COM SUB 1 LINE
Senate Bill No. 621
(By Senators Unger, Green, K. Facemyer, Kessler, Oliverio,
Bowman, Edgell, Guills and Plymale)
[Originating in the Committee on the Judiciary;
reported March 27, 2009.]
A BILL to amend and reenact §61-7-14 of the Code of West Virginia,
1931, as amended, relating to only allowing a private owner,
lessee or other person charged with the care, custody and
control of real property to prohibit the carrying, openly or
concealed, of any firearm or deadly weapon on private property
under his or her domain; clarifying that municipal and county
governments are not entities for purposes of this section.
Be it enacted by the Legislature of West Virginia:
That §61-7-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-14. Right of certain persons to limit possession of
firearms on premises.
Notwithstanding the provisions of this article, any owner,
lessee or other person charged with the care, custody and control
of real property may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under his or her domain.
For purposes of this section, "person" means an
individual or any entity
may acquire title to real
Any person carrying or possessing a firearm or other deadly
weapon on the property of another who refuses to temporarily
relinquish possession of such firearm or other deadly weapon, upon
being requested to do so, or to leave such premises, while in
possession of such firearm or other deadly weapon, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
more than $1,000 or confined in
jail not more than six
months, or both:
Provided, That the provisions of
shall not apply to those persons set forth in
(3) through (6) inclusive, section six of this article
while such persons are acting in an official capacity.
however, That However, 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. Provided, That no county or
municipal government may be considered an entity for purposes of
the applicability of this section.