Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1909-07-01
Law Relating to Carrying Deadly
Weapons.

The following is the full text OF the law
relating to the carrying of weapons passed
by the recent session of the Legislature
Be il enacted by the Legislature OF
West Virginia, that section OF chapter
l48 of the code be amended and re- enact
ed so as TO read as follows:
Sec. 7. If any person, without a state
license therefor, carry about his person
any revolver or other pistol, dirk, bowie
knife, slung shot, razor, billy, metallic or
other false knuckles, or any other danger
Gus weapon OF like kind and character, he
shall be guilty of amisdemeanor, and upon
conviction thereof be confined in the
county jail for period of not less than
six nor more than twelve months for the
first offense; but upon conviction OF the
same person for the second offense in this
State, he shall be guilty of felony and
be confined in the pententiary 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; 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 it shall be the
second offense it shall be so stated in the
indictment returned, and the prosecuting
attorney shall introduce the record evil
| dence before the trial court OF said second
| offenSe, and shall not be permitted to use
his discretion in charging said second OF
tense nor introducing evidence to prove
the same on the trial. provided, that boys
under the age of eighteen years, upon the
second conviction, may, al the decretion
Of the court, be sent to the reform school
of the State. Any person may obtain a
State license to carry any such weapon
within any county in this State by pub
fishing notice in some newspaper pub
liShed in the county in which he resides,
setting forth his name, residence and oc-
| cupation, and that on a certain day he will
apply TO the circuit court OF his county for
such state license, and after the publica-
ton OF such notice for at least ten days
before said application is made and at the
time stated in said notice upon application
to said circuit court, il may grant such
person a license in the following manner,
| to-wit:
First. Such person must prove to said
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 intoxcation, and has not been
convicted OF felony or any other offenSe
involving the use on his part in any un-
lawful manner of any such weapon.
Second. He shall file with said court an
application stating the purpose or purpos-
es for which he desires to carry any such
weapon, and shall show in such applica-
ton, and prove TO the court, good reason
and cause for carrying such weapon.
Thereupon, if such circuit court be salts
fled from the proof that there is good
reason and cause for such person to carry
such weapon, and all of the other condi-
lions of this act be complied with, said
circuit court may grant said license; but
before the said license shall be effective
such person shall pay TO the sheriff, and
the court shall so specify in its order
granting the license, the sum of ten dol
lars, and shall also file a bond with the
clerk of said court, in the penalty of three
thousand five hundred dollars, with good
security, signed by 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 accordance
with his said application and as authorized
by the court, and that he will pay all costs
and damages occurring TO any ,one by the
accidental or improper, negligent or lille
gal discharge or use of said pistol. Any
such license shall be good for one year,
unless sooner revoked, and be co-exten-
sive with the State, and all licenses COL
lected hereunder shall be accounted for
to the auditor and paid over by the sheriff
as other license taxes are collected and
paid, and the State tax commissioner
shall prepare all suitable forms for licenses
and bonds and certificate showing that
such licenses have been granted, and do
anything else in the premises to protect
the state and to see to the enforcement OF
this act
Provided, that nothing herein shall pre-
vent any person from carrying any such
weapon, in good faith and not for fell
onious purpose, upon his own premises,
nor shall anything herein preventa person
from carrying any such weapon land if it
be revolver or other pistol unloaded)
from the place OF purchase to his home or
place of residence or place of repair and
back to his home or residence; and, pro-
vided, further, that in case of riot, public
danger and emergency, justice OF the
peace or other person issuing warrant
may authorize special constable and his
posse to carry weapons for the purpose
of executing process, and a sheriff in
such cases may authorize deputy or
posse to carry weapons.
Provided, further, that nothing herein
contained shall be so construed as to pro-
hibit regularly elected sheriffs, their regu-
larly appointed deputies, who collect tax
es in each county, and all regularly elected
constables in their respective counties
and districts, and all regularly appointed
police officers OF their respective cities,
towns or villages, from carrying such
weapons as they are now authorized by