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Introduced Version House Bill 4325 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4325


(By Delegate D. Walker)

[Introduced February 3, 2010; referred to the

Committee on Natural Resources then the Judiciary.]





A BILL to repeal §20-2-19a of the Code of West Virginia, 1931, as amended; to repeal §61-7-3, §61-7-5, §61-7-6 and §61-7-6a of said code; to repeal §61-7A-1 and §61-7A-5 of said code; to amend and reenact §8-12-5 and §8-12-5a of said code; to amend and reenact §20-1-2 of said code; to amend and reenact §20-2- 5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-2-42p and §20-2-46e of said code; to amend and reenact §20-7-9 and §20-7-11 of said code; to amend said code by adding thereto a new section, designated §27-5-6; to amend and reenact §44A-2-6 of said code; and to amend and reenact §61-7-2, §61-7-4, §61- 7-7 and §61-7-14 of said code, all relating to the regulation of firearms and other deadly weapons; repealing authority of municipalities to prohibit the carrying of certain weapons; clarifying that hunting statutes generally do not prohibit the otherwise lawful carrying of handguns for self-defense purposes; exempting persons who are licensed or otherwise authorized to lawfully carry concealed weapons from certain limitations on how firearms may be carried or transported; providing additional lawful means for the transportation of regulated firearms in or on vehicles and vessels; consolidating and clarifying certain penalty provisions; requiring inclusion of notice of potential firearm disability in notices of guardianship hearings; repealing requirement of license to carry a concealed weapon; modifying eligibility criteria for license to carry concealed weapons and scope of license; conforming classes of persons prohibited from possessing firearms to federal law; prohibiting certain individuals from carrying concealed weapons; increasing penalty for possession of firearms and carrying concealed weapons by prohibited persons; providing additional procedures for relief from disabilities; and defining terms.

Be it enacted by the Legislature of West Virginia:

That §20-2-19a of the Code of West Virginia, 1931, as amended, be repealed; that §61-7-3, §61-7-5, §61-7-6 and §61-7-6a of said code be repealed; that §61-7A-1 and §61-7A-5 of said code be repealed; that §8-12-5 and §8-12-5a of said code be amended and reenacted; that §20-1-2 of said code be amended and reenacted; that §20-2-5, §20-2-5c, §20-2-6, §20-2-6a, §20-2-37, §20-2-42l, §20-2- 42p and §20-2-46e of said code be amended and reenacted; that §20- 7-9 and §20-7-11 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §27-5-6; that §44A-2-6 of said code be amended and reenacted; and that §61-7-2, §61-7-4, §61-7-7 and §61-7-14 of said code be amended and reenacted, all to read as follows:

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-5. General powers of every municipality and the governing body thereof.
In addition to the powers and authority granted by: (i) The Constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon:
(1) To lay off, establish, construct, open, alter, curb, recurb, pave or repave and keep in good repair, or vacate, discontinue and close, streets, avenues, roads, alleys, ways, sidewalks, drains and gutters, for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them which have not been authorized pursuant to the succeeding provisions of this subdivision; and, subject to such terms and conditions as the governing body shall prescribe, to permit, without in any way limiting the power and authority granted by the provisions of article sixteen of this chapter, any person to construct and maintain a passageway, building or other structure overhanging or crossing the airspace above a public street, avenue, road, alley, way, sidewalk or crosswalk, but before any permission for any person to construct and maintain a passageway, building or other structure overhanging or crossing any airspace is granted, a public hearing thereon shall be held by the governing body after publication of a notice of the date, time, place and purpose of the public hearing has been published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the municipality: Provided, That any permit so granted shall automatically cease and terminate in the event of abandonment and nonuse thereof for the purposes intended for a period of ninety days, and all rights therein or thereto shall revert to the municipality for its use and benefit;
(2) To provide for the opening and excavation of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality and regulate the conditions under which any such opening may be made;
(3) To prevent by proper penalties the throwing, depositing or permitting to remain on any street, avenue, road, alley, way, sidewalk, square or other public place any glass, scrap iron, nails, tacks, wire, other litter or any offensive matter or anything likely to injure the feet of individuals or animals or the tires of vehicles;
(4) To regulate the use of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality, including the naming or renaming thereof, and to consult with local postal authorities, the Division of Highways and the directors of county emergency communications centers to assure uniform, nonduplicative addressing on a permanent basis;
(5) To regulate the width of streets, avenues and roads, and, subject to the provisions of article eighteen of this chapter, to order the sidewalks, footways and crosswalks to be paved, repaved, curbed or recurbed and kept in good order, free and clean, by the owners or occupants thereof or of the real property next adjacent thereto;
(6) To establish, construct, alter, operate and maintain, or discontinue, bridges, tunnels and ferries and approaches thereto;
(7) To provide for the construction and maintenance of water
drains, the drainage of swamps or marshlands and drainage systems;
(8) To provide for the construction, maintenance and covering over of watercourses;
(9) To control and administer the waterfront and waterways of the municipality and to acquire, establish, construct, operate and maintain and regulate flood control works, wharves and public landings, warehouses and all adjuncts and facilities for navigation and commerce and the utilization of the waterfront and waterways and adjacent property;
(10) To prohibit the accumulation and require the disposal of garbage, refuse, debris, wastes, ashes, trash and other similar accumulations whether on private or public property: Provided, That, in the event the municipality annexes an area which has been receiving solid waste collection services from a certificated solid waste motor carrier, the municipality and the solid waste motor carrier may negotiate an agreement for continuation of the private solid waste motor carrier services for a period of time, not to exceed three years, during which time the certificated solid waste motor carrier may continue to provide exclusive solid waste collection services in the annexed territory;
(11) To construct, establish, acquire, equip, maintain and operate incinerator plants and equipment and all other facilities for the efficient removal and destruction of garbage, refuse, wastes, ashes, trash and other similar matters;
(12) To regulate or prohibit the purchase or sale of articles intended for human use or consumption which are unfit for use or consumption, or which may be contaminated or otherwise unsanitary;
(13) To prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome;
(14) To regulate the keeping of gunpowder and other combustibles;
(15)
To prohibit the otherwise lawful ownership, possession, control or storage of gunpowder or ammunition for firearms by directly or indirectly regulating the keeping of gunpowder and other combustibles is prohibited;
(15) (16) To make regulations guarding against danger or damage by fire;
(16) To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or other deadly weapon of like kind or character;
(17) To arrest, convict and punish any person for importing, printing, publishing, selling or distributing any pornographic publications;
(18) To arrest, convict and punish any person for keeping a house of ill fame, or for letting to another person any house or other building for the purpose of being used or kept as a house of ill fame, or for knowingly permitting any house owned by him or her or under his or her control to be kept or used as a house of ill fame, or for loafing, boarding or loitering in a house of ill fame, or frequenting same;
(19) To prevent and suppress conduct and practices which are immoral, disorderly, lewd, obscene and indecent;
(20) To prevent the illegal sale of intoxicating liquors, drinks, mixtures and preparations;
(21) To arrest, convict and punish any individual for driving or operating a motor vehicle while intoxicated or under the influence of liquor, drugs or narcotics;
(22) To arrest, convict and punish any person for gambling or keeping any gaming tables, commonly called "A, B, C," or "E, O," table or faro bank or keno table, or table of like kind, under any denomination, whether the gaming table be played with cards, dice or otherwise, or any person who shall be a partner or concerned in interest, in keeping or exhibiting the table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value;
(23) To provide for the elimination of hazards to public health and safety and to abate or cause to be abated anything which in the opinion of a majority of the governing body is a public nuisance;
(24) To license, or for good cause to refuse to license in a particular case, or in its discretion to prohibit in all cases, the operation of pool and billiard rooms and the maintaining for hire of pool and billiard tables notwithstanding the general law as to state licenses for any such business and the provisions of section four, article thirteen of this chapter; and when the municipality, in the exercise of its discretion, refuses to grant a license to operate a pool or billiard room, mandamus may not lie to compel the municipality to grant the license unless it shall clearly appear that the refusal of the municipality to grant a license is discriminatory or arbitrary; and in the event that the municipality determines to license any business, the municipality has plenary power and authority and it shall be the duty of its governing body to make and enforce reasonable ordinances regulating the licensing and operation of the businesses;
(25) To protect places of divine worship and to preserve peace and order in and about the premises where held;
(26) To regulate or prohibit the keeping of animals or fowls and to provide for the impounding, sale or destruction of animals or fowls kept contrary to law or found running at large;
(27) To arrest, convict and punish any person for cruelly, unnecessarily or needlessly beating, torturing, mutilating, killing, or overloading or overdriving or willfully depriving of necessary sustenance any domestic animal;
(28) To provide for the regular building of houses or other structures, for the making of division fences by the owners of adjacent premises and for the drainage of lots by proper drains and ditches;
(29) To provide for the protection and conservation of shade or ornamental trees, whether on public or private property, and for the removal of trees or limbs of trees in a dangerous condition;
(30) To prohibit with or without zoning the location of occupied house trailers or mobile homes in certain residential areas;
(31) To regulate the location and placing of signs, billboards, posters and similar advertising;
(32) To erect, establish, construct, acquire, improve, maintain and operate a gas system, a waterworks system, an electric system or sewer system and sewage treatment and disposal system, or any combination of the foregoing (subject to all of the pertinent provisions of articles nineteen and twenty of this chapter and particularly to the limitations or qualifications on the right of eminent domain set forth in articles nineteen and twenty of this chapter), within or without the corporate limits of the municipality, except that the municipality may not erect any system partly without the corporate limits of the municipality to serve persons already obtaining service from an existing system of the character proposed and where the system is by the municipality erected, or has heretofore been so erected, partly within and partly without the corporate limits of the municipality, the municipality has the right to lay and collect charges for service rendered to those served within and those served without the corporate limits of the municipality and to prevent injury to the system or the pollution of the water thereof and its maintenance in a healthful condition for public use within the corporate limits of the municipality;
(33) To acquire watersheds, water and riparian rights, plant sites, rights-of-way and any and all other property and appurtenances necessary, appropriate, useful, convenient or incidental to any system, waterworks or sewage treatment and disposal works, as aforesaid, subject to all of the pertinent provisions of articles nineteen and twenty of this chapter;
(34) To establish, construct, acquire, maintain and operate and regulate markets and prescribe the time of holding the same;
(35) To regulate and provide for the weighing of articles sold or for sale;
(36) To establish, construct, acquire, maintain and operate public buildings, municipal buildings or city halls, Auditoriums, arenas, jails, juvenile detention centers or homes, motor vehicle parking lots or any other public works;
(37) To establish, construct, acquire, provide, equip, maintain and operate recreational parks, playgrounds and other recreational facilities for public use and in this connection also to proceed in accordance with the provisions of article two, chapter ten of this code;
(38) To establish, construct, acquire, maintain and operate a public library or museum or both for public use;
(39) To provide for the appointment and financial support of a library board in accordance with the provisions of article one, chapter ten of this code;
(40) To establish and maintain a public health unit in accordance with the provisions of section two, article two, chapter sixteen of this code, which unit shall exercise its powers and perform its duties subject to the supervision and control of the West Virginia Board of Health and State Bureau for Public Health;
(41) To establish, construct, acquire, maintain and operate hospitals, sanitarians and dispensaries;
(42) To acquire, by purchase, condemnation or otherwise, land within or near the corporate limits of the municipality for providing and maintaining proper places for the burial of the dead and to maintain and operate the same and regulate interments therein upon terms and conditions as to price and otherwise as may be determined by the governing body and, in order to carry into effect the authority, the governing body may acquire any cemetery or cemeteries already established;
(43) To exercise general police jurisdiction over any territory without the corporate limits owned by the municipality or over which it has a right-of-way;
(44) To protect and promote the public morals, safety, health, welfare and good order;
(45) To adopt rules for the transaction of business and the government and regulation of its governing body;
(46) Except as otherwise provided, to require and take bonds from any officers, when considered necessary, payable to the municipality, in its corporate name, with such sureties and in a penalty as the governing body may see fit, conditioned upon the faithful discharge of their duties;
(47) To require and take from the employees and contractors such bonds in a penalty, with such sureties and with such conditions, as the governing body may see fit;
(48) To investigate and inquire into all matters of concern to the municipality or its inhabitants;
(49) To establish, construct, require, maintain and operate such instrumentalities, other than free public schools, for the instruction, enlightenment, improvement, entertainment, recreation and welfare of the municipality's inhabitants as the governing body may consider necessary or appropriate for the public interest;
(50) To create, maintain and operate a system for the enumeration, identification and registration, or either, of the inhabitants of the municipality and visitors thereto, or the classes thereof as may be considered advisable;
(51) To require owners, residents or occupants of factory- built homes situated in a factory-built rental home community with at least ten factory-built homes, to visibly post the specific numeric portion of the address of each factory-built home on the immediate premises of the factory-built home of sufficient size to be visible from the adjoining street: Provided, That in the event if no numeric or other specific designation of an address exists for a factory-built home subject to the authorization granted by this subdivision, the municipality has the authority may to provide a numeric or other specific designation of an address for the factory-built home and require that it be posted in accordance with the authority otherwise granted by this section.
(52) To appropriate and expend not exceeding twenty-five cents per capita per annum for advertising the municipality and the entertainment of visitors;
(53) To conduct programs to improve community relations and public relations generally and to expend municipal revenue for such purposes;
(54) To reimburse applicants for employment by the municipality for travel and other reasonable and necessary expenses actually incurred by the applicants in traveling to and from the municipality to be interviewed;
(55) To provide revenue for the municipality and appropriate the same to its expenses;
(56) To create and maintain an Employee Benefits Fund which may not exceed one tenth of one percent of the annual payroll budget for general employee benefits and which is set up for the purpose of stimulating and encouraging employees to develop and implement cost-saving ideas and programs and to expend moneys from the fund for these purposes;
(57) To enter into reciprocal agreements with governmental subdivisions or agencies of any state sharing a common border for the protection of people and property from fire and for emergency medical services and for the reciprocal use of equipment and personnel for these purposes;
(58) To provide penalties for the offenses and violations of law mentioned in this section, subject to the provisions of section one, article eleven of this chapter, and such penalties may not exceed any penalties provided in this chapter and chapter sixty-one of this code for like offenses and violations; and
(59) To participate in a purchasing card program for local governments authorized and administered by the State Auditor as an alternative payment method.
§8-12-5a. Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.
(a) The provisions of section five of this article Except as otherwise provided in subsection (b) of this section, notwithstanding any provision of this chapter to the contrary, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun firearm or any parts, components or ammunition or ammunition components to be used therewith for any firearm nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition. Nothing herein shall in any way impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution: Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section: Provided, however, That no provision in this section may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.
(b) Subsection (a) of this section does not apply to any planning or zoning ordinances that restrict the commercial use of real estate in designated areas.
(c) In this section, "firearm" means any firearm or antique firearm, as those terms are defined in section two, article seven, chapter sixty-one of this code.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.

