Senate Bill No. 1005
(By Senator Tomblin (Mr. President))
(By Request of the Executive)
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[Introduced May 13, 2010;
referred to the Committee on the Judiciary.]
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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; 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 is 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 the provisions of subsection
(1)
(a) of this section
shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $5,000 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 subsection is other than a natural person,
such
the person shall be fined not more than $10,000.
(b)(1) It shall be unlawful for any (c) 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 firearm or
ammunition to a person prohibited from possessing
same a firearm or
ammunition by any provision of this article
or by 18 U.S.C. §922(g)
or (n) or other applicable federal law.
_____(2) (d) Any person
violating the provisions of who violates
any of the provisions of subsection (c) 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, or shall be
$100,000, 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 the person shall be fined not more than
fifty thousand
dollars $250,000.
_____(e) 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 of not less than one year
nor more than five years, or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit and punish
anyone, aside from law-enforcement officers, from knowingly
soliciting, persuading, encouraging or enticing a firearm or
ammunition dealer or private seller to violate firearm laws.
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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