1                        H. B. 4186

2

3      (By Delegates R. Phillips, White,

4      Tomblin, Marcum, Hamilton, Evans, A.,

5      Ashley, Barker, Boggs, Hartman and Sponaugle)

6  

7      [Introduced January 15, 2014; referred to the

8      Committee on the Judiciary.]

9

10 A BILL to amend and reenact §61-7-4 of the Code of West Virginia,

11 1931, as amended, relating to the procedures for issuing a

12 concealed weapon license; adding requirements to ensure that

13 an applicant is not prohibited under the provisions of state

14 or federal law from the receipt or possession of a firearm.

15 Be it enacted by the Legislature of West Virginia:

16     That §61-7-4 of the Code of West Virginia, 1931, as amended,

17 be amended and reenacted to read as follows:

18 ARTICLE 7. DANGEROUS WEAPONS.

19 §61-7-4. License to carry deadly weapons; how obtained.

20     (a) Except as provided in subsection (h) of this section, any

21 person desiring to obtain a state license to carry a concealed

22 deadly weapon shall apply to the sheriff of his or her county for

23 the license, and shall pay to the sheriff, at the time of

24 application, a fee of $75, of which $15 of that amount shall be

25 deposited in the Courthouse Facilities Improvement Fund created by

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1 section six, article twenty-six, chapter twenty-nine of this code.

2 Concealed weapons permits may only be issued for pistols or

3 revolvers. Each applicant shall file with the sheriff a complete

4 application, as prepared by the Superintendent of the West Virginia

5 State Police, in writing, duly verified, which sets forth only the

6 following licensing requirements:

7 (1) The applicant's full name, date of birth, Social Security

8 number, a description of the applicant's physical features, the

9 applicant’s place of birth, the applicant’s country of citizenship

10 and, if the applicant is not a United States citizen, any alien or

11 admission number issued by the United States Bureau of Immigration

12 and Customs enforcement, and any basis, if applicable, for an

13 exception to the prohibitions of 18 U. S. C. § 922(g)(5)(B);

14     (2) That, on the date the application is made, the applicant

15 is a bona fide resident of this state and of the county in which

16 the application is made and has a valid driver's license or other

17 state-issued photo identification showing the residence;

18     (3) That the applicant is twenty-one years of age or older:

19 Provided, That any individual who is less than twenty-one years of

20 age and possesses a properly issued concealed weapons license as of

21 the effective date of this article shall be licensed to maintain

22 his or her concealed weapons license notwithstanding the provisions

23 of this section requiring new applicants to be at least twenty-one

24 years of age: Provided, however, That upon a showing of any

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1 applicant who is eighteen years of age or older that he or she is

2 required to carry a concealed weapon as a condition for employment,

3 and presents satisfactory proof to the sheriff thereof, then he or

4 she shall be issued a license upon meeting all other conditions of

5 this section. Upon discontinuance of employment that requires the

6 concealed weapons license, if the individual issued the license is

7 not yet twenty-one years of age, then the individual issued the

8 license is no longer eligible and must return his or her license to

9 the issuing sheriff;

10     (4) That the applicant is not addicted to alcohol, a

11 controlled substance or a drug and is not an unlawful user thereof

12 as evidenced by either of the following within the three years

13 immediately prior to the application:

14     (A) Residential or court-ordered treatment for alcoholism or

15 alcohol detoxification or drug treatment; or

16     (B) Two or more convictions for driving while under the

17 influence or driving while impaired;

18     (5) That the applicant has not been convicted of a felony

19 unless the conviction has been expunged or set aside or the

20 applicant’s civil rights have been restored or the applicant has

21 been unconditionally pardoned for the offense;

22     (6) That the applicant has not been convicted of a misdemeanor

23 crime of violence other than an offense set forth in subsection (7)

24 of this section in the five years immediately preceding the

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1 application;

2 (7) That the applicant has not been convicted of a misdemeanor

3 crime of domestic violence as defined in 18 U. S. C. § 921(a)(33),

4 or a misdemeanor offense of assault or battery either under the

5 provisions of section twenty-eight, article two of this chapter or

6 the provisions of subsection (b) or (c), section nine, article two

7 of this chapter in which the victim was a current or former spouse,

8 current or former sexual or intimate partner, person with whom the

9 defendant cohabits or has cohabited, a parent or guardian, the

10 defendant’s child or ward or a member of the defendant’s household

11 at the time of the offense, or a misdemeanor offense with similar

12 essential elements in a jurisdiction other than this state;

