West Virginia Code § 61-7-3

Carrying a deadly weapon without provisional license or other
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authorization by persons under twenty-one years of age; penalties.
(a) Any person under twenty-one years of age and not otherwise prohibited from possessing
firearms under section seven of this article who carries a concealed deadly weapon, without
a state license or other lawful authorization established under the provisions of this code, is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not lesse than $100 nor
more than $1,000 and may be imprisoned in jail for not more than twelve months for the
first offense; but upon conviction of a second or subsequent offense, her or she is guilty of a
felony and, upon conviction thereof, shall be imprisoned in t a state correctional facility not
less than one nor more than five years and fined not less than $1,000 nor more than $5,000.
(b) The prosecuting attorney in all cases shall ascertain whetther or not the charge made by
the grand jury is a first offense or is a second or subsequent offense and, if it is a second or
subsequent offense, it shall be so stated in the indictment returned, and the prosecuting
attorney shall introduce the record evidence before the trial court of such second or
subsequent offense and may not be permitted to use discretion in introducing evidence to
prove the same on the trial. s

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