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Introduced Version Senate Bill 178 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 178

(By Senator Sypolt)

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[Introduced January 10, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §20-2-6a of the Code of West Virginia, 1931, as amended ; and to amend and reenact §61-7-2, §61-7-4, §61-7-5, §61-7-6, §61-7-12, §61-7-14 and §61-7-15 of said code, all relating to concealed handgun licenses generally; establishing a process for issuing licenses to nonresidents; removing the Social Security number of a licensee from concealed handgun licenses; conforming requirements for Social Security numbers on concealed handgun license applications to federal law; limiting access to social security numbers of concealed handgun license applicants and licensees; requiring the inclusion of certain information on concealed handgun license applications; requiring the inclusion of the licensee's date of birth, gender, height, weight, color of hair and color of eyes on concealed handgun licenses; requiring the expiration date for a renewal license to be five years from the expiration date of the current license; specifying procedure for notifying sheriff of a change of name or address; specifying form of notice of suspension or revocation of a concealed handgun license; conforming exemptions to requirement of a license to carry a concealed weapon to the federal Law-Enforcement Officers Safety Act of 2004; and conforming certain definitions to federal law.

Be it enacted by the Legislature of West Virginia:
That §20-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-7-2, §61-7-4, §61-7-5, §61-7-6, §61-7-12, §61-7-14 and §61-7-15 of said code be amended and reenacted, all to read as follows:

CHAPTER 20. NATURAL RESOURCES.



ARTICLE 2. WILDLIFE RESOURCES.


§20-2-6a. Carrying handguns by concealed handgun licensees permitted; exceptions.



(a) Notwithstanding any provision of this code chapter to the contrary, a person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code handguns or otherwise authorized to carry concealed handguns without a license pursuant to federal law or the laws of this state, who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or handguns by any applicable federal law or the laws of this state, may carry, a handgun in a concealed manner possess or transport loaded or unloaded handguns or handgun ammunition for self defense purposes while afield hunting, fishing, hiking, camping, or in or on a motor vehicle, all-terrain vehicle, vessel, motorboat, personal watercraft or other means of transportation or conveyance, or engaging in any other activity regulated by this chapter.
(b) This section shall supersede any prohibition on the possession, carrying or transportation of handguns or handgun ammunition contained in any other provision of this chapter.
(b) (c) The provisions of this section shall not exempt any person engaged in hunting or fishing from obtaining any hunting or fishing license or stamp required by the Division of Natural Resources.
(d) In this section, the definitions specified in section two, article seven, chapter sixty-one of this code applies.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.



