reglab/housing_qa huggingface dataset:
WV Code § 61-7-16 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7. Dangerous Weapons|§61-7-16. Chief Officer Certification to Transfer or Make Certain Firearms; Definitions; Appeal

(a) When certification of a chief law-enforcement officer is required by federal law or regulation for the making, transfer, receipt or possession of a firearm, the chief law-enforcement officer shall, within thirty days of receipt of such a request, provide such certification upon determining that to his or her knowledge the applicant is not prohibited by federal, state or local law from making, transferring, receiving or possessing the firearm for which application is being made and is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing a firearm. If the chief law-enforcement officer is unable to make a certification as contemplated by this section, he or she shall provide the applicant written notification of the action setting forth the reasons therefor.(b) For purposes of this section:(1) "Chief law-enforcement officer" means any official, or his or her designee, that the Bureau of Alcohol, Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide the required law-enforcement certification for the making, transfer, receipt or possession of a firearm.(2) "Certification" means written confirmation by the chief law-enforcement officer necessary under federal law that the applicant seeking to make, transfer, receive or possess a firearm is not to the chief law-enforcement officer's knowledge prohibited by federal, state or local law from making, transferring, receiving or possessing the designated firearm.(3) "Firearm" has the same meaning as provided in the National Firearms Act, 26 U. S. C. §5845 (a).(c) Chief law-enforcement officers and their designees who act in good faith are immune from liability arising from any act or omission related to certifying a responsible person.(d) An applicant whose request for certification is denied may appeal the chief law-enforcement officer's decision to the circuit court of the applicant's county of residence. If the circuit court finds that the applicant is not prohibited by law from making, transferring, receiving or possessing a firearm and is not the subject of a proceeding that could result in prohibition, the circuit court shall order the chief law-enforcement officer to issue the certification and may award costs and reasonable attorney's fees to the applicant.(e) A generalized objection to persons or entities making, transferring, receiving or possessing firearms or particular types of firearms which may be lawfully made, transferred, received or possessed does not constitute a valid basis for refusing certification.(f) In making the certification decision the chief law-enforcement officer shall require of the applicant only such information as is necessary to identify the applicant for purposes of this section or to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm.
WV Code § 61-7-17 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7. Dangerous Weapons|§61-7-17. Construction of Article

Nothing in this article should be construed to abrogate or modify statutory provisions and common law decisions related to defense of self or others.
WV Code § 61-7A-1 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7A. State Mental Health Registry; Reporting of Persons Proscribed From Firearm Possession Due to Mental Condition to the National Instant Criminal Background Check System; Legislative Findings; Definitions; Reporting Requirements; Reinstatement of Rights Procedures|§61-7A-1. Legislative Intent

It is the intention of the Legislature in the enactment of this article to clarify the persons whom it intends to proscribe from the possession of firearms due to mental illness; establish a process in reporting the names of persons proscribed from possession of firearms due to mental illness to the central state mental health registry; authorize reporting by registry to the National Instant Criminal Background Check System; and to prescribe a means for reinstating one's ability to lawfully possess a firearm.
WV Code § 61-7A-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7A. State Mental Health Registry; Reporting of Persons Proscribed From Firearm Possession Due to Mental Condition to the National Instant Criminal Background Check System; Legislative Findings; Definitions; Reporting Requirements; Reinstatement of Rights Procedures|§61-7A-2. Definitions

