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West Virginia Concealed Carry

devinschumacher edited this page Oct 30, 2024 · 2 revisions

West Virginia Concealed Carry Gun Permit Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


West Virginia Concealed Carry Gun Permit Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Summary of West Virginia Gun Laws

West Virginia operates as a shall-issue state for concealed weapons licenses, issued by the sheriff’s office at the county level.

Private Handgun Sales

No permit, background check, waiting period, or firearms registration is required when buying a handgun from a private individual in West Virginia.

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Permitless Carry

West Virginia allows permitless carry for open carry, provided the individual is at least 18 years old and legally entitled to possess a firearm under state and federal law. Certain locations like schools and courthouses are restricted.

Concealed Carry Requirements

To carry concealed without a license in West Virginia, individuals must be at least 21 years old, a U.S. citizen or legal resident, and legally eligible to possess firearms. Those aged 18 to 20 require a Provisional Concealed Handgun License (CHL). CHL applicants, including non-residents since July 6, 2021, must complete a firearms training course.

Reciprocity

West Virginia recognizes all out-of-state concealed carry permits.

Use of Force Outside the Home

In West Virginia, individuals attacked in any place they legally occupy outside their home may use reasonable and proportionate force against an attacker, if they believe there is imminent danger of death or serious bodily harm.

Self-Defense Laws

West Virginia upholds the Castle Doctrine and “stand your ground” principles, allowing individuals to defend themselves without retreating if they reasonably believe they or others are in imminent danger of death or serious bodily harm.

Use of Force Within the Home

Residents within a home or residence may use reasonable and proportionate force, including deadly force, to prevent or terminate an intruder’s unlawful entry or to protect against imminent harm. There is no duty to retreat.

Civil Immunity

Using reasonable and proportionate force as outlined provides full defense against civil action by an intruder or attacker.

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West Virginia Gun Laws at a Glance

West Virginia Concealed Carry FAQs

MAGAZINE LIMITS FOR HANDGUNS?

  • Does West Virginia have magazine capacity restrictions for handguns? No. West Virginia does not have magazine capacity restrictions.

Permitless Carry?

  • Does West Virginia allow permitless carry? Yes. West Virginia allows permitless carry.

AMMUNITION RESTRICTIONS?

  • Does West Virginia have ammunition restrictions? No. West Virginia does not have ammunition restrictions.

Open Carry Permitted?

  • Is open carry permitted in West Virginia? Yes, without a license. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry.

Gun Permit Licensure?

  • If West Virginia requires a license to carry a concealed firearm, how are those licenses issued? West Virginia is a shall-issue state.

Minimum Age for Concealed Carry?

  • What is the minimum age in West Virginia to get a concealed carry license? An individual at least 18 years old can apply for a Provisional License. Regular licenses require the applicant to be at least 21 years old.

Weapons Other Than Handguns Allowed?

  • Can you concealed carry weapons other than handguns in West Virginia with a concealed carry license (or under permitless carry if applicable)? No. A concealed carry license in West Virginia does not allow you to carry weapons other than handguns.

Tasers or Stun Guns?

  • Is it legal to own a taser or stun gun in West Virginia? Yes. Stun guns and Tasers are legal to purchase without a license.

Chemical Spray/Pepper Spray?

  • Is it legal to buy or use chemical spray/pepper spray in West Virginia? Yes. There is no statute prohibiting the purchase or use of pepper spray in West Virginia.
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FAQs on Concealed Carry in West Virginia

CARRY IN VEHICLE?

Can you carry a concealed handgun in a vehicle in West Virginia?

Yes, without a license for persons at least 21 years old (18 years old for members of the United States Armed Forces, Reserve, or National Guard) and legally entitled to have a firearm under state and federal law. On March 9, 2022, Gov. Jim Justice signed HB 4048 into law, which permits individuals to lawfully possess loaded or uncased long guns in their vehicles. It will go into effect on May 24, 2022.

CARRY AT ROADSIDE REST AREAS?

Can you carry a concealed firearm at roadside rest areas in West Virginia?

Yes. Concealed carry at roadside rest areas in West Virginia is allowed.

CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)?

Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in West Virginia?

Yes, without a license. [WV DNR State Parks Rules]

CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL?

Can you carry a concealed firearm in bars and restaurants that serve alcohol in West Virginia?

