H. B. 2554
(By Delegates Kiss, Reed, Love and Riggs)
[Introduced March 11, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article seven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to license to carry
deadly weapons; and authorizing the sheriff of the county in
which application is made to establish minimum requirements
to obtain a license to carry a concealed pistol or revolver
instead of the division of natural resources.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.
(a) Any person desiring to obtain a state license to carry
a concealed deadly weapon shall apply to the circuit court of his
or her county for such license, and shall pay to the clerk of the
circuit court, at the time of application, a filing fee of twentydollars. The applicant shall file with the clerk of the circuit
court an application in writing, duly verified, which sets forth
the following:
(1) That the applicant is a citizen of the United States of
America or lawfully resides in the United States of America;
(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;
(3) That the applicant is eighteen years of age or older;
(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug, and is not an unlawful user
thereof;
(5) That the applicant has not been convicted of a felony or
of an act of violence involving the misuse of such deadly weapon;
(6) That the applicant desires to carry such deadly weapon
for the defense of self, family, home or state, or other lawful
purpose;
(7) That the applicant is physically and mentally competent
to carry such weapon;
(8) That, in the case of a person applying for a license to
carry a concealed pistol or revolver, the applicant has qualified
under minimum requirements for handling and firing such firearms.
These minimum requirements are those promulgated by the
department of natural resources sheriff of the county in which
the application is made: and attained under the auspices of the
department of natural resources Provided, That the court shallwaive this requirement in the case of a renewal applicant who has
previously qualified: Provided, however, That the following may
be substituted for those minimum requirements promulgated by the
department of natural resources sheriff of the county in which
the application is made:
(A) Successful completion of any official national rifle
association firearms safety or training course;
(B) Successful completion of any firearms 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 firearms training school, utilizing instructors
currently certified by the national rifle association;
(C) Successful completion of any firearms training or safety
course or class conducted by a firearms instructor certified as
such by the state or by the national rifle association.
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.
(b) The court shall issue or deny such license within thirty
days after the application is filed with the circuit clerk. The
court shall, if necessary, hear evidence upon all matters statedin such application and upon any other matter related to the
eligibility of the applicant under subsection (a) of this
section. If from such application or the proof it appears that
the purpose for such person to carry such weapon is defense of
self, family, home or state, or other lawful purpose, and all
other conditions in subsection (a) are complied with, the court,
or the judge thereof in vacation, shall grant such license.
(c) In the event an application is denied, the specific
reasons for the denial shall be stated in the order of the court
denying the application. Upon denial of an application and at
the request of the applicant made within ten days of such denial,
the court shall schedule the matter for a hearing. The applicant
may be represented by counsel, but in no case shall the court be
required to appoint counsel for an applicant. The final order of
the court shall include the court's findings of fact and
conclusions of law.
(d) If an application is approved, the court shall require
in its order granting the license that before any license shall
be issued or become effective, the applicant shall pay to the
sheriff a license fee in the amount of fifty dollars. Any such
license shall be valid for five years, unless sooner revoked.
(e) All license fees collected hereunder shall be paid by
the sheriff and accounted for to the auditor as other license
taxes are collected and paid, and the state tax commissioner
shall prepare all suitable forms for licenses and certificates
showing that such license has been granted and shall do any otheract required to be done to protect the state and see to the
enforcement of this section.
(f) The clerk of the circuit court shall, immediately after
the license is granted as aforesaid, furnish the superintendent
of the department of public safety a certified copy of the order
of the court granting such license, for which service the clerk
shall be paid a fee of two dollars which shall be taxed as costs
in the proceeding. It shall be the duty of the clerk of each
circuit court to furnish to the superintendent of the department
of public safety, at any time so requested, a certified list of
all such licenses issued in the county.
(g) No person who is engaged in the receipt, review, or in
the issuance of such license shall incur any civil liability as
the result of the lawful performance of his or her duties under
this article.
NOTE: The purpose of this bill is to remove the division of
natural resources from any responsibility in concealed weapons
permits and reassign the responsibility to the sheriff of the
county in which the application is made.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.