As used in this article and as the terms are deemed to mean in 18 U. S. C. § 922(g) and section seven, article seven of this chapter as each exists as of January 31, 2008:(1) “A person adjudicated as a mental defective” means a person who has been determined by a duly authorized court, tribunal, board or other entity to be mentally ill to the point where he or she has been found to be incompetent to stand trial due to mental illness or insanity, has been found not guilty in a criminal proceeding by reason of mental illness or insanity or has been determined to be unable to handle his or her own affairs due to mental illness or insanity. A child under fourteen years of age is not considered “a person adjudicated as a mental defective” for purposes of this article.(2) “Committed to a mental institution” means to have been involuntarily committed for treatment pursuant to the provisions of chapter twenty-seven of this code. Children under fourteen years of age are not considered “committed to a mental institution” for purposes of this article. “Committed to a mental institution” does not mean voluntary admission for mental health treatment.(3) “Mental institution” means any facility or part of a facility used for the treatment of persons committed for treatment of mental illness.
WV Code § 61-7A-4 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7A. State Mental Health Registry; Reporting of Persons Proscribed From Firearm Possession Due to Mental Condition to the National Instant Criminal Background Check System; Legislative Findings; Definitions; Reporting Requirements; Reinstatement of Rights Procedures|§61-7A-4. Confidentiality; Limits on Use of Registry Information

(a) Notwithstanding any provision of this code to the contrary, the Superintendent of the State Police, the Secretary of the Department of Health and Human Resources, the circuit clerks, and the Administrator of the Supreme Court of Appeals may provide notice to the central state mental health registry and the National Instant Criminal Background Check System established pursuant to Section 103(d) of the Brady Handgun Violence Protection Act, 18 U. S. C. §922, that a person: (i) Has been involuntarily committed to a mental institution ; (ii) has been adjudicated as a mental defective ; or (iii) has regained the ability to possess a firearm by order of a circuit court in a proceeding under section five of this article.(b) The information contained in the central state mental health registry is to be used solely for the purpose of records checks related to firearms purchases and for eligibility for a state license or permit to possess or carry a concealed firearm.(c) Whenever a person's name and other identifying information has been added to the central state mental health registry, a review of the state concealed handgun registry shall be undertaken and if such review reveals that the person possesses a current concealed handgun license, the sheriff of the county issuing the concealed handgun license shall be informed of the person's change in status.
WV Code § 61-7B-1 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-1. Short Title

This article shall be known and may be cited as the West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act.
WV Code § 61-7B-3 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-3. Definitions

For purposes of this article, the following words and phrases have the following meaning:"Commandeering" means taking control of or seizing the assets, personnel, or operations of an agency of this state, or of a political subdivision of this state, or the employees of an agency or political subdivision of this state without the express authority for the control having been formally given by the state or political subdivision of the state."Federal commandeering" means commandeering by the government of the United States, or any department, bureau, agency, or commission of the assets, personnel, operations, or employees of an agency of this state, or of a political subdivision."Inconsistent federal firearms law, regulation, or rule" means a federal statute, regulation, or rule relating to firearms, firearms accessories, or ammunition that is inconsistent with the laws of the State of West Virginia. Inconsistent federal firearms law also means and includes any federal firearms law which the enactment, enforcement, or execution of which violates the Second Amendment of the Constitution of the United States."Inconsistent presidential firearms executive order or action" means an executive order or action issued by the President of the United States relating to the enforcement or execution of an inconsistent federal firearms law."Inconsistent with the law of West Virginia" in the context of an inconsistent federal firearms law means a federal firearms law which criminalizes the possession of a firearm, firearm accessory, or ammunition for federal purposes when the possession of that firearm, firearm accessory or ammunition would not be, and is not, a violation of the law of the State of West Virginia. "New inconsistent federal firearms law" means an inconsistent federal firearms law that was not in effect prior to January 1, 2021."New inconsistent presidential firearms executive order or action" means an inconsistent presidential firearms executive order or action which was not in effect prior to January 1, 2021."Red flag law" means a law under which a person may petition for a court to temporarily take away another persons right to possess a firearm which it is otherwise lawful under the law of West Virginia for the respondent to possess.
WV Code § 61-7B-4 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-4. Federal Commandeering Prohibited

No agency of this state, political subdivision of this state, or employee of an agency, or political subdivision of this state, acting in his or her official capacity, may be commandeered by the United States government under an executive order or action of the President of the United States or under an act of the Congress of the United States. Federal commandeering of West Virginia law-enforcement for purposes of enforcement of federal firearms laws is prohibited.
WV Code § 61-7B-5 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-5. Prohibitions on Police Activity