As used in this chapter, unless the context clearly requires a different meaning:
"Agency" means any branch, department or unit of the state government, however designated or constituted.
"Aircraft" has the same meaning as in section one, article two-a, chapter twenty-nine of this code.
"Alien" means any person not a citizen of the United States.
"Ammunition" means ammunition or cartridge cases, primers, bullets or propellant powder designed for use in any firearm.
"Bag limit" or "creel limit" means the maximum number of wildlife which may be taken, caught, killed or possessed by any person.
"Big game" means elk, deer, black bears, wild boars and wild turkeys.
"Bona fide resident, tenant or lessee" means a person who permanently resides on the land.
"Citizen" means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers.
"Closed season" means the time or period during which it shall be is unlawful to take any wildlife as specified and limited by the provisions of this chapter.
"Commission" means the Natural Resources Commission.
"Commissioner" means a member of the advisory commission of the Natural Resources Commission.
"Director" means the Director of the Division of Natural Resources.
"Firearm" has the same meaning as in section two, article seven, chapter sixty-one of this code.
"Fishing" or "to fish" means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait.
"Fur-bearing animals" include: (a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox; (i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.
"Game" means game animals, game birds and game fish. as herein defined
"Game animals" include: (a) The elk; (b) the deer; (c) the cottontail rabbits and hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.
"Game birds" include: (a) The anatidae, commonly known as swan, geese, brants and river and sea ducks; (b) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and curlews; (d) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and partridges (both native and foreign species); (e) the columbidae, commonly known as doves; (f) the icteridae, commonly known as blackbirds, redwings and grackle; and (g) the corvidae, commonly known as crows.
"Game fish" include: (a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel; (j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p) black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u) sauger; and (v) all game fish hybrids.
"Handgun" has the same meaning as in section two, article seven, chapter sixty-one of this code.
"Hunt" means to pursue, chase, catch or take any wild birds or wild animals Provided, That the definition of "hunt" does not include an except in any officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not other than a shoot-to-retrieve field trial.
"Lands" means land, waters and all other appurtenances connected therewith.
"Loaded", with respect to a firearm, has the same meaning as in section two, article seven, chapter sixty-one of this code.
"Migratory birds" means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
"Motor vehicle" has the same meaning as in section one, article one, chapter seventeen-a of this code.
"Motorboat" means any vessel propelled by an electrical, steam, gasoline, diesel or other fuel-propelled or fuel-driven motor, regardless of whether the motor is the principal source of propulsion, but, for the purposes of section eleven, article seven of this chapter and all succeeding sections of that article, does not include any vessel for which the United States Bureau of Customs, or its federal agency successor, has issued a valid marine document as provided by federal law.

"Nonresident" means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition not a resident.
"Open season" means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner, and shall include both the first and the last day of the season or period as designated by the Director.
"Person", except as otherwise defined where specifically provided otherwise elsewhere in this chapter, means the plural "persons" and shall include individuals, includes natural persons, partnerships, limited liability companies, corporations or other legal entities.
"Personal watercraft" means:
(1) A small vessel of less than 16 feet in length that:
(A) Uses an inboard motor powering a water jet pump as its primary source of motive power; and
(B) Is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel; or
(2) "Specialty prop-crafts," which are vessels similar in appearance and operation to a vessel described in part (a) of this definition, but which are powered by an outboard motor or propeller-driven motor.

