H. B. 4077

(By Delegates Linch, Staton, Manuel, Amores, J. Martin,
Riggs and Thomas)


[Introduced January 16, 1996; referred to the Committee on the Judiciary.]

A BILL to amend and reenact sections four, five and six, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to procedures for licensing persons to carry concealed deadly weapons; shifting concealed deadly weapons licensing authority from circuit judges to sheriffs; changing license issuance requirements; preventing those persons adjudicated mentally incomplete or charged or serving sentences for domestic violence from receiving concealed weapons licenses; modifying applicants background check verification requirements; modifying the appeal process for denied concealed weapons licenses; establishing authority of sheriffs to revoke concealed weapons licenses; directing that all license fees paid to the sheriff be deposited in a special fund to be administered by the sheriff; allowing military handgun training to be utilized in meeting training requirements for concealed handgun or revolver license; creating penalties for concealed weapons licensee for failure to have identification and concealed weapon license in his or her possession when carrying a concealed weapon, and adding certain circuit judges and supreme court of appeals justices to persons who can carry a concealed weapon without a license.

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 sheriff of his or her county for such license, and shall pay to the clerk of the circuit court sheriff, at the time of application, a filing fee of twenty dollars. The applicant Each new applicant shall file with the sheriff, clerk of the circuit court an a notarized application, prepared by the state tax commissioner, in writing, duly verified and affirmed, which sets forth only the following:
(1) The applicants full name, date of birth, social security number and a description of the applicants physical features;
(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 and has a valid drivers license or other state issued photo identification showing such residence;
(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 a deadly weapon;
(6) That the applicant has no criminal charges pending or is not currently serving a sentence of confinement, parole, probation or other court ordered supervision, because of a charge of domestic violence as provided for in section twenty-eight, article two of this chapter, or is the subject of a restraining order as a result of a domestic violence act as defined in said section;
(7) That the applicant is physically and mentally competent to carry such weapon;
(8) That the applicant has not been adjudicated to be mentally incompetent;
(8)(9) That, in the case of a person applying for a license to carry a concealed pistol or revolver handgun, the applicant has qualified under minimum requirements set forth in subsection (b) of this section for handling and firing such firearms handgun:. These minimum requirements are those promulgated by the department of natural resources and attained under the auspices of the department of natural resources: Provided, That the court shall waive this requirement shall be waved 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:
(10) That the applicant authorizes the sheriff of the county, or his or her designee, to conduct an investigation relative to the information contained in the application.
The sheriff shall conduct an investigation which shall verify that the information required in subdivisions (1), (2), (3), (5), (6) and (9) of this subsection are true and correct.
(b) All persons applying for a license must complete a training course in handling and firing a handgun. The successful completion of any of the following courses fulfills this training requirement:
(A) (1) Successful completion of a Any official national rifle association firearms handgun safety or training course;
(B) (2) Successful completion of any Any firearms handgun 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 handgun training school, utilizing instructors duly certified by such institution; currently certified by the national rifle association;
(C) (3) Successful completion of any Any firearms Handgun training or safety course or class conducted by a firearms handgun instructor certified as such by the state or by the national rifle association.
(4) Any handgun training or safety course or class conducted by any branch of the United States military, reserve or national guard.
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.
(c) All concealed weapons license applications must be notarized by a notary public duly licensed under article four, chapter twenty-nine of this code. Falsification of any portion of the application is false swearing and punishable under the provisions of section two, article five of chapter sixty-one of this code.
(d) If the information in the application is found to be true and correct, the sheriff shall issue a license.(b) The court sheriff shall issue or deny such the license within thirty days after the application is filed if all required background checks authorized by this section are completed, and no later than forty-five days regardless of whether these background checks have been completed. with the circuit clerk. The court shall, if necessary, hear evidence upon all matters stated in 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 b (e) Before any approved 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 throughout the state, unless sooner revoked.
(f) All persons holding a current and valid concealed weapons license as of December 16, 1995 shall continue to hold a valid concealed weapons license until his or her license expires or is revoked as provided for in this article. All reapplication and license fees shall be waved for any person holding a valid and current concealed weapons license as of December 16, 1995 which contains use restrictions placed upon the license as a condition of issuance by the issuing circuit court, for any reapplications received by a county sheriff prior to January 1, 1997.
(g) Each license shall contain the full name, social security number and address of the licensee and a space upon which the signature of the licensee shall be signed with pen and ink.
(e)All license fees collected pursuant to this section by the sheriff shall be paid by the sheriff and accounted for to the auditor as other license taxes are collected and paid, and the (h) The state tax commissioner shall prepare all suitable forms uniform applications for licenses and license cards certificates showing that such license has been granted and shall do any other act required to be done to protect the state and see to the enforcement of this section.
(i) All proceeds received by the sheriff associated with issuing concealed weapons licenses shall be deposited by the sheriff into a concealed weapons license administration fund. Such fund shall be administered by the sheriff and shall take the form of an interest bearing account with any interest earned to be compounded to the fund. Any funds deposited in this concealed weapon license administration fund are to be expended by the sheriff to pay for the costs associated with issuing concealed weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended for other law enforcement purposes or operating needs of the sheriffs office, as the sheriff may deem appropriate.
(j) In the event an application is denied, the specific reasons for the denial shall be stated by the sheriff denying the application. Any person denied a license may file, in the circuit court of the county in which the application was made, a petition seeking review of the denial. Such petition shall be filed within thirty days of the denial. The court shall then determine whether the applicant is entitled to the issuance of a license under the criteria set forth in this section. 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. If the final order upholds the denial, the applicant may file an appeal in accordance with the rules of appellate procedure of the supreme court of appeals.
(k) In the event a license is lost or destroyed, the person to whom the license was issued may obtain a duplicate or substitute license for a fee of five dollars by filing a notarized statement with the sheriff indicating that the license has been lost or destroyed.
(f) (l) The clerk of the circuit court sheriff shall, immediately after the license is granted as aforesaid, furnish the superintendent of the West Virginia state police of the department of public safety a certified copy of the order of the court granting such license approved application. 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 sheriff to furnish to the superintendent of the West Virginia state police of the department of public safety at any time so requested, a certified list of all such licenses issued in the county.
(m) All licensees must carry with them a state issued photo identification with the concealed weapons license whenever the licensee is carrying a concealed weapon. Any licensee who fails to have in his or her possession a state issued photo identification card and a current concealed weapons license while carrying a concealed weapon will be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty or more that two hundred dollars for each offense.
(n) The sheriff shall revoke any existing license upon determination that any of the licensing application requirements established in this section have been violated by the licensee.
(g) (o) No person who is engaged in the receipt, review, or in the issuance or revocation of such a concealed weapon license shall incur any civil liability as the result of the lawful performance of his or her duties under this article.