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 or 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 the 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 so that the rigid parts are allowed 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 a firearm, antique firearm, blackjack, nunchucka, metallic or false knuckles, knife 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 section one-a, article five, chapter eighteen and section eleven-a, article seven of this chapter section eleven-a, article seven, chapter sixty-one, 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 nineteen, article six, chapter sixty-one, section one-a, article five, chapter eighteen-a of this code section one-a, article five, chapter eighteen and section eleven-a, article seven of this chapter section eleven-a, article seven, chapter sixty-one, 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 so that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.
(11) "Firearm" means:
(A) Any weapon (including a starter pistol) which will or is designed to expel a projectile by action of an explosion;
(B) The frame or receiver of any weapon; or
(C) Any firearm silencer.
The term does not include an antique firearm unless the antique firearm is used in the commission of a crime.
(12) "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 section one hundred one, article one, chapter sixty-a.
(13) "Drug" has the same meaning as is ascribed to that term in subsection (1), section one hundred one, article one, chapter sixty-a of this code section one hundred one, article one, chapter sixty-a.
(14) "Alien" means any person not a citizen or national of the United States.
(15) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
(16) "Antique firearm" means:
(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before one thousand eight hundred ninety-eight; or
(B) Any replica of any firearm described in paragraph (A) if the replica:
(i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) Uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this paragraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
(17) "Body armor" means any personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.
(18) "Conviction" or "convicted," for the purposes of determining whether a person is disqualified under this article from shipping, transporting, possessing or receiving any deadly weapon or obtaining a concealed handgun license, does not include any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored, unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms. What constitutes a conviction of a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.
(19) "Crime punishable by imprisonment for a term exceeding one year" does not include:
(A) Any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; or
(B) Any state offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of two years or less.
(20) "Disqualifying domestic violence protective order" means a court order that:
(A) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(B) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.
(21) "Family or household member" has the same meaning as in section two hundred four, article twenty-seven, chapter forty-eight of this code.
(22) "Felony crime of violence" means a felony or a crime punishable by a term of imprisonment exceeding one year (excluding any misdemeanor) that:
(A) Has as an element the use, attempted use, or threatened use of physical force, against the person or property of another or the presentment or use of a firearm or other deadly weapon, or
(B) By its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(23) "Firearm silencer" means any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer, and any part intended only for use in the assembly or fabrication.
(24) "Fugitive from justice" means any person who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.
(25) "Handgun" means any firearm which has a short stock and is designed to be held and fired by the use of a single hand and includes any pistol or revolver.
(26) "Intimate partner" means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.
(27) "Intoxicated":
(A) Means:
(i) Not having the normal use of mental or physical faculties by reason of being under the influence of alcohol, a controlled substance, a drug, or any combination thereof; or
(ii) Having a blood alcohol concentration of eight hundredths of one percent or more, by weight; and
