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West Virginia Shall Issue Must Inform Officer Immediately: NO
Permitless Carry State (See Must Inform Section)
Note: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Mississippi,
Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio,
Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah,
Vermont, West Virginia and Wyoming have "Permitless Carry"
Anyone who can legally possess a firearm under state and federal law
may carry in these states without a Permit. Check each states page
for age or other restrictions that may apply
Permits/Licenses This State Honors Listed Below
Alabama Alaska Arizona Arkansas Colorado
Delaware Florida Georgia Idaho Indiana
Iowa Kansas Kentucky Louisiana Michigan
Minnesota Mississippi Missouri Montana Nebraska
Nevada New Hampshire New Mexico North Carolina North Dakota
Ohio Oklahoma Pennsylvania South Carolina South Dakota
Tennessee Texas Utah Virginia Wisconsin
Wyoming
West Virginia will honor Resident and Non Resident Permit/Licenses from the states they honor.
(Must be 21 years of age or older to carry concealed with a permit WV honors or under Permitless Carry.)
To see the WV AG’s listing of states that honor the West Virginia Provisional Permit (18-20 Y/O) click
on State Reciprocity Info in Links Section above right.
Note: West Virginia is a Permitless Carry state and any resident or non-resident who is 21 Y/O or Active
West Virginia Links√
State CCW Site
State CCW Pamphlet
July 2020
Attorney General FAQs
CCW Application
Provisional Permit App
St. Police FAQs
State Statutes
State Admin Rules
State Reciprocity Info
State Attorney General
2
nd
CCW Info Site
Age to Carry a Firearm
In Other States
Last Updated: 7/30/2024
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Military 18 Y/O and can legally possess a firearm can carry it concealed in West Virginia without any type
of permit/license. By statute West Virginia still doesn’t honor all other states permit/licenses. This is the
reason why the listing of states West Virginia honors doesn’t state it honors all other states.
Reciprocity/How This State Honors Other States Permit/Licenses
§61-7-6A. Reciprocity and Recognition; Out-of-State Concealed Handgun Permits.
(a) Valid out-of-state permit or license to possess or carry a handgun is valid in this state for the carrying of
a concealed handgun, if the following conditions are met:
(1) The permit or license holder is 21 years or older;
(2) The permit or license is in his or her immediate possession;
(3) The permit or license holder is not a resident of the State of West Virginia; and,
(4) The Attorney General has been notified by the Governor of the other state that the other state
allows residents of West Virginia who are licensed in West Virginia to carry a concealed handgun to
carry a concealed handgun in that state or the Attorney General has entered into a written reciprocity
agreement with the appropriate official of the other state whereby the state agrees to honor West
Virginia concealed handgun licenses in return for same treatment in this state.
(b) A holder of a valid permit or license from another state who is authorized to carry a concealed handgun
in this state pursuant to provisions of this section is subject to the same laws and restrictions with respect to
carrying a concealed handgun as a resident of West Virginia who is so permitted, and must carry the
concealed handgun in compliance with the laws of this state.
(c) A license or permit from another state is not valid in this state if the holder is or becomes prohibited by
law from possessing a firearm.
(d) The West Virginia Attorney General shall seek to obtain recognition of West Virginia concealed handgun
licenses and enter into and execute reciprocity agreements on behalf of the State of West Virginia with states
for the recognition of concealed handgun permits issued pursuant to this article.
(e) The West Virginia State Police shall maintain a registry of states with which the State of West Virginia
has entered into reciprocity agreements or which recognize West Virginia concealed handgun licenses on the
criminal information network and make the registry available to law-enforcement officers for investigative
purposes.
(f) Every twelve months after the effective date of this section, the West Virginia Attorney General shall
make written inquiry of the concealed handgun licensing or permitting authorities in each other state as to: (i)
Whether a West Virginia resident may carry a concealed handgun in their state based upon having a valid
West Virginia concealed handgun permit; and (ii) whether a West Virginia resident may carry a concealed
handgun in that state based upon having a valid West Virginia concealed handgun permit, pursuant to the
laws of that state or by the execution of a valid reciprocity agreement between the states.
(g) The West Virginia State Police shall make available to the public a "List of States" which have entered
into reciprocity agreements with the State of West Virginia or that allow residents of West Virginia who are
licensed in West Virginia to carry a concealed handgun to carry a concealed handgun in that state.
2013 Acts, ch. TBD (SB 369), eff. 7/12/2013
Permitless Carry
§61-7-7. … Right of Nonprohibited Persons Over Twenty-One Years of Age to Carry Concealed
Deadly Weapons …
(c) Any person may carry a concealed deadly weapon without a license therefor who is:
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(1) At least twenty-one years of age;
(2) A United States citizen or legal resident thereof;
(3) Not prohibited from possessing a firearm under the provisions of this section; and
(4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).
2016 Acts, ch. TBD (HB 4145), eff. 6/3/2016.
§61-7-3. Carrying a Deadly Weapon Without Provisional License or Other 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 less 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, he 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.
2016 Acts, ch. TBD (HB 4145), eff. 6/3/2016.
§61-7-6. Exceptions as to Prohibitions Against Carrying Concealed Handguns for Persons at Least
Eighteen Years of Age and Fewer Than Twenty-One Years of Age
(a) The provisions in section three of this article do not apply to any person at least eighteen years of age and
fewer than twenty-one years of age who is:
(7) A member of the United States Armed Forces, Reserve or National Guard;
2016 Acts, ch. TBD (HB 4145), eff. 6/3/2016.
Note: Active members of the Military, Reserves or National Guard 18 and older can carry concealed with
only their Military ID. You can’t carry inside your vehicle on Primary/Secondary School Property if
carrying under Permitless Carry. Those 21 or older if they can legally possess a firearm can carry it
concealed in all other places a person with a permit West Virginia issues or honors can carry under
permitless carry. Though West Virginia will allow residents of West Virginia 18-20 years of age to obtain
provisional permits to carry in West Virginia, West Virginia still requires non-residents with a
permit/licenses West Virginia honors or those carrying under permitless carry to be 21 years of age or older.