"Preserve" means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons.
"Protected birds" means all wild birds not included within the definition of other than "game birds" and "unprotected birds".
"Regulated firearm" means any firearm other than a handgun.
"Resident" means any person who is a citizen of the United States or an alien who has been lawfully admitted for permanent residence, as that term is defined in 8 U.S.C. §1101, and: who has been
(1) Is a domiciled resident of the State of West Virginia this state and, except for temporary absences, has resided in this state for a period of not less than thirty consecutive days or more immediately prior to preceding the date of his or her application on which the person applies for any license or permit Provided, That a under this chapter;
(2) Is an active duty
member of the Armed Forces of the United States who is stationed beyond the territorial limits of whose permanent duty station is located outside this state, but who was a resident of this state at the time of his or her entry into such service and any the Armed Forces of the United States; or
(3) Is a full-time student of any college or university of higher education institution, as defined in section two, article one, chapter eighteen-b of this code, located within this state, even though he or she is paying including any full-time student of a state institution of higher education, as defined in section two, article one, chapter eighteen-b of this code, who pays a nonresident tuition. shall be considered a resident under the provisions of this chapter
"Roadside menagerie" means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes.
"Small game" includes all game animals, furbearing fur-bearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys big game.
"Take" means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so Provided, That the definition of "take" does not include an except in any officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not other than a shoot-to-retrieve field trial.
"Unprotected birds" shall include: (a) The English sparrow; (b) the European starling; and (c) the cowbird.
"Vehicle" has the same meaning as in section one, article one, chapter seventeen-a of this code.
"Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

