Senate Bill No. 716
(By Senator Sypolt)
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[Introduced February 19, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §20-2-6a of the Code of West Virginia,
1931, as amended; and to amend and reenact §61-7-2, §61-7-4,
§61-7-5, §61-7-7, §61-7-12, §61-7-14 and §61-7-15, all
relating to concealed handgun licenses and firearms generally;
requiring additional identifying information in concealed
handgun license applications; requiring background check on
applicants for concealed handgun licenses to determine an
applicant's eligibility to possess handguns under state and
federal law; requiring the expiration date for a renewal
license to be five years from the expiration date of the
current license; requiring sheriffs to accept certain methods
of payment for concealed handgun license fees; specifying form
of notice of suspension or revocation of a concealed handgun
license; specifying whether a concealed handgun license shall
be suspended or revoked; requiring courts to determine whether certain defendants are licensed to carry a concealed handgun;
requiring court to notify issuing agency upon a concealed
handgun licensee becoming disqualified from continued
licensure for certain causes; establishing procedure for
appealing the suspension or revocation of a concealed handgun
license; conforming state restrictions on firearm possession
to federal law by prohibiting the possession of firearms by
fugitives from justice and persons who have renounced United
States citizenship; increasing penalties for possession of
firearms or ammunition by prohibited persons to conform to
federal law; and conforming certain definitions to federal
law.
Be it enacted by the Legislature of West Virginia:
That §20-2-6a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §61-7-2, §61-7-4, §61-7-5, §61-
7-7, §61-7-12, §61-7-14 and §61-7-15 of said code be amended and
reenacted, all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-6a. Carrying handguns by concealed handgun licensees
permitted; exceptions.
(a) Notwithstanding any provision of this
code chapter to the
contrary, a person licensed to carry
a concealed
weapon pursuant to
the provisions of section four, article seven, chapter sixty-one of this code handguns or otherwise authorized to carry concealed
handguns without a license pursuant to federal law or the laws of
this state, who is not prohibited at the time from possessing
a
firearm pursuant to the provisions of section seven, article seven,
chapter sixty-one of this code or handguns by
any applicable
federal law
or the laws of this state, may carry,
a handgun in a
concealed manner possess or transport loaded or unloaded handguns
or handgun ammunition for self defense purposes while afield
hunting,
fishing, hiking, camping,
or in or on a motor vehicle,
all-terrain vehicle, vessel, motorboat, personal watercraft or
other means of transportation or conveyance or engaging in any
other activity regulated by this chapter.
(b)
This section shall supersede any prohibition on the
possession, carrying or transportation of handguns or handgun
ammunition contained in any other provision of this chapter.
(b) (c) The provisions of this section shall not exempt any
person
engaged in hunting or fishing from obtaining any hunting
or fishing license or stamp required by the Division of Natural
Resources.
(d) In this section, the definitions specified in subsection
(2), article seven, chapter sixty-one of this code, shall apply.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-2. Definitions.
As used in this article, unless the context otherwise
requires:
(1) "Blackjack" means a short bludgeon consisting, at the
striking end, of an encased piece of lead or some other heavy
substance and, at the handle end, a strap or springy shaft which
increases the force of impact when a person or object is struck.
The term "blackjack" shall include, but not be limited to, a billy,
billy club, sand club, sandbag or slapjack.
(2) "Gravity knife" means any knife that has a blade released
from the handle by the force of gravity or the application of
centrifugal force and when so released is locked in place by means
of a button, spring, lever or other locking or catching device.
(3) "Knife" means an instrument, intended to be used or
readily adaptable to be used as a weapon, consisting of a
sharp-edged or sharp-pointed blade, usually made of steel, attached
to a handle which is capable of inflicting cutting, stabbing or
tearing wounds. The term "knife" shall include, but not be limited
to, any dagger, dirk, poniard or stiletto, with a blade over three
and one-half inches in length, any switchblade knife or gravity
knife,
or and any other instrument capable of inflicting cutting,
stabbing or tearing wounds. A pocket knife with a blade three and
one-half inches or less in length, a hunting or fishing knife
carried for hunting, fishing, sports or other recreational uses, or
a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined herein unless such
knife is knowingly used or intended to be used to produce serious
bodily injury or death.