(B) Sections eight and nine of article five, chapter seventeen-c apply to this article mutatis mutandis for determining whether a person is intoxicated and protecting the right of a person to an independent chemical test within a timely manner.
(28) "Law-enforcement officer" has the same meaning as in section one, article twenty-nine, chapter thirty of this code.
(29) "Law-enforcement official" has the same meaning as in section one, article twenty-nine of chapter thirty.
(30) "Loaded," with respect to a firearm, means that the firearm:
(A) Has live, unexpended ammunition, is in the firing position or a position whereby the manual operation of any mechanism once would cause live, unexpended ammunition to be fired;
(B) Has live, unexpended ammunition in a clip or magazine that is locked in place in the firearm;
(C) Has live, unexpended ammunition in the cylinder, if the firearm is a revolver; or
(D) Is capped or primed and has a powder charge and ball or shot in the barrel or cylinders, if the firearm is a muzzle-loader.
A firearm is not loaded solely because a loaded clip, magazine or speed-loader is readily accessible for immediate use or loading of an otherwise unloaded firearm.
(31)(A) Except as otherwise provided in this subdivision, "misdemeanor crime of domestic violence" means an offense that:
(i) Is a misdemeanor under federal or state law; and
(ii) Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
(B) A person shall not be considered to have been convicted of an offense for purposes of this article, unless:
(i) The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(ii) In the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either:
(I) The case was tried by a jury, or
(II) The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(32) "Property owner" means an owner, lessee or other person charged with the care, custody and control of real property. For the purposes of this definition, "person" means an individual or any entity which may acquire title to real property.
(33) "Qualified law-enforcement officer":
(A)(i) Means an employee of a governmental agency who:
(I) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
(II) Is authorized by the agency to carry a firearm;
(III) Is not the subject of any disciplinary action by the agency;
(IV) Meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
(V) Is not intoxicated; and
(VI) Is not prohibited by federal law or the laws of this state from possessing or receiving a firearm; and
(ii) Includes any person as defined in 18 U.S.C. §926B(c); and
(B) The person has in his or her possession the photographic identification issued by the governmental agency for which the individual is employed as a law-enforcement officer.
(34) "Qualified retired law-enforcement officer":
(A) Means an individual who:
(i) Retired in good standing from service with a public agency as a law-enforcement officer, other than for reasons of mental instability;
(ii) Before his or her retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
(iii)(I) Before his or her retirement, was regularly employed as a law-enforcement officer for an aggregate of fifteen years or more; or
(II) Retired from service with the agency, after completing any applicable probationary period of service, due to a service-connected disability, as determined by the agency;
(iv) Has a nonforfeitable right to benefits under the retirement plan of the agency;
(v) During the most recent twelve-month period, has met, at the expense of the individual, the state's standards for training and qualification for active law-enforcement officers to carry firearms;
(vi) Is not intoxicated; and
(vii) Is not prohibited by federal law or the laws of this state from receiving or possessing a firearm; and
(B) Includes any person as defined in 18 U.S.C. §926C(c).
(35) "Readily accessible for immediate use" means that a firearm, ammunition or other deadly weapon is carried on the person or within close proximity and so that it can be retrieved and used as easily and quickly as if carried on the person.
(36) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(37) "School bus" has the same meaning as in section one, article one of chapter seventeen-a.
(38) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(39) "Unloaded":
(A) With respect to a firearm, means the state of a firearm not being loaded; and
(B) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, in addition to the circumstances described in paragraph (A) of this subdivision, the firearm is "unloaded" when the weapon is uncapped or when the priming charge is removed from the pan.

