H. B. 4775
(By Delegates Wysong, Tabb and Doyle)
[Introduced February 24, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-7-6 of the Code of West Virginia,
1931, as amended, relating to allowing law-enforcement
officers from other states authorized to carry a weapon in the
performance of their duties, to carry weapons in West Virginia
without a license when the other state allows law-enforcement
officers from West Virginia to carry weapons in that state
without a license.
Be it enacted by the Legislature of West Virginia:
That §61-7-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6. Exceptions as to prohibitions against carrying concealed
deadly weapons.
The licensure provisions set forth in this article do not
apply to:
(1) Any person carrying a deadly weapon upon his or her own
premises; nor
shall anything herein does this article prevent a person from carrying any firearm, unloaded, from the place of
purchase to his or her home, residence or place of business or to
a place of repair and back to his or her home, residence or place
of business, nor
shall anything herein does this article prohibit
a person from possessing a firearm while hunting in a lawful manner
or while traveling from his or her home, residence or place of
business to a hunting site and returning to his or her home,
residence or place of business;
(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;
(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section five, article
five, chapter twenty-eight of this code while the employee is on
duty;
(5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;
(6) Any circuit judge, including any retired circuit judge
designated senior status by the Supreme Court of Appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney;
(7) Any resident of another state who has been issued a
license to carry a concealed weapon by a state or a political
subdivision which has entered into a reciprocity agreement with
this state. The Governor may execute reciprocity agreements on
behalf of the State of West Virginia with states or political
subdivisions which have similar gun permitting laws and which
recognize and honor West Virginia licenses issued pursuant to
section four of this article;
(8) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty;
and
(9) Any Hatfield-McCoy Regional Recreation Authority ranger
while the ranger is on duty;
and
(10) Any law-enforcement officer of another state or of a
local governmental unit of another state authorized to carry a
weapon in the performance of the officer's duty, when the other
state allows a law-enforcement officer from West Virginia to carry
a weapon in that state without a license.
NOTE: The purpose of this bill is to allow law-enforcement
officers from other states authorized to carry a weapon in the
performance of their duties to carry weapons in West Virginia without a license when the other state allows law-enforcement
officers from West Virginia to carry weapons in that state without
a license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.