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§ 134.30  DEFINITIONS.
   For the purpose of this subchapter, 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 § 60A-1-101(e).
   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, the instruments defined herein, or other deadly weapons of like kind or character which may be easily concealed on or about the person. For the purposes of W.Va. Code §§ 18-3-1a and 61-7-1a, in addition to the definition of “knife” set forth herein, DEADLY WEAPON also includes any instrument included within the definition of “knife” with a blade of three and one-half inches or less in length. Additionally, for the purposes of W.Va. Code §§ 18A-5-1a and 61-7-1a, DEADLY WEAPON includes explosives, chemical, biological and radiological materials. Notwithstanding any other provision of this section, the term DEADLY WEAPON does not include any item or material owned by the school or county board, intended for curricular use, and used by the student at the time of the alleged offense solely for curricular purposes.
   DRUG. Has the same meaning as is ascribed to that term in W.Va. Code § 60A-1-101(m).
   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.
   NUNCHUKA. A flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope or other non-rigid, 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.
(Prior Code, § 545.01)
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-2
§ 134.31  CARRYING CONCEALED DEADLY WEAPONS; WITHOUT LICENSE; EXCEPTIONS.
   (A)   (1)   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.
      (2)   Whoever violates this section shall, for a first offense, be guilty of a misdemeanor.
(Prior Code, § 545.02)
   (B)   The licensure provisions set forth in W.Va. Code Art. 61-7 shall not apply to:
      (1)   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;
      (2)   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 § 134.30 of this chapter, 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 skill in the use of such weapons;
      (3)   Any law enforcement officer or law enforcement official as such are defined in W.Va. Code § 30-29-1;
      (4)   Any employee of the state’s Department of Corrections duly appointed pursuant to the appropriate provisions, while such employee is on duty;
      (5)   Any member of the armed forces of the United States or the militia of the state while such member is on duty;
      (6)   Any circuit judge, including any retired circuit judge designated senior status by the state, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;
      (7)   Any resident of another state who has been issued a license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with the state; and
      (8)   Any federal law enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer’s duty.
(Prior Code, § 545.03)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-6
§ 134.32  PERSONS PROHIBITED FROM POSSESSION.
   (A)   Except as provided for in this subchapter, no person shall possess a firearm such as is defined in § 134.30 of this chapter who:
      (1)   Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
      (2)   Is addicted to alcohol;
      (3)   Is an unlawful user of or addicted to any controlled substance;
      (4)   Has been adjudicated as a mental defective or who has been involuntarily committed to a mental institution;
      (5)   Being an alien is 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 an 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)   1.   Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
            2.   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.
      (8)   Has been convicted in any court of a misdemeanor crime of domestic violence.
   (B)   Any person prohibited from possessing a firearm by the provisions of division (A) above may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and, if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law.
(Prior Code, § 545.04)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-7
§ 134.33  POSSESSION OF DEADLY WEAPONS BY MINORS.
   (A)   Notwithstanding any other provision of this subchapter to the contrary, a person under the age of 18 years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: provided that, a minor may possess a firearm upon premises owned by such minor or his or her family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his family, with the permission of the owner or lessee of such property. Nothing in this section shall prohibit a minor from possessing a firearm while hunting in a lawful manner or while traveling from a place where he or she may lawfully possess a deadly weapon, to a hunting site and returning to a place where he or she may lawfully possess such weapon.
   (B)   A violation of this section by a person under the age of 18 years shall subject the child to the jurisdiction of the Circuit Court under the provisions of W.Va. Code §§ 49-4-701 et seq., and such minor may be proceeded against in the same manner as if he or she had committed an act which if committed by an adult would be a crime and may be adjudicated delinquent.
(Prior Code, § 545.05)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-8
§ 134.34  MACHINE GUNS.
   No person shall carry, transport or have in his or her possession any machine gun, submachine gun or any other fully automatic weapon unless he or she has fully complied with applicable federal statutes and all applicable rules and regulations of the Secretary of the Treasury of the United States relating to such firearms.
(Prior Code, § 545.06)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-9
§ 134.35  DISPLAY OR SALE OF DEADLY WEAPONS.
   No person shall 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 passers-by 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.
(Prior Code, § 545.07)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-10
§ 134.36  BRANDISHING DEADLY WEAPONS.
   No person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, shall carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace.
(Prior Code, § 545.08)  Penalty, see § 134.99
Statutory reference:
   Related provisions, see W.Va. Code § 61-7-11
§ 134.37  POSSESSING DEADLY WEAPONS ON EDUCATIONAL FACILITIES PREMISES.
Editor’s note:
   This former section which was derived from W.Va. Code § 61-7-1a is no longer included in the codified ordinances. By Acts 1995, Ch. 90, the West Virginia Legislature reclassified such offense as a felony. Charges for possessing deadly weapons on premises of educational facilities should now be filed under state law.
(Prior Code, § 545.09)
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