ENGROSSED
Senate Bill No. 35
(By Senators Wiedebusch, Anderson, Claypole,
Dittmar, Miller, Ross and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 14, 1994.]
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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 adding probation
officers and retired or medically discharged municipal or
county law-enforcement officers to the list of officials
exempt from prohibitions against carrying deadly weapons;
and limitations and revocations.
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 notapply 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 division of
corrections duly appointed pursuant to the provisions of sectionfive, 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, prosecuting attorney, assistant
prosecuting attorney or a duly appointed investigator employed by
a prosecuting attorney;
(7) A probation officer appointed under the provisions of
section five, article twelve, chapter sixty-two of this code;
(8) Any retired or medically discharged municipal or county
law-enforcement officer who has received written authorization
from the chief law-enforcement officer of the department or
agency by whom the officer was employed. The exemption conferred
by this subdivision shall be limited to a period of five years
after the officer's retirement or medical discharge and such
authority shall be revoked immediately, without recourse, upon
said retired or medically discharged officer being convicted of
any felony or for a misdemeanor involving the improper or illegal
use of a firearm. Additionally, the chief law-enforcement
officer may withdraw any retired or medically discharged
officer's authority to carry a concealed firearm without
obtaining a license thereto for good cause shown. During the
period of exemption granted by this subdivision, the
law-enforcement agency from which the officer retired or from
which he or she was medically discharged shall be responsible for
any bond which may be required to effectuate the provisions ofthis subdivision.
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