Section
133.01 Definitions
133.02 Carrying concealed deadly weapons without license
133.03 Exceptions as to prohibitions against carrying concealed deadly weapons
133.04 Persons prohibited from possession of firearms
133.05 Possession of deadly weapons by minors prohibited
133.06 Possession of machine guns
133.07 Display or sale of deadly weapons
133.08 Brandishing deadly weapons
133.09 Shooting across road or near building or crowd
133.10 Fireworks sale, possession and discharge
133.11 Discharging firearms
133.12 Throwing or shooting missiles
133.99 Penalty
Statutory reference:
Authority to prohibit carrying weapons, see W. Va. Code 8-12-5(16)
Dangerous weapons, see W. Va. Code Art. 61-7
Limitations on power to restrict ownership, see W. Va. Code 8-2-5a
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLACKJACK. 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. BLACKJACK includes, but is not limited to, a billy, billy club, sand club, sandbag or slapjack.
CONCEALED. Hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is CONCEALED when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.
CONTROLLED SUBSTANCE. Has the same meaning as is ascribed to that term in W. Va. Code Art. 60A-1.
DEADLY WEAPON. An instrument which is designed to be used to produce serious bodily injury or death, or is readily adaptable to such use. The term DEADLY WEAPON includes, but is not limited to, many of the instruments defined herein, or other DEADLY WEAPONS of like kind or character which may be easily concealed on or about the person.
DRUG. Has the same meaning as is ascribed to that term in W. Va. Code Art. 60A-1.
FIREARM. Any weapon which will expel a projectile by action of an explosion.
GRAVITY KNIFE. Any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force, and when so released is locked in place by means of a button, spring, lever or other locking or catching device.
KNIFE. An instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle, which is capable of inflicting cutting, stabbing or tearing wounds. KNIFE includes, but is not limited to, any dagger, dirk, poniard or stiletto with a blade over three and one-half inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term KNIFE as defined herein, unless such KNIFE is knowingly used or intended to be used to produce serious bodily injury or death.
METALLIC OR FALSE KNUCKLES. 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 struck. The term METALLIC OR FALSE KNUCKLES includes any such instrument, without reference to the metal or other substance or substances from which the metallic or false knuckles are made.
NUNCHUKU. A flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope or other nonrigid, flexible or springy material, constructed in such a manner as to allow the rigid parts to swing freely, so that one rigid part may be used as a handle and the other rigid part may be used as the striking end.
PISTOL. A short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.
REVOLVER. A short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.
SWITCHBLADE KNIFE. Any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch or other releasing device in its handle.
(W. Va. Code 61-7-2) (Prior Code, § 545.01)
(A) No person shall carry a concealed deadly weapon without a state license or other lawful authorization established under the provisions of W. Va. Code 61-7-4 et seq.
(B) It shall be unlawful for any person to carry on or about his or her person any deadly weapon at any type of function, regardless of sponsor, that is held on city property including, but not limited to, City Hall, Council Chambers, Municipal Court, City Community Center, City Park, Ridenour Lake, city children’s park, city pool, public library or the city’s Public Works Department.
(C) Security measures necessary to carry out the intent of division (B) above shall be implemented to ensure the public safety.
(D) (1) If a person voluntarily and peaceably delivers and abandons to the Police Department any weapon as defined in § 133.01, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this chapter with respect to the weapon voluntarily delivered. Delivery under this section may be made at the headquarters of the Police Department or by summoning a police officer to the person’s residence or place of business. Every weapon to be delivered and abandoned to the Police Department under this division (D)(1) shall be unloaded and securely wrapped in a package and, in the case of delivery to the police headquarters, the package shall be carried in open view. No person who delivers and abandons a weapon under this division (D)(1) shall be required to furnish identification, photographs or fingerprints. No amount of money shall be paid for any weapon delivered or abandoned under this division (D)(1).
(2) Whenever any weapon is surrendered under this division (D), the Police Department shall inquire of all law enforcement agencies whether such weapon is needed as evidence and if the same is not needed as evidence, it shall be destroyed.
(E) All weapons ordered confiscated by the court under the provisions of § 133.99(B) and all weapons received by the Police Department under and by virtue of division (D) above shall be held and identified as to owner, where possible, by the Police Department for a period of five years prior to their being destroyed.
(F) Nothing in this section shall be construed or applied to necessarily require or excuse noncompliance with any provision of the laws of the state or to the laws of the United States. This chapter and the penalties proscribed for violation hereof shall not supersede, but shall supplement all statutes of the state or of the United States in which similar conduct may be prohibited or regulated.
(Prior Code, § 545.02) (Ord. 03-01, passed 1-21-2003) Penalty, see § 133.99
The licensure provisions set forth in W. Va. Code Article 61-7 shall not apply to:
(A) Any person carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business, nor shall anything herein prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site, and returning to his or her home, residence or place of business;
(B) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from the state, or from the United States for the purpose of target practice, from carrying any pistol, as defined in § 131.01, unloaded, from his or her home, residence or place of business to a place of target practice, and from any such place of target practice back to his or her home, residence or place of business, for using any such weapon at such place of target practice in training and improving his or her skill in the use of such weapons;
(C) Any law-enforcement officer or law-enforcement official as such are defined in W. Va. Code 30-29-1;
(D) Any employee of the state’s Department of Corrections duly appointed pursuant to the provisions of W. Va. Code 25-1-116 while such employee is on duty;
(E) Any member of the armed forces of the United States or the militia of the state while such member is on duty; and
(F) Any circuit judge, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney.
(W. Va. Code 61-7-6) (Prior Code, § 545.03)
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