(4) "Switchblade knife" means any knife having a spring-
operated blade which opens automatically upon pressure being
applied to a button, catch or other releasing device in its handle.
(5) "Nunchuka" means a flailing instrument consisting of two
or more rigid parts, connected by a chain, cable, rope or other
nonrigid, flexible or springy material, constructed in such a
manner as to allow the rigid parts to swing freely so that one
rigid part may be used as a handle and the other rigid part may be
used as the striking end.
(6) "Metallic or false knuckles" means a set of finger rings
attached to a transverse piece to be worn over the front of the
hand for use as a weapon and constructed in such a manner that,
when striking another person with the fist or closed hand,
considerable physical damage may be inflicted upon the person
struck. The terms "metallic or false knuckles" shall include any
such instrument without reference to the metal or other substance
or substances from which the metallic or false knuckles are made.
(7) "Pistol" means a short firearm having a chamber which is
integral with the barrel, designed to be aimed and fired by the use
of a single hand.
(8) "Revolver" means a short firearm having a cylinder of several chambers that are brought successively into line with the
barrel to be discharged, designed to be aimed and fired by the use
of a single hand.
(9) "Deadly weapon" means an instrument which is designed to
be used to produce serious bodily injury or death or is readily
adaptable to such use. The term "deadly weapon" shall include, but
not be limited to, the instruments defined in subdivisions (1)
through (8), inclusive, of this section a firearm, antique firearm,
blackjack, nunchucka, metallic or false knuckles, knife or other
deadly weapons of like kind or character which may be easily
concealed on or about the person. For the purposes of section one-
a, article five, chapter eighteen-a of this code section one-a,
article five, chapter eighteen-a and section eleven-a, article
seven of this chapter section eleven-a, article seven, chapter
sixty-one of this code, in addition to the definition of "knife"
set forth in subdivision (3) of this section, the term "deadly
weapon" also includes any instrument included within the definition
of "knife" with a blade of three and one-half inches or less in
length. Additionally, for the purposes of section nineteen,
article six, chapter sixty-one, section one-a, article five,
chapter eighteen-a of this code section eleven-a, article seven of
this chapter and section eleven-a, article seven, chapter sixty-one
of this code, the term "deadly weapon" includes explosive,
chemical, biological and radiological materials. Notwithstanding any other provision of this section, the term "deadly weapon" does
not include any item or material owned by the school or county
board, intended for curricular use, and used by the student at the
time of the alleged offense solely for curricular purposes.
(10) "Concealed" means hidden from ordinary observation so as
to prevent disclosure or recognition. A deadly weapon is concealed
when it is carried on or about the person in such a manner that
another person in the ordinary course of events would not be placed
on notice that the deadly weapon was being carried.
(11) "Firearm" means:
(A) Any weapon (including a starter pistol) which will or is
designed to expel a projectile by action of an explosion;
(B) The frame or receiver of any such weapon; or
(C) Any firearm silencer.
Such term does not include an antique firearm unless the
antique firearm is used in the commission of a crime.
(12) "Controlled substance" has the same meaning as is
ascribed to that term in subsection (d), section one hundred one,
article one, chapter sixty-a of this code.
(13) "Drug" has the same meaning as is ascribed to that term
in subsection (1), section one hundred one, article one, chapter
sixty-a of this code.
(14) "Alien" means any person not a citizen or national of the
United States.
(15) "Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any
firearm.