Yes, there is no statute making it illegal to concealed carry, unless posted.

CARRY/POSSESS AT A HOTEL?

Can you carry or possess a firearm on hotel property in West Virginia?

West Virginia statutes don’t specifically address firearms at hotels. Please note that each hotel develops its own policies. Contact the individual hotel to inquire about its concealed carry policy.

STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?

Does West Virginia have laws relating to storing firearms in private vehicles in an employee parking lot?

No person charged with the care, custody, and control of real property may prohibit any customer, employee, or invitee from possessing any legally owned firearm when the firearm is lawfully possessed, out of view, locked inside or to a motor vehicle in a parking lot, and the person is lawfully allowed to be present in that area. No employer may condition employment upon the possession of a concealed carry license or prohibit keeping a legal firearm locked inside or to a motor vehicle in a parking lot for lawful purposes. [W. Va. Code Ann. § 61–7–14]


Frequently Asked Questions (FAQs) about West Virginia Concealed Carry Laws

NON-RESIDENT PERMITTING?

  • Does West Virginia issue concealed carry licenses to non-residents?
  • Yes, as of July 6, 2021.

Duty to Inform Officer You’re Carrying?

  • Do you have a duty to inform a police officer that you’re carrying a concealed firearm in West Virginia?
  • There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in West Virginia.

DRIVER’S LICENSE LINKED TO Carry License?

  • Is my West Virginia driver’s license linked to my West Virginia carry license?
  • No. Your West Virginia driver’s license is not linked to your West Virginia concealed handgun license (CHL). However, the WV State Police have a CHL database and can access your information there.

PUBLIC ACCESS TO CONCEALED CARRY REGISTRY?

  • Does West Virginia allow the public to access concealed carry registry information through public records law?
  • The issuing sheriff provides the West Virginia State Police with a certified list of all licenses issued in the county. The State Police maintain a registry of all persons issued concealed weapons licenses.

“No Weapons Allowed” Signs Enforced?

  • Are “No Weapons Allowed” signs enforced in West Virginia?
  • No. West Virginia does not enforce “No Weapons Allowed” signs.

Preemption?

  • Does West Virginia have preemption laws related to concealed carry?
  • Yes, West Virginia has preemption of firearms laws, except for specific regulations in municipal buildings and recreational facilities. Municipalities must provide signage for restricted areas.

Red Flag Law?

  • Does West Virginia have a red flag law?
  • No. West Virginia does not have a red flag law.

Brandishing?

  • Does West Virginia state law define brandishing?
  • Yes, it is unlawful to carry, brandish, or use a firearm or deadly weapon in a manner that threatens a breach of the peace.

Carry While Using Alcohol or Drugs?

  • Does West Virginia have laws regarding carrying a concealed firearm while using alcohol or drugs?
  • Not addressed in state statutes. As a responsibly armed individual, it is unwise to carry while under the influence of substances that could impair your judgment.

This FAQ list provides essential information about West Virginia’s concealed carry laws, addressing common questions regarding permits, duties to inform, and other relevant regulations.


Handgun Purchase & Possession

BACKGROUND CHECKS FOR PRIVATE GUN SALES?

Are background checks required for private gun sales in West Virginia? No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.

MINIMUM AGE TO POSSESS AND TRANSPORT?

What is the minimum age to possess and transport a handgun in West Virginia? The minimum age to possess and transport a handgun in West Virginia is 18.

POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A LICENSE?

Can I possess/carry a handgun in my home without a license? Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm in West Virginia.

PURCHASE PERMITS?

Is a permit required to purchase a handgun in West Virginia? No. A permit is not required to purchase a handgun in West Virginia.

WEST VIRGINIA LICENSE EXEMPTS FROM BACKGROUND CHECK?

Does my current West Virginia concealed carry license exempt me from needing a background check when I purchase a firearm? Yes.

WAITING PERIOD?

Is there a waiting period after purchasing a handgun in West Virginia? No. West Virginia does not have a waiting period for handgun purchases.

HANDGUN REGISTRATION?

Do handguns need to be registered in West Virginia? No. Handguns do not need to be registered in West Virginia.