How to Apply for a Permit/License
Links to All West Virginia Sheriffs CCW Information
Take a Class as described Below:
§61-7-4. License to Carry Deadly Weapons; How Obtained.
(a)(1) Except as provided in §61-7-4(q) of this code, a legal resident or citizen of West Virginia desiring to
obtain a state resident license to carry a concealed deadly weapon shall apply to the sheriff of his or her
county for the license, and pay to the sheriff, at the time of application, a fee of $50. A concealed weapons
license may only be issued for pistols and revolvers.
(e) All persons applying for a license shall complete a training course in handling and firing a handgun,
which includes the actual live firing of ammunition by the applicant. The successful completion of any of the
following courses fulfills this training requirement: Provided, That the completed course includes the actual
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live firing of ammunition by the applicant: Provided however, That for purposes of this subsection, the term
"ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use
in any firearm and includes ammunition designed for training such as marking rounds and simulated training
loads:
(1) Any official National Rifle Association handgun safety or training course;
(2) 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;
(3) Any handgun training or safety course or class conducted by a handgun instructor certified as
such by the state or by the National Rifle Association;
(4) Any handgun training or safety course or class conducted by any branch of the United States
military, reserve or National Guard or proof of other handgun qualification received while serving in
any branch of the United States military, reserve or National Guard.
(h) A license in effect as of the effective date of the amendments to this section enacted during the 2019
regular session of the Legislature shall, subject to revocation for cause, is valid until the licensee’s birthday
during the fifth year from the date of issuance or five years from the date of issuance, whichever is later in
time. Renewals of such licenses and licenses newly issued after the effective date of the amendments to this
section enacted during the 2019 regular session of the Legislature, subject to revocation for cause, are valid
for a period of five years from the licensees’ most recent birthday.
(q) Notwithstanding subsection (a) of this section, with respect to application for a resident license by an
honorably discharged veteran of the armed forces of the United States, reserve, or National Guard, or a
former law-enforcement officer honorably retired from agencies governed by §7-14-1 et seq. of this code,
§8-14-1 et seq. of this code, §15-2-1 et seq. of this code, and §20-7-1 et seq. of this code, an honorably
retired officer or an honorably discharged veteran of the armed forces of the United States is exempt from
payment of fees and costs as otherwise required by this section. All other application and background check
requirements set forth in this section are applicable to these applicants. SB 147 2024
Provisional Permits for WV Residents 18 – 20 Years Old.
§61-7-4A. Provisional License to Carry Deadly Weapons; How Obtained. (18-20 Years Old)
(a) Any person who is at least eighteen years of age and less than twenty-one years of age who desires to
obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for a
provisional license, and pay to the sheriff, at the time of application, a fee of $15. Provisional licenses may
only be issued for pistols or revolvers. Each applicant shall file with the sheriff a complete application, as
prepared by the Superintendent of the West Virginia State Police, in writing, duly verified, which sets forth
only the following licensing requirements:
(g) Before any approved license is issued or is effective, the applicant shall pay to the 98 sheriff a fee in the
amount of $15 which the sheriff shall forward to the Superintendent of the West 99 Virginia State Police
within thirty days of receipt. The provisional license is valid until the licensee 100 turns twenty-one years of
age, unless sooner revoked. SB 147 2024.
Note: Total Charges would be $30.00. The Applicant must meet the same requirements as those applying
for a regular permit to carry. Provisional Permits will expire on the persons 21
st
birthday no matter what the
issuing date. At that time they can apply for the regular permit or carry under West Virginia’s Permitless
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Carry law. No additional training etc. is required to obtain their regular permit. Handgunlaw.us believes that
you could apply up to 45 days before you would turn 21 and the regular permit would be issued on your 21
st
birthday. Check with your local Sheriff. Provisional Permit Application.
Non-Resident Permit/License
§61-7-4. License to Carry Deadly Weapons; How Obtained.
(a)(2) A legal resident or citizen of another state of the United States desiring to obtain a nonresident state
license to carry a concealed deadly weapon shall apply to a sheriff of any county in this state for the license,
and pay to the sheriff, at the time of application, a fee of $100. A concealed weapons license may only be
issued for pistols and revolvers. SB 147 2024
Note: Do contact the sheriff you are going to apply with as there could be some differences in how they
handle the applications. There are no provisions for Non-Residents to apply for a West Virginia Provisional
Permit as they are only issued to West Virginia Residents 18-20 Years Old.
See Resident Permit Section on how to apply and a Link to all West Virginia Sheriffs Dept. CCW Page.
Handgunlaw.us also recommends you read the complete WV Statute §61-7-4.
Places Off-Limits Even With a Permit/License
From the WV AG’s On the Mark Firearms Law Guide for West Virginia
1. Federal government properties or other places where firearms are prohibited by federal law. This
includes areas of restricted access in airports.
2. Any property where firearms are prohibited by the owner, lessee or other person charged with the care,
custody and control of the real property.
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3. The State Capitol Complex.
4. Regional jails, detention facilities or State Division of Corrections facilities.
5. County courthouses or any facility housing a court of this state.
6. Any Public or Private primary or secondary school building, grounds or property, at any school
sponsored function or on any school bus or conveyance.
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7. Any building or area limited by municipal code.
(See Municipalities Below)
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While it is not a crime, when armed, to enter property where firearms are prohibited by the owner, lessee or
other person charged with care, custody and control thereof, refusal to relinquish the weapon or refusal to
leave the premises upon request while in possession of a firearm or other deadly weapon is a misdemeanor
punishable by up to one thousand dollars and/or up to six months in jail. There is no requirement in the law
that such property be posted as a “no gun” area. The provisions of this section only apply to property where
firearms are not otherwise prohibited by law.
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§61-7-11A. Possessing Deadly Weapons on Premises of Educational Facilities; Reports by School
Principals; Suspension of Driver’s License; Possessing Deadly Weapons on Premises
Housing Courts of Law and Family Law Courts.
