Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
       2024 REGULAR SESSION
                    Enrolled Senate Bill 147
 By Senators Rucker, Deeds, Hamilton, Hunt, Oliverio,
 Phillips, Roberts, Swope, Tarr, Woodrum, Chapman,
                     and Jeffries [Passed March 8, 2024; in effect 90 days from passage]
     Enr SB 147
  AN ACT to amend and reenact §61-7-4 and §61-7-4a of the Code of West Virginia, 1931, as
          amended, all relating to concealed deadly weapons licenses; adding definition of
          "ammunition" for purposes of the live fire requirement for obtaining a license to carry a
          deadly weapon; adding definition of "ammunition" for purposes of the live fire requirement
          for obtaining a provisional license to carry a deadly weapon; clarifying that ammunition
          designed for training including marking rounds and simulated ammunition may be used in
          the required training course; and removing the requirement that an applicant for a
          concealed deadly weapon license or a provisional concealed deadly weapon license must
          provide a Social Security number.
     Be it enacted by the Legislature of West Virginia:
     A               RTICLE                   7.               DANGEROUS                        WEAPONS.
     §61-7-4. License to carry deadly weapons; how obtained.
          (a)(1) Except as provided in §61-7-4(q) of this code, a legal resident or citizen of West
  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 the license, and pay to the sheriff, at the time of application, a
  fee of $50. A concealed weapons license may only be issued for pistols and revolvers.
          (2) A legal 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
  concealed weapons license may only be issued for pistols and revolvers.
          (b) Each applicant for a state resident license or nonresident license to carry a concealed
 deadly weapon shall file with the sheriff a complete application, as prepared by the Superintendent
 of the West Virginia State Police, in writing, duly verified, which sets forth only the following
 licensing requirements:
         (1) The applicant’s full name, date of birth, a description of the applicant’s physical
 features, the applicant’s place of birth, the applicant’s country of citizenship, and, if the applicant is
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 not a United States citizen, any alien or admission number issued by the United States Bureau of
 Immigration and Customs Enforcement, and any basis, if applicable, for an exception to the
 prohibitions of 18 U.S.C. §922(g)(5)(B);
         (2) That, on the date the application is made, the applicant is a bona fide United States
 citizen or legal resident thereof and either a resident of this state and of the county in which the
 application is made or 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) That the applicant is 21 years of age or older;
         (4) That the applicant is not addicted to alcohol, a controlled substance, or a drug and is not
 an unlawful user thereof as evidenced by either of the following within the three years immediately
 prior to the application:
         (A) Residential or court-ordered treatment for alcoholism or alcohol detoxification or drug
 treatment; or
         (B) Two or more convictions for driving while under the influence or driving while impaired;
         (5) That the applicant has not been convicted of a felony unless the conviction has been
 expunged or set aside, or the applicant’s civil rights have been restored or the applicant has been
 unconditionally pardoned for the offense;
         (6) That the applicant has not been convicted of a misdemeanor crime of violence other
 than an offense set forth in subdivision (7) of this subsection in the five years immediately
 preceding the application;
         (7) That the applicant has not been convicted of a misdemeanor crime of domestic
 violence as defined in 18 U.S.C. §921(a)(33), or a misdemeanor offense of assault or battery
 either under §61-2-28 of this code or §61-2-9(b) or §61-2-9(c) of this code, in which the victim was
 a current or former spouse, current or 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
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 similar essential elements in a jurisdiction other than this state;
         (8) That the applicant is not under indictment for a felony offense or is not currently serving
 a sentence of confinement, parole, probation, or other court-ordered supervision imposed by a
 court of any jurisdiction, is the subject of an emergency or temporary domestic violence protective
 order, or is the subject of a final domestic violence protective order entered by a court of any
 jurisdiction;
         (9) That the applicant has not been adjudicated to be mentally incompetent or involuntarily
 committed to a mental institution. If the applicant has been adjudicated mentally incompetent or
 involuntarily committed, the applicant shall provide a court order reflecting that the applicant is no
 longer under such disability and the applicant’s right to possess or receive a firearm has been
 restored;
         (10) That the applicant is not prohibited under the provisions of §61-7-7 of this code or
 federal law, including 18 U.S.C. §922(g) or (n), from receiving, possessing, or transporting a
 firearm;
         (11) That the applicant has qualified under the minimum requirements set forth in
 subsection (e) of this section for handling and firing the weapon: Provided, That this requirement
 shall be waived in the case of a renewal applicant who has previously qualified; and
         (12) That the applicant authorizes the sheriff of the county, or his or her designee, to
 conduct an investigation relative to the information contained in the application.