(16) "Antique firearm" means:
(A) Any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
(B) Any replica of any firearm described in paragraph (A) if
such replica:
(i) Is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) Uses rimfire or conventional centerfire fixed ammunition
which is no longer manufactured in the United States and which is
not readily available in the ordinary channels of commercial trade;
or
(C) Any muzzle loading rifle, muzzle loading shotgun, or
muzzle loading pistol, which is designed to use black powder, or a
black powder substitute, and which cannot use fixed ammunition. For
purposes of this paragraph, the term "antique firearm" shall not
include any weapon which incorporates a firearm frame or receiver,
any firearm which is converted into a muzzle loading weapon, or any
muzzle loading weapon which can be readily converted to fire fixed
ammunition by replacing the barrel, bolt, breechblock, or any
combination thereof.
(17) "Body armor" means any personal protective body covering
intended to protect against gunfire, regardless of whether the
product is to be worn alone or is sold as a complement to another
product or garment.
(18) "Conviction" or "convicted," for the purposes of
determining whether a person is disqualified under this article
from shipping, transporting, possessing or receiving any deadly
weapon or obtaining a concealed handgun license, does not include
any conviction which has been expunged, or set aside or for which
a person has been pardoned or has had civil rights restored, unless
such pardon, expungement or restoration of civil rights expressly
provides that the person may not ship, transport, possess or
receive firearms. What constitutes a conviction of a crime shall be
determined in accordance with the law of the jurisdiction in which
the proceedings were held.
(19) "Crime punishable by imprisonment for a term exceeding
one year" does not include:
(A) Any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business practices;
or
(B) Any State offense classified by the laws of the State as
a misdemeanor and punishable by a term of imprisonment of two years
or less.
(20) "Disqualifying domestic violence protective order" means
a court order that:
(A) Was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) Restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to
the partner or child; and
(C)(i) Includes a finding that such person represents a
credible threat to the physical safety of such intimate partner or
child; or
(ii) By its terms explicitly prohibits the use, attempted use,
or threatened use of physical force against such intimate partner
or child that would reasonably be expected to cause bodily injury.
(21) "Family or household member" has the same meaning as in
section two hundred-four, article twenty-seven, chapter forty-eight
of this code.
(22) "Felony crime of violence" means a felony or a crime
punishable by a term of imprisonment exceeding one year (excluding
any misdemeanor) that:
(A) Has as an element the use, attempted use, or threatened
use of physical force, against the person or property of another or the presentment or use of a firearm or other deadly weapon, or
(B) By its nature, involves a substantial risk that physical
force against the person or property of another may be used in the
course of committing the offense.
(23) "Firearm silencer" means any device for silencing,
muffling, or diminishing the report of a portable firearm,
including any combination of parts, designed or redesigned, and
intended for use in assembling or fabricating a firearm silencer,
and any part intended only for use in such assembly or fabrication.
(24) "Fugitive from justice" means any person who has fled
from any State to avoid prosecution for a crime or to avoid giving
testimony in any criminal proceeding.
(25) "Handgun" means any firearm which has a short stock and
is designed to be held and fired by the use of a single hand and
includes any pistol or revolver.
(26) "Intimate partner" means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual
who is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
(27) "Law-enforcement officer" has the same meaning as in
section one, article twenty-nine, chapter thirty of this code.
(28) "Law-enforcement official" has the same meaning as in
section one, article twenty-nine, chapter thirty of this code.
(29) "Loaded," with respect to a firearm, means that the firearm:
(A) Has live, unexpended ammunition in the firing position or
a position whereby the manual operation of any mechanism would
cause live, unexpended ammunition to be fired;
(B) Has live, unexpended ammunition in a clip or magazine that
is locked in place in the firearm;
(C) Has live, unexpended ammunition in the cylinder, if the
firearm is a revolver; or
(D) Is capped or primed and has a powder charge and ball or
shot in the barrel or cylinders, if the firearm is a muzzle-loader.
A firearm is not loaded solely because a loaded clip, magazine
or speed-loader is readily accessible for immediate use or loading
of an otherwise unloaded firearm.
(30)(A) Except as otherwise provided in this subdivision,
"misdemeanor crime of domestic violence" means an offense that:
(i) Is a misdemeanor under federal or state law; and
(ii) Has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly situated to
a spouse, parent, or guardian of the victim.