(a) The Legislature finds that the safety and welfare of the citizens of this state are inextricably dependent
upon assurances of safety for children attending and persons employed by schools in this state and for
persons employed by the judicial department of this state. It is for the purpose of providing assurances of
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safety that §61-7-11a(b), §61-7-11a(g), and §61-7-11a(h), of this code and §61-7-11a(b)(2)(I) of this code,
are enacted as a reasonable regulation of the manner in which citizens may exercise the rights accorded to
them pursuant to section 22, article III of the Constitution of the State of West Virginia.
(b) (1) It is unlawful to possess a firearm or other deadly weapon:
(A) On a school bus as defined in §17A-1-1 of this code;
(B) In or on the grounds of any primary or secondary educational facility of any type: Provided, That it
shall not be unlawful to possess a firearm or other deadly weapon in or on the grounds of any private
primary or secondary school, if such institution has adopted a written policy allowing for possession of
firearms or other deadly weapons in the facility or on the grounds of the facility; or
(C) At a school-sponsored function that is taking place in a specific area that is owned, rented, or leased
by the West Virginia Department of Education, the West Virginia Secondary Schools Activities
Commission, a county school board, or local public school for the actual period of time the function
is occurring.
(2) This subsection does not apply to:
(K) Any person, 21 years old or older, who has a valid concealed handgun permit may possess a
concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other areas of vehicular
ingress or egress to a public school: Provided, That:
(i) When he or she is occupying the vehicle the person stores the handgun out of view from
persons outside the vehicle; or
(ii) When he or she is not occupying the vehicle the person stores the handgun out of view from
persons outside the vehicle, the vehicle is locked, and the handgun is in a glove box or other
interior compartment, or in a locked trunk, or in a locked container securely fixed to the
vehicle.
(3) A person violating this subsection is guilty of a felony and, upon conviction thereof, shall be
imprisoned in a state correctional facility for a definite term of years of not less than two years nor
more than 10 years, or fined not more than $5,000, or both fined and imprisoned.
2022 Acts, ch. TBD (HB 4596), eff. 6/7/2022..
Note: If you have a permit WV Issues or Honors you can keep your loaded firearm on your person as long
as it stays out of sight and you do not get out of the vehicle. You can’t carry a loaded firearm on your person
or in your vehicle onto K-12 school property if carrying under Permitless Carry.
§61-6-19. Willful Disruption of Governmental Processes; Offenses Occurring at State Capitol
Complex; Penalties.
(a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division,
agency, or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $100, or confined in jail not more than six months,
or both fined and confined: Provided, That any assembly in a peaceable, lawful, and orderly manner for a
redress of grievances is not a violation of this section.
(b)(1) It is unlawful for any person to bring upon the State Capitol Complex any deadly weapon as defined in
§61-7-2 of this code: Provided, That a person who may lawfully possess a firearm may keep a firearm in his
or her motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal
view: Provided, however, That a person may not carry upon the State Capitol Complex, a cannister of pepper
spray as defined in §61-7-2 of this code that exceeds one ounce. It is unlawful for any person to willfully
deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork, or
adornment in the State Capitol Complex. It is unlawful for any person or persons to willfully block or
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otherwise willfully obstruct any public access, stair, or elevator in the State Capitol Complex after being
asked by a law-enforcement officer acting in his or her official capacity to desist: Provided further, That in
order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful
obstruction for persons gathered in a group or crowd if the persons move to the side or part to allow other
persons to pass by the group or crowd to gain ingress or egress: And provided further, That this subsection
does not apply to a law-enforcement officer acting in his or her official capacity.(2) Any person who violates
this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100, or
confined in jail not more than six months, or both fined and confined. 2020 Acts, ch. TBD (SB 46), eff. 5/11/2020.
Note: You have to have a Permit WV Issues or Honors to store a firearm in your vehicle at the State
Capitol Complex.
§61-7-2. Definitions.
(3) "Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A
deadly weapon is concealed when it is carried on or about the person in such a manner that another person in
the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For
purposes of concealed handgun licensees, a licensee is considered to be carrying on or about his or her
person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.
(5) …….The term "deadly weapon" does not include pepper spray as defined in subdivision (12) of this
subsection when used by any person solely for self-defense purposes.
(12) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin
and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for
self-defense use. 2023 Acts, (SB 608 2023)
§8-12-5a. Limitations Upon Municipalities’ Power to Restrict the Purchase, Possession, Transfer,
Ownership, Carrying, Transport, Sale, and Storage of Certain Weapons and Ammunition.
(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise,
limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly
weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to
so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition
in any manner inconsistent with or in conflict with state law.
(b) For the purposes of this section:
(1) “Deadly weapon” has the meaning provided in §61-7-2 of this code.
(2) “Firearm” has the meaning provided in §61-7-2 of this code.
(3) “Municipally owned or operated building” means any building that is used for the business of the
municipality, such as a courthouse, city hall, convention center, administrative building, or other
similar municipal building used for a municipal purpose permitted by state law: Provided, That
“municipally owned or operated building” does not include a building owned by a municipality that is
leased to a private entity where the municipality primarily serves as a property owner receiving rental
payments.
(4) “Municipally owned recreation facility” means any municipal swimming pool, recreation center, sports
facility, facility housing an after-school program, or other similar facility where children are regularly
present.
(5) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin
and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is
intended for self-defense use.
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(c)(1) A municipality may enact and enforce an ordinance or ordinances that prohibit or regulate the carrying
or possessing of a deadly weapon, firearm, or pepper spray in municipally owned or operated buildings.
** (2) A municipality may enact and enforce an ordinance or ordinances that prohibit a person from carrying
or possessing a deadly weapon, firearm, or pepper spray openly or that is not lawfully concealed in
municipally owned recreation facility: Provided, That a municipality may not prohibit a person with a
valid concealed handgun license from carrying an otherwise lawfully possessed firearm into a
municipally owned recreation facility and securely storing the firearm out of view and access to others
during their time at the municipally owned recreation facility.
(3) A person may keep an otherwise lawfully possessed deadly weapon, firearm, or pepper spray in a
motor vehicle in municipal public parking facilities if the vehicle is locked and the deadly weapon,
firearm, or pepper spray is out of view.
