The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1909-03-10
Full Text of One Of the Most
Important New Laws
Of the State.

Fffl ~ 49,
of tfe STATE
Following Is the full text Of The
pistol toting act which win be ef..
fectIye in this stats on and after Mas
I17snext:
BE II enacted by the legislature d
West Virginia:
That section seven of chapter one
hundred and forty-elght Of the Code
be amended and re-enacted so as e
read as follows:
Kinds of Weapons.
See. a. If any person. without i
State license therefor carry about his
person any revolver or other pistol,
dirk, bowie knife. slung shot razor,
billy, metallic or other false knuclles,
or any other dangerous or deadly
weapon Of like kind and character, he
shall be guilty OF misdemeanor. ana
upon conviction thereof be confined IL
the county jan for a period of not less
than six nor more than twelve months
for the first otfehse; but upon conyic-
ton of the same person for the secs
ond offense in this State, he shall be
guilty Of a felony and be- confined In
the penitentiary not less than one
nor more than five years. and in
either case fined not less than fifty
nor more than two hundred dollars,
at the discretion Of the court;i and it
shall be the duty Of the prosecuting
attorney in. all cases to ascertain
whether or not the charge made by
the grand jury is the first or second
offense, and If 1t shall be the second
oftense it shall be. SO stated In the in
dictment returned, and the prosecute
ing attorney shall introduce the rec
ord evidence before the trial court of
said second offense, and shah not be
permitted to use his discretion in
changing said second offense nor I'M
introducing evidence to prove the
same on trial: provided, that boys I'M
der the age of eighteen years, upon
the SECOND conviction, may, at the tiis-
erection of the court, be sent to the res
form school of the state. Any per-
son may obtain a State license to car.
ry any such weapon within any coun-
ty in this. State by publishing a notice
IN some newspaper published in the
county in which he resides. setting
forth his name. residence ana ocou-
patton. and that on a certain day he
win apply to the, circuit court of his
county for such State license, and aft
ter the publication of. such notice ali
least ten days before said appnca-
ton Is made and at the time stated
In said notice upon application 10
said circuit court 1t may grant such
person a license in the following
manner. to-wit:
How to Get License.
First.-Such person must prove TO
satd court that he is over twenty-one
years of age; that he is person of
good moral character, of temperate
habits, and is not addicted to intoxlca-
ton, and has not been convicted OF a
felony n6r of any other offense I'M
yolving the use on his part in an
manner of any such weapon.
second.-He shall file with said
court an application stating the pur-
pose or purposes for which he desires
to carry any such weapon, and shall
show in such application, and prove
to the court, good reason and cause
for carrying such weapon. There
upon, II such circuit court be satisfied
from the proof that there is good rea-
son and cause for such person to
carry such weapon, and all the other
conditions of this act be complied
with. said circuit court may grant
said license; but before the said IL
cense shall be effective such person
shall pay, to the sheriff, and the court
shall so certify in its order granting
the license. the sum of ten dollars.
and shall also file a bond with the
clerk OF said court. with good securi-
ty. signed by a responsible person or
persons, or by some surety company.
authorized to do business in this State.
conditioned that such applicant will
not carry such weapon except in ac-
cordance with his said application and
as authorized by the court. and that
he shall pay all costs and damages co
cruing to any one by the accidental
discharge <or improper. negligent or
Illegal discharge or use of said piss
toll. Any such license shall be good
for one year, and be co-extensive with
the State. unless sooner revoked. and
all licenses collected hereunder shan.
be accounted for to the auditor and
paid over by the sheriffs as other
license taxes are collected and paid.
and the state tax commissioner shall
prepare all suitable forms for licenses
and bonds and certificates showing
that such license has been grantd.
and do anything else in the premises
to protect the State and to see to the
enforcement OF this, act.
May Carry on Premises.
Provided. That herein shall pre-
want 49,, y,arsn,, from ca1.r,,,,..