West Virginia Concealed Carry Reciprocity With Other States

Alabama (permitless carry, at least 21 years old)

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Arkansas (permitless carry, at least 21 years old)

California (permitless carry, at least 21 years old)

Colorado (permitless carry, at least 21 years old)

Connecticut (permitless carry, at least 21 years old)

Delaware (permitless carry, at least 21 years old)

District of Columbia (permitless carry, at least 21 years old)

Florida (permitless carry, at least 21 years old)

Georgia (permitless carry, at least 21 years old)

Hawaii (permitless carry, at least 21 years old)

Idaho (permitless carry, at least 21 years old)

Illinois (permitless carry, at least 21 years old)

Indiana (permitless carry, at least 21 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Louisiana (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Maryland (permitless carry, at least 21 years old)

Massachusetts (permitless carry, at least 21 years old)

Michigan (permitless carry, at least 21 years old)

Minnesota (permitless carry, at least 21 years old)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 21 years old)

Montana (permitless carry, at least 21 years old)

Nebraska (permitless carry, at least 21 years old)

Nevada (permitless carry, at least 21 years old)

New Hampshire (permitless carry, at least 21 years old)

New Jersey (permitless carry, at least 21 years old)

New Mexico (permitless carry, at least 21 years old)

New York (permitless carry, at least 21 years old)

New York City (permitless carry, at least 21 years old)

North Carolina (permitless carry, at least 21 years old)

North Dakota (permitless carry, at least 21 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

Oregon (permitless carry, at least 21 years old)

Pennsylvania (permitless carry, at least 21 years old)

Puerto Rico (permitless carry, at least 21 years old)

Rhode Island (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 21 years old)

South Dakota (permitless carry, at least 21 years old)

Tennessee (permitless carry, at least 21 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Vermont (permitless carry, at least 21 years old)

Virginia (permitless carry, at least 21 years old)

Washington (permitless carry, at least 21 years old)

Wisconsin (permitless carry, at least 21 years old)

Wyoming (permitless carry, at least 21 years old)

Qualified persons 21 years of age or older can carry concealed deadly weapons without a license within West Virginia. With limited exceptions such as service in the armed forces, provisional licenses are required for all residents 18 to 21 years old who wish to carry a concealed handgun in West Virginia.


Other States’ Reciprocity With West Virginia

Alabama (permitless carry, at least 19 years old)

Arkansas (permitless carry, at least 18 years old)

Delaware

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Montana (permitless carry, at least 18 years old)

Nevada

New Hampshire (permitless carry, at least 18 years old)

North Carolina

North Dakota (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Vermont (permitless carry, at least 18 years old)

West Virginia residents can carry a concealed defensive firearm in the state of Oklahoma without any type of license. You must carry your driver’s license or state issued ID when carrying your firearm in Oklahoma.

Note: Firearms must be carried in accordance with the laws of the state you are visiting. Be sure to check the laws of the other state before traveling there with your firearms.


States That Have Restricted Reciprocity with West Virginia

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Colorado (at least 21 years old and resident permits only)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Louisiana (at least 21 years old)

Maine (permitless carry, at least 21 years old)

Michigan (at least 21 years old and resident permits only)

Minnesota (At least 21 years old, regular permit only)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Nebraska (Permitless carry, at least 21 years old)

New Mexico (at least 21 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

Pennsylvania (at least 21 years old, resident permits only)

South Carolina (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Virginia (at least 21 years old)

Wisconsin (at least 21 years old)

Wyoming (permitless carry, at least 21 years old)


Permitless Carry States

Alabama (permitless carry, at least 19 years old)

Alaska (permitless carry, at least 21 years old)

Arizona (permitless carry, at least 21 years old)

Arkansas (permitless carry, at least 18 years old)

Florida (permitless carry, at least 21 years old)

Georgia (Permitless carry, at least 21 years old)

Idaho (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Iowa (permitless carry, at least 21 years old)

Kansas (permitless carry, at least 21 years old)

Kentucky (permitless carry, at least 21 years old)

Maine (permitless carry, at least 21 years old)

Mississippi (permitless carry, at least 21 years old)

Missouri (permitless carry, at least 19 years old, 18 for military)

Montana (permitless carry, at least 18 years old)

Nebraska (Permitless carry, at least 21 years old)

New Hampshire (permitless carry, at least 18 years old)

North Dakota (permitless carry, at least 18 years old)

Ohio (permitless carry, at least 21 years old)

Oklahoma (permitless carry, at least 21 years old)

South Carolina (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 21 years old)

Utah (permitless carry, at least 21 years old)

Vermont (permitless carry, at least 18 years old)

Wyoming (permitless carry, at least 21 years old)

*PC-18 = permitless carry if at least 18 years old

*PC-21 = permitless carry if at least 21 years old

Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry (Tennessee). Each state determines the requirements and any limitations on the carry of firearms. Check each state’s page for more information and any restrictions that may apply.


