West Virginia Gun Laws – All You Need to Know

For anyone living in the state, it’s important to know what the West Virginia gun laws are, especially if you own a firearm. The state, known for its scenic landscapes, rich history, and rural communities, has a strong cultural connection to firearms. The state’s gun laws are a blend of protections for gun owners and regulations that are intended to ensure public safety.

The current gun laws in West Virginia are focused on all aspects of firearm ownership and use, including concealed carry, open carry, gun purchases, and many other regulations that apply to firearms in the state.

The Right to Bear Arms

The foundation of gun laws in West Virginia is rooted in the Second Amendment of the U.S. Constitution, which guarantees citizens the right to keep and bear arms. West Virginia’s state constitution mirrors this protection, recognizing the right of its residents to bear arms for self-defense, hunting, and other lawful purposes.

However, just like in every state, this right is balanced with regulations to protect the public and prevent the misuse of firearms. Although West Virginia is considered to have permissive gun laws, compared to some other states, it still has rules in place to regulate gun ownership, sales, and carrying firearms.

Gun Ownership in West Virginia

There is no requirement for a license to own a firearm in West Virginia. As long as you are a legal resident of the state and meet basic federal requirements, you are allowed to own a gun. This applies to the purchase of a handgun, rifle, or shotgun.

However, under federal law, you must be at least 18 years old to buy a rifle or shotgun, and you need to be at least 21 years old to purchase a handgun, per the National Instant Criminal Background Check System (NCIS), which is the system used when a gun is being legally purchased, Individuals with restraining orders, a history of mental illness, and felony convictions may be prohibited from purchasing firearms.

Concealed Carry in West Virginia

West Virginia is a “shall-issue” state for concealed carry permits. This means you are entitled to obtain a concealed carry permit if you meet the qualifications outlined by law, and authorities cannot deny your application unless they have good cause to do so.

To be eligible for a concealed carry permit, an applicant must:

• Be at least 21 years old.
• Be a U.S. citizen or legal resident.
• Have no felony conviction.
• Be of sound mind and have no history of mental illness.
• Be free of drug or alcohol abuse.
• Be a legal resident of the state or have established residence for at least 30 days before applying.

Once the process of obtaining a concealed carry permit is complete, the holder will be allowed to carry a concealed firearm in public places, with a few exceptions. Concealed carry is not permitted in schools, government buildings, areas with high-security concerns, and private properties where guns are prohibited.

Open Carry in West Virginia

West Virginia also permits open carry of firearms without a permit in addition to concealed carry. This means individuals can openly carry a firearm in public as long as they are not in restricted areas. There are a few specific guidelines for this law. For example, a handgun must be in a holster, and long guns have certain restrictions in specific areas.

While it is legal to open carry, legal action may result if you carry a firearm in a manner that causes alarm or disorderly conduct. It’s important to know all the rules associated with the open carry law before going in public to avoid any legal trouble.

Gun-Free Zones and Restrictions in West Virginia

Firearms are restricted or prohibited entirely in certain areas and places. These include:

• Schools
• Government buildings
• Private property where guns are prohibited
• Places of worship
• Bars and restaurants unless posted otherwise

FAQs

Can I Carry a Gun in West Virginia Without a Permit?

Yes, in West Virginia, you can carry a firearm without a permit for both open and concealed carry. This law applies to residents and non-residents who are legally allowed to own a firearm. However, you must be 21 or older and meet specific legal criteria, such as not being a felon. Although no permit is required, gun owners should still follow restrictions on where firearms can be carried, like schools or government buildings.

Is West Virginia a Gun-Friendly State?

Yes, West Virginia is considered a gun-friendly state. It has permissive laws regarding gun ownership and use. Residents are allowed to openly carry firearms without a permit, and concealed carry permits are easy to obtain. West Virginia also has strong protections for gun rights under both state and federal laws. The state’s laws support the Second Amendment, and gun ownership is widely embraced across many communities.

What Is the New Gun Law in West Virginia?

The newest gun law in West Virginia involves carrying a concealed weapon on a public university or college campus. It is now legal for anyone with a concealed carry permit to carry a concealed weapon on these premises. This is another law that supports gun ownership, a trend that is noticeable across many of the laws in West Virginia.

Is West Virginia an Open Carry State?

Yes, West Virginia is an open carry state. Individuals who are legally allowed to possess firearms can openly carry handguns without a permit. However, a concealed carry permit is still required to carry a concealed weapon. Certain restrictions apply, including where firearms can be carried. If you are unsure of the laws surrounding your firearm situation, consult an attorney for legal advice.

Contact Crowe Law, LLC

West Virginia has passed some of the most gun-friendly laws in the United States. The state has broad protections for gun ownership and carrying firearms with little restriction. However, there are certain limits, particularly regarding gun-free zones and regulations around firearm sales.

If you are a gun owner or resident of West Virginia, it is important to understand the state’s laws and any recent changes to make sure you remain in compliance at all times. If you have questions regarding gun laws in West Virginia, consult a legal professional. The legal team at Crowe Law, LLC, is well-versed in all the gun laws of the state. Contact our office today with any questions you may have.