"Wild animals" means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats.
"Wild birds" shall include all birds other than: (a) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys; (b) psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.
"Wildlife" means wild birds, wild animals, game and animals, fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive.
"Wildlife refuge" means any land set aside by action of the Director as an inviolate refuge or sanctuary for the protection of designated forms of wildlife.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
(a) Except as authorized by the Director or otherwise provided by the Legislature in another provision of this chapter, it is unlawful at any time for any person to:
(1) Shoot at or attempt to shoot any wild bird or animal unless it is plainly visible to him or her in plain sight;
(2) Dig out, cut out or smoke out, or in any manner take or attempt to take, any live wild animal or wild bird out of its den or place of refuge; except as may be authorized by rules promulgated by the Director or by law
(3) Make use of, or take advantage of, any artificial light in hunting, locating or attracting taking, trapping or killing any wild bird or wild animal, or to attempt to do so, while having in his or her immediate physical possession or subject to his or her actual physical control, or for while any person accompanying him or her to have has in his or her immediate physical possession or subject to his or her actual physical control, any regulated firearm, whether cased or uncased, bow, arrow, or both, or other implement or device, other than handguns, suitable for taking killing or trapping a wild bird or animal, Provided, That it is lawful to hunt or take except when the person:
(A) Hunts
raccoon, opossum or skunk by the use of artificial light; subject to the restrictions set forth in this subdivision: Provided, however, That it is lawful to hunt or take
(B) Hunts coyotes by the use of amber- or red-colored artificial light; subject to the restrictions set forth in this subdivision. No person is guilty of a violation of this subdivision merely because he or she or
(C)
Looks for, looks at, attracts or makes motionless a wild bird or wild animal with or by the use of an artificial light without taking the wild bird or wild animal, unless at the time he or she has in his or her possession the person:
(i) Possesses:
(I)
A regulated firearm, whether cased or uncased, unless the person is a person described in subsection (c) of this section;
(II) A bow, arrow, or both; or
(III) Any other implement or device, other than firearms, suitable for taking, killing or trapping a wild bird or wild animal; or unless the
(ii) Uses an artificial light (other than the head lamps headlights of an automobile or other land conveyance a vehicle that is attached to, a part of, or used from within or upon any vehicle an automobile or other land conveyance.
Any person violating the provisions of this subdivision shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than one hundred dollars nor more than five hundred dollars and shall be imprisoned in the county jail for not less than ten days nor more than one hundred days;
(4) Hunt for, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, an automobile, or other land conveyance, or from a motor-driven water conveyance, except as authorized by rules promulgated by the Director any aircraft, vehicle or motorboat, except when the person possesses a Class Q permit issued pursuant to section forty-six-e of this article and hunts from a motor vehicle in accordance with the terms of that permit;
(5) Take any beaver or muskrat by any means other than by trap;
(6) Catch, capture, take or kill by Use any seine, net, bait, trap or snare or like device of any kind to take or facilitate the taking of any wild turkey, ruffed grouse, pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully the nest or eggs of any wild bird or have in his or her possession possess the nest or eggs of any wild bird unless authorized to do so under rules promulgated by or under the person possesses a permit issued by the Director;
(8) Except as provided in section six of this article, Carry an uncased or loaded gun about his or her person any regulated firearm in any of the woods of this state, except during the open firearms hunting season for wild animals and nonmigratory wild birds within any county of the state, unless he or she has in his or her possession a permit, in writing, issued to him or her by the Director: Provided, That this section may not prohibit when:
(A) The regulated firearm is not loaded and:
(i) Is broken down in a nonfunctioning state;
(ii) Is in a closed case, bag, box or other container that has a lid, a cover or a closing mechanism with a zipper, snap or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the regulated firearm; or
(iii) Ammunition capable of being discharged from that regulated firearm is not readily accessible for immediate use; or
(B) The person:
(i) Is otherwise lawfully hunting during an open firearms hunting season;
(ii) Is otherwise lawfully
hunting or taking of an unprotected species of wild animals, and wild birds and or migratory wild birds; during the open season in the open fields, open water and open marshes of the state
(iii) Possesses a permit issued by the Director;
(iv) Carries the regulated firearm in accordance with the provisions of section six of this article;
(v) Possesses or transports the regulated firearm in a vehicle or vessel in accordance with the provisions of subdivision (10) of this subsection; or
(vi) Is a person described in subsection (c) of this section;
(9) Have in his or her possession a Knowingly possess or transport any crossbow with a nocked bolt a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation. Except as hereinafter provided, between five o'clock postmeridian of one day and seven o'clock antemeridian, eastern standard time of the day following, any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, shall be so carried only when in a case or taken apart and securely wrapped. During the period from the first day of July to the thirtieth day of September, inclusive, of each year, the foregoing requirements relative to carrying certain unloaded firearms shall be permissible only from eight-thirty o'clock postmeridian to five o'clock antemeridian, eastern standard time: Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the postmeridian times and one hour before the antemeridian times established above if a hunter is preparing to or in the process of transporting or transferring the firearms to or from a hunting site, campsite, home or other place of abode vessel except when the person possesses a Class Q permit issued pursuant to section forty-six-e of this article and a Class Y permit issued pursuant to section forty-two-w of this article and is hunting from a motor vehicle in accordance with the terms of those permits;
(10) Hunt, catch, take, kill, trap, injure or pursue with firearms or other implement by which wildlife may be taken after the hour of five o'clock antemeridian on Sunday on private land without the written consent of the landowner any wild animals or wild birds except when a big game season opens on a Monday, the Sunday prior to that opening day will be closed for any taking of wild animals or birds after five o'clock antemeridian on that Sunday: Provided, That traps previously and legally set may be tended after the hour of five o'clock antemeridian on Sunday and the person so doing may carry only a twenty-two caliber firearm for the purpose of humanely dispatching trapped animals. Any person violating the provisions of this subdivision is guilty of a misdemeanor and, upon conviction thereof, in addition to any fines that may be imposed by this or other sections of this code, shall be subject to a one hundred dollar fine;
(11) Hunt with firearms or long bow while under the influence of intoxicating liquor;
(10) Knowingly possess or transport any regulated firearm in or on any vehicle or vessel, unless:
(A) The person is a person described in subsection (c) of this section;
(B) The regulated firearm is not loaded and is possessed or transported:
(i) During the months of July, August or September:
(I) Between the hours of four o'clock antemeridian and nine- thirty o'clock postmeridian, if the person is preparing to or in the process of transporting or transferring the regulated firearm to or from a hunting site, campsite, home or other place of abode; or
(II) Between the hours of five o'clock antemeridian and eight- thirty o'clock postmeridian, if the person is not engaged in an activity described in clause (I) of this subparagraph;
(ii) During any month other than July, August or September:
(I) Between the hours of six o'clock antemeridian and six o'clock postmeridian, if the person is preparing to or in the process of transporting or transferring the regulated firearm to or from a hunting site, campsite, home or other place of abode; or
(II) Between the hours of seven o'clock antemeridian and five o'clock postmeridian, if the person is not engaged in an activity described in clause (I) of this subparagraph;
(iii) When ammunition capable of being discharged from that regulated firearm is not readily accessible for immediate use;
(iv) In a closed case, bag, box or other container that has a lid, a cover or a closing mechanism with a zipper, snap or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the regulated firearm;
(v) In a compartment that can be reached only by leaving the vehicle or vessel;
(vi) In plain sight and secured in a rack or holder made for the purpose of holding and securing a firearm; or
(vii) In plain sight with the action open or the weapon stripped or, if the regulated firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight; or
(C) The person possesses a Class Q permit issued pursuant to section forty-six-e of this article and is hunting from a motor vehicle in accordance with the terms of that permit;
(12) (11) Hunt catch, take, kill, injure or pursue a wild animal or bird with the use of a ferret;
(13) (12) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so without a license issued by the Director pursuant to section forty-nine of this article or, if licensed under a resident county license or an agent's permit issued to an employee of a resident county licensee, buy raw furs, pelts or skins of fur- bearing animals outside the county or counties specified in the resident county license;
(14) Catch, (13) Take kill or attempt to catch, take or kill any fish at any time by any means other than by rod, line and hooks with natural or artificial lures unless otherwise authorized by law or rules issued by the Director: Provided, That except when snaring of any species of suckers, carp, fallfish and or creek chubs; shall at all times be lawful
(15) (14) Employ or hire, or induce or persuade, by the use of money or other things of value, or by any means, any person to hunt take, catch or kill any wild animal or wild bird except those species on which there is no closed season, or to fish for catch, take or kill any fish, amphibian or aquatic life which that is protected by the provisions of this chapter or rules of the Director or the sale of which is prohibited;
(16) (15) Hunt, catch, take, kill, capture, pursue, transport, possess or use any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States for the protection of migratory birds and wild mammals concluded, respectively, the sixteenth day of August, one thousand nine hundred sixteen, and the seventh day of February, one thousand nine hundred thirty-six, except during the time and in the manner and numbers prescribed by the Federal Migratory Bird Treaty Act, and regulations made thereunder;
(17) Kill, (16) Take catch or have in his or her possession, living or dead, possess any wild bird other than a game protected bird, or expose for sale or transport within or without the state any protected bird except as aforesaid no part of the plumage, skin or body of any protected bird shall be sold or sell or had in possession for possess for the purpose of sale any protected bird, except mounted or stuffed plumage, skin, bodies or heads of the protected birds legally taken and stuffed or mounted, irrespective regardless of whether the protected bird is alive or was captured within or without this state; except the English or European sparrow (passer domesticus), starling (sturnus vulgaris) and cowbird (molothrus ater), which may not be protected and the killing thereof at any time is lawful
(18) (17) Use dynamite or any like explosive or poisonous mixture placed in any waters of the state for the purpose of killing or taking to fish; Any person violating the provisions of this subdivision is guilty of a felony and, upon conviction thereof, shall be fined not more than five hundred dollars, or imprisoned for not less than six months nor more than three years, or both fined and imprisoned
(19) have a bow and gun, or have a gun and any arrow or arrows,
(18) Unless the person is a person described in subsection (c) of this section, simultaneously possess in the fields or woods: at the same time
(A) A bow or any arrow or arrows; and
(B) A regulated firearm
;
(20) Have (19) Carry about his or her person a crossbow in the woods or fields or use a crossbow to hunt for, take or attempt to take any wildlife, unless the person possesses a Class Y permit issued pursuant to section forty-two-w of this article;
(21) (20) Take or attempt to take turkey, bear, elk or deer with any arrow unless the arrow is equipped with a point having at least two sharp cutting edges measuring in excess of three fourths of an inch wide;
(22) (21) Take or attempt to take any wildlife with an arrow having an explosive head or shaft, a poisoned arrow or an arrow which would affect wildlife by any chemical action;
(23) (22) Shoot an arrow across any public highway or from any aircraft, motor-driven watercraft motorboat, motor vehicle or other land conveyance;
(24) (23) Permit any dog owned by him or her or under his or her control to chase, pursue or follow upon the track of any wild animal or wild bird, either day or night, between May 1 and August 15 next following: Provided, That a person may train dogs may be trained on wild animals and wild birds, except deer and wild turkeys, and hold or conduct field trials may be held or conducted on the grounds or lands of the owner or by his or her bona fide tenant or tenants or upon the grounds or lands of another person with his or her written permission or on public lands, at any time: Provided, however, That nonresidents may not train dogs in this state at any time except during the legal small game hunting season: Provided further, That the person training said dogs does may not have firearms or other implements in his or her possession carry about his or her person during the closed season on wild animals and wild birds: (i) Any regulated firearm unless the person is a person described in subsection (c) of this section; or (ii) any implement of hunting, other than a firearm, whereby wild animals or wild birds could be taken or killed;
(25) (24) Conduct or participate in a field trial, shoot-to- retrieve field trial, water race or wild hunt hereafter referred to as trial: Provided, That any person, group of persons, club or organization may hold such the trial at any time of the year upon obtaining a permit as is provided for in pursuant to section fifty-six of this article. The person responsible for obtaining the permit shall prepare and keep an accurate record of the names and addresses of all persons participating in said the trial, and make same the record readily available for inspection by any conservation officer authorized to enforce the provisions of this chapter upon request;
(26) Except as provided in section four of this article,
(25) Hunt catch, take, kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild fowl except during the open season for that species established by rule of the Director; as authorized by subdivision (6), section seven, article one of this chapter
(27) (26) Hunt any wild animal or wild bird on public lands on Sunday after five o'clock antemeridian, is prohibited; and except to tend traps previously and legally set;
(27) Hunt any wild animal or wild bird after the hour of five o'clock antemeridian on Sunday if the following Monday is the opening day of a big game hunting season in that county or other geographical zone designated by the Director for the applicable big game hunting season, except to tend traps previously and legally set;
(28) Hunt any wild animal or wild bird after the hour of five o'clock antemeridian on Sunday on private land without the written consent of the landowner, except to tend traps previously and legally set;
(29)(A)
Hunt catch, take, kill, trap, injure or pursue with firearms or other implement which wildlife can be taken, any wild animal or wild bird on private lands on Sunday after the hour of five o'clock antemeridian, except to tend traps previously and legally set. Provided, That the provisions
(B)(i) Paragraph (A) of this subdivision do does not apply in any county until the county commission of the county holds an election on the question of whether the provisions of paragraph (A) of this subdivision prohibiting hunting on Sunday shall apply within the county and the voters approve the allowance of hunting on Sunday in the county. The election shall be determined by a vote of the resident voters of the county in which the hunting on Sunday is proposed to be authorized. The county commission of the county in which Sunday hunting is proposed shall give notice to the public of the election by publication of the notice as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication shall be the county in which the election is to be held. The date of the last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the election.
(ii) On the local option election ballot shall be printed the following:
Shall hunting on Sunday be authorized in _________ County?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)
(iii) Any local option election to approve or disapprove of the proposed authorization of Sunday hunting within a county shall be in accordance with procedures adopted by the commission. The local option election may be held in conjunction with a primary or general election, or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of Sunday hunting at the election.
(iv) If a majority votes against allowing Sunday hunting, no election on the issue may be held for a period of 104 weeks. If a majority votes "yes" no election reconsidering the action may be held for a period of five years. A local option election may thereafter be held if a written petition of qualified voters residing within the county equal to at least five percent of the number of persons who were registered to vote in the next preceding general election is received by the county commission of the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at the next primary or general election scheduled more than ninety days following receipt by the county commission of the petition required by this subsection: Provided, That the issue may not be placed on the ballot until all statutory notice requirements have been met; No local law or regulation providing any penalty, disability, restriction, regulation or prohibition of Sunday hunting may be enacted, and the provisions of this article preempt all regulations, rules, ordinances and laws of any county or municipality in conflict with this subdivision
(30) While tending traps after the hour of five o'clock antemeridian on Sundays as authorized by subdivisions (26) through (28) of this subsection or paragraph (A), subdivision (29) of this subsection, carry about his or her person any regulated firearm other than a twenty-two caliber firearm that is carried for the purpose of humanely dispatching trapped animals, unless the person is a person described in subsection (c) of this section; or
(29) (31) Hunt or conduct hunts for a fee where the hunter is not physically present in the same location as the wildlife being hunted within West Virginia this state.
(b) The Legislature fully occupies and preempts the field of regulation of Sunday hunting and the possession and transportation of firearms in vehicles and vessels. Any rule of the director or county or municipal ordinance, rule, resolution, policy, administrative action or other official act regulating Sunday hunting or the possession or transportation of firearms in vehicles and vessels, except as provided in subdivisions (10), (26), (27), (28), (29) and (30), subsection (a) of this section, is void.
(c) The persons described in this subsection are:
(1) Any officer, agent or employee of the United States, this state, any political subdivision of this state or any other state or political subdivision thereof, who is authorized by law to carry firearms in the course of performance of his or her official duties;
(2) Any qualified law-enforcement officer as defined in 18 U.S.C. § 926B;
(3) Any qualified retired law-enforcement officer as defined in 18 U.S.C. § 926C;
(4) Any person who is a licensed to carry concealed weapons pursuant to section four, article seven, chapter sixty-one of this code;
(5) Any person who is not a resident of this state, is at least twenty years of age, and possesses a current, valid, statewide license to carry a firearm or concealed weapon issued by any other state or political subdivision thereof.
§20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; license revocation.
(a) It is unlawful at any time for any Except as otherwise provided by subsection (d) of this section, no person to take, may hunt, possess, transport, import, export or process, sell or offer for sale, buy, barter or trade or offer to buy, barter or trade at any time or in any manner, any bald eagle, also commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing eagles any bald eagle or golden eagle, or to attempt to do any of these acts.
(b) Anyone Except as otherwise provided in subsection (c) of this section, any person who violates the provisions subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or imprisoned confined in the county jail for not less than sixty days nor more than one year, or both. fined and imprisoned One half of any fine imposed shall be paid to any person or persons providing information that leads to the arrest and conviction of anyone any person for a first offense of violating the provisions subsection (a) of this section.
(c) For a second or subsequent conviction for a violation of subsection (a) of this section, a person is guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $10,000 and imprisoned in the penitentiary a state correctional facility for not less than one year nor more than two years. An amount equal to one half of the fine imposed, not exceeding $2,500, shall be paid to the person or persons providing information that leads to the arrest and conviction of anyone any person for a second or subsequent violation of the provisions subsection (a) of this section.
(d) "Take" is defined as including any means to pursue, hunt, wound, kill, capture, collect, poison, or molest any bald eagle or golden eagle, or any part, nest or egg thereof, or to knowingly and willfully destroy the nest or eggs of any such eagles.
(e) Nothing in (d) This section may be construed to prohibit does not apply to the taking hunting, possession or transportation of bald eagles or golden eagles legally under as authorized by the current federal Eagle Protection Act, as amended, 16 USC §668a U.S.C. §§668 through 668d, and or the current federal regulations promulgated pursuant to the Eagle Protection Act, as amended, 50 CFR 22.1 et seq. C.F.R. Part 22.
(f) (e) All wildlife, merchandise, guns firearms, traps, nets and other equipment, vessels, vehicles, aircraft and other means of transportation used in taking, possessing, transporting, importing, exporting, selling or offering for sale, purchasing or bartering or offering to purchase or barter any bald eagle or golden eagle or part, nest, or egg thereof of any bald eagle or golden eagle, or in attempting to do any of these acts in violation of this section, shall be forfeited, at the time of conviction, to the state.
(g) (f) Upon conviction of taking, possessing, transporting, importing, exporting or processing, selling or offering for sale, buying, bartering or trading or offering to buy, barter or trade any bald or golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing bald eagles or golden eagles, or of attempting to do any of these acts, the Director shall revoke the person's hunting licenses of such person or persons may be revoked and such person or persons shall not be issued any issue the person a new hunting licenses for a period of license until ten years from after the date of conviction.
§20-2-6. Carrying gun firearm on landowner's land not prohibited.
Notwithstanding any other provisions provision of this chapter to the contrary, it shall be lawful for a bona fide resident, landowner of this state, any member of said landowner's family and any bona fide tenant of said landowner, to or lessee may carry an uncased gun a firearm at any time, regardless of whether the bona fide resident, tenant or lessee is accompanied by or without a dog or whether the firearm is loaded or encased, in their the bona fide resident, tenant or lessee's regular pursuits in caring for and looking after such landowner's livestock or poultry on his or her land and on any other lands leased or rented by him the bona fide resident, tenant or lessee rents or leases for livestock or poultry husbandry purposes, if the bona fide resident, tenant or lessee is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing firearms and is not carrying the firearm in violation of any provision of article seven, chapter sixty-one of this code.
§20-2-6a. Carrying a concealed handgun handguns not prohibited.
(a) Notwithstanding any provision of this code chapter, rules established by the Director or any county or municipal ordinance, rule, policy, administrative action or other official act to the contrary, a except as otherwise provided by federal law or chapter sixty-one of this code, any person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code 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 by any applicable federal law, may, for self-defense, the defense of others and other lawful purposes, own, possess, carry, a handgun in a concealed manner for self defense purposes transfer, transport, store and keep handguns and parts, components and ammunition for handguns:
(1) In any state, county, municipal or other public park, forest, wildlife management area or wildlife refuge;
(2) On any state, county, municipal or other publicly-owned trail;
(3)
While afield hunting, fishing, hiking or camping; or
(4) While in or on a motor any vehicle, vessel or other means of transportation or conveyance on land or water; or
(5) While engaging in any other activity regulated by this chapter or rules promulgated by the director
.
(b) When a person owns, possesses, carries, transfers, transports, stores or keeps a handgun or parts, components or ammunition for a handgun as provided by subsection (a) of this section:
(1) The person shall be presumed to be owning, possessing, carrying, transferring, transporting, storing or keeping the handgun and parts, components and ammunition for the handgun for self- defense or another lawful purpose other than hunting; and
(2) The handgun and parts, components and ammunition for the handgun shall be presumed to not be an implement of hunting, unless the person uses the handgun to take wildlife and the taking was not in justifiable self-defense or the defense of another person or property.
The provisions of
(c) This section shall does not exempt authorize any person from obtaining any hunting or fishing to hunt or fish without any license or stamp required by the Division of Natural Resources this chapter.
(d) Notwithstanding any existing or future provision of this chapter to the contrary:
(1) This section supersedes and preempts any prohibition or restriction contained in or authorized by any other provision of this chapter, rules of the Director or county or municipal ordinance, pertaining to the ownership, possession, carrying, transfer, transportation, storage or keeping of handguns and parts, components and ammunition for handguns;
(2) No future act of the Legislature may be construed to amend or supersede this section unless the act specifically and expressly amends or repeals this section;
(3) This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights; and
(4) This section shall be liberally construed to effectuate its purpose.
§20-2-37. Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia.
(a) Any person having in his or her possession who possesses in or near the fields or woods, or about the streams of this state, any dog, gun regulated firearm, fishing rod or other hunting, fishing or trapping paraphernalia, shall, upon demand of any officer authorized to enforce the provisions of this chapter:
(1)
State his or her correct name and address; and shall
(2) Exhibit for inspection:
(a) (A) All applicable licenses and documents set forth specified in subsection (a), section thirty-six of this article; and
(b) (B) All firearms and wildlife which and regulated firearms he or she may have in his or her possession possesses. Nothing in
(b) This section may be construed as authorizing does not authorize searches or seizures that violate article three, section six of the West Virginia Constitution or the Fourth Amendment to the Constitution of the United States nor and may anything in this section not be construed as effecting a waiver of these Constitutional provisions.
§20-2-42l. Class A-l small arms handgun hunting stamp.
Notwithstanding the provisions of section two, article seven, chapter sixty-one of this code,
(a) A Class A-l stamp is a small arms handgun hunting stamp. To be eligible to get a Class A-l stamp, a person must be legally able to possess a firearm. If a person is otherwise qualified, The Director may issue a Class A-l stamp may be issued to a any person who is at least twenty-one years of age, or older who holds a valid resident or nonresident hunting license or to a person who is a resident sixty-five years of age or older exempt from the requirement of obtaining a hunting license, but a Class A-l stamp shall never be issued to a person who and who has not been convicted of a misdemeanor associated with the use misuse of firearms or dangerous weapons, or who has not been convicted of a felony or is not prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting handguns. The director may issue a lifetime Class A-1 stamp to any person qualified to obtain a Class A-1 stamp who holds a valid Class A-L or AB-L license or is a resident sixty years of age or older exempt from the requirement of obtaining a hunting license.
(b) A holder of a Class A-1 stamp shall purchase the appropriate base license before participating in the activities specified in this section, except as noted. A Class A-l stamp entitles the licensee to hunt, as otherwise permitted by the provisions of this chapter, but only during small game and big game seasons as established annually by the Director, holder of the stamp to hunt as otherwise permitted by this chapter during the small game and big game hunting seasons established by the director with either a revolver or pistol which handgun that has a barrel at least four inches in length. Unless otherwise permitted by the Code of West Virginia, a Class A-1 stamp entitles the licensee to carry or have in his or her possession only one revolver or pistol when going to and from his or her home or residence and a place of hunting and while hunting: Provided, That the Class A-l stamp may not be valid unless the licensee has in his or her possession a valid resident or nonresident hunting license or is a resident sixty-five years of age or older. Provided, however, That at all times, when not actually hunting, the revolver or pistol shall be unloaded. While hunting, the licensee shall carry the revolver or pistol in an unconcealed and easily visible place. The fee for the stamp is eight dollars. A lifetime Class A-1 stamp may be issued to anyone otherwise qualified and holding a valid Class A-L or AB-L license or to a resident sixty-five years of age or older The lifetime Class A-1 stamp will be issued in a form prescribed by the director.
(c) The fee for a Class A-1 stamp is $8. The fee for a lifetime Class A-I stamp is $75. All fees collected for the issuance of the Class A-l and lifetime Class A-l stamps shall be deposited in the state Treasury and credited to the law-enforcement section of the Division of Natural Resources. The fees collected shall be paid out of the State Treasury on order of the director and used solely for law-enforcement purposes.
(d) The director shall revoke any Class A-1 stamp or lifetime Class A-1 stamp issued to a person who is convicted of a misdemeanor associated with the use misuse of firearms or dangerous weapons or convicted of a felony, or any person who becomes legally unable to possess a firearm prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting handguns. A holder of a Class A-1 stamp or lifetime Class A-1 stamp who becomes ineligible to continue holding the stamp shall immediately surrender the stamp to the Division of Natural Resources. A holder of a Class A-l or lifetime Class A-l stamp is required to purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-42p. Class RG resident and Class RRG nonresident gun firearm deer hunting stamp for an additional deer.
(a) The director has the authority to may issue a Class RG resident and a Class RRG nonresident gun firearm deer hunting stamp stamps when deemed the director considers the taking of additional deer essential for the proper management of the wildlife resources. These The director shall not issue a Class RG or Class RRG stamp to any person who is prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting firearms.
(b) Class RG and Class RRG
stamps allow authorize the licensee holders of those stamps to hunt and take an additional deer as designated by the director. A holder of a Class RG or Class RRG stamp shall purchase the appropriate base license before participating in the activities specified in this section, except as noted.
(c)
The fee for a Class RG stamp is $20. and The fee for a Class RRG stamp is $40.
(d) The director shall revoke any Class RG or Class RRG stamp issued to a person who becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting firearms. A holder of a Class RG or Class RRG stamp who becomes prohibited by federal law or section seven, article seven, chapter sixty-one of this code from possessing or transporting firearms, shall immediately surrender the stamp to the Division of Natural Resources.
(e)
The director may promulgate propose legislative rules in accordance with article three, chapter twenty-nine-a of this code governing the issuance, and use and revocation of these Class RG and a Class RRG stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
§20-2-46e. Class Q special hunting permit for disabled persons.
(a) A Class Q permit is a special statewide hunting permit entitling authorizing the permittee to hunt all legal species of game during the designated hunting seasons from a motor vehicle in accordance with the provisions of subsection (d) of this section.
(b) A permit form shall be furnished by The director shall furnish a permit form to an applicant who: meets the following requirements
(1) He or she Is permanently disabled in the lower extremities; and
(2) He or she Holds a valid resident or nonresident statewide hunting license a senior citizens license or is otherwise exempt from the license requirement.
(c) Before the director may issue a Class Q permit, a licensed physician must shall certify the applicant's permanent disability by completing the permit form. When completed, the permit form constitutes a Class Q permit. The Class Q permit and a completed license application shall be submitted to the division, which will shall issue a wallet sized card to the permittee a permit card not larger than a driver's license and in a form suitable for carrying in a wallet, similar to a driver's license. The card and all other documents and identification required to be carried by this article shall be in the permittee's possession when hunting.
(d) A Class Q permit entitles the holder to permittee may hunt from a motor vehicle and notwithstanding the provisions of subdivision (9), section five of this article to possess a loaded regulated firearm or, if the Class Q permittee possesses a Class Y permit, a crossbow with a nocked bolt, in and discharge it from a motor vehicle but only under the following circumstances if:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permittee and one individual, who is at least sixteen years of age, to assist the permittee, are the only occupants of the motor vehicle;
(4) The individual assisting the permittee may does not hunt with a firearm, bow or cross-bow crossbow while assisting the permittee;
(5) The motor vehicle is not parked on the right-of-way of any public road or highway; and
(6) The permittee observes complies with all other pertinent applicable laws and regulations rules.
(e) The director may propose legislative rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth specifying the qualifications of applicants and the permitting process.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-9. Violations of chapter generally; penalties.
(a) Any person violating who violates any of the provisions provision of this chapter or rules promulgated under the provisions of this chapter, the punishment for which another punishment is not prescribed in this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $20 nor more than $300, or confined in jail for not less than ten or days nor more than one hundred days, or be both, fined and imprisoned within the limitations aforesaid and, in the case of a violation by a corporation, every officer or agent thereof directing of the corporation who directs or engaging engages in such the violation shall be is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties and punishment as herein provided Provided, That in this subsection for a violation committed by a natural person.
(b)
Any person violating who violates subdivision (3), subsection (a), section five, article two of this chapter shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 and shall be imprisoned confined in jail for not less than ten days nor more than one hundred days. Provided, however, That
(c) Any person who unlawfully hunts any wild animal or wild bird after the hour of five o'clock antemeridian on Sunday, in violation of subdivision (26), (27), (28) or (29), subsection (a), section five, article two of this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than $400, confined in jail for not less than ten days nor more than one hundred days, or both.
(d) Any person who uses dynamite or any like explosive or poisonous mixture placed in any waters of the state to fish, in violation of subdivision (17), subsection (a), section five, article two of this chapter, is guilty of a felony and, upon conviction thereof, shall be fined not more than $500, imprisoned for not less than six months nor more than three years, or both.
(e)
Any person who is in violation of violates section twenty- seven, article two of this chapter as a result of their failure by failing to have a valid Class E nonresident hunting and trapping license, as defined by section forty-two-d, article two of this chapter, or a valid Class EE nonresident bear hunting license, as defined by section forty-two-e, article two of this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $500, or confined in jail for not less than ten days nor more than one hundred days, or both. fined and imprisoned: Provided further, That
(f) Any person who is in violation of violates section twenty-seven, article two of this chapter as a result of their failure by failing to have a Class F nonresident fishing license, as defined by section forty-two-f, article two of this chapter, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $300, or confined in jail for not less than ten days nor more than one hundred days, or both. fined and imprisoned: And provided further, That
(g) Any person violating who violates any parking or speeding regulations as promulgated by the director on any state parks, state forests, public hunting and fishing areas and all other lands and waters owned, leased or under the control of the Division of Natural Resources shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2 nor more than $100, or imprisoned confined in jail for not more than ten days, or both. fined and imprisoned
§20-7-11. Motorboats and other terms defined Definitions.
As used In this section and subsequent the succeeding sections of this article: unless the context clearly requires a different meaning
(1) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; "Commissioner" has the same meaning as in section one, article one, chapter seventeen-a of this code.
(2) "Motorboat" means any vessel propelled by an electrical, steam, gas, diesel or other fuel propelled or driven motor, whether or not the motor is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto;
(3) "Owner" means a any person, other than a lienholder, having the property in or title to a motorboat The term and includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(4) "Commissioner" means the commissioner of the Division of Motor Vehicles;
(5) "Director" means the director of the Division of Natural Resources; and
(6) "Personal watercraft" means a small vessel of less than sixteen feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. For purposes of this article, the term "personal watercraft" also includes "specialty prop-crafts" which are vessels similar in appearance and operation to a personal watercraft but which are powered by an outboard motor or propeller driven motor.
CHAPTER 27. MENTALLY ILL PERSONS.

