Senate Bill No. 199

(By Senators Unger and Cann)

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[Introduced January 8, 2014; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to allowing only a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain.

Be it enacted by the Legislature of West Virginia:

    That §61-7-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

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 private 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 private property under his or her domain. Provided, That For purposes of this section "person" means an individual or any entity which who 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 firearm or other deadly weapon, upon being requested to do so, or to leave such premises, while in possession of such a 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 does not apply to those any persons set forth in subsections (3) through (6) of section six of this code article while such these persons are acting in an official capacity. Provided, however, That However, 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 person is a law-enforcement officer or he or she has the express written permission of the county school superintendent.

    NOTE: This bill allows only a private owner, lessee, or other person charged with the care, custody, and control of real property to prohibit the carrying openly or concealed of any firearm or deadly weapon on private property under his or her domain.

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