WEST virginia legislature

2018 regular session

Introduced

Senate Bill 53

By Senator Palumbo

[Introduced January 10, 2018; Referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to correcting incorrect code reference resulting from recent amendment to said code requiring certain court personnel to complete certain handgun safety and training requirements before carrying a concealed handgun.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-14. Right of certain persons to limit possession of firearms on premises.

Notwithstanding the provisions of this article, any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying openly or concealed of any firearm or deadly weapon on property under his or her domain: Provided, That for purposes of this section “person” means an individual or any entity which may acquire title to real property.

Any person carrying or possessing a firearm or other deadly weapon on the property of another who refuses to temporarily relinquish possession of such the firearm or other deadly weapon, upon being requested to do so, or to leave such the premises, while in possession of such the firearm or other deadly weapon, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county jail not more than six months, or both: Provided, That the provisions of this section shall do not apply to those persons a person set forth in subsections (3) through (6) of section six of this code §61-7-6 (a)(5) through §61-7-6 (a)(7) of this code while such persons are the person is acting in an official capacity; and to a person set forth in §61-7-6(b)(1) through §61-7-6(b)(8) of this code,  while the person is acting in his or her official capacity: Provided, however, That under no circumstances may any person possess or carry or cause the possession or carrying of any firearm or other deadly weapon on the premises of any primary or secondary educational facility in this state unless such the person is a law-enforcement officer or he or she has the express written permission of the county school superintendent.

 

NOTE: The purpose of this bill is to correct an internal code reference that needs updated as a result of a bill passed in the 2016 regular session.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.