COMMITTEE SUBSTITUTE
FOR
H. B. 4077
(By Delegates Linch, Staton, Manuel, Amores, J. Martin,
Riggs and Thomas)
[Originating in the House Committee on the Judiciary.]
[February 2, 1996]
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, all relating
to licensing requirements for carrying concealed deadly
weapons; shifting concealed deadly weapons licensing
authority from circuit judges to sheriffs; changing license
issuance requirements; preventing those persons either
adjudicated mentally incompetent, with criminal charges
pending, charged or serving sentences for domestic violence,
or subject to a domestic violence petition from receiving
concealed weapons licenses; modifying applicants background
check verification requirements; requiring all concealed
weapons applicants to receive training; modifying the appeal
process for denied concealed weapons licenses; establishing
authority of sheriffs to revoke concealed weapons licenses;
directing that certain license fees paid to the sheriff be
deposited in a special fund to be administered by the
sheriff; providing a portion of the licensing fee be
distributed to the state police; directing the state police to develop concealed weapons license cards and application
forms; creating a criminal penalty for false swearing for
falsifying a permit application; allowing military handgun
training to be utilized in meeting training requirements for
concealed handgun or revolver license; modifying training
program requirements; creating criminal penalties for
concealed weapons licensee for failure to have
identification and concealed weapon license in his or her
possession when carrying a concealed weapon; allowing
certain current licensees to renew their license without
paying application fees; excluding retired state police
officers from certain licensing requirements; and adding
certain retired circuit judges to persons who can carry a
concealed weapon without a license.
Be it enacted by the Legislature of West Virginia:
That sections four, five and six of article seven, chapter
sixty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.
(a) Except as provided in subsection (h) of this section,
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 sixty dollars.
The applicant Each applicant shall file with the
sheriff, clerk of the circuit court an a
complete application, as prepared by the superintendent of the
West Virginia state police, in writing, duly verified, which sets
forth
only the following
licensing requirements:
(1) The applicant's full name, date of birth, social
security number and a description of the applicant's 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 driver's 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 and
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 that
section, or because of a verified petition of domestic violence as provided for in article two-a, chapter forty-eight of this
code or is subject to a protective order as provided for in that
article;
(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 the applicant has
qualified under
the minimum requirements
set forth in subsection
(d) of this section for handling and firing such
firearms
weapon:. 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 waived 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.
(b) The sheriff shall conduct an investigation which shall
verify that the information required in subdivisions (1), (2),
(3), (5), (6), (8) and (9) of subsection (a) are true and
correct.
(c) The sixty dollar application fee and any fees for
replacement of lost or stolen licenses received by the sheriff 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.
(d) 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.
(e) 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 constitutes false swearing and is punishable
under the provisions of section two, article five of chapter
sixty-one of this code.
(f) 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 (g) 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 fifteen
dollars
which the sheriff shall forward to the superintendent of
the West Virginia state police within thirty days of receipt.
Any such license shall be valid for five years
throughout the
state, unless sooner revoked.
(h) 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: Provided, That
all reapplication fees shall be waived for applications received by January 1, 1997, for any person holding a current and valid
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. Any licenses reissued
pursuant to this subsection will be issued for the time period of
the original license.
(i) 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. The issuing sheriff shall sign and attach his or her seal
to all license cards.
(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
(j) The state tax commissioner superintendent of the West
Virginia state police 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.
(k) 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.
(l) 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) (m) 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.
The
superintendent of the West Virginia state police shall maintain
a registry of all persons who have been issued concealed weapons
licenses.
(n) All licensees must carry with them a state issued photo identification card 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 shall 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.
(o) The sheriff shall deny any application or revoke any
existing license upon determination that any of the licensing
application requirements established in this section have been
violated by the licensee.
(g) (p) 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.
(h)
(q) Notwithstanding the provisions of subsection
s (a)
and (d) of this section, with respect to application by a former
law-enforcement officer honorably retired from agencies governed
by article fourteen, chapter seven; article fourteen, chapter
eight;
article two, chapter fifteen; and article seven, chapter
twenty of this code, an honorably retired officer is exempt from
payment of fees and costs as otherwise required by this section,
and the application of the honorably retired officer shall be
granted without proof or inquiry by the
court sheriff as to those
requirements set forth in subdivision
s (6) and (8) (9) of
subsection
(a) (b) of this section, if the officer meets the
requirements of subdivisions (1) through (5) and subdivision (7) of subsection (a) remainder of the requirements of this section
and has the approval of the appropriate chief law-enforcement
officer.
§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 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.
NOTE: The purpose of this bill is to authorize sheriffs to
issue concealed weapons licenses rather than circuit court
judges; 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 penalties for a licensee carrying a
concealed weapon without carrying the license card. Modifies
some licensing requirements. 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; provides a portion of the application fee be
provided to the state police to cover costs associated with
licensing. Exempts retired state police from certain
licensing requirements. 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.