West Virginia Concealed Carry License Information

CC License Information

Requirements: An applicant must:

  • Be 21 years of age or older (individuals between the ages of 18 and 20 may apply for a provisional license to carry);
  • Have completed a training course in the handling and firing of a handgun that meets the requirements of state law;
  • Be a bona fide United States citizen or legal resident;
  • Not be addicted to alcohol or a controlled substance or drug, and is not “an unlawful user thereof,” as evidenced by either of the following within the 3 years immediately prior to the application: residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or two or more convictions for driving while under the influence or driving while impaired;
  • Not have been convicted of a felony, (unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been pardoned for the offense);
  • Not have been convicted of a “misdemeanor crime of domestic violence,” as defined under federal law;
  • Not have been convicted of a misdemeanor crime of violence within the 5 years immediately preceding the application;
  • Not have been convicted of a misdemeanor offense of assault or battery under any state law against a current or former spouse, intimate partner, person with whom the defendant cohabited, a parent or guardian, child or member of the household;
  • Not be under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction, or is the subject of an emergency or temporary domestic violence protective order, or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;
  • Not have been adjudicated mentally incompetent or involuntarily committed to a mental institution, unless the person presents a court order reflecting that the person is no longer under the disability and the applicant’s right to possess or receive a firearm have been restored;
  • Not be otherwise prohibited from possessing or receiving a firearm by state law; and
  • Meet federal law requirements.

*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of West Virginia.

Lost/Stolen Licenses: You may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the issuing sheriff indicating that your license has been lost or destroyed.

Residency Changes: Moving to West Virginia and interested in applying for a resident license? How soon can you apply? West Virginia issues licenses to residents and members of the military permanently posted in WV only. You can apply for your license to the sheriff of your county once you have established your residence in that county.

Moving from West Virginia and have a West Virginia resident license? Does that license transfer to your new state? Is there a grace period during which your West Virginia license remains valid? If a person with a West Virginia concealed handgun license establishes residency in another state, the license expires upon the establishment of residence in the other state.

Fees: Initial License & Renewals — $25 plus a $25 background fee. As of July 6, 2021, Non-resident permits — $100 plus a $25 background fee. Provisional License — $15 plus a $25 background fee. Honorably retired officers and honorably discharged veterans of the armed forces of the United States are exempt from payment of fees except for the background check fee.

Valid For: 5 years

Processing Time: 45 days

Non-Resident Concealed Carry Licenses: As of July 6, 2021, the State issues licenses to non-residents. The process is the same as for residents.

Name/Address Changes: You must complete the Change Notification Form within 20 days, have it notarized and submit it to your local Sheriff’s office. Pay the $5 fee.


West Virginia Concealed Carry License Application Process

License Application Steps

Step 1: Complete a firearm training course if required.

Step 2: Download the application form.

Step 3: File your completed and notarized application at the sheriff’s office for the county in which you reside or any county sheriff’s office for non-residents. You will need the following:

  • Firearms course certificate;
  • Passport-style photo;
  • Driver’s license/ID card. Pay the fee.

Step 4: The sheriff will conduct an investigation relative to the information contained in the application as required by state law. Upon completion of the investigation and if a license to carry a concealed pistol/revolver is approved and issued, you will pay an additional $25 fee to the sheriff.

Step 5: The sheriff will immediately forward to the state police a certified copy of the approved application and will forward the $25 fee within 30 days.

Step 6: You will be contacted when the license is ready to be picked up.

West Virginia issues provisional concealed handgun licenses to applicants that are 18–20 years old. Provisional CFPs expire on the holder’s 21st birthday and in order to change over to a standard license after age 21, a complete application, including fingerprints, photo, and fees must be submitted for a standard license.