ARTICLE 5. INVOLUNTARY HOSPITALIZATION.
§27-5-6. Disposition of firearms and ammunition owned or possessed by committed persons.
(a) The court or mental hygiene commissioner shall, upon a person becoming prohibited from possessing firearms or ammunition by 18 U.S.C. § 922(g)(4) or subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code, by reason of the entry of a final commitment order by a circuit court pursuant to section four of this article, the entry of a final order of incompetence to stand trial pursuant to section three, article six-a of this chapter, acquittal in a criminal case by reason of mental illness as provided in section four, article six-a of this chapter, becoming a mentally incompetent ward subject to article fifteen, chapter forty-four of this code, or the entry of a final order of guardianship entered by a circuit court pursuant to section thirteen, article two, chapter forty-four-a of this code:
(1) Notify the person that, as a result of the adjudication or commitment, the person is prohibited from possessing firearms and ammunition by 18 U.S.C. § 922(g)(4), subdivision (4), subsection (a), section seven, article seven, chapter sixty-one of this code or a combination thereof;
(2) Notify the person that if he or she has a concealed weapons license, the onset of firearm disabilities under federal or state law requires the person to immediately surrender the license to the issuing sheriff;
(3) Query the State Police concealed weapons license registry maintained pursuant to section four, article seven, chapter sixty- one of this code to determine whether the person is licensed in this state to carry concealed weapons and, if so, notify the sheriff of the licensee's adjudication or commitment and probable disqualification from continued licensure immediately in electronic form and within ten days on a form prescribed by the Attorney General;
(4) Order the person to immediately surrender to the conservator designated pursuant to subdivision (5) of this subsection or, if no conservator has been designated, the court or mental hygiene commissioner until a conservator is designated, any firearms and ammunition the person owns or possesses; and
(5) Determine the appropriate public or private individual or entity to act as conservator for firearms and ammunition surrendered pursuant to subdivision (2) of this subsection.
(b) In this section, the terms "firearm" and "ammunition" have the same meanings as in section two, article seven, chapter sixty- one of this code.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.

