(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is habitually addicted to alcohol;
(3) Is an unlawful user of or habitually addicted to any controlled substance;
(4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of West Virginia Code Section 27-1-1 or in similar law of another jurisdiction: Provided, That once an individual has been adjudicated as a mental defective or involuntarily committed to a mental institution, he or she shall be duly notified that they are to immediately surrender any firearms in their ownership or possession.
(5) Is an alien illegally or unlawfully in the United States;
(6) Has been discharged from the armed forces under dishonorable conditions;
(7) Is subject to a domestic violence protective order that:
A. Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate;
B. Restrains such person from harassing, stalking or threatening or intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
C. (i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(8) Has been convicted of a misdemeanor offense of assault or battery either under the provision of West Virginia Code Section 61-2-28 or the provisions of subsection (b) or (c), of West Virginia Code Section 61-2- 9 or a federal or state statute with the same essential elements in which the victim was a current or former spouse, current or former sexual or intimate partner, person with whom the defendant has a child in common, 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 has been convicted in any court of any jurisdiction of a comparable misdemeanor crime of domestic violence.
Any person who violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or confined in the county jail for not more than thirty (30) days or both.
(b) Any person may carry a concealed deadly weapon without a license therefor who is:
(1) At least twenty-one years of age;
(2) A United States citizen or legal resident thereof;
(3) Not prohibited from possession of a firearm under the provisions of this Code; and
(4) Not prohibited from possessing a firearm under the provisions of 18 U.S.C. Section 922(g) or (n).
(c) Any person under twenty-one years of age and not otherwise prohibited from possessing firearms under the provisions of this Code who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this Code, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 or more than $1,000 and may be imprisoned in jail for not more than twelve months for the first offense.
(Passed 9-13-16.)