laws.show

"(b) It shall be unlawful for any person to carry, transport, or have in his possession any machine gun, sub-machine gun, and what is commonly known as a high powered rifle, or any gun of a similar kind or character, or any ammunition therefor, except on his own premises or premises leased to him for a fixed term, until such person shall have first obtained a permit from the superintendent of the department of public safety of this state, and approved by the governor, or until a license therefor shall have been obtained from the circuit court as in the case of pistols and all such licenses together with the numbers identifying such rifle shall be certified to the superintendent of the department of public safety. Provided, further, that nothing herein shall prevent the use of rifles by bona fide rifle club members who are freeholders or tenants for a fixed term in this state at their usual or customary place of practice, or licensed hunters in the actual hunting of game animals. No such permit shall be granted by such superintendent except in cases of riot, public danger, and emergency, until such applicant shall have filed his written application with said superintendent of the department of public safety, in accordance with such rules and regulations as may from time to time be prescribed by such department of public safety relative thereto, which application shall be accompanied by a fee of two dollars to be used in defraying the expense of issuing such permit and said application shall contain the same provisions as are required to be shown under the provisions of this act by applicants for pistol licenses, and shall be duly verified by such applicant, and at least one other reputable citizen of this state. Any such permit as granted under the provisions of this act may be revoked by the governor at his pleasure upon the revocation of any such permit the department of public safety shall immediately seize and take possession of any such machine gun, sub-machine gun, high powered rifle, or gun of similar kind and character, held by reason of said permit, and any and all ammunition therefor, and the said department of public safety shall also confiscate any such machine gun, sub-machine gun and what is commonly known as a high powered rifle, or any gun of similar kind and character and any and all ammunition therefor so owned, carried, transported or possessed contrary to the provisions of this act, and shall safely store and keep the same, subject to the order of the governor. No alien shall own, keep or possess any firearm of any kind or character. It shall be unlawful for any person, firm or corporation to place or keep on public display to passersby on the streets, for rent or sale, any revolver, pistol, dirk, bowie knife, slung shot or other dangerous weapon of like kind or character or any machine gun, sub-machine gun or high powered rifle or any gun of similar kind or character, or any ammunition for the same.

    All dealers licensed to sell any of the forgoing arms or weapons shall take the name, address, age and general appearance of the purchaser, as well as the maker of the gun, manufacturer’s serial number and caliber, and report the same at once in writing to the superintendent of the department of public safety.

    It shall be unlawful for any person to sell, rent, give or lend any of the above mentioned arms to an unnaturalized person.

    Any person violating the provisions of sub-section (b) of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars, nor more than three hundred dollars, or confined in the county jail not less than thirty days nor more than six months, or both such fine and imprisonment, in the discretion of the court. All acts and parts of acts inconsistent herewith are hereby repealed."

Full Text: 1925, WV, Acts of the Legislature of West Virginia, First Extraordinary Session, ch. 3


First Extraordinary Session in Acts of the Legislature of west Virginia: Regular and First Extraordinary Sessions 1925 (Charlestown, WV: Tribune Printing Co., 1925), 30-32 [paginated separately]. Chapter 3—An Act to Amend and Re-Enact Section Seven of Chapter One Hundred and Forty-Eight of the Code of West Virginia, as Amended and Re-Enacted by Chapter Fifty--One of the Acts of the Legislature of West Virginia, One Thousand Nine Hundred and Nine, Regular Session, and as Further Amended and Re-Enacted by an Act of the Legislature of West Virginia, Regular Session, One Thousand Nine Hundred and Twenty-Five, Relating to Offenses Against the Peace; Providing for the Granting and Revoking of Licenses and Permits Respecting the Use, Transportation and Possession of Weapons and Fire Arms; Restricting the Manner of the Sale and Display of Weapons and Fire Arms; Imposing Liability Upon Certain Persons for the Accidental or Improper, Negligent or Illegal Discharges of Weapons and Fire Arms; Defining the Powers and Duties of Certain Officers in the Granting and Revocation of Said Licenses and Permits, and Providing Penalties for the Violation of This Act and Any Part Thereof, §§ 7(a)-7(b). Passed June 5, 1925.