ARTICLE 2. PROCEDURE FOR APPOINTMENT.
§44A-2-6. Notice of hearing.

(a) Upon the filing of the petition and evaluation report, the court shall promptly issue a notice fixing the date, hour and location for a hearing to take place within sixty days.
(b) The alleged protected person shall be personally served with the notice, a copy of the petition and the evaluation report not less than fourteen days before the hearing. The person may not waive notice and a failure to properly notify the person shall be jurisdictional.
(c) A copy of the notice, together with a copy of the petition, shall be mailed by certified mail, return receipt requested, by the petitioner, at least fourteen days before the hearing to all individuals seven years of age or older and to all entities whose names and post office addresses appear in the petition. In the case of a missing person, a copy of the petition for the appointment of a conservator shall be mailed by certified mail, return receipt requested, by the petitioner, at least fourteen days before the hearing to the last known address of the missing person. A copy of certified mail return receipts shall be filed in the office of the circuit clerk on or before the date of hearing. It is the responsibility of the petitioner to obtain proper service and file the appropriate documentation with the circuit clerk before the hearing.
(d) The notice shall include a brief statement in large print of the purpose of the proceedings and shall inform the alleged protected person of the right to appear at the hearing, the right to an attorney and the right to object to the proposed appointment. Additionally, the notice shall include the following statement in large print:
POSSIBLE CONSEQUENCES OF A COURT FINDING