13     (8) That the applicant is not under indictment for a felony

14 offense or is not currently serving a sentence of confinement,

15 parole, probation or other court-ordered supervision imposed by a

16 court of any jurisdiction or is the subject of an emergency or

17 temporary domestic violence protective order or is the subject of

18 a final domestic violence protective order entered by a court of

19 any jurisdiction;

20     (9) That the applicant has not been adjudicated to be mentally

21 incompetent or involuntarily committed to a mental institution. If

22 the applicant has been adjudicated mentally incompetent or

23 involuntarily committed the applicant must provide a court order

24 reflecting that the applicant is no longer under such disability

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1 and the applicant’s right to possess or receive a firearm has been

2 restored;

3 (10) That the applicant is not prohibited under the provisions

4 of section seven of this article or federal law, including

5 18 U.S.C. § 922(q) or (n), from receiving, possessing or

6 transporting a firearm;

7 (10) (11) That the applicant has qualified under the minimum

8 requirements set forth in subsection (d) of this section for

9 handling and firing the weapon: Provided, That this requirement

10 shall be waived in the case of a renewal applicant who has

11 previously qualified; and

12     (11) (12) That the applicant authorizes the sheriff of the

13 county, or his or her designee, to conduct an investigation

14 relative to the information contained in the application.

15     (b) For both initial and renewal applications, the sheriff

16 shall conduct an investigation including a nationwide criminal

17 background check consisting of inquiries of the National Instant

18 Criminal Background Check System, the West Virginia criminal

19 history record responses and the National Interstate Identification

20 Index and shall review the information received in order to verify

21 that the information required in subsection (a) of this section is

22 true and correct. A license may not be issued unless the issuing

23 sheriff has verified through the National Instant Criminal

24 Background Check System that the information available to him or

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1 her does not indicate that receipt or possession of a firearm by

2 the applicant would be in violation of the provisions of section

3 seven of this article or federal law, including 18 U.S.C. § 922(g)

4 or (n).

5 (c) Sixty dollars of the application fee and any fees for

6 replacement of lost or stolen licenses received by the sheriff

7 shall be deposited by the sheriff into a concealed weapons license

8 administration fund. The fund shall be administered by the sheriff

9 and shall take the form of an interest-bearing account with any

10 interest earned to be compounded to the fund. Any funds deposited

11 in this concealed weapon license administration fund are to be

12 expended by the sheriff to pay for the costs associated with

13 issuing concealed weapons licenses. Any surplus in the fund on

14 hand at the end of each fiscal year may be expended for other law-

15 enforcement purposes or operating needs of the sheriff’s office, as

16 the sheriff may consider considers appropriate.

17     (d) All persons applying for a license must complete a

18 training course in handling and firing a handgun. The successful

19 completion of any of the following courses fulfills this training

20 requirement:

21     (1) Any official National Rifle Association handgun safety or

22 training course;

23     (2) Any handgun safety or training course or class available

24 to the general public offered by an official law-enforcement

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1 organization, community college, junior college, college or private

2 or public institution or organization or handgun training school

3 utilizing instructors duly certified by the institution;

4 (3) Any handgun training or safety course or class conducted

5 by a handgun instructor certified as such by the state or by the

6 National Rifle Association;

7 (4) Any handgun training or safety course or class conducted

8 by any branch of the United States Military, Reserve or National

9 Guard or proof of other handgun qualification received while

10 serving in any branch of the United States Military, Reserve or

11 National Guard.

12     A photocopy of a certificate of completion of any of the

13 courses or classes or an affidavit from the instructor, school,

14 club, organization or group that conducted or taught said the

15 course or class attesting to the successful completion of the

16 course or class by the applicant or a copy of any document which

17 shows successful completion of the course or class shall constitute

18 is evidence of qualification under this section.

19     (e) All concealed weapons license applications must be

20 notarized by a notary public duly licensed under article four,

21 chapter twenty-nine of this code. Falsification of any portion of

22 the application constitutes false swearing and is punishable under

23 the provisions of section two, article five, chapter sixty-one of

24 this code.

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1 (f) The sheriff shall issue a license unless he or she

2 determines that the application is incomplete, that it contains

3 statements that are materially false or incorrect or that applicant

4 otherwise does not meet the requirements set forth in this section.

5 The sheriff shall issue, reissue or deny the license within forty-

6 five days after the application is filed if all required background

7 checks authorized by this section are completed.

8 (g) Before any approved license shall be is issued or become

9 is effective, the applicant shall pay to the sheriff a fee in the

10 amount of $25 which the sheriff shall forward to the Superintendent

11 of the West Virginia State Police within thirty days of receipt.