(B) A person shall not be considered to have been convicted of such an offense for purposes of this article, unless:
(i) The person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
(ii) In the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either:
(I) The case was tried by a jury; or
(II) The person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.
(31) "Misdemeanor crime of violence" means any crime other
than a felony, crime punishable by imprisonment for a term
exceeding one year or a misdemeanor crime of domestic violence that
has, as an element of the offense, the use or attempted use of
physical force, or the threatened use of a deadly weapon.
(32) "Property owner" means an owner, lessee or other person
charged with the care, custody and control of real property. For
the purposes of this definition, "person" means an individual or
any entity which may acquire title to real property.
(33) "Readily accessible for immediate use" means that a
firearm, ammunition or other deadly weapon is carried on the person
or within such close proximity and in such a manner that it can be
retrieved and used as easily and quickly as if carried on the
person.
(34) "Unloaded":
(A) With respect to a firearm, means the state of a firearm
not being loaded; and
(B) With respect to a firearm employing a percussion cap,
flintlock, or other obsolete ignition system, in addition to the
circumstances described in paragraph (A) of this subdivision, the
firearm is "unloaded" when the weapon is uncapped or when the
priming charge is removed from the pin.
§61-7-4. License to carry concealed handguns; 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 handguns shall apply to the sheriff of his or her
county of residence for such license, and shall pay to the sheriff,
at the time of application, a license fee of seventy-five ninety
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, all prior legal names, date of
birth, social security number, and a description of the applicant's residence address, mailing address if different, all prior
residence addresses for the five years immediately preceding the
date of the application, daytime telephone number if available,
gender, height, weight, color of hair, color of eyes and other
physical features of the applicant as may be specified on the
uniform application form prepared by the Superintendent of the
State Police;
(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 handgun as a condition for
employment, and presents satisfactory proof to the sheriff thereof
is presented to the sheriff, then he or she the applicant shall be
issued a license upon meeting all other conditions of this section.
Upon discontinuance of employment that requires the concealed weapons handgun license, if the individual issued the license
licensee is not yet less than twenty-one years of age, then the
individual issued the license licensee is no longer eligible and
must return his or her surrender the license to the issuing
sheriff;
(4) That the applicant is not addicted to alcohol and is not
an habitual drunkard; a controlled substance or a drug and
(5) That the applicant is not an unlawful user thereof of or
addicted to any controlled substance or drug;
(5) (6) That the applicant has not been convicted of a felony,
a crime punishable by imprisonment for a term exceeding one year or
of an act of violence involving the misuse of a deadly weapon;
(6) (7) 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 crime of domestic
violence and is not the subject of a disqualifying domestic violence protective order;
(7) (8) That the applicant is not under indictment for a
felony offense or a crime punishable by imprisonment for a term
exceeding one year;
(9) That the applicant 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) (10) That the applicant is physically and mentally
competent to carry such weapon a concealed handgun;
(9) (11) That the applicant has not been adjudicated to be
mentally incompetent, adjudicated as a mentally defective or
involuntarily committed to a mental institution;
(10) (12) That the applicant has qualified under the minimum
requirements set forth in subsection (d) of this section for
handling and firing such weapon a handgun: Provided, That this
requirement shall be waived in the case of a renewal applicant who
has previously qualified;
(13) That the applicant is not a fugitive from justice;
(14) That the applicant has not been discharged from the armed
forces under dishonorable conditions;
(15) That the applicant has not, having been a United States citizen, renounced his or her citizenship;
(16) That the applicant has not been convicted of any
misdemeanor crime of violence, unless at least five years have
elapsed since completion of sentence or fulfillment of any other
conditions set by the court;
(17) That the applicant is not prohibited under federal law
from receiving firearms and is not prohibited under federal law or
the laws of this state from possessing handguns;
(11) (18) That the applicant authorizes the sheriff of the
county, or his or her designee receiving the application, the State
Police and the Federal Bureau of Investigation, to conduct an
investigation relative to the information contained in the
application;
(19) That the applicant authorizes the sheriff receiving the
