COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 1005
(By Senator Tomblin (Mr. President),
By Request of the Executive)
____________
[Originating in the Committee on the Judiciary;
reported May 13, 2010.]
____________
A BILL to amend and reenact §61-7-10 of the Code of West Virginia,
1931, as amended, relating to the unlawful transfer of
firearms or ammunition to prohibited persons; increasing fines
and penalties for certain offenses; creating felony offenses
relating to the transfer of firearms or ammunition under
certain circumstances; prohibiting persons other than law-
enforcement officers acting in their official capacity from
soliciting others to violate state and federal firearms laws;
distinguishing between firearms and other deadly weapons for
criminal offense purposes; and modifying and establishing
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §61-7-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS
§61-7-10. Display of deadly weapons for sale or hire; sale to
prohibited persons; penalties.
(a)
(1) It shall be unlawful for any A person
to may not publicly display and offer for rent or sale, or, where the person
is other than a natural person,
to knowingly permit an employee
thereof to publicly display and offer for rent or sale, to any
passersby on any street, road or alley, any deadly weapon, machine
gun, submachine gun or other fully automatic weapon, any rifle,
shotgun or ammunition for same.
(2) (b) Any person
violating who violates the provisions of
this subsection
s (a) or (c) of this section shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than five thousand dollars or shall be confined in the county jail
for not more than one year, or both fined and confined, except that
where the person violating the provisions of
this said subsection
s
is other than a natural person, such person shall be fined not more
than ten thousand dollars.
(b) (1) (c) It shall be unlawful for any A person
to may not
knowingly sell, rent, give or lend, or, where the person is other
than a natural person,
to knowingly permit an employee thereof to
knowingly sell, rent, give or lend, any deadly weapon
other than a
firearm to a person prohibited from possessing
same a deadly weapon
other than a firearm by any provision of this article.
(d) a person may not knowingly sell, rent, give or lend, or
where the person is other than a natural person, knowingly permit
an employee thereof to knowingly sell, rent give or lend a firearm
or ammunition to a person prohibited by any provision of this
article or the provisions of 18 U. S. C. §922.
__(2) (e) Any person
violating the provisions of who violates
any of the provisions of subsection (d) of this
subsection shall be
section is guilty of a felony, and, upon conviction thereof, shall be fined not more than
twenty-five thousand dollars $100,000 or
shall be imprisoned
in the penitentiary of this state in a state
correctional facility for a definite term of years of not less than
three years nor more than ten years, or both fined and imprisoned,
except that where the person
violating the provisions of committing
an offense punishable under this subsection is other than a natural
person, such person shall be fined not more than
fifty thousand
dollars $250,000.
(f) Any person who knowingly solicits, persuades, encourages
or entices a licensed dealer or private seller of firearms or
ammunition to transfer a firearm or ammunition under circumstances
which the person knows would violate the laws of this state or the
United States is guilty of a felony. Any person who willfully
procures another to engage in conduct prohibited by this subsection
shall be punished as a principal. This subsection does not apply
to a law-enforcement officer acting in his or her official
capacity. Any person who violates the provisions of this
subsection is guilty of a felony, and upon conviction thereof,
shall be fined not more than $5,000, imprisoned in a state
correctional facility for a definite term or not less than one year
nor more than five years, or both fined and imprisoned.