H. B. 4338
(By Delegate Carmichael)
[Introduced January 30, 2008; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-58 of the Code of West Virginia,
1931, as amended, relating to the discharging of firearms
within a certain distance of a dwelling house.
Be it enacted by the Legislature of West Virginia:
That §20-2-58 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-58. Shooting across road or near building or crowd;
penalty.
It
shall be is unlawful for any person to shoot or discharge
any firearms across or in any public road in this state, at any
time, or within four hundred feet of any schoolhouse or church, or
within five hundred feet of any dwelling house, or on or near any
park or other place where persons gather for purposes of pleasure,
and any person violating this section is guilty of a misdemeanor:
Provided, That
it is lawful for any person to shoot or discharge
any firearm within five hundred feet of any dwelling house in a
safe and accurate manner if that person obtains a permit to do so
from the Director of the Division of Natural Resources: Provided,
however, That any person operating a gun repair shop, licensed to
do business in the State of West Virginia and duly licensed under
applicable federal statutes, may be exempted from the prohibition
established by this section and section twelve, article seven,
chapter sixty-one of this code for the purpose of test firing a
firearm. The Director of the Department of Natural Resources shall
prescribe
such rules as
may be necessary to carry out the purposes
of the exemption under this section and section twelve, article
seven, chapter sixty-one and shall ensure that any person residing
in any dwelling home within five hundred feet of
such a gun repair
shop be given an opportunity to protest the granting of such
exemption.
NOTE: The purpose of this bill is to make it lawful for any
person to discharge a firearm within five hundred feet of any
dwelling house in a safe and accurate manner if that person obtains
a permit to do so from the Director of the Division of Natural
Resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.