application, the State Police and the Federal Bureau of
Investigation, to examine any records, including mental health
records and sealed, expunged or juvenile judicial records,
pertaining to the applicant's eligibility for a concealed handgun
license; and
(20) That the applicant waives any right or privilege to
maintain the secrecy of sealed, expunged, juvenile or mental health
records any right to conceal any fact the applicant may have the
right or privilege of concealing resulting from any law pertaining
to the confidentiality of such records, which waiver shall be limited to the background investigation for determining the
applicant's eligibility to receive a concealed handgun license.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2), (3),
(5), (6), (7), (8), and (9), (10), (11), (13, (14), (15), (16) and
(17), subsection (a) of this section are true and correct. This
investigation shall include a thorough criminal background check,
mental health records check and incompetency records check of the
applicant conducted by the sheriff, the State Police and the
Federal Bureau of Investigation, to determine whether the applicant
is qualified to receive a license. The required background checks
shall conform to the requirements of 18 U.S.C. §922(t)(3)(A) or
other applicable federal law for qualifying licenses issued under
this section as an alternative to the national instant criminal
background check system or other similar required background check
for a resident of this state to purchase a firearm through a
federally-licensed firearms dealer within this state. The criminal
background check shall include background checks conducted through
the National Crime Information Center and the Federal Bureau of
Investigation's interstate identification index. Within the lesser
of one business day or seventy-two hours after receiving the
application, the sheriff shall submit two copies of the application
to the Superintendent of the State Police. The Superintendent of
the State Police shall immediately submit one copy of the application to the Federal Bureau of Investigation for a nationwide
criminal background check, mental health records check and
incompetency records check of the applicant. The sheriff and the
Superintendent of the State Police shall each perform an
independent criminal background check, mental health records check
and incompetency records check of the applicant, based upon records
accessible by or available to the respective official.
(c) Sixty dollars of the application fee and any fees for
replacement of lost or stolen licenses All fees received by the
sheriff under this section shall be deposited by the sheriff into
a concealed weapons handgun 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 handgun
license administration fund are to be expended by the sheriff to
pay for the costs associated with issuing concealed weapons handgun
licenses, including compensating the State Police and the Federal
Bureau of Investigation for the costs of conducting the applicant
background checks prescribed in this section. By the tenth day of
each month, the sheriff shall, from this fund, deposit fifteen
dollars per license issued in the preceding month into the
Courthouse Facilities Improvement Fund created by section six,
article twenty-six, chapter twenty-nine of this code. 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 concealed handgun 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; or
(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 handgun 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 and the applicant is qualified to be licensed, 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. The sheriff shall not make a decision on issuing or
denying a license prior to the expiration of forty-five days after
the application is filed unless the sheriff has received completed
background check reports from the Federal Bureau of Investigation
and the State Police. The sheriff shall issue a license not later
than ninety days after the application is filed unless the
applicant is determined to be disqualified, regardless of whether
the sheriff has received the completed background check reports. If
the applicant is later found to be disqualified, the license may be
suspended or revoked as provided in this article.
(g) A concealed handgun license shall be valid throughout the state for five years from the date of issue, unless sooner
surrendered, suspended or revoked. A license that is renewed before
the immediately preceding license term expires, but not more than
one year before the immediately preceding license term expires,
shall expire five years from the expiration date of the preceding
license.
(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) (h) Each license shall contain the full name, date of
birth, social security number, and residence address and signature
of the licensee and a space upon which the signature of the
licensee shall be signed with pen and ink the license's issue date
and expiration date. The issuing sheriff shall sign and attach his
or her seal to all license cards licenses. 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. The license shall be the same
size as a driver's license and shall be suitable for carrying in a
wallet.
