ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 1005

(By Senator Tomblin (Mr. President),

By Request of the Executive)

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[Passed May 14, 2010; in effect ninety days from passage.]

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AN ACT 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; prohibiting persons other than law- enforcement officers acting in their official capacity from soliciting others to violate state and federal firearms laws; distinguishing between firearms and other deadly weapons for criminal offense purposes; and modifying 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) 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) Any person who violates the provisions of subsections (a) or (c) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five thousand dollars 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 is other than a natural person, such person shall be fined not more than ten thousand dollars.
  (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, 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) 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) Any person who violates any of the provisions of subsection (d) 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 ten 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 person shall be fined not more than $250,000.
  (f) 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.