THAT YOU ARE INCAPACITATED

At the hearing you may lose many of your rights. A guardian may be appointed to make personal decisions for you. A conservator may be appointed to make decisions concerning your property and finances. The appointment may affect control of how you spend your money, how your property is managed and controlled, who makes your medical decisions, where you live, whether you are allowed to vote and other important rights. If the court enters a final order appointing a guardian or conservator for you, you may become prohibited by federal law and/or state law from possessing firearms and ammunition and/or carrying concealed weapons.
(e) No person may be appointed a guardian or conservator without first receiving proper notice and having the opportunity to be present at a hearing.
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 and offensive knife or 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
in this subdivision and shall not be considered a deadly weapon or concealable weapon 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 regard 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, includes but is not be limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person firearms and concealable weapons. For the purposes of section one-a, article five, chapter eighteen-a of this code and section eleven-a, article seven of this chapter, 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 one-a, article five, chapter eighteen-a of this code and section eleven-a, article seven of this chapter, of this article the term "deadly weapon" includes explosive, chemical, biological and radiological materials. Notwithstanding any other provision of this section However, for the purposes of section one- a, article five, chapter eighteen-a of this code and section eleven- a of this article, 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 any weapon, including a starting pistol, which will or is designed to expel a projectile by action of an explosion: Provided, That for the purposes of section seven of this article, the term "firearm" 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) "Aggravated felony" means any felony crime of violence, felony drug offense or felony sexual offense.
(15) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm other than an antique 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) of this subdivision 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" does 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) "Ballistic knife" means any knife that has a blade which is forcefully expelled from the handle by means of a spring-loaded device or a compressed gas that generates a propelling force.
(18) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to a blackjack, mace, metallic or false knuckles, nightstick, nunchuka or tomahawk.
(19) "Concealable weapon" means any club, offensive knife, handgun or other deadly weapons of like kind or character that may be easily concealed on the person.
(20) "Conviction" or "convicted," for the purposes of determining whether a person is disqualified from licensure to carry concealed weapons or prohibited from possessing firearms or concealed weapons, shall be determined in accordance with the law of the jurisdiction in which the proceedings were held, but does not include any conviction which has been expunged, set aside, vacated or for which a person has been pardoned, unless the expungement or pardon expressly provides that the person may not be licensed to carry concealed weapons or possess firearms.
(21) "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;
(B) Any state offense classified by the applicable laws of the state in which the offense was committed as a misdemeanor and, punishable by a term of imprisonment of two years or less.
(C) Any conviction whose effect is disregarded pursuant to subdivision (20) of this section;
(D) Any offense other than an aggravated felony for which the person has had civil rights restored, unless the restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms or carry concealed weapons, or unless less than five years have elapsed since the completion of any sentence, probation, parole, other supervision and payment in full of all fines, court costs and restitution; or
(E) Any aggravated felony for which the person has had civil rights restored pursuant to a discretionary process in the jurisdiction in which the offense was committed under which the person was not entitled to restoration of civil rights as a matter of right and the person received restoration of civil rights based upon an individualized determination and review of the person by the officer, agency, board, commission, court or other tribunal granting restoration of civil rights in which the person was granted restoration of civil rights as an expressly, individually-named person and not as a member of any group or class of persons, unless the restoration of civil rights provides that the person may not ship, transport, possess, carry or receive firearms or concealed weapons or, under the laws of the jurisdiction in which the offense was committed and civil rights were restored, the restoration of civil rights failed to remove all legal disabilities under the laws of that jurisdiction relating to shipping, transporting, possessing, carrying or receiving firearms or concealed weapons, or unless less than ten years have elapsed since the completion of any sentence, probation, parole, other supervision and payment in full of all fines, court costs and restitution.
(22) "Felony crime of violence":
(A) Means any felony that:
(i) 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
(ii) 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; and
(B) Includes without limitation, but is not limited to, the following offenses:
(i) Treason under section one, article one of this chapter;
(ii) Murder under sections one, two or three, article two of this chapter;
(iii) Attempt to kill or injure by poison under section seven, article two of this chapter;
(iv) Malicious wounding under subsection (a), section nine, article two of this chapter;
(v) Assault during the commission of or attempt to commit a felony under section ten, article two of this chapter;
(vi) Malicious assault or unlawful assault under section ten-b, article two of this chapter;
(vii) Robbery or attempted robbery under section twelve, article two of this chapter;
(viii) Kidnapping or holding a person hostage under section fourteen-a, article two of this chapter;
(ix) First or second degree arson under sections one or two, article three of this chapter;
(x) Causing injuries during an arson-related crime under section seven, article three of this chapter, regardless of the degree of the underlying arson offense involved;
(xi) Retaliating against a juror or witness for performing his or her official duties in an official proceeding, in violation of section twenty-seven, article five of this chapter, if such offense involved actual violence or threats of violence;
(xii) Any sexually violent offense;
(xiii) Any attempt or conspiracy to commit any of the offenses described in subparagraphs (i) through (xii) of this paragraph.
(23) "Felony drug offense" means:
(A) Any felony under article four, chapter sixty-a of this code; or
(B) Any unlawful act committed in violation of federal law or the law of any other state that:
(i) Is a felony or crime punishable by imprisonment for a term exceeding one year in the jurisdiction in which the offense was committed; and
(ii) Would, if committed in this state, based upon the facts determined by the trier of fact beyond a reasonable doubt in the proceedings in which the conviction was had, constitute an offense described in paragraph (A) of this subdivision.
(24) "Felony sexual offense":
(A) Means any felony upon conviction of which a person is required to register for any period of time as a sex offender under article twelve, chapter fifteen of this code; and
(B) Includes, but is not limited to:
(i) Any offense under the following provisions of this chapter that, at the time the offense was committed, was punishable as a felony:
(I) Section fourteen, article two;
(II) Sections six, seven or twelve, article eight of this chapter; or
(III) Article eight-b, including the provisions of former section six of said article, relating to the offense of sexual assault of a spouse, which was repealed;
(IV) Article eight-c;
(V) Sections five or six, article eight-d;
(VI) Section fourteen-b, article three-c, as it relates to violations of those provisions of this chapter that are listed in clauses (I) through (IV) of this paragraph; or
(ii) Any unlawful act committed in violation of federal law or the law of any other state that:
(I) Is a felony or crime punishable by imprisonment for a term exceeding one year in the jurisdiction in which the offense was committed; and
(II) Would, if committed in this state, based upon the facts determined by the trier of fact beyond a reasonable doubt in the proceedings in which the conviction was had, constitute an offense described in subparagraph (i) of this paragraph.
(25) "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; or
(26) "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.
(27) "Indictment" includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.
(28) "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.
(29) "Law-enforcement officer" means any law-enforcement officer or law-enforcement official, as those terms are defined in section one, article twenty-nine, chapter thirty of this code.
(30) "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 once would cause live, unexpended ammunition to be fired;
(B) Has live, unexpended ammunition in a magazine that is locked in place in the firearm;
(C) Has live, unexpended ammunition anywhere 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.
(31)(A) Except as provided in paragraph (B) of this subdivision, "misdemeanor crime of domestic violence" means an offense that:
(i) Under the laws of the jurisdiction in which the offense was committed, is a misdemeanor and, not a crime punishable by imprisonment for a term exceeding one year; 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)(i) 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:
(aa) The case was tried by a jury; or
(bb) The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this article if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms.
(32) "Offensive knife" means a:
(A) Knife with a blade over three and one-half inches;
(B) Hand instrument designed to cut or stab another by being thrown, including but not limited to any throwing star or oriental dart;
(C) Ballistic knife;
(D) Dagger, including but not limited to a dirk, stiletto, and poniard;
(E) Bowie knife;
(F) Gravity knife;
(G) Switchblade knife;
(H) Sword; or
(I) Spear,
but does not include any 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.
(33) "Private property owner" means any property owner other than:
(A) A public agency; or
(B) A lessee or other person charged with the care, custody or control of any property owned, leased or controlled by a public agency, except where the person is a lessee of a residential premises or is exercising temporary control over other premises the person exclusively occupies as a temporary place of lodging.
(31) "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.
(32) "Public agency" means:
(A) This state or any political subdivision of this state;
(B) Any department, agency, authority, board, commission, council, state institution of higher education as defined in section two, article one, chapter eighteen-b of this code, airport operator as defined in section two, article twenty-nine-b, chapter eight of this code, government corporation or other entity or instrumentality of this state or any political subdivision of this state;
(C) Any public agency within the meaning of section two, article nine-a, chapter six of this code; or
(D) Any public body within the meaning of section two, article one, chapter twenty-nine-b of this code;
(E) Any other entity or instrumentality:
(i) That receives a majority of its annual operating revenue from funds appropriated by the Legislature, the governing body of any political subdivision of this state, any entity described in paragraph (B), (C) or (D) of this subdivision or a combination of these sources; or
(ii) Whose chief executive or administrative officer or a majority of whose board of directors or substantially similar governing body is elected, appointed or subject to the confirmation of or removal by any entity otherwise described in this subdivision; or
(F) Any officer, director, employee or other agent of any entity described in paragraphs (A) through (E) of this subdivision.
(33) "Unloaded," with respect to a firearm, means the state of a firearm not being loaded, as that term is defined in subdivision (27) of this section.
§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 weapons shall apply to the sheriff of his or her the county for the license, and in which he or she resides. Each applicant shall pay to the sheriff, at the time of application, a fee of $75, of which $15 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 $90 unless the applicant is exempt from payment of the fee under subsection-o of this section. 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 the residence;
(3) That the applicant is at least 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 prohibited by section seven of this article from possessing firearms or carrying concealed weapons;
(4) (5) That the applicant is not addicted to alcohol, a controlled substance or a drug and is not an unlawful user thereof an inebriate as defined in section four, article one, chapter twenty-seven of this code;
(5) (6) 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
(8) 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) (9) That the applicant is physically and mentally competent to carry the concealed 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 demonstrating competence in handling and firing the weapon: Provided, That this requirement shall be waived in the case of a renewal applicant who has previously qualified a handgun; and
(11) That the applicant authorizes the sheriff of the county, or his or her designee, to whom the application is made to conduct an investigation relative to the information contained in the application.
(b) The sheriff to whom an application is made under this section shall conduct an investigation including a nationwide criminal background check, in order to verify that the information required in subdivisions (1), (2), (3), (5), (6), (8) and (9), subsection (a) of this section is true and correct statements made by the applicant in the application relative to the criteria specified in subsection (a) of this section are, in all material respects, true and correct, and whether the applicant is qualified for licensure under this section.
(c) Sixty dollars of the application fee and any fees for replacement of lost or stolen licenses The sheriff shall forward one-sixth of the application fee 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 sheriff shall forward one-sixth of the application fee to the courthouse facilities improvement fund created by section six, article twenty-six, chapter twenty-nine of this code, not later than the tenth day of the month following the month in which the sheriff collected the fee. The sheriff shall deposit the remaining two-thirds of each application fee and the whole amount of all other fees received by the sheriff shall be deposited by the sheriff under this section into a concealed weapons license administration fund. The 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 concealed weapons license must complete a training course demonstrate competence in handling and firing a handgun by any one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire: The successful completion of any of the following courses fulfills this training requirement
(1) Any Completion of any official National Rifle Association handgun safety or training course;
(2) Any Completion of 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 the institution;
(3) Any Completion of any handgun training or safety course or class conducted by a handgun instructor certified as such a handgun instructor by the state in which the course or class was conducted or by the National Rifle Association;
(4) Any Completion of any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard;
(5) Evidence the person is licensed or has been previously licensed in this state or a political subdivision thereof to carry firearms or concealed weapons, unless the most recent license has been revoked for cause and the revocation has not been vacated, set aside, reversed or otherwise overruled; or
(6) Evidence the person is an honorably retired law-enforcement officer exempt from payment of licensing fees pursuant to subsection (o) of this section.

