H. B. 2558

          (By Delegates Overington, J. Nelson, J., Folk, Faircloth, Butler, Cadle, Householder, Sobonya and Miller)

          [Introduced February 20, 2013; referred to the
          Committee on Political Subdivisions then Judiciary.]


A BILL to amend and reenact §8-12-5a of the Code of West Virginia, 1931, as amended, relating to repealing the "grandfather" clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition, from the general provision prohibiting such ordinances.
Be it enacted by the Legislature of West Virginia:
     That §8-12-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-5a. Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.
  (a) The provisions of section five of this article notwithstanding, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition.
  Nothing herein shall in any way (b) This section does not:
__(1) Impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution; Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section: Provided, however, That no provision in this section may be construed to or
__(2) Limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.



  NOTE: The purpose of this bill is to remove the "grandfather" clause that excepts municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition, from the general provision prohibiting such ordinances, if the ordinance was adopted prior to June 1, 1999.

  Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.