§61-7-5. Revocation of license.

A license to carry a deadly weapon shall be deemed revoked at such time as the person licensed becomes unable to meet the criteria for initial licensure set forth in section four of this article. Any person licensed under the provisions of this article shall immediately surrender his or her license to the circuit court issuing sheriff upon becoming ineligible for continued licensure.

§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 home, residence or place of business to a place of target practice, and from any such place of target practice back to his home, residence or place of business, for using any such weapon at such place of target practice in training and improving his skill in the use of such 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 of corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while such employee is on duty;
(5) Any member of the armed forces of the United States or the militia of this state while such member is on duty;
(6) Any active or retired West Virginia supreme court of appeals justice, any active or retired circuit judge, and any currently serving prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney.
(7) Any person who has been issued a license to carry a concealed weapon by another state or 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 section four of this article.

NOTE: The purpose of this bill is to authorize sheriffs to issue concealed weapons licenses rather than judges of the circuit court; removes from the Department of Natural Resources the responsibility of promulgating guidelines for training and handling handguns, establishes criteria for the form of licenses and sets out responsibilities of the sheriffs in conducting concealed weapons licenses application investigations. Creates a fund administered by county sheriffs to cover the costs associated with issuing concealed weapons licenses and adds a false swearing penalty for falsification of concealed weapons application information and failure of a licensee to carry adequate identification when carrying a license for a concealed weapon. The bill also exempts certain judges from having a license to carry a concealed weapon, and establishes reciprocity for concealed weapon license from other states that recognize valid West Virginia concealed weapons licenses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.