(4) A municipality may not prohibit or regulate the carrying or possessing of a deadly weapon, firearm, or
pepper spray on municipally owned or operated property other than municipally owned or operated
buildings and municipally owned recreation facilities pursuant to subdivisions (1) and (2) of this
section: Provided, That a municipality may prohibit persons who do not have a valid concealed
handgun license from carrying or possessing a firearm on municipally owned or operated property.
(d) It shall be an absolute defense to an action for an alleged violation of an ordinance authorized by this
section prohibiting or regulating the possession of a deadly weapon, firearm, or pepper spray that the person:
(1) Upon being requested to do so, left the premises with the deadly weapon, firearm, or pepper spray or
temporarily relinquished the deadly weapon, firearm, or pepper spray in response to being informed
that his or her possession of the deadly weapon, firearm, or pepper spray was contrary to municipal
ordinance; and
(2) but for the municipal ordinance the person was lawfully in possession of the deadly weapon, firearm, or
pepper spray.
(e) Any municipality that enacts an ordinance regulating or prohibiting the carrying or possessing of a deadly
weapon, firearm, or pepper spray pursuant to subsection (c) of this section shall prominently post a clear
statement at each entrance to all applicable municipally owned or operated buildings or municipally owned
recreation facilities setting forth the terms of the regulation or prohibition.
(f) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq. of
this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
(g) For the purposes of §61-7-14 of this code, municipalities may not be considered a person charged with
the care, custody, and control of real property.
(h) This section does not:
(1) Authorize municipalities to restrict the carrying or possessing of deadly weapons, firearm, or pepper
spray, which are otherwise lawfully possessed, on public streets and sidewalks of the municipality; or
(2) Limit the authority of a municipality to restrict the commercial use of real estate in designated areas
through planning or zoning ordinances. 2020 Acts, ch. TBD (SB 96), eff. 5/31/2020.
** The Kanawha County Court has Ruled: Definition of the term "securely stored:" "... as being on one's
person and in a holster, purse, or bag so as long as the weapon remains attached to the individual, firmly
adhered to one's body, and is not freely placed." You can read the ruling Here.
Note: Open Carry or concealed without a permit can be prohibited by a city on their property but must be
posted.
_____________________________
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Note: The West Virginia State Police Barracks and the DMV Regional Offices that I have been to have
signs posted stating “No Firearms.” WV preemption (See Preemption Section Below) only covers
municipalities. St. Police and DMV Offices are not mentioned in WV Law on being off limits. I would not
want to be the test case. People at the state level are stating that 61-6-19 and 61-7-14 gives them the authority
on all state property.
Firearm Carry in West Virginia State Parks
Park guests may possess and carry cased rifles or shotguns within the boundaries of state parks. "Cased rifle
or shotgun" means a rifle or shotgun which is contained in a fully enclosing case which requires a zipper, lid
or other cover to be opened for access.
Park guests may possess and carry cased handguns within the boundaries of state parks subject to general
state law or restrictions on such carry. "Cased handgun" means a handgun carried for self defense in a
concealed manner or a handgun which is otherwise contained in a fully enclosing case or any type of secure
holster. No open carry.
Park guests shall not be required to obtain written permission prior to transporting a cased firearm within the
boundaries of the area.
_______________________
For Federal Restrictions on Firearms see the USA Page.
Campus Carry Act - Public Colleges//Universities Only
(Effective July 1, 2024)
Note: A Permit WV issues or Honors is required to carry on campus. WV does issue Carry Permits to
No-Residents 21 or older. (See How to Apply Section above) WV does not honor all other state
permits/licenses even though a Permitless Carry state. No Open Carry or Permitless Carry allowed.
21 for those with a permit West Virginia Honors. 18 for WV Residents with a WV Permit.
§18B-4-5b. Concealed Carry on Higher Education Campuses; Exceptions.
(a) Subject to the provisions of subsection (b) of this section, a person holding a current and valid
license to carry a concealed deadly weapon may carry a concealed pistol or revolver on the campus and in
the buildings of a state institution of higher education. This subsection only applies to areas of the campus
and buildings of a state institution of higher education under the custodial possession of the state institution
of higher education and does not include areas rented, leased, or under an exclusive agreement for the full-
time occupancy and use of a private entity.
(b) The provisions of subsection (a) of this section do not limit the authority of a state institution of higher
education to regulate possession of a concealed pistol or revolver by a person holding a current and valid
license to carry a concealed deadly weapon in the following locations when in compliance with §61-7-14 of
this code:
(1) At an organized event taking place at a stadium or arena with a capacity of more than 1,000 spectators;
(2) At a daycare facility located on the property of the state institution of higher education;
(3) In the secure area of any building used by a law-enforcement agency on the property of the state
institution for higher education;
(4) In an area of the property of the state institution of higher education that has adequate security
measures in place to ensure that pistols or revolvers are not carried by the public into the area. As used
in this section, "adequate security measures" means the use of electronic equipment and armed
personnel at public entrances to detect and restrict the carrying of any pistols or revolvers into the area,
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including, but not limited to, metal detectors, metal detector wands, or any other equipment used for
similar purposes to ensure that pistols or revolvers are not carried in those areas by members of the
public;
(5) In an on-campus room or rooms in which a student or employee disciplinary proceeding is being held;
(6) In sole occupancy offices on the campus and in the buildings of the state institution of higher
education. "Sole occupancy office" means a room with at least one door and walls that extend to the
ceiling that is assigned to a single person as his or her workspace. This subdivision does not authorize
a state institution of higher education to prohibit, regulate, or restrict faculty or staff members who
hold a current and valid license to carry a concealed deadly weapon from carrying a concealed pistol
or revolver in his or her assigned office;
(7) At a primary or secondary education school-sponsored function being held in a specific location on the
property of the state institution of higher education that is rented, leased, or under the exclusive use of
the West Virginia Department of Education, the West Virginia Secondary Schools Activities
Commission, a county school board, or local public school for the actual period of time the function is
occurring;
(8) At a private function that is being held in a specific location on the property of the state institution of
higher education that is rented, leased, or under the exclusive use of an entity that is not affiliated with
the state institution of higher education for the actual period of time the function is occurring;
(9) In any area on the property of the state institution of higher education where possession of a firearm is
prohibited by state or federal law;
(10) In specifically designated areas in which patient-care or mental health counseling is being provided;
(11) In high hazardous and animal laboratories, defined as laboratories with:
(A) Greater than 55 gallons of Class I flammable liquids and/or significant quantities of acids, bases,
organics, pyrophorics, peroxides, bio-hazardous materials, extremely toxic materials, or
pyrophoric or toxic gases classified NFPA 704 Category 3 or higher;
(B) Hazardous gases with K-size or larger cylinders containing corrosive, reactive, flammable, toxic,
and/or oxidizer gases classified NFPA 704 Category 2 or higher;
(C) MRI and/or NMR equipment capable of generating significant magnetic fields with field strength
of at least 5 gauss is measured outside the equipment or 5 gauss line typically at least 3 feet and as
much as 20 feet from equipment;
(D) Large cylinders of acetylene; or
(E) Animal research laboratory spaces in locations not accessible to the public or generally accessible
to students and staff, or
(12) In on-campus residence halls, except common areas such as lounges, dining areas, and study
areas.
