West Virginia Gun Laws
West Virginia has very permissive gun laws. The state constitution affirms the right to keep and bear arms. Lawfully obtaining a firearm is very straightforward in West Virginia, and there are very few hardware restrictions in place. There is no type of licensing or registration requirement for owning a firearm, and West Virginia is a ‘shall issue’ state for concealed carry licenses.
West Virginia Gun Laws at a Glance
Concealed Carry Premit Required | No |
Open Carry Premitted | Yes |
Waiting period before purchasing | No |
Lost and Stolen Firearm Reporting | No |
Firearms License Required for Purchasing | No |
Universal Background Check | No |
Firearm Registration | No |
Large Capacity Magazine Ban | No |
Firearm License Requirements
No type of license is required to obtain a firearm in West Virginia.
Background Checks
West Virginia has no law requiring background checks on purchasers buying from private sellers. Pursuant to federal law, background checks are required on any firearms purchases from licensed dealers. In West Virginia, these background checks are processed directly through the FBI.
Gun Shows
West Virginia does not regulate gun shows.
Hardware and Ammunition Restrictions
Hardware | Restrictions |
---|---|
Assault Weapons | No restrictions. |
50 Caliber Rifles | Not restricted |
Machine Guns | Prohibited unless registered and possessed pursuant with federal regulations. |
Large Capacity Magazines | Not restricted |
Ammunition | It is prohibited to transfer ammunition to anyone who is prohibited from possessing it by federal or state law. |
Prohibited Persons
Under West Virginia law, no person shall possess a firearm who:
- Has been convicted of a crime punishable by imprisonment for one year or more
- Is addicted to alcohol
- Is an unlawful user of or addicted to any controlled substance
- Has been adjudicated to be mentally incompetent
- Has been involuntarily committed to a mental institution
- Is unlawfully in the United States
- Has been dishonorably discharged from the armed forces
- Falls within the categories of domestic abusers prohibited from possessing firearms under state law
Prohibited Places
Location | Restrictions | Exceptions |
---|---|---|
Schools | Firearms are prohibited on school grounds and school buses. |
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Vehicles | Unloaded long guns and handguns are permitted in vehicles. | None. |
Concealed Carry Laws
Notify Officer | No |
“No Gun” Signs | Enforced |
In-Vehicle Carry | Permitted |
Restaurant Carry | Permitted |
State Park Carry | Permitted |
While Hunting | Permitted |
Obtaining a Concealed Carry License
It is legal to concealed carry without a license for some residents. To do so, a person must be a legal US resident or citizen, at least 21 years old, and legally permitted to have a firearm in West Virginia. However, West Virginia still issues concealed carry licenses.
West Virginia is a ‘shall issue’ state, meaning that any applicant who meets certain qualifications must be issued a concealed carry permit.
Requirements for a Concealed Carry License |
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Concealed Carry Firearms Training
West Virginia requires that applicants complete a training course in the safe handling and firing of a handgun. The course must include live firing exercises. Any course that meets the following is deemed acceptable:
- National Rifle Association (NRA) handgun safety or training courses
- Handgun safety courses available to the public offered by law enforcement, any college, or organization utilizing duly certified instructors
- Handgun safety courses or classes conducted by an NRA-certified handgun instructor
- Handgun safety courses or classes conducted by the United States Armed Forces
Concealed Carry Location Restrictions
Even with a concealed carry permit, you may not carry a concealed firearm in the following locations:
- Any education building, school, or school bus
- County courthouses or any building with a courthouse inside of it
- The State Capitol Complex
- Regional jails, detention facilities, or State Division of Corrections facilities
- Any building or area limited by municipal code
- Any property where firearms are prohibited by the owner or any other person charged with the control of the property
- Wherever signs are posted indicating weapon restrictions
- Any place where the carrying of firearms is prohibited by federal law or state law or regulation
Disclaimer: The information provided here is not to be construed as legal advice or acted upon as if it is legal advice: it is provided for informational and entertainment purposes only. While we strive to provide accurate, up-to-date content, we cannot guarantee the accuracy, completeness, or currency of the information. Gun laws can change frequently, especially at the state and local levels. Application of gun laws can be unique to an individual’s situation. We recommend that each individual consult with a competent and qualified legal professional before purchasing, transporting, or using any firearm or firearm-related product.