Senate Bill No. 230
(By Senator Barnes)
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[Introduced January 16, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §61-7-4 and §61-7-5 of the Code of West
Virginia, 1931, as amended, all relating to licenses to carry
concealed pistols and revolvers; reducing license fees; and
clarifying the uniform application of rules concerning the
requirement to carry and exhibit license when carrying a
concealed pistol or revolver for both West Virginia licensees
and licensees of reciprocal states.
Be it enacted by the Legislature of West Virginia:
That §61-7-4 and §61-7-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; 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 pistol and revolver 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 fee of
seventy-five fifty dollars.
of which fifteen dollars of that amount shall be deposited in the
courthouse facilities improvement fund created by section six,
article twenty-six, chapter twenty-nine of this code. Concealed
weapons permits may only be issued for pistols or revolvers 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) That, on the date the application is made, the applicant
is a bona fide 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) That the applicant is twenty-one years of age or older:
Provided, That any individual who is less than twenty-one years of
age and possesses a properly issued concealed weapons license as of
the effective date of this article shall be licensed to maintain
his or her concealed weapons license notwithstanding the provisions
of this section requiring new applicants to be at least twenty-one
years of age Provided, however, That upon a showing of any
applicant who is eighteen years of age or older that he or she is
required to carry a concealed
weapon pistol or revolver as a
condition for employment, and
presents satisfactory proof
to the
sheriff thereof
is presented to the sheriff, then he or she shall
be issued a license upon meeting all other conditions of this section:
Provided, however, That upon discontinuance of employment
that requires the concealed
weapons pistol and revolvers license,
if the
individual issued the license licensee is
not yet less than
twenty-one years of age, then the individual issued the license is
no longer eligible and must
return surrender his or her license to
the issuing sheriff;
(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug and is not an unlawful user thereof;
(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of a deadly weapon;
(6) That the applicant has not been convicted of a
misdemeanor offense of assault or battery either under the
provisions of section twenty-eight, article two of this chapter or
the provisions of subsection (b) or (c), section nine, article two
of this chapter in which the victim was a current or former spouse,
current or former sexual or intimate partner, person with whom the
defendant has a child in common, person with whom the defendant
cohabits or has cohabited, a parent or guardian, the defendant's
child or ward or a member of the defendant's household at the time
of the offense; or a misdemeanor offense with similar essential
elements in a jurisdiction other than this state;
(7) That the applicant is not under indictment for a felony
offense or is not currently serving a sentence of confinement,
parole, probation or other court-ordered supervision imposed by a
court of any jurisdiction or is the subject of an emergency or
temporary domestic violence protective order or is the subject of a final domestic violence protective order entered by a court of
any jurisdiction;
(8) That the applicant is physically and mentally competent to
carry
such weapon concealed pistol or revolver;
(9) That the applicant has not been adjudicated to be mentally
incompetent;
(10) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing
such weapon a pistol or revolver: Provided,
That this requirement shall be waived in the case of a renewal
applicant who has previously qualified;
(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), (8) and (9), subsection (a) of this section are true and
correct.
(c)
Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses Twenty percent of the
application fee shall be forwarded by the sheriff to the
Superintendent of the State Police not later than the tenth day of
the month following the month in which the sheriff collected the
fee. The remaining eighty percent of each application fee and the
whole amount of all other fees received by the sheriff
under this
section shall be deposited by the sheriff into a concealed
weapons pistol and revolvers license administration fund.
Such The
concealed pistol and revolvers license administration 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 pistol and
revolvers license administration fund are to be expended by the
sheriff to pay for the costs associated with issuing concealed
weapons pistol and revolvers 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 sheriff's
office, as the sheriff may consider appropriate.
(d) All persons applying for a license must complete a
training course in handling and firing a handgun. The successful
completion of any of the following courses 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.
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.
(e) All concealed weapons 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 forty-five days after the
application is filed if all required background checks authorized
by this section are completed.
(g)
Before any approved license shall be issued or become
effective, the applicant shall pay to the sheriff a fee in the
amount of fifteen dollars which the sheriff shall forward to the
superintendent of the West Virginia State Police within thirty days
of receipt. Any such license All licenses issued under this
section shall be valid for five years throughout the state, unless sooner revoked.