         (c) For both initial and renewal applications, the sheriff shall conduct an investigation
 including a nationwide criminal background check consisting of inquiries of the National Instant
 Criminal Background Check System, the West Virginia criminal history record responses, and the
 National Interstate Identification Index, and shall review the information received in order to verify
 that the information required in subsection (b) of this section is true and correct. A license may not
 be issued unless the issuing sheriff has verified through the National Instant Criminal Background
 Check System that the information available to him or her does not indicate that receipt or
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 possession of a firearm by the applicant would be in violation of the provisions of §61-7-7 of this
 code or federal law, including 18 U.S.C. §922(g) or (n).
        (d)(1) Twenty-five dollars of the resident license application fee shall be deposited into the
 State Treasury and credited to the account of the State Police, and $25 of the application fee and
 any fees for replacement of lost or stolen licenses received by the sheriff shall be deposited by the
 sheriff into a concealed weapons license administration fund. The fund shall be administered by
 the sheriff and shall take the form of an interest-bearing account with any interest earned to be
 compounded to the fund. Any funds deposited in this concealed weapon license administration
 fund are to be expended by the sheriff to pay the costs associated with issuing concealed
 weapons licenses. Any surplus in the fund on hand at the end of each fiscal year may be expended
 for other law-enforcement purposes or operating needs of the sheriff’s office, as the sheriff
 considers appropriate.
        (2) Fifteen dollars of the nonresident license application fee shall be deposited in the
 Courthouse Facilities Improvement Fund created by §29-26-6 of this code; $25 of the application
 fee shall be deposited into the State Treasury and credited to the account of the State Police for
 the purchase of vehicles, equipment for vehicles, and maintenance of vehicles; and $60 of the
 application fee shall be deposited in the concealed weapons license administration fund to be
 administered as provided in this subsection.
        (e) All persons applying for a license shall complete a training course in handling and firing
 a handgun, which includes the actual live firing of ammunition by the applicant. The successful
 completion of any of the following courses fulfills this training requirement: Provided, That the
 completed course includes the actual live firing of ammunition by the applicant: Provided however,
 That for purposes of this subsection, the term "ammunition" means ammunition or cartridge cases,
 primers, bullets, or propellant powder designed for use in any firearm and includes ammunition
 designed for training such as marking rounds and simulated training loads:
        (1) Any official National Rifle Association handgun safety or training course;
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          (2) Any handgun safety or training course or class available to the general public offered by
  an official law-enforcement organization, community college, junior college, college, or private or
  public institution or organization, or handgun training school using instructors certified by the
  institution;
          (3) Any handgun training or safety course or class conducted by a handgun instructor
  certified as such by the state or by the National Rifle Association;
          (4) Any handgun training or safety course or class conducted by any branch of the United
 States military, reserve, or National Guard, or proof of other handgun qualification received while
 serving in any branch of the United States military, reserve, or National Guard.
         A photocopy of a certificate of completion of any of the courses or classes or an affidavit
 from the instructor, school, club, organization, or group that conducted or taught the course or
 class attesting to the successful completion of the course or class by the applicant or a copy of any
 document which shows successful completion of the course or class is evidence of qualification
 under this section and shall include the instructor’s name, signature, and NRA or state instructor
 identification number, if applicable.
         (f) All concealed weapons license applications must be notarized by a notary public duly
 licensed under §39-4-1 et seq. of this code. Falsification of any portion of the application
 constitutes false swearing and is punishable under §61-5-2 of this code.
         (g) The sheriff shall issue a license unless he or she determines that the application is
 incomplete, that it contains statements that are materially false or incorrect, or that applicant
 otherwise does not meet the requirements set forth in this section. The sheriff shall issue, reissue,
 or deny the license within 45 days after the application is filed if all required background checks
 authorized by this section are completed.