(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 in writing 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 issuing 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 handgun licenses. This registry shall be updated on a
real-time basis and shall be instantaneously accessible at all
times to criminal justice agencies and for the purpose of confirming the license status of any person who claims to hold a
valid concealed handgun license issued by this state.
(n) (m) All licensees must carry with them a state-issued
photo identification card with the concealed weapons handgun
license whenever the licensee is carrying a concealed weapon
handgun. Any licensee who fails to have in his or her possession
a state-issued photo identification card and a current concealed
weapons handgun license while carrying a concealed weapon shall be
handgun is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars or nor more than two
hundred dollars for each offense.
(o) (n) The sheriff shall deny any application or suspend or
revoke any existing license upon determination that any of the
licensing application requirements established in this section have
not been met by the applicant or have been violated by the
licensee.
(p) (o) No person who is engaged in the receipt, review or in
the issuance, suspension or revocation of a concealed weapon
license shall incur any civil liability handgun license may be
liable in a civil action as the result of the lawful performance of
his or her duties under this article.
(q) (p) 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) (12), subsection (a) of this section, if the officer applicant
meets the remainder of the requirements of this section and has the
approval of the appropriate chief law-enforcement officer official.
(q) Each sheriff shall accept, as payment for any fee required
under this section, cash, money orders, cashier's checks, certified
checks, personal checks drawn on an account open for at least
ninety days on which are printed the applicant's or licensee's name
and address or any method the sheriff may accept as payment from an
individual for taxes collected by the sheriff. Each sheriff may, in
his or her discretion, accept other methods of payment in addition
to those required by this subsection. No surcharge or discount may
be applied to any fee based on the method of payment.
§61-7-5. Suspension or revocation of license.
(a) A concealed handgun license to carry a deadly weapon shall
be deemed suspended or revoked at such time as if the person
licensed licensee becomes unable to meet the criteria for initial
licensure set forth in section four of this article. Upon suspending or revoking any license, the issuing agency shall notify
the licensee in writing within five working days after the
suspension or revocation and shall state in writing the specific
reason or reasons for the suspension or revocation. Any person
licensed under the provisions of this article concealed handgun
licensee shall immediately surrender his or her the license to the
issuing sheriff upon agency within five working days of receiving
notice of the suspension or revocation or the licensee becoming
ineligible for continued licensure. Immediately upon suspending or
revoking a concealed handgun license or receiving a voluntarily
surrendered license, the issuing agency shall notify the
Superintendent of the State Police, by electronic means, including
e-mail or facsimile transmission, that the license is no longer
valid and the superintendent shall cause the concealed handgun
license registry to be updated accordingly.
(b) A concealed handgun license shall be suspended if the
licensee has become disqualified from continued licensure by reason
of an indictment or any disqualification for which there is a
substantial probability that the disqualifying condition will
continue for less than one year. A license shall be suspended if
any fee paid under sectin four of this article is dishonored or
returned and the licensee fails to pay the fee plus any dishonored
payment fees within seven days of being served, by personal service
or certified mail, return receipt requested, notice of the dishonored payment and the requirement for paying all fees owed to
avoid a license suspension, which suspension shall continue until
the arrearage is paid in full. A license shall be revoked if the
licensee is otherwise disqualified from continued licensure.
(c) If a suspended concealed handgun license is reinstated,
the licensee shall, unless the suspension occurred solely by reason
of an indictment, be subject to the applicable fee for a duplicate
license, and the license shall be reinstated for the balance of the
licensee's term. If a concealed handgun license is revoked and the
licensee subsequently becomes eligible for licensure, the licensee
must apply for a new license as a first-time applicant.