§61-7-4. License to carry concealed handguns; 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 handguns shall apply to the a sheriff of his or her county for such a concealed handgun license, and shall pay to the sheriff, at the time of application, a license fee of seventy-five ninety dollars for initial licensure or seventy-five dollars for a renewal application. 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 An applicant who is a resident of this state shall apply to the sheriff of the county in which he or she resides. An applicant who is not a resident of this state may apply to the sheriff of any county. 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 driver's license number or nondriver state photo identification number, residence address, mailing address if different, daytime telephone number if available, gender, height, weight, color of hair, color of eyes and other physical features of the applicant as may be specified on the uniform application form prepared by the Superintendent of the State Police. The application shall also solicit the applicant's social security number, whose submission by the applicant shall be optional;
(2) 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 photo identification showing such residence;
(3) That the applicant is at least 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 handgun as a condition for employment, and presents satisfactory proof to the sheriff thereof is presented to the sheriff, then he or she the applicant shall be issued a license upon meeting all other conditions of this section. Upon discontinuance of employment that requires the concealed weapons handgun license, if the individual issued the license licensee is not yet less than twenty-one years of age, then the individual issued the license licensee is no longer eligible and must return his or her surrender the license to the issuing sheriff;
(4) (3) That the applicant is not addicted to alcohol; a controlled substance or a drug and
(4) That the applicant is not an unlawful user thereof of or addicted to any controlled substance or drug;
(5) That the applicant has not been convicted of a felony, a crime punishable by imprisonment for a term exceeding one year or of an act of violence involving the misuse 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, article two of this chapter 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 crime of domestic violence and is not the subject of a disqualifying domestic violence protective order;
(7) That the applicant is not under indictment for a felony offense or a crime punishable by imprisonment for a term exceeding one year;
(8) That the applicant 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) (9) That the applicant is physically and mentally competent to carry such weapon a concealed handgun;
(9) (10) That the applicant has not been adjudicated to be mentally incompetent, adjudicated as a mentally defective or involuntarily committed to a mental institution;
(10) (11) That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing such weapon a handgun: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified;
(12) That the applicant, if the applicant is not a resident of this state:
(A) Is not a resident of a state with which a reciprocity agreement has been established pursuant to subsection five, section six-a, article seven, chapter sixty-one of this code; and
(B) Has been issued a license or permit by any other state that entitles the applicant to carry a concealed handgun in the state in which the license or permit was issued; and
(11) (13) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.
(b) The sheriff shall conduct an investigation which shall verify that the information required in subdivisions (1), (2), (3), (4), (5), (6), (7), (8), and (9), (10) and (12), 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 All fees received by the sheriff under this section shall be deposited by the sheriff into a concealed weapons handgun license administration fund. Such The 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 handgun license administration fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons handgun licenses. By the tenth day of each month, the sheriff shall, from this fund, deposit fifteen dollars per license granted in the preceding month into the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code. By the tenth day of each month, the sheriff shall, from this fund, pay to the Superintendent of the State Police fifteen dollars per license granted in the preceding month. 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 concealed handgun 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 the 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; or
(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 handgun 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 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) A concealed handgun license shall be valid throughout the state for five years from the date of issue, unless sooner surrendered, suspended or revoked. A license that is renewed before the immediately preceding license term expires, but not more than one year before the immediately preceding license term expires, shall expire five years from the expiration date of the preceding license.
(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, date of birth, social security number, and residence address, gender, height, weight, color of hair, color of eyes and signature of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink the license's issue date and expiration date. The issuing sheriff shall sign and attach his or her seal to all license cards licenses. 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. The license shall be the same size as a driver's license and shall be suitable for carrying in a wallet.
(j) (i) The Superintendent of the West Virginia State Police shall prepare uniform applications for licenses and license cards showing that such the 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. Each application or other form shall contain a conspicuous notice that the provision of a social security number on any form or application under this section is optional, that no license may be denied for failure to submit a social security number, but that submitting a social security number may expedite the required background checks of the applicant.
(k) (j) In the event If an application is denied, the specific reasons for the denial shall be stated in writing 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 The 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 If a license is lost or destroyed, the person to whom the license was issued licensee 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. Within thirty days of a change of a licensee's name or address, the licensee shall file with the sheriff of the county in which the licensee's current license was issued, a notarized statement indicating the change of name or address. Upon applying for a renewal of the license, the licensee shall apply to the sheriff of the appropriate county. Upon receipt of a notarized notice of change of name or address and payment of the duplicate or substitute license fee prescribed in this subsection, the sheriff shall issue a substitute license containing the licensee's new name or address.
(m) (l) The sheriff shall, immediately after issuing 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 handgun licenses. This registry shall be updated on a real-time basis and shall be instantaneously accessible at all times to criminal justice agencies and for the purpose of confirming the license status of any person who claims to hold a valid concealed handgun license issued by this state.
(n) (m) All licensees must carry with them a state-issued photo identification card with the concealed weapons handgun license whenever the licensee is carrying a concealed weapon handgun. Any licensee who fails to have in his or her possession a state-issued photo identification card and a current concealed weapons handgun license while carrying a concealed weapon shall be handgun is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars or 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 not been met by the applicant or 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 license shall incur any civil liability handgun license may be liable in a civil action 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) (12), subsection (a) of this section, if the officer applicant meets the remainder of the requirements of this section and has the approval of the appropriate chief law-enforcement officer official.
(q) Notwithstanding any provision of this code to the contrary, the social security number or telephone number of any applicant or licensee appearing on any application, license or other document pertaining to concealed handgun licenses, is not a public record, shall be redacted from any copy of any document made available for public inspection and may not be copied or inspected, other than after the required redaction under this subsection, by any person other than:
(1) The applicant or licensee;
(2) The duly qualified conservator or guardian of the applicant or licensee;
(3) The duly qualified executor or administrator of the estate of the applicant or licensee, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased person;
(4) An attorney, attorney-in-fact or other agent or representative acting pursuant to a written power of attorney or other written authorization signed by the applicant or licensee; or
(5) A duly authorized representative of a law-enforcement agency for any official purpose or any other agency or instrumentality of federal, state or local government seeking the record in the ordinary course of performing its official duties.
(r) Except as restricted or prohibited by the provisions of this article or as otherwise prohibited by law, the issuance of a concealed weapon 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.

