H. B. 3109
(By Delegates Varner, Williams, Mahan, Beach,
Craig, Boggs, Proudfoot, Perdue, Barker, Morgan and G. White)
[Introduced March 21, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-7-6 of the Code of West Virginia,
1931, as amended, relating to allowing a nonresident, licensed
to carry concealed weapons in another state, to carry a
concealed weapon in this state pursuant to the provisions of
their out-of-state license without the necessity of a
reciprocal agreement existing between the nonresident's state
and this state.
Be it enacted by the Legislature of West Virginia:
That §61-7-6 of the Code of West Virginia, 1931, 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 do 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
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
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 section five, article
five, chapter twenty-eight of this code while the employee is on
duty;
(5) Any member of the Armed Forces of the United States or the
militia of this state while 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
or permit to carry a concealed weapon by
a another state.
or a political subdivision which has entered into a reciprocity
agreement with this state. The governor may execute reciprocity
agreements on behalf of the state of West Virginia with states or
political subdivisions which have similar gun permitting laws and
which recognize and honor West Virginia licenses issued pursuant to
section four of this article This subsection applies only while the
licensee or permit holder is not a resident of this state:
Provided, That the nonresident licensee or permit holder must
comply with all applicable state laws while carrying any concealed
weapon;
(8) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and
(9) Any Hatfield-McCoy regional recreation authority ranger
while the ranger is on duty.
NOTE: The purpose of this bill is
to allow a nonresident,
licensed to carry concealed weapons in another state, to carry a
concealed weapon in this state pursuant to the provisions of their
out-of-state license without the necessity of a reciprocal
agreement existing between the nonresident's state and this state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.