(a) No police agency, department, or officer of this state may participate in the executionof a federal search warrant when the only property sought to be taken and seized under the warrant is firearms, firearms accessories, or ammunition which is lawful for the person, whose premises are to be searched, to possess under the laws of this state.(b) No police department, agency or officer of this state may participate in the execution of a federal arrest warrant of a citizen of this state or a person subject to the protections of the state constitution and the laws of West Virginia when the federal arrest warrant charges no crime other than the crime of the possession of firearms, firearm accessories, or ammunition which is lawful for the person who is to be arrested under the warrant to possess under the laws of this state.(c) No police department, agency, or officer of the state may enforce an order under a red flag law against a citizen of this state or a person subject of the protections of the laws of this state when the person against whom the order is directed has the lawful right under the laws of this state to possess firearms.(d) No police department, agency, or officer of this state engaged in a traffic stop or in response to a noise complaint may arrest or detain a person who is subject to the protection of the Constitution and laws of this state for the violation of a new inconsistent federal firearms law or inconsistent presidential executive order or action.
WV Code § 61-7B-6 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-6. Prohibition on Court Action

No court of this state has authority or jurisdiction to issue an order depriving a citizen of this state of his or her right to possess firearms, firearms accessories, or ammunition under any red flag law.
WV Code § 61-7B-7 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-7. Permitted Activities

Notwithstanding the limitations in sections four and five of this article, this article does not prevent any West Virginia law-enforcement agency from doing any of the following that does not violate any policy of the law-enforcement agency or any local law or policy of the jurisdiction in which the agency is:(1) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for, a violation of law that is detected during law-enforcement activity authorized by law;(2) Responding to a request from federal law-enforcement authorities for information about a specific persons criminal history, including previous criminal arrests, convictions, address, or similar criminal history information, or where otherwise permitted by state law; or(3) Conducting enforcement or investigative activities or duties associated with a joint law-enforcement task force, including the sharing of confidential information with other law-enforcement agencies for purposes of task force investigations, as long as the following conditions are met:(A) The primary purpose of the joint law-enforcement task force is something other than the enforcement of inconsistent federal firearms laws; or(B) The enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to enforcement of inconsistent federal firearms laws.
WV Code § 61-7B-8 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-8. Attorney General Authorized and Directed to Challenge Unconstitutional Federal Actions Related to Firearms

Whenever any federal statute, presidential executive order, agency order, federal law, rule, or regulation is determined by the Attorney General of this state to infringe upon the right to keep and bear arms affirmed under the Second Amendment to the Constitution of the United States, the Attorney General shall commence and prosecute legal challenges to the federal action. In exercising and discharging the duties required by this section, the Attorney General shall pursue all available appeals in the courts of the United States, and he or she may expend the public moneys necessary for these purposes. The Attorney General may solicit the participation in these efforts of attorneys general of the other states of the United States and join actions brought by attorneys general of other states or other persons seeking to protect such rights.
WV Code § 61-7B-9 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-9. Attorney General to Publish Model Policies

On or before January 1, 2022, and as often thereafter as he or she shall consider necessary, the Attorney General shall publish policies for police departments and agencies of this state, and for the police departments and agencies of the political subdivisions of this state, providing guidance on resistance to federal commandeering and lawful measures which can be taken by the law-enforcement agencies and departments of this state and its political subdivisions to protect the citizens of this state from the consequences of any attempts or efforts at federal commandeering.
WV Code § 61-7B-10 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 7B. The West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act|§61-7B-10. Law-Enforcement Immunity