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 subsection.
(e) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code of this state. 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 chapter.
(f) If the information in the application is found to be true and correct, the sheriff shall issue a license. The sheriff shall issue, reissue or deny the license within forty-five days after the application is filed if all required background checks authorized required 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 $15 which the sheriff shall forward to the superintendent of the West Virginia State Police within thirty days of receipt. The license All licenses issued under this section shall be valid for five years throughout the state for a period expiring on the licensee's first birthday occurring more than four years but not more than five years from the date of issue or, if the licensee is a renewal applicant and the renewal license is issued prior to the current license's expiration date, the licensee's first birthday occurring more than four years but not more than five years from the current license's expiration date, unless sooner revoked or voluntarily surrendered.
(h) All persons holding a current and valid concealed weapons license as of December 16, 1995, 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 January 1, 1997, for any person holding a current and valid concealed weapons license as of December 16, 1995, 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 and address of the licensee; and a space upon which the signature of the licensee shall be signed with pen and ink; and the telephone number of the concealed weapons license verification service operated by the superintendent of the State Police pursuant to subsection(1) of this section. 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 the license card is considered 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 the 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) 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. The 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 may 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) 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 $5 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. The sheriff shall furnish to the superintendent of the West Virginia State Police at any time so requested a certified list of all 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 and provide instantaneous verification of the validity of any license issued under this section to any criminal justice agency within the United States twenty-four hours a day, seven days a week, electronically or by telephone. The superintendent shall maintain and operate a concealed weapons license verification service, which shall be operational twenty-four hours a day, seven days a week, through a dedicated telephone number, for the purpose of responding to law- enforcement inquiries from any law-enforcement agency within the United States concerning the validity of a license issued under this section..
(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 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 or more than $200 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) A person who is engaged in the receipt, review or in the issuance or revocation of a concealed weapon license does not 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 any agency governed by article fourteen, chapter seven of this code; article fourteen, chapter eight of this code; article two, chapter fifteen of this code; and or 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.
(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 license issued in accordance with the provisions of this section authorizes the holder of the permit licensee to carry a concealed pistol or revolver weapons anywhere on the lands or waters of this state.
(q)(1) The Attorney General shall, not later than June 30 and December 31 of each year, notify the Governor, Attorney General and concealed weapons licensing authority of each state in writing of the provisions of this article and make written inquiry of whether the other state will extend full faith and credit to licenses issued under this section. The Attorney General shall negotiate and execute reciprocity agreements on behalf of this state with other states that require a reciprocity agreement to accord full faith and credit to licenses issued pursuant to this section. The Attorney General shall seek to establish, by reciprocity agreement or otherwise, the extension of full faith and credit to West Virginia licenses by all other states whose laws permit the same without a requirement for any additional license, qualification or payment of any fee by a West Virginia licensee. The Attorney General shall maintain efforts to obtain a reciprocity agreement from any state that may generally honor licenses issued by this state but affords greater recognition, including exemptions from obtaining an additional license if regularly employed, attending a higher education institution or conducting a business in that state, to licenses issued by states that have executed reciprocity agreements with that state. If a reciprocity agreement is reached or full reciprocity otherwise exists, the requirement to recontact the other state semiannually shall cease while the agreement is in force or full reciprocity is otherwise in effect.
(2) For the purposes of participation in reciprocity with other states, the official government-issued law-enforcement identification card issued to a law-enforcement officer in this state and a letter of authorization for a retired or medically discharged member of the State Police to carry handguns issued by the Superintendent of the State Police pursuant to §15-2-25 shall be considered a concealed weapons license issued by this state.
(3) On the first day of each regular session of the Legislature, the Attorney General shall publish and deliver to each house of the Legislature a report enumerating:
(A) The states honoring West Virginia concealed weapons licenses;
(B) The states that issue licenses similar to the license described in this section that have declined to enter into reciprocity agreements with this state and do not otherwise honor licenses issued by this state, the reasons stated therefor and whether each such state has a reciprocity agreement with any other state or otherwise recognizes licenses issued by any other state;
(C) Specific recommendations for amending this section that would result in additional states honoring concealed weapons licenses issued under this section; and
(D) Recommendations on the feasibility and expedience of the amendments proposed pursuant to paragraph (C) of this subdivision. The Legislature does not intend to enact any changes to this section that would require existing licensees to complete new training or otherwise substantially burden or inconvenience existing licensees.
§61-7-7. Persons prohibited from possessing firearms; classifications; reinstatement of rights to possess; offenses; penalties.

(a) Except as otherwise provided in this section, no person shall may possess a firearm or, as such is defined in section two of this article, who except in his or her residence or fixed place of business, carry on his or her person any concealed weapon other than a firearm or antique firearm, if that person:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is habitually addicted to alcohol a fugitive from justice;
(3) Is an unlawful user of or habitually addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or who has been involuntarily committed to a mental health facility institution pursuant to the provisions of chapter twenty-seven of this code: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession: Provided, however, That the mental hygiene commissioner or circuit judge shall first make a determination of the appropriate public or private individual or entity to act as conservator for the surrendered property;
(5) Is an alien 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;
(8) Is subject to a domestic violence protective court order that:
(A) Was issued after a hearing of which such person the respondent received actual notice and at which such person the respondent had an opportunity to participate;
(B) Restrains such person the respondent from harassing, stalking or threatening an intimate partner of such person the respondent or child of such the intimate partner or person respondent, 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 the respondent represents a credible threat to the physical safety of such the 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 of said article 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.
(b) Subsection (a) of this section does not apply to:
(1) Any person who has been granted relief from disabilities pursuant to the procedures specified in subsection (d) of this section;
(2) Any person whom the Attorney General of the United States has granted relief from disabilities pursuant to 18 U.S.C. § 925(b), if the relief granted pertains to all causes for which the person would otherwise be under disability under subsection (a) of this section;
(3) With respect to any event causing a disability that occurred in another state, any person who has received relief from disabilities under the laws of the state in which the disabling event occurred, if the relief granted effected the removal of federal firearm disabilities otherwise applicable pursuant to 18 U.S.C. § 922(g) and the laws of the state in which relief was granted;
(4) With respect to a disability under subdivision (4), subsection (a) of this section, any person who has received any relief from disability under any program or procedure that, under the NICS Improvement Amendments Act of 2007, removes federal firearm disabilities otherwise applicable pursuant to 18 U.S.C. § 922(g)(4); or
(5) The person has received any combination of the forms of relief described in subdivisions (1) through (4) of this subsection if, as a combined result of all applicable grants of relief the person has received, the person is not subject to any federal firearms disability otherwise applicable pursuant to 18 U.S.C. § 922(g).
(c) Any person who violates the provisions of this subsection (a) this section is shall be 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 for not less than ninety days nor more than one year, or both imprisoned for not less than one year nor more than ten years, fined not more than $10,000, 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) (d) Any person prohibited from possessing a firearm or carrying a concealed weapon 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 and or the circuit court of any county in which any disabling event under subsection (a) of this section occurred for relief from firearm disabilities. The petitioner shall serve a copy of the petition on the prosecuting attorney of the county in which the petition is filed and the prosecuting attorney of any county in which the petitioner was convicted of a criminal offense creating a disability under subsection (a) of this section or the equivalent official of the United States or any other state in which any such conviction occurred. The petitioner shall appear before the sheriff of the county in which the petition is to be filed and submit to fingerprinting for the purpose of a state and national criminal and mental health background check and pay the costs of fingerprinting and the background check. The sheriff shall provide the results of the background check to the court, the petitioner and each party the petitioner was required to serve a copy of the petition. The court shall, upon request of the petitioner or any party the petitioner is required to serve a copy of the petition, or may, upon its own motion, conduct a hearing on the petition and receive remonstrances and hear evidence and arguments for and against the petition before granting or denying relief. Each party entitled to request a hearing shall have at least fourteen days following the receipt of the petitioner's criminal and mental health background check results to request a hearing. The court may grant relief 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, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter circumstances regarding the disability and the petitioner's record and reputation are such that the petitioner will not be likely to act in a manner dangerous to public safety, that the granting of the relief would not be contrary to the public interest and that the possession of firearms by the petitioner following the granting of relief would not violate any federal law.
§61-7-14. Right of certain persons private property owners to limit possession of firearms deadly weapons on premises private property.
Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real
(a) Except as otherwise provided in this section, a private property owner may restrict or prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her the domain Provided, That for purposes of this section "person" means an individual or any entity which may acquire title to real property of the private property owner notwithstanding any license or other authorization any person subject to the restriction or prohibition has to carry the weapon.
(b) Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to either leave the premises or temporarily relinquish possession of such firearm or other any deadly weapon the person possesses or carries on private property in violation of a restriction or prohibition on the carrying of that weapon established by the private property owner pursuant to subsection (a) of this section, upon being lawfully requested to do so by the private property owner, or to leave such premises, while in possession of such firearm or other deadly weapon, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, 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 subsections (3) through (6) of section six of this code any officer, agent or employee of the United States, this state or any political subdivision of this state, while such persons are that person is 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.



NOTE: The purpose of this bill is to repeal the requirement of obtaining a license to carry a concealed weapon. This bill prohibits individuals who are prohibited by state law from possessing firearms from carrying any concealed weapon other than a firearm outside the person's residence or fixed place of business, increases the penalty for possession of a firearm or carrying a concealed weapon by a prohibited possessor from a misdemeanor to a felony and, provides additional means of obtaining relief from disabilities. This bill continues the issuance of concealed weapons licenses to permit qualifying West Virginia residents to obtain a license for reciprocity purposes when traveling in states that require a license and which will recognize a West Virginia license.

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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