SB 266 — Adding definition of “ammunition” for purposes of obtaining state license to carry concealed deadly weapon

NEWS RELEASES HELPFUL LINKS IntroducedSB266 VersionSUB1 « Senate Bill 266 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for Senate Bill 266 By Senators Rucker, Woodrum, Clements, Smith, Maroney, and Romano [Introduced[Originating Januaryin 13,the 2022;Committee on the Judiciary;

referredreported toon theFebruary Committee28, on2022] the  Judiciary]  A BILL to amend and reenact §61-7-2§61-7-4 of the Code of West Virginia, 1931, as amended, relating to adding definition of “ammunition” for purposes of obtainingthe statelive fire requirement for  obtaining a license to carry a concealed deadly weapon.weapon;

and clarifying that marked rounds and training ammunition may be used in the required training course.

§61-7-2.§61-7-4.

Definitions.License to carry deadly weapons;

Ashow usedobtained. in this article, unless the context otherwise requires:

“Ammunition”(a)(1) meansExcept ammunitionas orprovided cartridgein cases,§61-7-4(q) primers,of bullets,this code, a legal resident or propellantcitizen powderof designedWest Virginia desiring to obtain a state resident license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for usethe inlicense, anyand firearm.pay to the sheriff, at the time of application, a fee of $50.

TheA termconcealed “ammunition”weapons includeslicense ammunitionmay designedonly forbe trainingissued andfor includes,pistols but is not limited to, marking rounds and simulatedrevolvers. training munitions.

(1)(2) “AntiqueA firearm”legal means:resident or citizen of another state of the United States desiring to obtain a nonresident state license to carry a concealed deadly weapon shall apply to a sheriff of any county in this state for the license, and pay to the sheriff, at the time of application, a fee of $100.

(A)A (1)concealed Anyweapons firearm,license including,may butonly notbe limitedissued to,for apistols firearmand withrevolvers. a match lock, flintlock, percussion cap, or similar type of ignition system which was manufactured on or before 1898;

(B)(b) (2)Each Anyapplicant replicafor ofa anystate firearmresident describedlicense inor paragraphnonresident (A)license (1)to ofcarry thisa subdivisionconcealed ifdeadly suchweapon theshall replicafile iswith notthe designedsheriff ora redesignedcomplete toapplication, useas rimfireprepared orby conventionalthe centerfireSuperintendent fixedof ammunitionthe whichWest isVirginia noState longerPolice, manufactured in thewriting, Unitedduly Statesverified, and which issets notforth readilyonly available in the ordinaryfollowing channelslicensing ofrequirements: commercial trade;

and(1) (C)The (3)applicant’s Anyfull muzzle-loadingname, rifle,date muzzle-loadingof shotgun,birth, orSocial muzzle-loadingSecurity pistol,number, whicha isdescription designedof tothe useapplicant’s blackphysical powder,features, orthe blackapplicant’s powderplace substitute,of andbirth, whichthe cannotapplicant’s usecountry fixed ammunition.  For purposes of thiscitizenship, subdivision,and, if the termapplicant “antiqueis firearm” shall not include any weapon which includes a firearmUnited frameStates orcitizen, receiver, any firearmalien whichor isadmission convertednumber intoissued aby muzzle-loadingthe weapon,United orStates anyBureau muzzle-loadingof weaponImmigration whichand canCustoms beEnforcement, readilyand convertedany tobasis, fireif fixedapplicable, ammunitionfor byan replacingexception to the barrel,prohibitions bolt,of breechblock,18 orU.S.C. any combination thereof.

(2)§922(g)(5)(B); “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(2) termThat, “blackjack”on includes,the butdate the application is notmade, limitedthe to,applicant is a billy,bona billyfide club,United sandStates club,citizen sandbag,or legal resident thereof and either a resident of this state and of the county in which the application is made or slapjack.a resident of another state in the United States and has a valid driver’s license or other state-issued or federally issued photo identification showing the residence;

(3) “Concealed”That meansthe hiddenapplicant fromis ordinary21 observationyears soof asage to prevent disclosure or recognition.older;

A(4) deadlyThat weaponthe isapplicant concealed when it is carriednot onaddicted orto aboutalcohol, thea personcontrolled insubstance, suchor a mannerdrug thatand anotheris personnot inan theunlawful ordinaryuser coursethereof ofas eventsevidenced wouldby noteither beof placedthe onfollowing noticewithin that the deadlythree weaponyears wasimmediately beingprior carried.to the application:

For(A) purposesResidential of concealed handgun licensees, a licensee is considered to be carrying on or aboutcourt-ordered histreatment orfor heralcoholism person while in or onalcohol adetoxification motor vehicle if the firearm is located in a storage area in or ondrug thetreatment; motor vehicle.

