WEST virginia legislature
2020 regular session
Introduced
House Bill 4618
[Introduced January 30, 2020;
Referred to the Committee on the Judiciary]
A BILL to amend and
reenact §61-7-10 of the Code of West Virginia, 1931, as amended, relating to removing
from the code, language prohibiting the public display and offering for rent or
sale to a passersby on a street, road or alley, any deadly weapon, machine gun,
submachine gun or other fully automatic weapon, any rifle, shotgun, or
ammunition for same.
Be it enacted by the
Legislature of West Virginia:
§61-7-10. Display of
Deadly weapons for sale or hire; sale to prohibited persons; penalties.
(a) A person may not publicly display and offer for rent or sale, or, where the
person is other than a natural person, knowingly permit an employee thereof to
publicly display and offer for rent or sale, to any passersby on any street,
road or alley, any deadly weapon, machine gun, submachine gun or other fully
automatic weapon, any rifle, shotgun or ammunition for same
(b) (a) Any person who violates the provisions of subsections
(a) or c) subsection (b) of this section shall be is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more than
$5,000 or shall be confined in the county jail for not more than
one year, or both fined and confined, except that where the person violating the
provisions of said subsections subsection (b) is other than a
natural person, such the person shall be fined not more than
$10,000.
(c) (b) A person may not knowingly sell, rent,
give or lend, or, where the person is other than a natural person, knowingly
permit an employee thereof to knowingly sell, rent, give or lend, any deadly
weapon other than a firearm to a person prohibited from possessing a deadly
weapon other than a firearm by any provision of this article.
(d) (c) A person may not knowingly sell, rent,
give or lend, or where the person is other than a natural person, knowingly
permit an employee thereof to knowingly sell, rent give or lend a firearm or
ammunition to a person prohibited by any provision of this article or the
provisions of 18 U.S.C. §922.
(e) (d) Any person who violates any of the
provisions of subsection (d) (c) of this section is guilty of a
felony and, upon conviction thereof, shall be fined not more than $100,000, imprisoned
in a state correctional facility for a definite term of years of not less than
three years nor more than 10 years, or both fined and imprisoned, except that
where the person committing an offense punishable under this subsection is
other than a natural person, such the person shall be fined not
more than $250,000.
(f) (e) Any person who knowingly solicits,
persuades, encourages or entices a licensed dealer or private seller of
firearms or ammunition to transfer a firearm or ammunition under circumstances
which the person knows would violate the laws of this state or the United
States is guilty of a felony. Any person who willfully procures another to
engage in conduct prohibited by this subsection shall be punished as a
principal. This subsection does not apply to a law-enforcement officer acting
in his or her official capacity. Any person who violates the provisions of this
subsection is guilty of a felony and, upon conviction thereof, shall be fined
not more than $5,000, imprisoned in a state correctional facility for a
definite term or not less than one year nor more than five years, or both fined
and imprisoned.
NOTE: The purpose of this bill is
to remove from the code language prohibiting the public display and offering
for rent or sale to a passersby on a street, road or alley, any deadly weapon,
machine gun, submachine gun or other fully automatic weapon, any rifle, shotgun
or ammunition for same.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.