H. B. 2088


(By Delegates Amores, Hutchins, Linch, Manuel, Faircloth and

Smirl )


[Introduced February 13, 1997; referred to the Committee on the Judiciary.]




A BILL to amend and reenact sections four and five, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to licensing requirements for carrying concealed handguns; changing the designation of the license; expanding the information that a sheriff is to collect on a concealed handguns application; modifying license issuance requirements; creating training requirements; requiring that all licensees be United States citizens; creating a special revenue account for the state police; prohibiting persons charged with a felony or convicted of domestic violence from receiving a license; allowing sheriffs to reduce licenses; allowing reissue of licenses in certain circumstances; and exempting sheriffs from certain licensing requirements.

Be it enacted by the Legislature of West Virginia:
That sections four and five, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly handgun; 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 handgun 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 application fee of sixty dollars. 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) The applicant's address, telephone number and other identifying information sufficient to allow the sheriff to notify the applicant regarding the status of his or her application and license.
(2)(3) That, on the date the application is made, the applicant is a bona fide citizen of the United States, 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)(4) That the applicant is eighteen years of age or older;
(4)(5) That the applicant is not addicted to alcohol, a controlled substance or a drug, and is not an unlawful user thereof;
(5)(6)That the applicant has not been convicted of a felony or of an act of violence involving the misuse of a deadly weapon, or has a criminal charge pending;
(6)(7)That the applicant has no criminal charges pending not ever been convicted of, and or is not currently serving a sentence of confinement, parole, probation or other court ordered supervision, because of a charge of domestic violence as provided for in section twenty-eight, article two of this chapter, or is the subject of a restraining order as a result of a domestic violence act as defined in that section, or because of a verified petition of domestic violence as provided for in article two-a, chapter forty-eight of this code or is subject to a protective order as provided for in that article;
 (7) (8)That the applicant is physically and mentally competent to carry such weapon handgun;
(8)(9)That the applicant has not been adjudicated to be mentally incompetent;
(9)(10)That the applicant has qualified under the minimum requirements set forth in subsection (d) of this section for handling and firing such weapon handgun: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified.
(10) (11)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), (5), (6),(7) (8),(10) and (9) (11) of subsection (a) are true and correct.
(c) The sixty dollar 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 weapon handgun 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 handgun license administration fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons handgun 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 sheriffs office, as the sheriff may deem appropriate.
(d) All persons applying for a license must complete a training course in handling and firing a handgun. This course shall consist of training in the fundamentals of safety, handling and firing a handgun. The course must require a written test and a shooting test. The chief instructor of the course shall retain the original written test and shooting test target of the trainee. The chief instructor shall make all training records available for inspection to a representative of the certifying authority, upon seven days advanced written request by the certifying authority. The chief instructor shall allow the certifying authority to attend and observe any training class. The successful completion of any of the following courses, which meets these minimum requirements, 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. Proof of training is established by military discharge documents or other official record which states that the applicant has received handgun or sidearms weapons training.
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. The orginial certificate and a copy of the orginial certificate must be presented to the sheriff at the time of application. The sheriff will retain the copy and return the orginial certificate to the applicant.
(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.
(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 thirty days after the application is filed if all required background checks authorized by this section are completed, and no later than forty-five days regardless of whether these background checks have been completed.
(g) Before any approved license shall be issued or become effective, the applicant shall pay to the sheriff a registration fee in the amount of fifteen dollars which the sheriff shall forward to the superintendent of the West Virginia state police, along with a certified copy of the application, within thirty days of receipt. Any such license shall be valid for five years throughout the state, unless sooner revoked. The application fee shall be deposited in a special account in the state treasury to be known as the "handgun permit registration fund." Expenditures from the fund shall be expended to defray the costs of the registration of permits issued under this section. Expenditures from the fund shall be made from collections and in accordance with the provisions of article three, chapter twelve of this code, and upon fulfillment of the provisions of article two, chapter five-a of this code.
(h) All persons holding a current and valid concealed weapons handgun license as of the sixteenth day of December, one thousand nine hundred ninety-six, shall continue to hold a valid concealed weapons handgun license until his or her license expires or is revoked as provided for 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 handgun 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) Any licensee who applies for a renewal of an existing concealed handgun license shall submit a notarized application and all required license fees to the sheriff. The sheriff shall conduct a new background check and issue a new license if all licensing requirements are met. Any licensee who applies for renewal of an expired license must apply for a license and meet all application and qualification requirements for a new licensee.
(i)(j) Each license shall contain the full name, social security number 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.
(j)(k) 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)(l) 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)(m) In the event a license is lost or destroyed or the licensee changes his or her address within the county of issuance, the person to whom the license was issued may obtain a new 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, or that the applicant has changed his or her address.
(m)(n) 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 handgun licenses.
(n)(o) 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 handgun shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty or more than two hundred dollars for each offense.
(o)(p) 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.
(q) The sheriff may reduce the license to wallet size and laminate it for a $1.00 additional charge. This reduced license shall be sufficient to show proof of license as required in subsection (o) of this section. The lamination of the reduced license shall be done in a fashion as to not destroy or prevent visual identification of the sheriffs seal which shall be affixed to each reduced card as provided in subsection (j) of this section.
(p)(r) No person who is engaged in the receipt, review, or in the issuance or revocation of a concealed weapon handgun license shall incur any civil liability as the result of the lawful performance of his or her duties under this article.
(q)(s) 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; article fourteen, chapter eight; article two, chapter fifteen; and article seven, chapter twenty of this code, an any honorably retired officer and any former West Virginia county sheriff is exempt from payment of fees and costs as otherwise required by this section, and the application of the honorably retired officer or sheriff shall be granted without proof or inquiry by the sheriff as to those requirements set forth in subdivision (9) of subsection (b)(a) of this section, if the officer or sheriff meets the remainder of the requirements of this section and has the approval of the appropriate chief law- enforcement officer.
§61-7-5. Revocation of license.
A license to carry a deadly weapon concealed handgun shall be deemed revoked at such time as the person licensed becomes unable to meet the criteria for initial licensure set forth in section four of this article. Any person licensed under the provisions of this article shall immediately surrender his or her license to the issuing sheriff upon becoming ineligible for continued licensure.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.