s 61-7-4  License to carry deadly weapons; how obtained.

   (a) Except as provided in subsection (h) of this section, any person desiring
 to obtain a state license to carry a concealed deadly weapon shall apply to the
 circuit court of his or her county for such license, and shall pay to the clerk
 of the circuit court, at the time of application, a filing fee of twenty
 dollars. The applicant shall file with the clerk of the circuit court an
 application in writing, duly verified, which sets forth the following:
   (1) That the applicant is a citizen of the United States of America or
 lawfully resides in the United States of America;
   (2) That, on the date the application is made, the applicant is a bona fide
 resident of this state and of the county in which the application is made;
   (3) That the applicant is eighteen years of age or older;
   (4) That the applicant is not addicted to alcohol, a controlled substance or
 a drug, and is not an unlawful user thereof;
   (5) That the applicant has not been convicted of a felony or of an act of
 violence involving the misuse of such deadly weapon;
   (6) That the applicant desires to carry such deadly weapon for the defense of
 self, family, home or state, or other lawful purpose;
   (7) That the applicant is physically and mentally competent to carry such
 weapon;
   (8) That, in the case of a person applying for a license to carry a concealed
 pistol or revolver, the applicant has qualified under minimum requirements for
 handling and firing such firearms. These minimum requirements are those
 promulgated by the division of natural resources and attained under the
 auspices of the division of natural resources: Provided, That the court shall
 waive this requirement in the case of a renewal applicant who has previously
 qualified: Provided, however, That the following may be substituted for those
 minimum requirements promulgated by the division of natural resources:
   (A) Successful completion of any official national rifle association firearms
 safety or training course;
   (B) Successful completion of any firearms safety or training course or class
 available to the general public offered by an official law-enforcement
 organization, community college, junior college, college, or private or public
 institution or organization or firearms training school, utilizing instructors
 currently certified by the national rifle association;
   (C) Successful completion of any firearms training or safety course or class
 conducted by a firearms instructor certified as such by the state or by the
 national rifle association.
   A photocopy of a certificate of completion of any of the courses or classes
 or an affidavit from the instructor, school, club, organization, or group that
 conducted or taught said course or class attesting to the successful completion
 of the course or class by the applicant or a copy of any document which shows
 successful completion of the course or class, shall constitute evidence of
 qualification under this section.
   (b) The court shall issue or deny such license within thirty days after the
 application is filed with the circuit clerk. The court shall, if necessary,
 hear evidence upon all matters stated in such application and upon any other
 matter related to the eligibility of the applicant under subsection (a) of this
 section. If from such application or the proof it appears that the purpose for
 such person to carry such weapon is defense of self, family, home or state, or
 other lawful purpose, and all other conditions in subsection (a) are complied
 with, the court, or the judge thereof in vacation, shall grant such license.
   (c) In the event an application is denied, the specific reasons for the
 denial shall be stated in the order of the court denying the application. Upon
 denial of an application and at the request of the applicant made within ten
 days of such denial, the court shall schedule the matter for a hearing. The
 applicant may be represented by counsel, but in no case shall the court be
 required to appoint counsel for an applicant. The final order of the court
 shall include the court's findings of fact and conclusions of law.
   (d) If an application is approved, the court shall require in its order
 granting the license that before any license shall be issued or become
 effective, the applicant shall pay to the sheriff a license fee in the amount
 of fifty dollars. Any such license shall be valid for five years, unless sooner
 revoked.
   (e) All license fees collected hereunder shall be paid by the sheriff and
 accounted for to the auditor as other license taxes are collected and paid, and
 the state tax commissioner shall prepare all suitable forms for licenses and
 certificates showing that such license has been granted and shall do any other
 act required to be done to protect the state and see to the enforcement of this
 section.
   (f) The clerk of the circuit court shall, immediately after the license is
 granted as aforesaid, furnish the superintendent of the West Virginia state
 police a certified copy of the order of the court granting such license, for
 which service the clerk shall be paid a fee of two dollars which shall be taxed
 as costs in the proceeding. It shall be the duty of the clerk of each circuit
 court to furnish to the superintendent of the West Virginia state police, at
 any time so requested, a certified list of all such licenses issued in the
 county.
   (g) No person who is engaged in the receipt, review, or in the issuance of
 such license shall incur any civil liability as the result of the lawful
 performance of his or her duties under this article.
   (h) Notwithstanding the provisions of subsections (a) and (d) of this
 section, with respect to application by a former law-enforcement officer
 honorably retired from agencies governed by article fourteen [s 7-14-1 et
 seq.], chapter seven; article fourteen [s 8-14-1 et seq.], chapter eight; and
 article seven [s 20-7-1 et seq.], chapter twenty of this code, an honorably
 retired officer is exempt from payment of fees and costs as otherwise required
 by this section, and the application of the honorably retired officer shall be

 granted without proof or inquiry by the court as to those requirements set
 forth in subdivisions (6) and (8) of subsection (a) of this section, if the
 officer meets the requirements of subdivisions (1) through (5) and subdivision
 (7) of subsection (a) of this section and has the approval of the appropriate
 chief law-enforcement officer.

 (1989, c. 48; 1995, c. 144.)

 s 61-7-5  Revocation of license.

   A license to carry a deadly weapon shall be deemed revoked at such time as
 the person licensed becomes unable to meet the criteria for initial licensure
 set forth in section four [s 61-7-4] of this article. Any person licensed under
 the provisions of this article shall immediately surrender his or her license
 to the circuit court upon becoming ineligible for continued licensure.
 (1989, c. 48.)

 s 61-7-6  Exceptions as to prohibitions against carrying concealed deadly
   weapons.

   The licensure provisions set forth in this article shall not apply to:
   (1) Any person carrying a deadly weapon upon his 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 this
 state, or from the United States for the purpose of target practice, from
 carrying any pistol, as defined in this article, unloaded, from his home,
 residence or place of business to a place of target practice, and from any such
 place of target practice back to his 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 section one [s 30-29-1], article twenty-nine, chapter thirty of this
 code;
   (4) Any employee of the West Virginia department of corrections duly
 appointed pursuant to the provisions of section five [s 28-5-5], article five,
 chapter twenty-eight of this code while such employee is on duty;
   (5) Any member of the armed forces of the United States or the militia of
 this state while such member is on duty;
   (6) Any circuit judge, prosecuting attorney, assistant prosecuting attorney
 or a duly appointed investigator employed by a prosecuting attorney.

 (1989, c. 48.)