Bill Text: WV HB101 | 2010 | 1st Special Session | Introduced

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Bill Title: Penalties and punishment for knowingly soliciting, persuading, encouraging or enticing a firearm or ammunition dealer or private seller to violate firearm laws

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-05-14 - Tabled on 2nd reading, House Calendar [HB101 Detail]

Download: West_Virginia-2010-HB101-Introduced.html

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H. B. 101

          (By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
          [By Request of the Executive]
          [Introduced May 13, 2010.]

A BILL to amend and reenact §61-7-10 of the Code of West Virginia, 1931, as amended, relating to the unlawful transfer of firearms or ammunition to prohibited persons; increasing fines and penalties for certain offenses; creating felony offenses relating to the transfer of firearms or ammunition under certain circumstances; and establishing criminal penalties.

Be it enacted by the Legislature of West Virginia:
     That §61-7-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.

§61-7-10. Display of deadly weapons for sale or hire; sale to prohibited persons; penalties.

     (a) (1) It shall be is unlawful for any A person to may not publicly display and offer for rent or sale, or, where the person is other than a natural person, to 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.
     (2) (b) Any person violating the provisions of subsection (1) (a) of this section shall be 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 this subsection is other than a natural person, such person shall be fined not more than $10,000.
     (b)(1) (c) It shall be unlawful for any A person to may not knowingly sell, rent, give or lend, or, where the person is other than a natural person, to knowingly permit an employee thereof to knowingly sell, rent, give or lend, any deadly weapon, firearm or ammunition to a person prohibited from possessing same a deadly weapon, a firearm or ammunition by any provision of this article or by 18 U.S.C. §922(g) or (n) or other applicable federal law.
_____(2) (d) Any person violating the provisions of who violates any of the provisions of subsection (c) of this subsection shall be section is guilty of a felony and, upon conviction thereof, shall be fined not more than twenty-five thousand dollars $100,000, or shall be imprisoned in the penitentiary of this state in a state correctional facility for a definite term of years of not less than three years nor more than ten years, or both fined and imprisoned, except that where the person violating the provisions of committing an offense punishable under this subsection is other than a natural person, such person shall be fined not more than fifty thousand dollars $250,000.
_____(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 of not less than one year nor more than five years, or both fined and imprisoned.

     NOTE: The purpose of this bill is to prohibit and punish anyone, aside from law-enforcement officers, from knowingly soliciting, persuading, encouraging or enticing a firearm or ammunition dealer or private seller to violate firearm laws.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.