(c) An employee whose employment responsibilities require him or her to be in an on-campus residence
hall and who holds a current and valid license to carry a concealed deadly weapon is permitted to carry a
concealed revolver or pistol on or about his or her person while present in on-campus residence halls for
purposes of his or her employment.
(d) Institutions of higher education shall provide either: (1) A secure location for the storage of a pistol or
revolver in at least one of the institution's on-campus residence halls; or (2) make available an appropriate
safe that may be installed in a resident’s room in any of the institution’s on-campus residence halls. If an
institution chooses to make a storage room available to on-campus residents at an on-campus residence hall,
the institution shall develop a policy that reserves an appropriate amount of rooms in the on-campus
residence hall where the storage room is located for on-campus residents with a current and valid license to
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carry a concealed deadly weapon. The institution shall make the storage room available at all times during
which the on-campus residence hall is open and fully operational for use by its residents. If West Virginia
University chooses to provide secure locations instead of making safes available to students, it shall provide
a secure location in at least two on-campus residence halls at its Morgantown campus and one at each of its
Beckley and Keyser campuses.
(e) An institution of higher education may charge a reasonable fee for the use of the secure storage location
or a safe.
(f) The provisions of subsection (a) of this section do not limit the authority of a state institution of higher
education from taking disciplinary action against a student or employee with a valid license to carry a
concealed deadly weapon who is convicted of a violation of §61-7-14 of this code related to carrying a
firearm in a location listed in subsection (b) of this section.
(g) Notwithstanding any provision of subsection (a) of this section to the contrary, while on the campus or
in the buildings of a state institution of higher education, a holder of a license to carry a concealed deadly
weapon or any other person not expressly authorized to do so by the state institution of higher education,
may not carry a pistol or revolver which is partially or wholly visible, or intentionally or knowingly display
a firearm in plain view of another person in a way or manner to cause, or threaten, a breach of the peace,
regardless of whether the firearm is holstered. A holder of a license to carry a concealed deadly weapon who
violates this subsection may, in addition to any applicable criminal charges, be subject to discipline the state
institution of higher education considers appropriate.
(h) It is the intent of the Legislature to establish, by this act, conditions under which persons with a current
and valid license to carry a concealed deadly weapon may carry a concealed pistol or revolver at a state
institution of higher education. When a person exercises the rights granted by this section, neither the
carrying of a concealed pistol or revolver, nor any other conduct of person involving a concealed pistol or
revolver, shall be construed to be an act of the state institution of higher education nor of the state, and no
liability for any such actions of such person shall be imputed to the state institution of higher education, its
officers, agents, or employees, unless the state institution of higher education has expressly requested or
directed such person to carry a concealed pistol or revolver: Provided, That the failure to provide adequate
security measures at any building or location at a state institution of higher education where the carrying of a
concealed pistol or revolver is not permitted shall not give rise to a cause action or any liability whatsoever
related to or arising from the carrying of a concealed pistol or revolver by any person.
(i) For the purposes of this section, a "license to carry a concealed deadly weapon" refers to a current and
valid license, lawfully issued by the State of West Virginia pursuant to §61-7-4 or §61-7-4a of this code, or a
current and valid license or permit recognized under §61-7-6a of this code.
(j) These amendments to this section enacted during the regular session of the Legislature, 2023, may be
cited as the Campus Self-defense Act.
(k) The provisions of this section apply on or after July 1, 2024. SB 10 2023
School Policies: WVU Morgantown/Parkersburg WVU FAQs Marshall Fairmont St
West Liberty WVNCC Concord Shepherd Univ.
Parking Lot Storage Law (Edited For Space Considerations)
§61-7-14 Right of Certain Persons to Limit Possession of Firearms on Premises. (The Business
Liability Protection Act).
This section may be referred to as "The Business Liability Protection Act".
(a) As used in this section:
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(1) "Parking lot" means any property that is used for parking motor vehicles and is available to customers,
employees, or invitees for temporary or long term parking or storage of motor vehicles: Provided,
That for purposes of this section, parking lot does not include the private parking area at a business
located at the primary residence of the property owner.
(2) "Motor vehicle" means any privately-owned automobile, truck, minivan, sports utility vehicle, motor
home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of
this state and, which is required to be registered under state law: Provided, That for purposes of this
section, motor vehicle does not mean vehicles owned, rented, or leased by an employer and used by
the employee in the course of employment.
(3) "Employee" means any person, who is over 18 years of age, not prohibited from possessing firearms
by the provisions of this code or federal law, and who:
(A) Works for salary, wages, or other remuneration;
(B) Is an independent contractor; or
(C) Is a volunteer, intern, or other similar individual for an employer.
(4) "Employer" means any business that is a sole proprietorship, partnership, corporation, limited liability
company, professional association, cooperative, joint venture, trust, firm, institution, association, or
public-sector entity, that has employees.
(5) "Invitee" means any business invitee, including a customer or visitor, who is lawfully on the premises
of a public or private employer.
