
honorably retired officer shall be granted without proof or inquiry
by the sheriff as to those requirements set forth in subdivision
(9), subsection (a) of this section, if the officer meets the
remainder of the requirements of this section and has the approval
of the appropriate chief law-enforcement officer.
(r) (q) Except as restricted or prohibited by the provisions
of this article or as otherwise prohibited by law, the issuance of
a concealed
weapon pistol or revolver permit issued in accordance
with the provisions of this section shall authorize the holder of
the permit to carry a concealed pistol or revolver on the lands or
waters of this state.
§61-7-6a. Reciprocity; out-of-state concealed handgun permits.
(a) A holder of a valid out-of-state permit or license to
carry a concealed handgun, as issued by another state with which
the State of West Virginia has executed a reciprocity agreement,
shall be recognized as valid in this state, if the following
conditions are met:
(1) The permit or license holder is a resident of the issuing
state;
(2) The permit or license holder is twenty-one years or older;
(3) The permit or license is in his or her immediate
possession;
(4) The permit or license holder is not a resident of the
State of West Virginia; and
(5) The State of West Virginia has executed a valid and
effective reciprocity agreement with the issuing state pertaining
to the carrying and verification of concealed handgun licenses and
permits issued in the respective states.
(b) A holder of a valid permit or license from another state
who is authorized to carry a concealed handgun in this state
pursuant to provisions of this section is subject to the same laws and restrictions with respect to carrying a concealed handgun as a
resident of West Virginia who is so permitted, and must carry the
concealed handgun in compliance with the laws of this state.
(c) No license or permit from another state is valid in this
state if the holder is or becomes prohibited by law from possessing
a firearm.
(d) The West Virginia Attorney General shall seek to enter
into and may execute reciprocity agreements on behalf of the State
of West Virginia with states which meet the following standards and
requirements:
(1) The standards applied by the other state before issuing a
concealed handgun license or permit must be
equal to or greater
than substantially similar to the standards imposed by this
article;
(2) This state's law-enforcement officers have continuous
access to data bases on the criminal information network, twenty-
four hours per day, seven days per week, to verify the continued
validity of any license or permit to carry a concealed handgun that
has been granted by the issuing state;
(3) The other state agrees to grant the right to carry a
concealed
handgun pistol or revolver to residents of West Virginia
who have valid concealed
handgun pistol or revolver permits issued
pursuant to this article in their possession while carrying
concealed
weapons pistols or revolvers in that state; and
(4) The states agree to apprise one another of changes in
permitting standards and requirements, to provide for a prompt reexamination of whether any adopted change in licensing or
permitting standards negates the states' ability to continue with
the reciprocity agreement.
(e) The West Virginia State Police shall maintain a registry
of states with which the State of West Virginia has entered into
reciprocity agreements on the criminal information network and make
the registry available to law-enforcement officers for
investigative purposes.
(f) Every twelve months after the effective date of this
section, the West Virginia Attorney General shall make written
inquiry of the concealed handgun permitting authorities in each
other state as to: (i) Whether a West Virginia resident may carry
a concealed handgun in their state based upon having a valid West
Virginia concealed handgun permit; and (ii) whether a West Virginia
resident may carry a concealed handgun in that state based upon
having a valid West Virginia concealed handgun permit, pursuant to
the laws of that state or by the execution of a valid reciprocity
agreement between the states.
(g) The West Virginia State Police shall make available to the
public a list of states which have entered into reciprocity
agreements with the State of West Virginia.
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(NOTE: The purpose of this bill is to clarify background
licensee checks be nationwide; modify requirements for other states
to qualify for reciprocity; and remove the requirement of a social
security number.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.)