West Virginia Code § 61-7-2

Definitions
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As used in this article, unless the context otherwise requires:
(1) "Antique firearm" means:
(A) Any firearm, including, but not limited to, a firearm with a match lock, flintlock,
percussion cap, or similar type of ignition system which was manufactured on or before
1898;
(B) Any replica of any firearm described in paragraph (A) of this subdivision if such replica is
not designed or redesigned to use rimfire or conventional centerfire fixed ammunition which
is no longer manufactured in the United States and which is not readily available in the
ordinary channels of commercial trade; and
(C) Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol, which is
designed to use black powder, or black powder sublstitute, and which cannot use fixed
ammunition. For purposes of this subdivision, the term "antique firearm" shall not include
any weapon which includes a firearm frame or receiver, any firearm which is converted into
a muzzle-loading weapon, or any muzzle-loiading weapon which can be readily converted to
fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
(2) "Blackjack" means a short bludgeon consisting, at the striking end, of an encased piece of
lead or some other heavy substance and, at the handle end, a strap or springy shaft which
increases the force of impact when a person or object is struck. The term "blackjack"
includes, but is not limited to, a billy, billy club, sand club, sandbag, or slapjack.
(3) "Concealed" mea ns hidden from ordinary observation so as to prevent disclosure or
recognition. AV deadly weapon is concealed when it is carried on or about the person in such
a manner that another person in the ordinary course of events would not be placed on notice
that the deadly weapon was being carried. For purposes of concealed handgun licensees, a
licensee is considered to be carrying on or about his or her person while in or on a motor
vehicle if the firearm is located in a storage area in or on the motor vehicle.
(4) "Controlled substance" has the same meaning as is ascribed to that term in §60A-1-101(e)
of this code.
(5) "Deadly weapon" means an instrument which is designed to be used to produce serious
bodily injury or death or is readily adaptable to such use. The term "deadly weapon"
includes, but is not limited to, the instruments defined in subdivisions (1), (2), (5), (7), (8),
(9), (10), (11), (12), (13), (14), and (15), inclusive, of this section or other deadly weapons of
like kind or character which may be easily concealed on or about the person. For the
purposes of §18A-5-1a of this code and §61-7-11a of this code, in addition to the definition of
"knife" set forth in subdivision (9) of this subsection, the term "deadly weapon" also includes
any instrument included within the definition of "knife" with a blade of three and one-half
inches or less in length. Additionally, for the purposes of §18A-5-1a of this code and
§61-7-11a of this code, the term "deadly weapon" includes explosive, chemical, biological,
and radiological materials. Notwithstanding any other provision of this section, the term
"deadly weapon" does not include any item or material owned by the school or county board,
intended for curricular use, and used by the student at the time of the alleged offense solely
for curricular purposes. The term "deadly weapon" does not include pepper spray as defined
in subdivision (12) of this subsection when used by any person solely for selef-defense
purposes.
(6) "Drug" has the same meaning as is ascribed to that term in §60A-1-101(m) of this code.
(7) "Firearm" means any weapon which will expel a projectile by action of an explosion:
Provided, That it does not mean an antique firearm as definetd in subdivision (1) of this
subsection except for the purposes of §48-27-502 of this code.
(8) "Gravity knife" means any knife that has a blade released from the handle by the force of
gravity or the application of centrifugal force and wlhen released is locked in place by means
of a button, spring, lever, or other locking or csatching device.
(9) "Knife" means an instrument, intendedi to be used or readily adaptable to be used as a
weapon, consisting of a sharp-edgedg or sharp-pointed blade, usually made of steel, attached
to a handle which is capable of inflicting cutting, stabbing, or tearing wounds. The term
"knife" includes, but is not limited to, any dagger, dirk, poniard, or stiletto, with a blade over
three and one-half inches in length, any switchblade knife or gravity knife, and any other
instrument capable of inflicting cutting, stabbing, or tearing wounds. A pocket knife with a
blade three and one-half inches or less in length, a hunting or fishing knife carried for
hunting, fishing, sports, or other recreational uses, or a knife designed for use as a tool or
household implement is not included within the term "knife" as defined in this subdivision
unless the knife is knowingly used or intended to be used to produce serious bodily injury or
death.
(10) "Metallic or false knuckles" means a set of finger rings attached to a transverse piece to
be worn over the front of the hand for use as a weapon and constructed in such a manner
that, when striking another person with the fist or closed hand, considerable physical
damage may be inflicted upon the person who was struck. The terms "metallic or false
knuckles" includes any such instrument without reference to the metal or other substance or
substances from which the metallic or false knuckles are made.
(11) "Nunchaku" means a flailing instrument consisting of two or more rigid parts,
connected by a chain, cable, rope, or other nonrigid, flexible, or springy material,
constructed in a manner that allows the rigid parts to swing freely so that one rigid part may
be used as a handle and the other rigid part may be used as the striking end.
(12) "Pepper spray" means a temporarily disabling aerosol that is composed partly of
capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose,
throat, and skin that is intended for self-defense use.
(13) "Pistol" means a short firearm having a chamber which is integral with the barrel,
designed to be aimed and fired by the use of a single hand.
(14) "Revolver" means a short firearm having a cylinder of several chambers that are
brought successively into line with the barrel to be discharged, designed to be aimed and
fired by the use of a single hand.
(15) "Switchblade knife" means any knife having a spring-operated blade which opens
automatically upon pressure being applied to a button, catch, oru other releasing device in its
handle.

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