(6) "Locked inside or locked to" means:
(A) The vehicle is locked; or
(B) The firearm is in a locked trunk, glove box, or other interior compartment, or
(C) The firearm is in a locked container securely fixed to the vehicle; or
(D) The firearm is secured and locked to the vehicle itself by the use of some form of attachment and
lock.
(b) Notwithstanding the provisions of this article, any owner, lessee, or other person charged with the care,
custody, and control of real property may prohibit the carrying openly or concealing of any firearm or deadly
weapon on property under his or her domain: Provided, That for purposes of this section "person" means an
individual or any entity which may acquire title to real property: Provided, however, That for purposes of
this section "natural person" means an individual human being.
(c) Any natural person carrying or possessing a firearm or other deadly weapon on the property of another
who refuses to temporarily relinquish possession of the firearm or other deadly weapon, upon being
requested to do so, or to leave the premises, while in possession of the firearm or other deadly weapon, is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail
not more than six months, or both: Provided, That the provisions of this section do not apply to a natural
person as set forth in §61-7-6(a)(5) through §61-7-6(a)(7) and §61-7-6(a)(9) through §61-7-6(a)(10) of this
code while acting in his or her official capacity or to a natural person as set forth in §61-7-6(b)(1)
through §61-7-6(b)(8) of this code, while acting in his or her official capacity: Provided, however, That
under no circumstances, except as provided for by the provisions of §61-7-11a(b)(2)(A) through (K) of this
code, may any natural person possess or carry or cause the possession or carrying of any firearm or other
deadly weapon on the premises of any primary or secondary educational facility in this state unless the
natural person is a law-enforcement officer or he or she has the express written permission of the county
school superintendent.
(d) Prohibited acts. - Notwithstanding the provisions of subsections (b) and (c) of this section:
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(1) No owner, lessee, or other 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:
(A) Lawfully possessed;
(B) Out of view;
(C) Locked inside or locked to a motor vehicle in a parking lot; and
(D) When the customer, employee, or invitee is lawfully allowed to be present in that area.
(2) No owner, lessee, or other person charged with the care, custody, and control of real property may
violate the privacy rights of a customer, employee, or invitee by conducting an actual search of a
motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle: Provided, That
a search of a motor vehicle in a parking lot to ascertain the presence of a firearm within that motor
vehicle may only be conducted by on-duty, law enforcement personnel, in accordance with statutory
and constitutional protections.
(3) No owner, lessee, or other person charged with the care, custody, and control of real property may
remove a customer, employee, or invitee for storing a firearm inside a motor vehicle in a parking lot
as defined in this section, nor may they terminate an employee or take other adverse employment
action against an employee for such storage, except in cases of threats of unlawful action.
(4) No employer may condition employment upon either:
(A) The fact that an employee or prospective employee holds or does not hold a license issued
pursuant to §61-7-4 or §61-7-4a of this code; or
(B) An agreement with an employee or a prospective employee prohibiting that natural person from
keeping a legal firearm locked inside or locked to a motor vehicle in a parking lot when the
firearm is kept for lawful purposes.
(5) No owner, lessee, or other person charged with the care, custody, and control of real property may
prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the
person's place of business because the customer's, employee's, or invitee's motor vehicle contains a
legal firearm being carried for lawful purposes that is out of view within the customer's, employee's,
or invitee's motor vehicle.
(e) Limitations on duty of care; immunity from civil liability.
(1) When subject to the provisions of subsection (d) of this section, an employer, owner, lessee, or other
person charged with the care, custody, and control of real property has no duty of care related to the
acts prohibited under said subsection.
(2) An employer, owner, lessee, or other person charged with the care, custody, and control of real
property is not liable in a civil action for money damages based upon any actions or inactions taken
in compliance with subsection (d) of this section. The immunity provided in this subdivision does not
extend to civil actions based on actions or inactions of employers, owners, lessees, or other persons
charged with the care, custody, and control of real property unrelated to subsection (d) of this section.
(2) Nothing contained in this section may be interpreted to expand any existing duty or create any
additional duty on the part of an employer, owner, lessee, or other person charged with the care,
custody, and control of real property. HB 5232 2024
Note: §61-7-11a does not allow anyone without a permit WV issues or honors to have a loaded firearm in
their vehicle in a K-12 parking lot. That law still applies even with the Parking Lot Storage Law as stated
above.
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Do “No Gun Signs” Have the Force of Law?
“NO”
“No Firearm” signs in West Virginia have no force of law unless they are posted on property that is
specifically mentioned in State Law as being off limits to those with a Permit/License to Carry. If you are in
a place not specifically mentioned in the law that is posted and they ask you to leave, you must leave. If you
refuse to leave then you are breaking the law and can be charged. Even if the property is not posted and you
are asked to leave you must leave. Always be aware of the possibility that responding Police Officers who
may have been called without your knowledge and may not know the laws on trespass etc. could arrest you
even if you are within the law.
“Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what
the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and
give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of
the 2nd Amendment we should also honor the rights of property owners to control their own property even if
we disagree with them.”
Must Inform Officer Immediately on Contact By Law?
“NO”
West Virginia has no statute or Administrative Rule stating you must inform an officer you are carrying on
any official contact. You must tell an officer if ask. Lying to a Police Officer is an offense in itself.
Carry In State Parks//WMA/Road Side Rest Areas & St. /Nat. Forests
Carry Allowed in these Areas:
State Parks: YES See §20-2-5 Concealed Only No uncased Long Guns unless Hunting.
State/National Forests: YES Per WVDNR
State WMA: YES Per WVDNR
Road Side Rest Areas: YES
*Notice: If State Park Carry is Legal in this state and if that state park is located on a lake created by the
US Army Corp of Engineers (COE) who owns the land and leases it to the state for that park the park is Off
Limits to the legal carrying of firearms per federal law. 36 CFR 327.13 District Commanders received this
Memorandum detailing how they could authorize someone to carry on (COE) property. The (COE) has also
put out a Pamphlet on carrying firearms on (COE) Property. They do not post their property you must know
the boundaries. Hunting is usually allowed doing hunting season.
