WV Firearm sale/gift/rent law question...

This is a discussion on WV Firearm sale/gift/rent law question... within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Can any of you WV folks chime in? I'm a bit confused here...particularly the bolded section. How does this affect storefronts or even private sellers ...

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Thread: WV Firearm sale/gift/rent law question...

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    VIP Member Array packinnova's Avatar
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    Question WV Firearm sale/gift/rent law question...

    Can any of you WV folks chime in? I'm a bit confused here...particularly the bolded section. How does this affect storefronts or even private sellers in WV?

    I can see it now...
    Gun store employee: Hey buddy...I've got a nice Mossy 12g for sale over here.
    Prospect: Really...gee what's it look like? Can I see it first?
    Gun store employee: Nope sorry. You can buy it, but I can't show it to you first...then again...I can't advertise it either so on second thought...fuhgettaboutit. Scram.

    61-7-10. Display of deadly weapons for sale or hire; sale to prohibited persons; penalties.
    (a) (1) It shall be unlawful for any person to publicly display and offer for rent or sale, or, where the person is other than a natural person, to knowingly permit an employee thereof to publicly display and offer for rent or sale, to any passersby on any street, road or alley, any deadly weapon, machine gun, submachine gun or other fully automatic weapon, any rifle, shotgun or ammunition for same.

    (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five thousand dollars or shall be confined in the county jail for not more than one year, or both fined and confined, except that where the person violating the provisions of this subsection is other than a natural person, such person shall be fined not more than ten thousand dollars.

    (b) (1) It shall be unlawful for any person to knowingly sell, rent, give or lend, or, where the person is other than a natural person, to knowingly permit an employee thereof to knowingly sell, rent, give or lend, any deadly weapon to a person prohibited from possessing same by any provision of this article.

    (2) Any person violating the provisions of this subsection shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than twenty-five thousand dollars or shall be imprisoned in the penitentiary of this state for a definite term of years of not less than three years nor more than ten years, or both fined and imprisoned, except that where the person violating the provisions of this subsection is other than a natural person, such person shall be fined not more than fifty thousand dollars.
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    Member Array tflhndn's Avatar
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    IANAL and do not lvie in WV, but, the language seems to indicate no window displays of firearms for sale or rent, or setting up a table outside with firearms on display where it can be seen from the sidewalk....

    The key words being "publicly display" and "passerby."

    A person entering a gun store, would not be a passerby, and anything on display inside the store, not visable from the street would not be "publicly displayed."

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    VIP Member Array jwhite75's Avatar
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    I also think that it is intended to stop non firearms ealers form selling firearms in their non firearm businesses. in "back alley" or private straw sales. Just trying to interpret the code.
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