Senate Bill No. 630
(By Senator Minard)
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[Introduced February 16, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-7-4 and §61-7-6 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto two new sections, designated §61-7-4a and §61-7-6a,
all relating to providing that a photo concealed weapons
license is all that is required to carry a concealed weapon;
providing that social security numbers do not appear on a
concealed weapons license; providing that course training as
a required prerequisite to being issued a concealed weapons
license must include the use of live ammunition; including
magistrates, family law judges and mental hygiene
commissioners as persons exempt from the application process
to obtain a concealed weapons license; requiring persons
exempted from the application process to obtain a concealed
weapons license to successfully complete an approved firearm
safety course; providing for statewide uniformity of concealed
weapons licenses; and providing for reciprocity for out-of-
state handgun permits.
Be it enacted by the Legislature of West Virginia:
That §61-7-4 and §61-7-6 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto two new sections, designated §61-7-4a and §61-7-
6a, 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 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 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 as a condition for employment,
and presents satisfactory proof to the sheriff thereof, then he or
she shall be issued a license upon meeting all other conditions of
this section. Upon discontinuance of employment that requires the
concealed weapons license, if the individual issued the license is
not yet twenty-one years of age, then the individual issued the
license is no longer eligible and must return 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;
(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:
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 received by the sheriff
shall be deposited by the sheriff into a concealed weapons license
administration fund. Such 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 license administration fund are
to be expended by the sheriff to pay for the costs associated with
issuing concealed weapons 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:
Provided, That the course shall include training with
live ammunition and in no event include training with wax or rubber
bullets or the like.
(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 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) Each license shall contain the full name, s
ocial security
number photograph 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) The Superintendent of the West Virginia State Police shall
prepare uniform applications for licenses and
uniform photo
identification 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) In the event 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) In the event a license is lost or destroyed, the person to
whom the license was issued 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) 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 licenses.
(n) All licensees must carry with them a
state-issued photo
identification card with the a county issued photo identification
concealed weapons license whenever the licensee is carrying a
concealed weapon.
The county issued photo identification card
shall be uniform in all respects and shall be in compliance with
all requirements provided by this article and approved by the
Superintendent of the State Police. Any licensee who fails to have
in his or her possession a
state-issued county 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) 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.
(p) No person who is engaged in the receipt, review or in the
issuance or revocation of a concealed weapon license shall incur any civil liability as the result of the lawful performance of his
or her duties under this article.
(q) 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),
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.
§61-7-4a. Statewide uniformity.
It is the intent of the Legislature to insure statewide
uniformity in regulating the possession of a firearm or other
deadly weapon, including the carrying of a concealed deadly weapon.
No political subdivision, board or agency of the state or any
county, municipality, or any department or agency thereof, may
enact any ordinance or rule regulating the possession of a firearm
or other deadly weapon, including the carrying of a concealed
deadly weapon, except that a unit of local government may adopt an
ordinance prohibiting the possession of a firearm or deadly weapon,
including the carrying of a concealed deadly weapon, in local government buildings, their appurtenants, and parks.
§61-7-6. Exceptions as to prohibitions against carrying concealed
deadly weapons.
The licensure provisions set forth in this article do 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
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this code;
(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section five, article
five, chapter twenty-eight of this code while the employee is on
duty;
(5) Any member of the Armed Forces of the United States or the
Militia of this state while the member is on duty;
(6) Any circuit judge,
family law judge including any retired
circuit
or family law judge designated senior status by the Supreme
Court of Appeals of West Virginia,
magistrate, mental hygiene
commissioner, 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. The Governor may 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;
(8) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and
(9) Any Hatfield-McCoy regional recreation authority ranger
while the ranger is on duty.
(10) Any person exempted from applying for a concealed weapons
permit by the provisions of this section shall be required to
provide proof of the successful completion of a training course as
provided in subsection (d), section four of this article. The
Superintendent of the State Police shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code designed to insure
compliance with the requirement of this subdivision.
§61-7-6a. Reciprocity; out-of-state concealed handgun permits.
(a) A valid concealed handgun permit or license issued by
another state is valid in West Virginia if that state grants the
same right to residents of West Virginia who have valid concealed
handgun permits issued pursuant to this article in their possession
while carrying concealed weapons in that state.
(b) The Attorney General shall maintain a registry of states
that meet the requirements of this section on the West Virginia
Criminal Information Network and make the registry available to
law-enforcement officers for investigative purposes.
(c) Every twelve months after the effective date of this
section, the Attorney General shall make written inquiry of the
concealed handgun permitting authorities in each other state as to:
(1) Whether a West Virginia resident may carry a concealed handgun
in their state based upon having a valid West Virginia concealed
handgun permit; and (2) whether a West Virginia resident may apply
for a concealed handgun in that state based upon having a valid
West Virginia concealed handgun permit. The Attorney General shall attempt to secure from each state permission for West Virginia
residents who hold a valid West Virginia concealed handgun permit
to carry a concealed handgun in that state, either on the basis of
the West Virginia permit or on the basis that the West Virginia
permit is sufficient to permit issuance of a similar license or
permit by the other state.
NOTE: The purpose of this bill is to provide that only a
photo concealed weapons license is all that is required to carry a
concealed weapon while providing that social security numbers do
not appear on a concealed weapon license. The bill also provides
that course training required as a prerequisite to being issued a
concealed weapons license must include the use of live ammunition.
The bill also exempts magistrates, family law judges and mental
hygiene commissioners as persons exempt from the application
process to obtain a concealed weapons license while requiring
persons exempted from the application process to successfully
complete an approved firearm safety course. Finally, the bill
provides for statewide uniformity of concealed weapon licenses
while including a provision concerning reciprocity for
out-of-state handgun permits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§61-7-4a and §61-7-6a are new; therefore, strike-throughs and
underscoring have been omitted.