(4)or “Controlled(B) substance”Two hasor themore sameconvictions meaningfor asdriving iswhile ascribedunder tothe thatinfluence termor indriving §60A-1-101(e)while ofimpaired; this code.

(5) “DeadlyThat weapon”the meansapplicant anhas instrumentnot whichbeen isconvicted designedof toa befelony usedunless tothe produceconviction serioushas bodilybeen injuryexpunged or deathset aside, or isthe readilyapplicant’s adaptablecivil torights suchhave use.been restored or the applicant has been unconditionally pardoned for the offense;

The(6) termThat “deadlythe weapon”applicant includes,has but is not limitedbeen to,convicted theof instrumentsa definedmisdemeanor incrime subdivisionsof (1)violence throughother (8),than inclusive,an ofoffense thisset sectionforth orin othersubdivision deadly(7) weapons of likethis kindsubsection orin characterthe whichfive mayyears beimmediately easilypreceding concealed on or about the person.application;

For(7) theThat purposes of §18A-5-1a of this code and §61-7-11a of this code, in addition to the definitionapplicant ofhas “knife”not setbeen forthconvicted in subdivision (9) of thisa subsectionmisdemeanor thiscrime section, the term “deadly weapon” also includes any instrument included within the definition of “knife”domestic withviolence aas bladedefined of three and one-half inches or less in length.18 U.S.C.

Additionally,§921(a)(33), foror thea purposesmisdemeanor offense of §18A-5-1aassault or battery either under of this code andor §61-7-11a§61-2-9(b), §61-2-9(c), or §61-2-28 of this code, in which the termvictim “deadlywas weapon”a includescurrent explosive,or chemical,former biological,spouse, andcurrent radiologicalor materials.former sexual or intimate partner, person with whom the defendant cohabits or has cohabited, a parent or guardian, the defendant’s child or ward or a member of the defendant’s household at the time of the offense, or a misdemeanor offense with similar essential elements in a jurisdiction other than this state;

Notwithstanding(8) anyThat otherthe provisionapplicant ofis thisnot section,under theindictment termfor “deadlya weapon”felony doesoffense or is not includecurrently anyserving itema sentence of confinement, parole, probation, or materialother ownedcourt-ordered supervision imposed by thea schoolcourt orof countyany board,jurisdiction, intendedis forthe curricularsubject use,of andan usedemergency byor thetemporary studentdomestic atviolence protective order, or is the timesubject of thea allegedfinal offensedomestic solelyviolence forprotective curricularorder purposes.entered by a court of any jurisdiction;

The(9) termThat “deadlythe weapon”applicant doeshas not includebeen pepperadjudicated sprayto asbe definedmentally inincompetent subdivisionor (12)involuntarily ofcommitted thisto subsectiona thismental sectioninstitution. when used by any person over the age of 16 solely for self-defense purposes.

(6)If “Drug”the applicant has been adjudicated mentally incompetent or involuntarily committed, the sameapplicant meaningshall asprovide a court order reflecting that the applicant is ascribedno longer under such disability and the applicant’s right to thatpossess termor inreceive §60A-1-101(m)a offirearm thishas code.been restored;

(7)(10) “Firearm”That meansthe anyapplicant weaponis whichnot willprohibited expelunder athe projectileprovisions byof action§61-7-7 of anthis explosion:code or federal law, including 18 U.S.C.

Provided,§922(g) Thator it(n), doesfrom notreceiving, meanpossessing, anor antiquetransporting firearma asfirearm; defined in subdivision (1) of this subsection;

except(11) forThat the purposesapplicant ofhas §48-27-502qualified under the minimum requirements set forth in subsection (e) of this code.section for handling and firing the weapon:

(8)Provided, “GravityThat knife”this meansrequirement anyshall knifebe thatwaived hasin a blade released from the handlecase by the force of gravity or the application of centrifugal force and when released is locked in place by means of a button,renewal spring,applicant lever,who orhas otherpreviously lockingqualified; or catching device.