RV/Car Carry Without a Permit/License
§61-7-7. … Right of Nonprohibited Persons Over Twenty-One Years of Age to Carry Concealed
Deadly Weapons …
(c) Any person may carry a concealed deadly weapon without a license therefor who is:
(1) At least twenty-one years of age;
(2) A United States citizen or legal resident thereof;
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(3) Not prohibited from possessing a firearm under the provisions of this section; and
(4) Not prohibited from possessing a firearm under the provisions of 18 U. S. C. §922(g) or (n).
2016 Acts, ch. TBD (HB 4145), eff. 6/3/2016.
§61-7-6. Exceptions as to Prohibitions Against Carrying Concealed Handguns for Persons at Least
Eighteen Years of Age and Fewer Than Twenty-One Years of Age;
(7) A member of the United States Armed Forces, Reserve or National Guard; 2016 Acts, ch. (HB 4145), 6/3/2016.
Note: Active members of the Military, Reserves or National Guard 18 and older can carry concealed with
only their Military ID. All others carrying under Permitless Carry must be 21. You must have Photo/Military
ID in your possession when Carrying.
Loaded Long Guns in Vehicles/State Parks/St Forest Recreation Areas/Trails
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts; Sunday Hunting.
(a) Except as authorized by the director or by law, it is unlawful at any time for any person to:
(9) Carry an uncased or loaded firearm in the woods of this state or in state parks, state forests, state
wildlife management areas, or state rail trails with the following permissible exceptions:
(A) A person in possession of a valid license or permit during open firearms hunting season for wild
animals and nonmigratory wild birds where hunting is lawful;
(B) A person hunting or taking unprotected species of wild animals, wild birds, and migratory wild birds
during the open season, in the open fields, open water, and open marshes of the state where hunting is
lawful;
(C) A person carrying a firearm pursuant to §20-2-6 of this code; (Own Property)
(D) A person carrying a firearm for self-defense who is not prohibited from possessing firearms
under state or federal law; or
(E) A person carrying a rifle or shotgun for self-defense who is not prohibited from possessing
firearms under state or federal law: Provided, That this exception does not apply to an uncased
rifle or shotgun carried specifically in state park or state forest recreational facilities and marked
trails within state park or state forest borders;
(17) Have a bow and gun, or have a gun and any arrow, in the fields or woods at the same time;
(18) Have a crossbow in the woods or fields, or use a crossbow to hunt, take, or attempt to take any
wildlife except as otherwise provided in §20-2-5g and §20-2-42w of this code;
2022 Acts, ch. TBD (HB 4048), eff. 5/24/2022
Note: HB 4048 passed in 2022 has the preamble as below which amended §20-2-5 removing the prohibitions as
listed below.
AN ACT to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to removing the
criminal prohibitions against carrying loaded long guns, nocked cross bows with a nocked bolt, or bows with a nocked
arrow in a motor vehicle; and removing prohibitions against carrying long guns, cross bows, or bows, that are not in a
case or taken apart, in motor vehicles during evening hours.
Open Carry (Without a Valid Permit/License)
Open Carry is legal. Places as listed in the “Places Off Limits” above apply to those who open carry. See the
“RV/Car Carry Without a Permit/License” section for carrying in a vehicle. Also No Open Carry in State
Parks.
The state preempts all firearm laws in the state but municipalities may enact and enforce an ordinance or
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ordinances that prohibit a person from carrying or possessing a firearm openly or that is not lawfully
concealed in a municipally owned recreation facility. (See Preemption Section and Off Limits Section)
Remember that if you enter any property and the owner/responsible person ask you to leave you must leave.
Failure to leave can result in Trespass Charges. The Minimum age for Open Carry is 18
Whenever pedestrian or vehicular traffic is prohibited in an area of a municipality for the purpose of a
temporary event of limited duration, not to exceed fourteen days, which is authorized by a municipality, a
municipality may prohibit persons who do not have a valid concealed handgun license from possessing a
firearm in the area where the event is held;
In some states Open Carry is forbidden in places where those with a valid permit/license can carry. This is
not the last word on Open Carry in this state. Go to Google and type in State Name Open Carry or Open
Carry State Name for a search for open carry info in this state. Check with the State's RKBA
Organization/s. Also see “Attorney General Opinions/Court Cases” Section for any written opinions/Cases
on Open Carry.
Note: See Permitless Carry Section for information on carrying concealed without a permit/license.
State Preemption
§8-12-5a. Limitations Upon Municipalities’ Power to Restrict the Purchase, Possession, Transfer,
Ownership, Carrying, Transport, Sale, and Storage of Certain Weapons and Ammunition.
(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise,
limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly
weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to
so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition
in any manner inconsistent with or in conflict with state law.
(b) For the purposes of this section:
(1) “Deadly weapon” has the meaning provided in §61-7-2 of this code.
(2) “Firearm” has the meaning provided in §61-7-2 of this code.
(3) “Municipally owned or operated building” means any building that is used for the business of the
municipality, such as a courthouse, city hall, convention center, administrative building, or other
similar municipal building used for a municipal purpose permitted by state law: Provided, That
“municipally owned or operated building” does not include a building owned by a municipality that is
leased to a private entity where the municipality primarily serves as a property owner receiving rental
payments.
(4) “Municipally owned recreation facility” means any municipal swimming pool, recreation center, sports
facility, facility housing an after-school program, or other similar facility where children are regularly
present.
(5) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin
and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is
intended for self-defense use.
(c)(1) A municipality may enact and enforce an ordinance or ordinances that prohibit or regulate the carrying
or possessing of a deadly weapon, firearm, or pepper spray in municipally owned or operated buildings.
** (2) A municipality may enact and enforce an ordinance or ordinances that prohibit a person from carrying
or possessing a deadly weapon, firearm, or pepper spray openly or that is not lawfully concealed in
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municipally owned recreation facility: Provided, That a municipality may not prohibit a person with a
valid concealed handgun license from carrying an otherwise lawfully possessed firearm into a
municipally owned recreation facility and securely storing the firearm out of view and access to others
during their time at the municipally owned recreation facility.
(3) A person may keep an otherwise lawfully possessed deadly weapon, firearm, or pepper spray in a
motor vehicle in municipal public parking facilities if the vehicle is locked and the deadly weapon,
firearm, or pepper spray is out of view.
