H. B. 2682
(By Delegate Boggs, Yeager, Proudfoot and Kuhn)
[Introduced March 24, 1997; referred to the
Committee on the Judiciary.]
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 exceptions as
to prohibitions against carrying concealed deadly weapons.
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
not apply to:
(1) Any person carrying a deadly weapon upon his 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 a place of target practice in training and
improving his
or her skill in the use of
such these 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 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 state or political subdivision thereof shall likewise
recognize and honor West Virginia licenses issued pursuant to
section four of this article;
and
(8) Magistrates who have met criteria set forth in section
four, article one, chapter fifty of this code.
NOTE: The purpose of this bill is to exempt magistrates
from obtaining a concealed weapons permit.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.