(9)and “Knife”(12) meansThat anthe instrument,applicant intendedauthorizes tothe besheriff used or readily adaptable to be used as a weapon, consisting of athe sharp-edgedcounty, or sharp-pointedhis blade,or usuallyher madedesignee, of steel, attached to aconduct handlean whichinvestigation isrelative capableto ofthe inflictinginformation cutting,contained stabbing,in orthe tearingapplication. wounds.

The(c) termFor “knife”both includes,initial butand isrenewal notapplications, limitedthe to,sheriff anyshall dagger,conduct dirk,an poniard,investigation orincluding stiletto,a withnationwide acriminal bladebackground overcheck threeconsisting andof one-halfinquiries inchesof inthe length,National anyInstant switchbladeCriminal knifeBackground orCheck gravitySystem, knife,the West Virginia criminal history record responses, and anythe otherNational instrumentInterstate capableIdentification Index, and shall review the information received in order to verify that the information required in subsection (b) of inflictingthis cutting,section stabbing,is ortrue tearingand wounds.correct.

A pocketlicense knifemay withnot abe bladeissued threeunless andthe one-halfissuing inchessheriff orhas lessverified inthrough length,the aNational huntingInstant orCriminal fishingBackground knifeCheck carriedSystem forthat hunting,the fishing,information sports,available orto otherhim recreational uses, or aher knifedoes designednot forindicate usethat asreceipt a tool or householdpossession implementof isa notfirearm includedby within the termapplicant “knife”would asbe defined in thisviolation subdivisionof unless the knifeprovisions isof knowingly§61-7-7 usedof orthis intendedcode toor befederal usedlaw, toincluding produce18 U.S.C. serious bodily injury or death.

(10)§922(g) “Metallic or false(n). 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(d)(1) termsTwenty-five “metallicdollars orof falsethe knuckles”resident includeslicense anyapplication suchfee instrumentshall withoutbe referencedeposited into the State Treasury and credited to the metalaccount orof otherthe substanceState orPolice, substancesand from$25 whichof the metallicapplication fee and any fees for replacement of lost or falsestolen knuckleslicenses arereceived made.by the sheriff shall be deposited by the sheriff into a concealed weapons license administration fund.

(11)The “Nunchaku”fund meansshall abe flailingadministered instrument consisting of two or more rigid parts, connected by athe chain,sheriff cable,and rope,shall ortake otherthe nonrigid,form flexible,of oran springyinterest-bearing material,account constructedwith inany ainterest mannerearned that allows the rigid parts to swing freely so that one rigid part may be usedcompounded asto a handle and the otherfund. rigid part may be used as the striking end.

(12)Any “Pepperfunds spray”deposited meansin athis temporarilyconcealed disablingweapon aerosollicense thatadministration isfund composedare partlyto ofbe capsicumexpended oleoresinby and causes irritation, blinding of the eyes,sheriff andto inflammationpay of the nose,costs throat,associated andwith skinissuing thatconcealed isweapons intendedlicenses. for self-defense use.

(13)Any “Pistol”surplus meansin athe shortfund firearmon havinghand aat chamberthe whichend isof integraleach withfiscal theyear barrel,may designedbe toexpended befor aimedother andlaw-enforcement firedpurposes byor theoperating useneeds of athe singlesheriff’s hand.office, as the sheriff considers appropriate.

(14)(2) “Revolver”Fifteen meansdollars a short firearm having a cylinder of severalthe chambersnonresident thatlicense areapplication broughtfee successivelyshall intobe linedeposited within the barrelCourthouse toFacilities beImprovement discharged,Fund designedcreated to be aimed and fired by the§29-26-6 use of athis singlecode; hand.

(15)$25 “Switchbladeof knife”the meansapplication anyfee knifeshall havingbe adeposited spring-operatedinto bladethe whichState opensTreasury automaticallyand uponcredited pressureto beingthe appliedaccount toof athe button,State catch,Police orfor otherthe releasingpurchase deviceof invehicles, itsequipment handle.for vehicles, and maintenance of vehicles;