(d) The concealed handgun license registry maintained by the
Superintendent of the State Police shall be electronically cross-
referenced with relevant criminal justice and mental health record
databases and shall automatically alert an issuing agency to a
possibility that a licensee has become disqualified from retaining
the license. When a person has been indicted for a felony or a
crime punishable by imprisonment for a term exceeding one year,
convicted of any crime disqualifying the person from continued
licensure, subjected to a disqualifying domestic violence
protective order, adjudicated as a mentally defective or mentally
incompetent or involuntarily committed to a mental institution, the
court shall determine whether the person is licensed to carry a
concealed handgun by this or any other state. If the person is licensed to carry a concealed handgun, the court shall notify each
agency that issued a license to the person, on a form prescribed by
the Superintendent of the State Police, of the identity of the
person and the nature of the crime, indictment, conduct,
adjudication or commitment that resulted in the notification. The
notification shall be transmitted by the judge within five working
days of the conviction, determination, indictment, adjudication or
commitment. Upon receiving such notification, the issuing agency
shall perform an independent investigation to determine whether the
licensee is the same person to which the potentially disqualifying
information pertains and whether the licensee has actually become
disqualified to retain the license.
(e) Any person whose concealed handgun license has been
suspended or revoked may file, in the circuit court of the county
in which the license was issued, a petition seeking review of the
suspension or revocation. Such petition shall be filed within
thirty days of the licensee receiving notice of the suspension or
revocation. The court shall then determine whether the licensee is
entitled to continued licensure. The licensee may be represented by
counsel, but in no case shall the court be required to appoint
counsel for a licensee. The final order of the court shall include
the court's findings of fact and conclusions of law. If the final
order upholds the suspension or revocation, the licensee may file
an appeal in accordance with the Rules of Appellate Procedure of the Supreme Court of Appeals.
§61-7-7. Persons prohibited from possessing firearms;
classifications; reinstatement of rights to
possess; offenses; penalties.
(a) Except as otherwise provided for in this section, no
person shall may possess a firearm as such is defined in section
two of this article who or ammunition if such person:
(1) Has been convicted in any court of a crime punishable by
imprisonment for a term exceeding one year;
(2) Is addicted to alcohol a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled
substance;
(4) Has been adjudicated as a mental defective or who has been
involuntarily committed to a mental institution;
(5) Being an alien, is illegally or unlawfully in the United
States;
(6) Has been discharged from the armed forces under
dishonorable conditions;
(7) Having been a citizen of the United States, has renounced
his or her citizenship;
(7) (8) Is subject to a disqualifying domestic violence
protective order; or that:
(A) Was issued after a hearing of which such person received
actual notice and at which such person had an opportunity to participate;
(B) Restrains such person from harassing, stalking or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would
place an intimate partner in reasonable fear of bodily injury to
the partner or child; and
(C)(i) Includes a finding that such person represents a
credible threat to the physical safety of such intimate partner or
child; or
(ii) By its terms explicitly prohibits the use, attempted use
or threatened use of physical force against such intimate partner
or child that would reasonably be expected to cause bodily injury;
or
(8) (9) Has 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 has been
convicted in any court of any jurisdiction of a comparable
misdemeanor crime of domestic violence.
Any person who violates the provisions of this subsection
shall be is guilty of a misdemeanor felony and, upon conviction
thereof, shall be fined not less than one hundred dollars nor more
than one thousand dollars or confined in the county jail imprisoned
for not less than ninety days nor more than one year nor more than
five years, fined not more than fifty thousand dollars, or both.
(b) Any person who possesses a firearm or ammunition and is
addicted to alcohol is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than ten thousand dollars,
confined in jail for not more than one year, or both.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person:
(1) Who has been convicted in this state or any other
jurisdiction of a felony crime of violence against the person of
another or of a felony sexual offense; or
(2) Who has been convicted in this state or any other
jurisdiction of a felony controlled substance offense involving a
Schedule I controlled substance other than marijuana, a Schedule II
or a Schedule III controlled substance as such are defined in
sections two hundred four, two hundred five and two hundred six,
article two, chapter sixty-a of this code and who possesses a
firearm as such is defined in section two of this article shall be
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility for not more than five years or fined not more than five thousand dollars, or both. The provisions
of subsection (c) of this section shall not apply to persons
convicted of offenses referred to in this subsection or to persons
convicted of a violation of this subsection.