(a) No head of a law-enforcement agency or law-enforcement officer under his or her command may be required, at the direction of an agency of the federal government, to act in a law-enforcement capacity to enforce a federal statute, executive order, agency order, rule or regulation determined by the Attorney General to infringe upon rights granted by the Second Amendment of the Constitution of the United States.(b) No head of a law-enforcement agency or law-enforcement officer may be held liable civilly or criminally, nor shall his or her employment be terminated, nor shall he or she be decertified as a law-enforcement officer, for refusing to enforce a federal statute, executive order, agency order, rule, or regulation determined by the Attorney General of West Virginia to infringe upon the right to keep and bear arms under the Second Amendment to the Constitution of the United States while the constitutionality of the statute, executive order, agency order, rule, or regulation is being challenged judicially pursuant to 61-7B-8 of this code, nor thereafter if the challenge is successful.(c) Any head of a law-enforcement agency or law-enforcement officer under his or her command who is charged criminally or civilly, or who has had his or her employment terminated, or who has had his or her certification as a law enforcement officer suspended or revoked, for failing or refusing to enforce a federal statute executive order, agency order, rule, or regulation referenced in subsection (a) of this section is entitled to reimbursement of reasonable attorneys fees related to his or her defense.
WV Code § 61-8-1 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8. Crimes Against Chastity, Morality and Decency|§61-8-1. Bigamy -- Penalty

Any person, being married, who, during the life of the former husband or wife, shall marry another person in this state, or, if the marriage with such other person take place out of this state, shall thereafter cohabit with such other person in this state, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than five years.
WV Code § 61-8-2 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8. Crimes Against Chastity, Morality and Decency|§61-8-2. Same -- Effect of Absence, Divorce or Void Marriage

The preceding section shall not extend to a person whose former husband or wife has been continuously absent from such person for seven years next before the marriage of such person to another, and shall not have been known by such person to be living within that time; nor to a person who shall, at the time of the subsequent marriage, have been divorced from the bond of the former marriage, and the term fixed by the decree of the court granting the divorce, in which the parties may not remarry save to each other, shall have elapsed, or whose former marriage shall, at that time, have been declared void by the sentence of a court of competent jurisdiction.
WV Code § 61-8-6 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8. Crimes Against Chastity, Morality and Decency|§61-8-6. Detention of Person in Place of Prostitution; Penalty

Whoever shall by any means keep, hold, detain or restrain any person in a house of prostitution or other place where prostitution is practiced or allowed; or whoever shall, directly or indirectly, keep, hold, detain or restrain, or attempt to keep, hold, detain or restrain, in any house of prostitution or other place where prostitution is practiced or allowed, any person by any means, for the purpose of compelling such person, directly or indirectly, to pay, liquidate or cancel any debt, dues or obligations incurred or said to have been incurred by such person shall, upon conviction for the first offense under this section, be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than $100 nor more than $500, and upon conviction for any subsequent offense under this section shall be punished by imprisonment in the penitentiary for not less than one nor more than three years: Provided, That in any offense under this section where the person so kept, held, detained or restrained is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than two years nor more than five years or fined not more than $5,000, or both.
WV Code § 61-8-8 (2021)
2021 West Virginia Code|Chapter 61. Crimes and Their Punishment|Article 8. Crimes Against Chastity, Morality and Decency|§61-8-8. Receiving Support From Prostitution; Pimping; Penalty; Prostitute May Testify

Any person who, knowing another person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of such prostitute, or from money loaned or advanced to or charged against such prostitution by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall tout or receive compensation for touting for such prostitution, shall be guilty of pimping, and, upon the first conviction for such offense, shall be punished by imprisonment in the county jail for a period of not less than six months nor more than one year, and by a fine of not less than $100 nor more than $500; and, upon a conviction for any subsequent offense hereunder, shall be punished by imprisonment in the penitentiary for a period of not less than one nor more than three years: Provided, That where the prostitute referred to in this section is a minor, any person violating the provisions of this section shall be guilty of a felony, and, upon conviction shall be confined in the penitentiary not less than two years or fined not more than $5,000, or both. A prostitute shall be a competent witness in any prosecution hereunder to testify for or against the accused as to any transaction or conversation with the accused, or by the accused with another person or persons in the presence of the prostitute, even if the prostitute may have married the accused before or after the violation of any of the provisions of this section, whether called as a witness during the existence of the marriage or after its dissolution.