H. B. 4635


(By Delegates Overington, Louisos, Leggett,

Border, Calvert, Modesitt and Evans)

[Introduced February 23, 2000; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend and reenact section six, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding thereto the further exception to the prohibition against carrying concealed deadly weapons of recognizing and honoring those licenses issued to residents of other states or political subdivisions who have, as a minimum, met in his or her state of residence those licensing qualifications required in this state.

Be it enacted by the Legislature of West Virginia:
That section six, 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.

§61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.
The licensure provisions set forth in this article shall not apply to:
(1) Any person carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, 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 person from possessing a firearm 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) 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 carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice, and from any such place of target practice back to his or her home, residence or place of business, for using any such weapon at such place of target practice in training and improving his skill in the use of such the weapons;
(3) Any law-enforcement officer or law-enforcement official as such are defined in section one, article twenty-nine, chapter thirty of this code;
(4) Any employee of the West Virginia department of corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while such the employee is on duty;
(5) Any member of the armed forces of the United States or the militia of this state while such the member is on duty;
(6) 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 has been issued a license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state, shall be exempt from the licensing requirements of section four of this article. The governor may shall execute reciprocity agreements on behalf of the state of West Virginia with states or political subdivisions which have similar gun permitting laws and which recognize and honor West Virginia licenses issued pursuant to section four of this article; and
(8) Any resident of another state who has been issued a license to carry a concealed dangerous weapon by a state or a political subdivision the minimum requirements for the issuance of which are no less than those requirements for the issuance and maintenance of a license to carry a concealed deadly weapon under this code.


NOTE: The purpose of this bill is to recognize and honor in this state those licenses to carry concealed weapons issued by other states or political subdivisions where the requirements for licensure of that state are the same or more extensive than those of this state.

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