12 The license shall be is valid for five years throughout the state,

13 unless sooner revoked.

14     (h) Each license shall contain the full name and address of

15 the licensee and a space upon which the signature of the licensee

16 shall be signed with pen and ink. The issuing sheriff shall sign

17 and attach his or her seal to all license cards. The sheriff shall

18 provide to each new licensee a duplicate license card, in size

19 similar to other state identification cards and licenses, suitable

20 for carrying in a wallet, and the license card is considered a

21 license for the purposes of this section.

22     (i) The Superintendent of the West Virginia State Police shall

23 prepare uniform applications for licenses and license cards showing

24 that the license has been granted and shall do any other act

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1 required to be done to protect the state and see to the enforcement

2 of this section.

3 (j) If an application is denied, the specific reasons for the

4 denial shall be stated by the sheriff denying the application. Any

5 person denied a license may file, in the circuit court of the

6 county in which the application was made, a petition seeking review

7 of the denial. The petition shall be filed within thirty days of

8 the denial. The court shall then determine whether the applicant

9 is entitled to the issuance of a license under the criteria set

10 forth in this section. The applicant may be represented by

11 counsel, but in no case may is the court be required to appoint

12 counsel for an applicant. The final order of the court shall

13 include the court's findings of fact and conclusions of law. If

14 the final order upholds the denial, the applicant may file an

15 appeal in accordance with the Rules of Appellate Procedure of the

16 Supreme Court of Appeals.

17     (k) If a license is lost or destroyed, the person to whom the

18 license was issued may obtain a duplicate or substitute license for

19 a fee of $5 by filing a notarized statement with the sheriff

20 indicating that the license has been lost or destroyed.

21     (l) Whenever any person after applying for and receiving a

22 concealed handgun license moves from the address named in the

23 application to another county within the state, the license remains

24 valid for the remainder of the five years: Provided, That the

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1 licensee within twenty days thereafter notifies the sheriff in the

2 new county of residence in writing of the old and new addresses.

3 (m) The sheriff shall, immediately after the license is

4 granted as aforesaid, furnish the Superintendent of the West

5 Virginia State Police a certified copy of the approved application.

6 The sheriff shall furnish to the Superintendent of the West

7 Virginia State Police at any time so requested a certified list of

8 all licenses issued in the county. The Superintendent of the West

9 Virginia State Police shall maintain a registry of all persons who

10 have been issued concealed weapons licenses.

11     (n) Except when subject to an exception under section six,

12 article seven of this chapter, all licensees must shall carry with

13 them a state-issued photo identification card with the concealed

14 weapons license whenever the licensee is carrying a concealed

15 weapon. Any licensee who, in violation of this subsection, fails

16 to have in his or her possession a state-issued photo

17 identification card and a current concealed weapons license while

18 carrying a concealed weapon is guilty of a misdemeanor and, upon

19 conviction thereof, shall be fined not less than $50 or more than

20 $200 for each offense.

21     (o) The sheriff shall deny any application or revoke any

22 existing license upon determination that any of the licensing

23 application requirements established in this section have been

24 violated by the licensee.

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1 (p) A person who is engaged in the receipt, review or in the

2 issuance or revocation of a concealed weapon license does not incur

3 any civil liability as the result of the lawful performance of his

4 or her duties under this article.

5 (q) Notwithstanding the provisions of subsection (a) of this

6 section, with respect to application by a former law-enforcement

7 officer honorably retired from agencies governed by article

8 fourteen, chapter seven of this code; article fourteen, chapter

9 eight of this code; article two, chapter fifteen of this code; and

10 article seven, chapter twenty of this code, an honorably retired

11 officer is exempt from payment of fees and costs as otherwise

12 required by this section. All other application and background

13 check requirements set forth in this shall be applicable to these

14 applicants.

15     (r) Except as restricted or prohibited by the provisions of

16 this article or as otherwise prohibited by law, the issuance of a

17 concealed weapon permit issued in accordance with the provisions of

18 this section authorizes the holder of the permit to carry a

19 concealed pistol or revolver on the lands or waters of this state.

20

21

22

23     NOTE: The purpose of this bill is to add provisions to

24 current procedures for issuing a concealed weapon license to ensure

25 that an applicant is not prohibited under the provisions of state

26 or federal law from the receipt or possession of a firearm.

27

28     Strike-throughs indicate language that would be stricken from

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1 the present law, and underscoring indicates new language that would

2 be added.

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