Senate Bill No. 347
Senate Bill No. 347
(Senators Sypolt, Beach, Blair,
Gaunch, D. Hall, Karnes, Leonhardt,
Maynard, Williams and Ferns original sponsors)
[Passed March 13, 2015; in effect ninety days from passage.]
ANN ACT to amend and reenact §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended; to amend and reenact §61-7-3, §61-7-4 and §61-7-6 of said code; and to amend said code by adding thereto a new section, designated §61-7-7a, all relating to creating the West Virginia Firearms Act of 2015; providing that one not prohibited from possessing firearms may carry a deadly weapon for self-defense while in the woods of this state; establishing that if a magazine is detached and no cartridges remain in a rifle or shotgun, that rifle or shotgun is considered unloaded; removing the requirement of a license to carry a concealed handgun afield; establishing that criminal penalties for carrying a concealed deadly weapon without state license or other lawful authorization applies to persons under twenty-one years of age; establishing that when a concealed handgun license holder moves to another county within the state, unless the sheriff of the new county determines that person is no longer eligible for a concealed deadly weapon license, the sheriff shall issue a new license and providing for a fee to do so; removing the requirement that a concealed weapons licensee carry state-issued photo identification when carrying a concealed weapon; removing criminal penalties for failure to carry state-issued photo identification when carrying a concealed weapon; providing that active duty members of the United States armed forces, National Guard or United States armed forces reserves are not subject to the criminal penalties for carrying a concealed deadly weapon without license or lawful authorization; removing exemption for certain judicial officers, prosecutors and staff from deadly weapon licensing and application fees; providing enhanced penalties for use of a firearm during commission of a felony; and excepting enhanced penalties in certain circumstances when a firearm is used in defense of self or others.