WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4086
By Delegate Horst, McGeehan, Kimes, Hanna, Barrett, Booth, Ward, B., Hardy, Mandt, Conley and Mazzocchi
[Introduced January 14, 2022; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-7-2 of the Code of West Virginia, 1931, as amended, relating to adding definition of “ammunition” for purposes of obtaining state license to carry concealed deadly weapon.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-2. Definitions.
As used in this article, unless the context otherwise requires:
“Ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm. The term “ammunition” includes ammunition designed for training and includes, but is not limited to, marking rounds and simulated training munitions.
(1) “Antique firearm” means:
(A) (1) Any firearm, including, but not limited
to, a firearm with a match lock, flintlock, percussion cap, or similar type of
ignition system which was manufactured on or before 1898;
(B) (2) Any replica of any firearm described in
paragraph (A) (1) of this subdivision if such the
replica is not designed or redesigned to use rimfire or conventional centerfire
fixed ammunition which is no longer manufactured in the United States and which
is not readily available in the ordinary channels of commercial trade; and
(C) (3) Any muzzle-loading rifle, muzzle-loading
shotgun, or muzzle-loading pistol, which is designed to use black powder, or
black powder substitute, and which cannot use fixed ammunition. For purposes
of this subdivision, the term “antique firearm” shall not include any weapon
which includes a firearm frame or receiver, any firearm which is converted into
a muzzle-loading weapon, or any muzzle-loading weapon which can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breechblock,
or any combination thereof.
(2) “Blackjack” means a short bludgeon consisting, at the
striking end, of an encased piece of lead or some other heavy substance and, at
the handle end, a strap or springy shaft which increases the force of impact
when a person or object is struck. The term “blackjack” includes, but is not
limited to, a billy, billy club, sand club, sandbag, or slapjack.
(3) “Concealed” means hidden from ordinary observation so
as to prevent disclosure or recognition. A deadly weapon is concealed when it
is carried on or about the person in such a manner that another person in the
ordinary course of events would not be placed on notice that the deadly weapon
was being carried. For purposes of concealed handgun licensees, a licensee is
considered to be carrying on or about his or her person while in or on a motor
vehicle if the firearm is located in a storage area in or on the motor vehicle.
(4) “Controlled substance” has the same meaning as is
ascribed to that term in §60A-1-101(e) of this code.
(5) “Deadly weapon” means an instrument which is designed
to be used to produce serious bodily injury or death or is readily adaptable to
such use. The term “deadly weapon” includes, but is not limited to, the
instruments defined in subdivisions (1) through (8), inclusive, of this
section or other deadly weapons of like kind or character which may be easily
concealed on or about the person. For the purposes of §18A-5-1a of this code
and §61-7-11a of this code, in addition to the definition of “knife” set forth
in subdivision (9) of this subsection this section, the term
“deadly weapon” also includes any instrument included within the definition of
“knife” with a blade of three and one-half inches or less in length.
Additionally, for the purposes of §18A-5-1a of this code and §61-7-11a of this code, the term “deadly weapon”
includes explosive, chemical, biological, and radiological materials.
Notwithstanding any other provision of this section, the term “deadly weapon”
does not include any item or material owned by the school or county board,
intended for curricular use, and used by the student at the time of the alleged
offense solely for curricular purposes. The term “deadly weapon” does not
include pepper spray as defined in subdivision (12) of this subsection this
section when used by any person over the age of 16 solely for self-defense
purposes.
(6) “Drug” has the same meaning as is ascribed to that
term in §60A-1-101(m) of this code.
(7) “Firearm” means any weapon which will expel a
projectile by action of an explosion: Provided, That it does not mean an
antique firearm as defined in subdivision (1) of this subsection; except
for the purposes of §48-27-502 of this code.
(8) “Gravity knife” means any knife that has a blade
released from the handle by the force of gravity or the application of
centrifugal force and when released is locked in place by means of a button,
spring, lever, or other locking or catching device.
(9) “Knife” means an instrument, intended to be used or
readily adaptable to be used as a weapon, consisting of a sharp-edged or
sharp-pointed blade, usually made of steel, attached to a handle which is
capable of inflicting cutting, stabbing, or tearing wounds. The term “knife”
includes, but is not limited to, any dagger, dirk, poniard, or stiletto, with a
blade over three and one-half inches in length, any switchblade knife or
gravity knife, and any other instrument capable of inflicting cutting,
stabbing, or tearing wounds. A pocket knife with a blade three and one-half
inches or less in length, a hunting or fishing knife carried for hunting,
fishing, sports, or other recreational uses, or a knife designed for use as a
tool or household implement is not included within the term “knife” as defined
in this subdivision unless the knife is knowingly used or intended to be used
to produce serious bodily injury or death.
(10) “Metallic or false knuckles” means a set of finger
rings attached to a transverse piece to be worn over the front of the hand for
use as a weapon and constructed in such a manner that, when striking another
person with the fist or closed hand, considerable physical damage may be
inflicted upon the person who was struck. The terms “metallic or false
knuckles” includes any such instrument without reference to the metal or other
substance or substances from which the metallic or false knuckles are made.
(11) “Nunchaku” means a flailing instrument consisting of
two or more rigid parts, connected by a chain, cable, rope, or other nonrigid,
flexible, or springy material, constructed in a manner that allows the rigid
parts to swing freely so that one rigid part may be used as a handle and the
other rigid part may be used as the striking end.
(12) “Pepper spray” means a temporarily disabling aerosol
that is composed partly of capsicum oleoresin and causes irritation, blinding
of the eyes, and inflammation of the nose, throat, and skin that is intended
for self-defense use.
(13) “Pistol” means a short firearm having a chamber which
is integral with the barrel, designed to be aimed and fired by the use of a
single hand.
(14) “Revolver” means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.
(15) “Switchblade knife” means any knife having a
spring-operated blade which opens automatically upon pressure being applied to
a button, catch, or other releasing device in its handle.
NOTE: The purpose of this bill is to The purpose of this bill is to add a definition of the term “ammunition” relating to the requirements for obtaining a state permit to carry a concealed deadly weapon pursuant to the provisions of §61-7-4 of this code.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.