H. B. 2422
(By Delegates Williams, Shaver, Varner,
Butcher, D. Poling, Barker, Michael,
Staggers and Hamilton)
[Introduced February 16, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-7-2 of the Code of West Virginia,
1931, as amended, relating to what constitutes "on or about
the person" regarding possession of a deadly weapon as within
the possessor's immediate physical reach.
Be it enacted by the Legislature of West Virginia:
That §61-7-2 of the Code of West Virginia, 1931, as amended be
amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-2. Definitions.
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 "blackjack" shall include, but 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" shall include, but 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 not
be included within the term "knife" as defined herein unless such
knife is knowingly used or intended to be used to produce serious
bodily injury or death.
(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) "Nunchuka" 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" shall include 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) "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, but
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 section one-a, article five,
chapter eighteen-a of this code and section eleven-a, article seven
of this chapter, 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 section one-a, article five,
chapter eighteen-a of this code and section eleven-a, article seven
of this chapter, 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.
(10) "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.
(11) "On or about the person" means one who has a deadly
weapon anywhere sufficiently close to be convenient in access or
within immediate physical reach.
(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 of this code.
(13) (14) "Drug" has the same meaning as is ascribed to that
term in subsection (l), section one hundred one, article one,
chapter sixty-a of this code.
NOTE: The purpose of this bill is to clarify what constitutes
"on or about the person" regarding possession of a deadly weapon as
within the possessor's immediate physical reach.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.