(c) Any person prohibited from possessing a firearm firearms
or ammunition by the provisions of subsection (a) of this section
may petition the circuit court of the county in which he or she
resides to regain the ability to possess a firearm firearms and
ammunition and if the court finds by clear and convincing evidence
that the person is competent and capable of exercising the
responsibility concomitant with the possession of a firearm
firearms and ammunition, the court may enter an order allowing the
person to possess a firearm firearms and ammunition if such
possession of firearms or ammunition by the petitioner following
the granting of any such order would not violate any federal law.
No person who has been convicted of a felony crime of violence, a
felony sexual offense or a felony under subsection (a) of this
section shall be eligible for relief under this subsection.
§61-7-12. Wanton endangerment involving a firearm.
Any person who wantonly performs any act with a firearm which
creates a substantial risk of death or serious bodily injury to
another person shall be is guilty of a felony and, upon conviction
thereof, shall be confined in the penitentiary imprisoned for a
definite term of years of not less than one year nor more than five years, or, in the discretion of the court, confined in the county
jail for not more than one year, or fined not less than two hundred
fifty dollars nor more than two thousand five hundred dollars, or
both.
For purposes of this section, the term "firearm" shall have
the same meaning ascribed to such term as set forth in section two
of this article.
§61-7-14. Right of certain persons to limit possession of
firearms or other deadly weapons on premises.
(a) Notwithstanding the provisions of this article, and except
as otherwise provided in this section, any owner, lessee or other
person charged with the care, custody and control of real property
owner may prohibit the carrying openly or concealed of any firearm
or deadly weapon on property under his or her domain. Provided,
That for purposes of this section "person" means an individual or
any entity which may acquire title to real property.
(b) Any person carrying or possessing a firearm or other
deadly weapon on the property of another who refuses to temporarily
relinquish possession of such the firearm or other deadly weapon,
upon being lawfully requested to do so, or to leave such premises,
while in possession of such the firearm or other deadly weapon,
shall be is guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not more than one thousand dollars, or confined in
the county jail for not more than six months, or both. Provided, That the provisions of
(c) Any restriction or prohibition on possessing or carrying
any weapon under this section shall not apply to those persons set
forth in authorized to carry a concealed deadly weapon pursuant to
subsections (3) through (6) of section six of this article. section
six of this code while such persons are acting in an official
capacity: Provided, however, That 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.
§61-7-15. Persons prohibited from committing violent crime while
wearing body armor; penalties.
(a) A person who wears or is otherwise equipped with body
armor while committing a felony offense, an element of which is
force, the threat of force, physical harm to another or the use or
presentment of a firearm or other deadly weapon crime of violence,
is guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility imprisoned for not less than
two years nor more than ten years, or fined not more than ten
thousand dollars, or both.
(b) As used in this section, "body armor" means a jacket,
vest, or other similar apparel or device constructed to provide ballistic resistance to penetration and deformation and intended to
protect the human torso against gunfire. The term may include, but
is not limited to, apparel that incorporates inserts, or variations
in construction of the ballistic panel over small areas of the
torso, for the purpose of increasing the basic level of protection
of the armor (whether ballistic or blunt trauma) on localized
areas. Body armor may be constructed of Kevlar or other similar
fabric and may be reinforced with other materials. Body armor may
incorporate "threat" or "trauma" plates (which are inserts that fit
into the vest that will stop more powerful rounds) or may, as
"threat armor", incorporate hard panels.
NOTE: The purpose of this bill is to improve the concealed
handgun license background checks to prevent the licensing of
persons ineligible to possess firearms under federal law. Under 18
U.S.C. § 922(t)(3)(A), this bill would qualify individuals who are
issued a new or renewed concealed handgun license on or after the
effective date of this bill for an exemption from having to undergo
a separate background check at the time of purchasing a firearm
from a federally-licensed gun dealer.
Strike-throughs indicate language which would be eliminated;
underscoring indicates new language which would be added.
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