COMMITTEE SUBSTITUTE
FOR
H. B. 2651
(By Delegates Martin, Michael and Mezzatesta)
(Originating in the House Committee on the Judiciary)
[February 3, 1998]
A BILL to amend and reenact section six, article seven, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to exempting
probation officers from prohibitions against carrying deadly
weapons upon completion of weapons training requirements.
Be it enacted by the Legislature of West Virginia:
That section six, 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.
§61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.
The licensure provisions set forth in this article
shall may
not apply to:
(1) Any person carrying a deadly weapon upon his
or her own premises; nor shall anything herein 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 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
such place of target practice back to his
or her home, residence or
place of business, for using any
such weapon at
such the place of
target practice in training and improving his
or her skill in the
use of
such the weapons;
(3) Any law-enforcement officer or law-enforcement official
as
such are defined in section one, article twenty-nine, chapter
thirty of this code;
(4) Any employee of the West Virginia
department division of
corrections duly appointed pursuant to the provisions of section
five, article five, chapter twenty-eight of this code while
such the employee is on duty;
(5) Any member of the armed forces of the United States or the
militia of this state while
such 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 probation officer appointed under the provisions of
section five, article twelve, chapter sixty-two of this code, upon
the completion of the training requirements of subsection (d),
section four of this article;
(7) (8) Any resident of another state, who has been issued
a license to carry a concealed weapon by that state or a political
subdivision thereof, shall be exempt from the licensing
requirements of section four of this article:
Provided, That
such
the state or political subdivision thereof shall likewise recognize
and honor West Virginia licenses issued pursuant to section four of
this article.
NOTE: The purpose of this bill is to allow probation officers
to carry firearms.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.