Senate Bill No. 367

(By Senators Palumbo, Kessler (Mr. President), Plymale, Fitzsimmons and Wells)

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[Introduced January 16, 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 the right of judges and prosecutors to carry firearms on certain premises while acting in their official capacity; and amending an incorrect cross reference in the code as a result of an amendment in 2013.

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 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 fined and confined: Provided, That the provisions of this section shall does not apply to those persons set forth in subsections (3) through (6) of section six of this code subdivisions (3) through (5) of subsection (a) and subdivisions (1) through (8) of subsection (b) of section six of this article while such those persons are acting in an 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 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 restore the rights of judges and prosecutors to carry firearms on private property by fixing code references that need updated following a bill that passed the 2013 regular session.

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