         (h) A license in effect as of the effective date of the amendments to this section enacted
 during the 2019 regular session of the Legislature shall, subject to revocation for cause, is valid
 until the licensee’s birthday during the fifth year from the date of issuance or five years from the
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 date of issuance, whichever is later in time. Renewals of such licenses and licenses newly issued
 after the effective date of the amendments to this section enacted during the 2019 regular session
 of the Legislature, subject to revocation for cause, are valid for a period of five years from the
 licensees’ most recent birthday.
         (i) Each license shall contain the full name and address of the licensee and a space upon
 which the signature of the licensee shall be signed with pen and ink. The issuing sheriff shall sign
 and attach his or her seal to all license cards. The sheriff shall provide to each new licensee a
 duplicate license card, in size similar to other state identification cards and licenses, suitable for
 carrying in a wallet, and the license card is considered a license for the purposes of this section. All
 duplicate license cards issued on or after July 1, 2017, shall be uniform across all 55 counties in
 size, appearance, and information and shall feature a photograph of the licensee.
         (j) The Superintendent of the West Virginia State Police, in cooperation with the West
 Virginia Sheriffs’ Bureau of Professional Standards, shall prepare uniform applications for both
 resident and nonresident licenses and license cards showing that the license has been granted
 and shall do any other act required to be done to protect the state and see to the enforcement of
 this section.
         (k) If an application is denied, the specific reasons for the denial shall be stated by the
 sheriff denying the application. Any person denied a license may file, in the circuit court of the
 county in which the application was made, a petition seeking review of the denial. The petition
 shall be filed within 30 days of the denial. The court shall then determine whether the applicant is
 entitled to the issuance of a license under the criteria set forth in this section. The applicant may be
 represented by counsel, but in no case is the court required to appoint counsel for an applicant.
 The final order of the court shall include the court’s findings of fact and conclusions of law. If the
 final order upholds the denial, the applicant may file an appeal in accordance with the Rules of
 Appellate Procedure of the Supreme Court of Appeals. If the findings of fact and conclusions of
 law of the court fail to uphold the denial, the applicant may be entitled to reasonable costs and
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 attorney’s fees, payable by the sheriff’s office which issued the denial.
        (l) If a license is lost or destroyed, the person to whom the license was issued may obtain a
 duplicate or substitute license for a fee of $5 by filing a notarized statement with the sheriff
 indicating that the license has been lost or destroyed.
        (m) Whenever an applicant or licensee relocates from the address provided in his or her
 application to another address, he or she shall comply with the following notification requirements:
        (1) Within 20 days of a resident licensee relocating from the address provided in his or her
 application to another county in the state, he or she shall provide written notification of the
 relocation to the sheriff of the county to which he or she moved and provide his or her new
 address. The sheriff shall then issue a new resident license bearing the licensee’s new address
 and the original expiration date, for a fee not to exceed $5. The license remains valid for the
 remainder of the original five-year term, unless the sheriff has determined that the person is no
 longer eligible for a concealed weapon license under the provisions of this article.
        (2) Within 20 days of a resident licensee relocating from the address provided in his or her
 application to an address outside the state, he or she shall provide written notification to the sheriff
 of the issuing county of the relocation and provide his or her new address. The sheriff shall then
 issue a new nonresident license bearing the licensee’s new address and the original expiration
 date, for a fee not to exceed $5. The license remains valid for the remainder of the original five-
 year term unless the sheriff has determined that the person is no longer eligible for a concealed
 weapon license under the provisions of this article: Provided, That any renewal of the license in the
 new jurisdiction after expiration requires the payment of a nonresident license fee.
        (3) Within 20 days of a nonresident licensee relocating from the address provided in his or
 her application to another address outside of the state, he or she shall provide written notification
 of the relocation to the sheriff of the issuing county and provide his or her new address. The sheriff
 shall then issue a new nonresident license bearing the licensee’s new address and original
 expiration date, for a fee not to exceed $5. This license remains valid for the remainder of the
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 original five-year term, unless the sheriff has determined that the person is no longer eligible for a
 concealed weapon license under the provisions of this article.
         (4) Within 20 days of a nonresident licensee relocating to West Virginia from the address
 provided in his or her application, he or she shall provide written notification of the relocation to the
 sheriff of the county to which he or she has moved and provide his or her new address. The sheriff
 shall then issue a new resident license bearing the licensee’s new address and the original
 expiration date, for a fee not to exceed $5. This license remains valid for the remainder of the
 original five-year term, unless the sheriff has determined that the pers