WEST virginia legislature
2020 regular session
Senate Bill 46
Senator Rucker, original sponsor
[Originating in the Committee on the Judiciary; reported on January 13, 2020]
A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-7-2 of said code, all relating to defining “pepper spray”; exempting pepper spray from definition of “deadly weapons”; providing that persons over 16 years of age may carry pepper spray for the purpose of self-defense; and providing that such persons may carry pepper spray in the State Capitol Complex.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol Complex; penalties.
(a) If any person willfully interrupts or molests the
orderly and peaceful process of any department, division, agency, or branch of
state government or of its political subdivisions, he or she is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $100, or
confined in jail not more than six months, or both fined and confined: Provided,
That any assembly in a peaceable, lawful, and orderly manner for a redress of
may not be is not a violation of this section.
(b) (1) It is unlawful for any person to bring upon the State Capitol Complex any deadly weapon as defined in §61-7-2 of this code: Provided, That a person who may lawfully possess a firearm may keep a firearm in his or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view: Provided, however, That a person may not carry upon the State Capitol Complex, a cannister of pepper spray as defined in §61-7-2 of this code that exceeds one ounce. It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork, or adornment in the State Capitol Complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair, or elevator in the State Capitol Complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided further, That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: And provided further, That this subsection does not apply to a law-enforcement officer acting in his or her official capacity.
(2) Any person who violates this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, or confined in jail not more than six months, or both fined and confined.
ARTICLE 7. DANGEROUS WEAPONS.
As used in this article, unless the context otherwise requires:
(1) “Blackjack” means a
short bludgeon consisting, at the striking end, of an encased piece of lead or
some other heavy substance and, at the handle end, a strap or springy shaft
which increases the force of impact when a person or object is struck. The term
shall include includes, but is not be
limited to, a billy, billy club, sand club, sandbag, or slapjack.
(2) “Gravity knife” means any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force and when so released is locked in place by means of a button, spring, lever, or other locking or catching device.
(3) “Knife” means an instrument, intended to be used
or readily adaptable to be used as a weapon, consisting of a sharp-edged or
sharp-pointed blade, usually made of steel, attached to a handle which is
capable of inflicting cutting, stabbing, or tearing wounds. The term “knife”
includes, but is not be limited to, any dagger, dirk, poniard, or stiletto, with a blade
over three and one-half inches in length, any switchblade knife or gravity
knife, and any other instrument capable of inflicting cutting, stabbing, or
tearing wounds. A pocket knife with a blade three and one-half inches or less
in length, a hunting or fishing knife carried for hunting, fishing, sports, or
other recreational uses, or a knife designed for use as a tool or household
implement shall is not be included within the term “knife”
as defined herein in this subsection unless such the
knife is knowingly used or intended to be used to produce serious bodily injury
(4) “Switchblade knife” means any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch, or other releasing device in its handle.
(5) “Nunchaku” means a flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope, or other nonrigid, flexible, or springy material, constructed in such a manner as to allow the rigid parts to swing freely so that one rigid part may be used as a handle and the other rigid part may be used as the striking end.
(6) “Metallic or false knuckles” means a set of finger
rings attached to a transverse piece to be worn over the front of the hand for
use as a weapon and constructed in such a manner that, when striking another
person with the fist or closed hand, considerable physical damage may be inflicted
upon the person struck. The terms “metallic or false knuckles”
includes any such instrument without reference to the metal or other
substance or substances from which the metallic or false knuckles are made.
(7) “Pistol” means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.
(8) “Revolver” means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.
(9) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use.
(9) (10) “Deadly weapon” means an instrument which
is designed to be used to produce serious bodily injury or death or is readily
adaptable to such use. The term “deadly weapon” shall include includes,
but is not be limited to, the instruments defined in subdivisions
(1) through (8), inclusive, of this section or other deadly weapons of like
kind or character which may be easily concealed on or about the person. For the
purposes of §18A-5-1a of this code and §61-7-11a of this code, in addition to
the definition of “knife” set forth in subdivision (3) of this section, the
term “deadly weapon” also includes any instrument included within the
definition of “knife” with a blade of three and one-half inches or less in
length. Additionally, for the purposes of §18A-5-1a of this code and §61-7-11a of this code, the term “deadly weapon”
includes explosive, chemical, biological, and radiological materials.
Notwithstanding any other provision of this section, the term “deadly weapon”
does not include any item or material owned by the school or county board,
intended for curricular use, and used by the student at the time of the alleged
offense solely for curricular purposes. The term “deadly weapon” does not include
pepper spray as defined in subdivision (9) of this section when used by any
person over the age of 16 solely for self-defense purposes. (10) (11)
“Concealed” means hidden from ordinary observation so as to prevent disclosure
or recognition. A deadly weapon is concealed when it is carried on or about the
person in such a manner that another person in the ordinary course of events
would not be placed on notice that the deadly weapon was being carried. For
purposes of concealed handgun licensees, a licensee shall be deemed is
considered to be carrying on or about his or her person while in or on a
motor vehicle if the firearm is located in a storage area in or on the motor
vehicle. (11) (12)
“Firearm” means any weapon which will expel a projectile by action of an
explosion. (12) (13)
“Controlled substance” has the same meaning as is ascribed to that term in subsection
(d), section one hundred one, article one, chapter sixty-a §60A-1-101(e) of this code. (13) (14)
“Drug” has the same meaning as is ascribed to that term in subsection (1),
section one hundred one, article one, chapter sixty-a §60A-1-101(m) of this code.