WV: State Firearms Laws
WEST VIRGINIA
(As of August, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owner NO NO
Permit to Carry NO YES
STATE CONSTITUTIONAL PROVISION
A person has the right to keep and bear arms for the defense of
self, family, home, and state, and for lawful hunting and
recreational use. Art. 3, Sec. 22.
POSSESSION
No state permit is required to possess a rifle, shotgun or
handgun.
Possession is denied to:
1) Convicted felons.
2) Individuals discharged from the Armed Forces under less than
honorable conditions.
3) Individuals adjudged mentally incompetent or involuntarily
committed to a mental institution
4) Illegal Aliens
5) Addicts or unlawful users of alcohol or controlled
substances.
PURCHASE
It is unlawful for any person to sell, give, rent, or lend a
firearm to a person prohibited from possessing a firearm (see
under POSSESSION).
No state permit is required to purchase a rifle, shotgun or
handgun.
CARRY
It is unlawful for anyone to carry any handgun concealed on
or about the person without a license to carry.
Exceptions: No license is required for:
1) Any person carrying any firearm upon his own premises.
2) Carrying any firearm, while unloaded, between home,
residence, or place of business from place of purchase or to
place of repair; or while hunting in a lawful manner or while
traveling to or from a hunting site and home, residence, or place
of business.
3) A member of a properly organized target shooting club
authorized by law to obtain firearms from the United States, to
transport a handgun, while unloaded, from place of target
practice to or from home, residence or place of business.
4) Law enforcement officers, correction employees while on
duty, members of the Armed Forces of the United States, and the
state Militia while on duty.
5) Circuit judges, prosecuting attorneys, and their assistants,
and investigators employed by a prosecuting attorney.
Application for a license to carry is made to the circuit
court of the county where one resides. The application filing fee
is $20.00.
The applicant must:
1) Be a citizen or lawful resident of the United States and a
resident of the state and county in which application is made.
2) Be over the age of 18 years.
3) Not be addicted to or an unlawful user of alcohol or
controlled substances.
4) Not have been convicted of a felony or an act of violence
involving the misuse of firearms or deadly weapons.
5) Be physically and mentally competent to carry such weapon.
6) In the case of handguns, must have qualified under certain
minimum requirements for handling and firing such firearms,
unless a renewal application where previously qualified.
Further, applicant must state why he desires to carry.
Reasons for license to carry are for the defense of self, family,
home or state, or other lawful purpose.
The court shall issue the license within thirty days after
the application is filed. The court may hear evidence but must
issue if the conditions are complied with. If the license is
denied, the court must schedule a hearing within ten days, and
the applicant may be represented by counsel.
The license fee is $50, and shall be good for five years,
unless revoked. A copy of the license is furnished by the clerk
of the court to the Superintendent of the Department of Public
Safety.
The license shall be deemed revoked when the licensee
becomes unable to meet the criteria for initial licensure.
MACHINE GUNS
It is unlawful to carry, transport or possess any machine
gun or sub-machine gun or fully-automatic weapon unless properly
federally licensed.
MISCELLANEOUS
Persons under the age of 18 may not carry or possess
firearms unless on family premises or on other property with
permission of the owner or lessee. Also excepted is lawful
hunting or traveling to or from a hunting site.
It is unlawful to publicly display firearms for sale or
rent, in such a manner as they may be seen by a passerby on a
street, road or alley. It is further unlawful to sell or rent
firearms to anyone who is prohibited from possessing same.
It is unlawful to brandish a weapon, whether licensed to
carry or not, in such a manner as to cause or threaten a breach
of the peace. It is further unlawful to simply expose or brandish
any weapon on school grounds or in a court building.
Shooting is unlawful within 400 feet of a road, schoolhouse
or church, or within 500 feet of a dwelling house (unless the
owner or guest of the owner) or part or similar gathering place.
Carrying or possessing firearms on the property of another
is unlawful when so prohibited by the owner, lessee or other
person charged with the care, custody and control of real
property. When requested by the owner, lessee or other person,
the individual carrying or possessing the firearm must either
relinquish possession or leave the premises. Firearms may not be
carried on school grounds without the written permission of the
school Superintendent, unless by a law enforcement officer.
Municipalities lack the power to limit the right to own
firearms and ammunition.
A hunting law requires that firearms in a motor vehicle be
unloaded. In addition, firearms must be cased or taken apart
during the evening and night hours.
It is unlawful to possess a firearm on any school bus, any
public or private primary or secondary school or grounds thereof,
or at any school-sponsored function. This shall not apply to a
law enforcement officer, or conducting programs with a valid
educational purpose with permission from the board of education
or principal, or possession of an unloaded firearm in a motor
vehicle.
Citation: West Virginia Code Sec. 8-12-5a; Sec. 20-2-5; Sec.
61-7-1 et seq.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action
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Association Institute for Legislative Action, Fairfax, VA.
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Information may also be obtained by connecting directly to the
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