§61-7-5. Revocation of license.



A concealed handgun license to carry a deadly weapon shall be deemed revoked at such time as if the person licensed licensee becomes unable to meet the criteria for initial licensure set forth in section four of this article section four, article seven, chapter sixty-one of this code. Upon suspending or revoking any license, the sheriff shall notify the licensee in writing within five working days after the suspension or revocation and shall state in writing the specific reason or reasons for the revocation. Any person licensed under the provisions of this article concealed handgun licensee shall immediately surrender his or her the license to the issuing sheriff upon within five working days of receiving notice of the revocation or the licensee becoming ineligible for continued licensure. Immediately upon revoking a concealed handgun license or receiving a voluntarily surrendered license, the sheriff shall notify the Superintendent of the State Police, by electronic means, including e-mail or facsimile transmission, that the license is no longer valid and the superintendent shall cause the concealed handgun license registry to be updated accordingly.

§61-7-6. Exceptions to requirement for license to carry concealed weapons.



(a) The licensure provisions set forth in this article do not apply to:
(1) Any person carrying a deadly weapon is not prohibited from possessing by federal law or the laws of this state upon in his or her own premises home, residence, place of business or upon any real property contiguous to his or her home, residence or place of business owned or leased by the person; nor shall anything herein prevent a
(2) Any person from carrying any firearm, unloaded firearm is not prohibited from possessing by federal law or the laws of this state from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business; nor shall anything herein prohibit a
(3) Any person from possessing carrying a firearm is not prohibited from possessing by federal law or the laws of this state while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;
(2) (4) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state or from the United States for the purpose of target practice, from while carrying any pistol, as defined in this article, unloaded firearm is not prohibited from possessing by federal law or the laws of this state from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons; or
(5) Any resident of another state who holds a valid license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;
(b) The following persons are authorized to carry any concealed deadly weapon whose possession by that person is not prohibited by federal law or the laws of this state:
(3) (1) Any law-enforcement officer or law-enforcement official; as defined in section one, article twenty-nine, chapter thirty of this code
(4) (2) Any employee of the West Virginia Division of Corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while the employee is on duty;
(5) (3) Any member of the Armed Forces of the United States or the militia of this state while the member is on duty;
(6) (4) Any circuit judge, including any retired circuit judge designated senior status by the Supreme Court of Appeals, of West Virginia prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
(7) Any resident of another state who holds a valid license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state, subject to the provisions and limitations set forth in section six-a of this article;
(8) (5) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty; and
(6) Any qualified law-enforcement officer;
(7) Any qualified retired law-enforcement officer who possesses photographic identification issued by the agency from which the individual retired from service as a law-enforcement officer; and
(9) (8) Any Hatfield-McCoy regional recreation authority ranger while the ranger is on duty.

§61-7-12. Wanton endangerment involving a firearm.



Any person who wantonly performs any act with a firearm which creates a substantial risk of death or serious bodily injury to another person shall be is guilty of a felony and, upon conviction thereof, shall be confined in the penitentiary imprisoned for a definite term of years of not less than one year nor more than five years, or, in the discretion of the court, confined in the county jail for not more than one year, or fined not less than two hundred fifty dollars nor more than two thousand five hundred dollars, or both.
For purposes of this section, the term "firearm" shall have the same meaning ascribed to such term as set forth in section two of this article.

§61-7-14. Right of certain persons to limit possession of firearms or other deadly weapons on premises.



(a) Notwithstanding the provisions of this article, and except as otherwise provided in this section, any owner, lessee or other person charged with the care, custody and control of real property owner may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under his or her domain. Provided, That for purposes of this section "person" means an individual or any entity which may acquire title to real property
(b) Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such the firearm or other deadly weapon, upon being lawfully requested to do so, or to leave such the premises, while in possession of such the firearm or other deadly weapon, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county jail for not more than six months, or both. Provided, That the provisions of
(c) Any restriction or prohibition on possessing or carrying any weapon under this section shall not apply to those persons set forth in subsections (3) through (6) authorized to carry a concealed deadly weapon pursuant to subsection (b), section six, article seven, chapter sixty-one of this code. section six of this code while such persons are acting in an official capacity: Provided, however, That under no circumstances may any person possess or carry or cause the possession or carrying of any firearm or other deadly weapon on the premises of any primary or secondary educational facility in this state unless such person is a law-enforcement officer or he or she has the express written permission of the county school superintendent

§61-7-15. Persons prohibited from committing violent crime while wearing body armor; penalties.



(a) A person who wears or is otherwise equipped with body armor while committing a felony offense, an element of which is force, the threat of force, physical harm to another or the use or presentment of a firearm or other deadly weapon crime of violence is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility imprisoned for not less than two years nor more than ten years, or fined not more than ten thousand dollars, or both.
(b) As used in this section, "body armor" means a jacket, vest, or other similar apparel or device constructed to provide ballistic resistance to penetration and deformation and intended to protect the human torso against gunfire. The term may include, but is not limited to, apparel that incorporates inserts, or variations in construction of the ballistic panel over small areas of the torso, for the purpose of increasing the basic level of protection of the armor (whether ballistic or blunt trauma) on localized areas. Body armor may be constructed of Kevlar or other similar fabric and may be reinforced with other materials. Body armor may incorporate "threat" or "trauma" plates (which are inserts that fit into the vest that will stop more powerful rounds) or may, as "threat armor", incorporate hard panels.

NOTE: The purpose of this bill is to establish a procedure for issuing concealed handgun licenses to nonresidents and protect the privacy of concealed handgun licensees' social security numbers by removing social security numbers from concealed handgun licenses.
Strike-throughs indicate language which would be eliminated; underscoring indicates new language which would be added.
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