(h) All persons holding a current and valid concealed weapons
license as of the sixteenth day of December, one thousand nine
hundred ninety-five, shall continue to hold a valid concealed
weapons license until his or her license expires or is revoked as
provided 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 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) (h) 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. The sheriff shall provide to each new licensee a
duplicate license card, in size similar to other state
identification cards and licenses, suitable for carrying in a
wallet, and such license card is deemed a license for the purposes
of this section.
(j) (i) 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) (j) In the event If 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) (k) In the event If a license is lost or destroyed, the
person to whom the license was issued licensee may obtain a
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.
(m) (l) 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 pistol and revolvers licenses.
(n) All licensees must carry with them a state-issued photo
identification card with the concealed weapons license whenever the
licensee is carrying a concealed weapon. Any licensee who fails to
have in his or her possession a state-issued photo identification
card and a current concealed weapons license while carrying a
concealed weapon 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) (m) 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.
The sheriff shall revoke any license
issued under this section if the licensee becomes unable to meet
the criteria for initial licensure specified in this section. Any
licensee under this section who becomes ineligible for continued
licensure shall immediately surrender the license to the issuing
sheriff.
(p) (n) No person who is engaged in the receipt, review or in
the issuance or revocation of a concealed
weapon pistol and
revolvers license shall incur any civil liability as the result of
the lawful performance of his or her duties under this article.
(q) (o) 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 of this code; article fourteen,
chapter eight of this code; article two, chapter fifteen of this
code; and article seven, chapter twenty of this code, an honorably
retired officer is exempt from payment of fees and costs as
otherwise required by this section, and the application of the
honorably retired officer shall be granted without proof or inquiry
by the sheriff as to those requirements set forth in subdivision
(9) (10), subsection (a) of this section, if the officer meets the
remainder of the requirements of this section and has the approval
of the appropriate chief law-enforcement officer.
(r) (p) Except as restricted or prohibited by the provisions
of this article or as otherwise prohibited by law, the issuance of
a concealed
weapon permit pistol and revolvers license issued in
accordance with the provisions of this section shall authorize the
holder of the permit licensee to carry
a one or more concealed
pistol or revolver pistols, revolvers or any combination thereof
anywhere on the lands or waters of this state.
A license issued
under this section does not authorize the licensee to carry any
other type of class of concealed deadly weapon.
§61-7-5. Licensees to carry license and identification while
carrying concealed pistols or revolvers.
A license to carry a deadly weapon 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.
(a) A person licensed to carry concealed pistols and revolvers
under section four of this article or authorized to carry concealed
pistols or revolvers in this state pursuant to a license or permit
issued by another state that is recognized in this state pursuant
to section six of this article shall, whenever the person is
carrying a concealed pistol or revolver:
(1) Carry his or her license or permit on or about his or her
person or in a place from which the person may retrieve it within
a reasonable amount of time;
(2) If the license or permit does not contain the person's
photograph or does not contain the person's current residence
address, the person must carry a driver's license or a photo
identification issued by that person's state of residence or the
United States that contains the person's photograph and current
residence address, on or about his or her person or in a place from
which the person may retrieve it within a reasonable amount of
time; and
(3) Whenever the person is required to make a disclosure of
carrying a concealed pistol or revolver to a law-enforcement
officer pursuant to subsection (b) of this section, the person
shall, upon request of the law-enforcement officer, produce the
documents the licensee is required to carry pursuant to this
subsection for inspection by the law-enforcement officer.
(b) Whenever a person subject to the provisions of subsection
(a) of this section is carrying a concealed pistol or revolver, is
approached or addressed in an official manner by a law-enforcement
officer and the law-enforcement officer asks the person whether the
person is armed or otherwise poses to the person a question as to
whether the person is carrying any type of deadly weapon, the
person shall disclose to the law-enforcement officer that the
person is carrying a concealed pistol or revolver and is licensed
or otherwise authorized by law to lawfully do so.
(c) Any person who violates any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars or more than two hundred dollars
for each offense. A violation of this section does not authorize
the forfeiture of any pistol or revolver that was in the otherwise
lawful possession of the person carrying the same.
NOTE: The purpose of this bill is to reduce concealed handgun
license fees from seventy-five to fifty dollars and clarifying the
uniform application of rules concerning the requirement to carry
and exhibit license when carrying a concealed pistol or revolver
for both West Virginia licensees and licensees of reciprocal
states.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.