Firearms Training Requirements in West Virginia

Handgun Safety and Training Courses

To meet West Virginia’s handgun safety and training course requirement, you can complete any of the following:

  • Any official National Rifle Association (NRA) handgun safety or training course;
  • Any handgun safety or training course or class available to the general public offered by an official law-enforcement organization, community college, junior college, college or private or public institution or organization or handgun training school utilizing instructors duly certified by the institution;
  • Any handgun training or safety course or class conducted by a handgun instructor certified as such by the state or by the NRA;
  • Any handgun training or safety course or class conducted by any branch of the United States Military, Reserve or National Guard.

Proof of actual live firing of ammunition by the applicant is required to satisfy the handgun safety and training course requirement.


West Virginia Concealed Carry License Renewal Process

License Renewal Process

  • Step 1: Download the application form from the provided link.
  • Step 2: File your completed and notarized application at the sheriff’s office for your county of residence or any county sheriff’s office for non-residents. You will need:
  • Passport-style photo; and
  • Driver’s license/ID card. Pay the fee.
  • Step 3: The sheriff will conduct an investigation as required by state law. Upon approval of your concealed pistol/revolver license, an additional $25 fee to the sheriff is required.
  • Step 4: The sheriff will promptly send a certified copy of the approved application and forward the $25 fee to the state police within 30 days.
  • Step 5: You will be notified when your renewed license is ready for pickup.

West Virginia Location Restrictions

Where Can’t I Carry a Concealed Firearm in West Virginia?

  • Places off-limits even with a permit/license:
  • Any public primary or secondary education building, structure, facility, or grounds, including vocational education buildings during school-sponsored functions (except unloaded firearms left in locked vehicles).
  • Any school bus.
  • County courthouses or facilities housing state courts.
  • The State Capitol Complex (except locked vehicles with firearms out of normal view).
  • Regional jails, detention facilities, or State Division of Corrections facilities.
  • Any area restricted by municipal code; check local laws.
  • Properties where firearm possession is prohibited by the owner or caretaker.
  • Areas with posted signs indicating weapon restrictions.
  • Locations prohibited by federal or state law.

Where Can I Carry a Concealed Firearm in West Virginia?

  • Carry permissions:
  • Carry in bars/restaurants serving alcohol: Yes.
  • Carry in a vehicle without a permit/license (for persons 21 years old and legally entitled to firearms): Yes.
  • Carry in roadside rest areas: Yes.
  • Carry in state/national parks, forests, and Wildlife Management Areas (WMAs): Yes.
  • Carry in places of worship: No state statute prohibits concealed carry, but individual places of worship may prohibit firearms with posted signs.

FAQ: West Virginia Concealed Carry Questions

What are the Knife Laws in West Virginia?

  • Knife ownership and carrying:
  • It is legal to own and openly carry any type of knife in West Virginia.
  • Concealed carry of a dirk dagger, poniard, stiletto with a blade over 3.5 inches, switchblade, gravity knife, butterfly knife, or similar is permitted if not prohibited from carrying firearms, a U.S. citizen, and over 21 years old.
  • Knives, including pocketknives with blades under 3.5 inches, are prohibited on school property and in court facilities.
  • Municipalities may impose additional restrictions; for instance, Charleston prohibits switchblade possession and restricts dirks and Bowie knives in certain city-owned properties.

Can I Wear a COVID Mask & Carry?

  • Legal considerations:
  • It is generally legal to carry a concealed firearm in West Virginia.
  • During the COVID-19 pandemic, individuals can legally carry firearms while complying with mask mandates.
  • West Virginia law prohibits wearing a mask with intent to conceal identity, but there are exceptions during emergencies.

Can I Carry While Gun Hunting?

  • Carrying while hunting:
  • Yes, individuals with a valid concealed carry license can carry a concealed handgun while shotgun or rifle hunting in West Virginia.
  • This includes activities such as hunting, hiking, camping, fishing, or while in or on a motor vehicle for self-defense.

Can I Carry While Bow Hunting?

  • Carrying during archery hunting:
  • Yes, individuals with a valid concealed carry license can carry a concealed handgun while bow hunting in West Virginia.

Hunter Harassment Law?

  • Legal protection against harassment:
  • West Virginia law prohibits willfully obstructing or impeding individuals engaged in lawful hunting, fishing, or trapping activities.
  • This law protects individuals participating in these activities from interference.

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