Senate Bill No. 677
(By Senators Boley and Fanning)
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[Introduced February 15, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §20-2-58 of the Code of West Virginia,
1931, as amended, relating to modifying restrictions relating
to shooting and discharging firearms near residences, parks
and certain other public places.
Be it enacted by the Legislature of West Virginia:
That §20-2-58 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-58. Shooting across road or near building or crowd;
penalty.
(a) It
shall be is unlawful for any person to shoot or
discharge any firearms:
(1) Across or in any public road in this state, at any time;
or
(2) Within four hundred feet of any schoolhouse or church; or
(3) Within five hundred feet of any dwelling house,
unless
written consent by all residents within five hundred feet is
obtained; or
(4) On or near any park or other place where persons gather
for purposes of pleasure,
and except in an established shooting
range.
(b) Any person violating this section is guilty of a
misdemeanor.
Provided, That
(c) Any person operating a gun repair shop, licensed to do
business in the State of West Virginia and duly licensed under
applicable federal statutes, may be exempted from the prohibition
established by this section and section twelve, article seven,
chapter sixty-one of this code for the purpose of test firing a
firearm. The Director of the
Department Division of Natural
Resources shall prescribe
such rules as
may be necessary to carry
out the purposes of the exemption under this section and section
twelve, article seven, chapter sixty-one and shall ensure that any
person residing in any dwelling home within five hundred feet of
such a gun repair shop be given an opportunity to protest the
granting of
such the exemption.
NOTE: The purpose of this bill is to modify restrictions
relating to shooting and discharging firearms near residences,
parks and certain other public places. The bill would allow the
shooting and discharging firearms within five hundred feet of any
dwelling house, if written consent by all residents within five
hundred feet is obtained and on or near any park or other place
where persons gather for purposes of pleasure in an established shooting range.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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