(4) A municipality may not prohibit or regulate the carrying or possessing of a deadly weapon, firearm, or
pepper spray on municipally owned or operated property other than municipally owned or operated
buildings and municipally owned recreation facilities pursuant to subdivisions (1) and (2) of this
section: Provided, That a municipality may prohibit persons who do not have a valid concealed
handgun license from carrying or possessing a firearm on municipally owned or operated property.
(d) It shall be an absolute defense to an action for an alleged violation of an ordinance authorized by this
subsection prohibiting or regulating the possession of a deadly weapon, firearm, or pepper spray that the
person:
(1) Upon being requested to do so, left the premises with the deadly weapon, firearm, or pepper spray or
temporarily relinquished the deadly weapon, firearm, or pepper spray in response to being informed
that his or her possession of the deadly weapon, firearm, or pepper spray was contrary to municipal
ordinance; and
(2) but for the municipal ordinance the person was lawfully in possession of the deadly weapon, firearm, or
pepper spray.
(e) Any municipality that enacts an ordinance regulating or prohibiting the carrying or possessing of a deadly
weapon, firearm, or pepper spray pursuant to subsection (c) of this section shall prominently post a clear
statement at each entrance to all applicable municipally owned or operated buildings or municipally owned
recreation facilities setting forth the terms of the regulation or prohibition.
(f) Redress for an alleged violation of this section may be sought through the provisions of §53-1-1 et seq. of
this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.
(g) For the purposes of §61-7-14 of this code, municipalities may not be considered a person charged with
the care, custody, and control of real property.
(h) This section does not:
(1) Authorize municipalities to restrict the carrying or possessing of deadly weapons, firearm, or pepper
spray, which are otherwise lawfully possessed, on public streets and sidewalks of the municipality; or
(2) Limit the authority of a municipality to enact or enforce generally applicable zoning or business
ordinances that apply to firearms businesses to the same degree as other similar businesses except as
follows:
(A) Any provision of an ordinance that is designed or enforced to effectively restrict or prohibit the
sale, purchase, transfer, manufacture, repair, or display of firearms, ammunition, firearms accessories
or components as that term is defined in §31A-2B-3 of this code, or personal defense tools or
products other than firearms which are otherwise lawful under the laws of this state is void.
(B) A municipality may not use its planning or zoning powers solely to prohibit the sale of firearms,
ammunition, firearms accessories or components as that term is defined in §31A-2B-3 of this code, or
personal defense tools or products other than firearms within a prescribed distance of any other type
of commercial property or of school property or other educational property.
Any person aggrieved by a violation of this subdivision may seek redress as provided in subsection
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(f) of this section.
(i) The amendments to this section enacted in the 2024 Regular Session of the Legislature shall be known as
the Second Amendment Business Protection Act. HB 4782 2024
Note: Open Carry/Concealed without a permit can be prohibited by a city on their property but must be
posted.
Deadly Force Laws
§55-7-22. Civil relief for persons resisting certain criminal activities. (Castle Doctrine)
Knife Laws State/Cities
To access State/Local Knife Laws Click “Here”
Carry in Restaurants That Serve Alcohol
YES
Note: A “YES” above means you can carry into places like described below. “NO” means you can’t.
Handgunlaw.us definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places
like Friday’s or Red Lobster unless posted with “No Gun Signs.” This may or may not mean the bar
or the bar area of a restaurant. But you can carry your firearm into a restaurant that serves alcohol
and sit and eat without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar
area of such restaurants. In some states it is illegal to be in the Bar area of such restaurants.
Handgunlaw.us believes you should never consume alcohol when carrying your firearm. In some
states it is illegal to take even one drink while carrying a firearm. If you want further info on carrying
in places that serve alcohol check your state laws.
Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws
§61-7-2. Definitions
(5) …….The term "deadly weapon" does not include pepper spray as defined in subdivision (12) of this
subsection when used by any person solely for self-defense purposes.
(12) “Pepper spray” means a temporarily disabling aerosol that is composed partly of capsicum oleoresin
and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for
self-defense use. 2023 (SB 608)
§61-6-19. Willful Disruption of Governmental Processes; Offenses Occurring at State Capitol
Complex; Penalties.
(b) It is unlawful for any person to bring upon the State Capitol Complex any weapon as defined in §61-7-2
of this code: Provided, That a person who may lawfully possess a firearm may keep a firearm in his or her
motor vehicle upon the State Capitol Complex if the vehicle is locked and the weapon is out of normal view.
Provided, however, That a person may not carry upon the State Capitol Complex, a canister of pepper
spray as defined in §61-7-2 of this code that exceeds one ounce…… Violation is a misdemeanor.
2020 Acts, ch. TBD (SB 46), eff. 5/11/2020.
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Note: 61-7-2 defines pepper spray as composed of capsicum oleoresin and is no longer a Deadly Weapon if
carried by someone 16 years of age or older for defensive purposes. No statewide restrictions on the size you
can carry but only a container of no more than 1 oz is allowed at the state capitol complex per 61-6-19. State
Preemption laws now apply to Pepper Spray and there can be no local Ordinances more stringent than state
law.
LEOSA State Information
LEOSA Application For Retired Member Handgun Authorization (From the WV State Police)
§30-29-12 - WV Law Enforcement Agencies Must Supply Retirees Identification Upon Retirement
See the LEOSA Section on the USA Page at Handgunlaw.us for more LEOSA Information.
Attorney General Opinions/Court Cases
West Virginia Supreme Court - Supreme Court decision, Defense of Others
WV Supreme Court – No Duty to Retreat in your Home
Kanawha County Court – City Parks and Recreation Area Carry (9/17)
Airport Carry/Misc. Information
Airport Carry: No laws found.
Training Valid for: No set time limit.
Time Period to Establish Residency: Upon obtaining a West Virginia Drivers License/ID
Minimum Age for Permit/License: 18
Permit/License Info Public Information: NO §29B-1-4. (20)
State Reciprocity/How They Honor Other States Statute: §61-7-6a.
State Firearm Laws: §61-7-1 thru §61-7-15
State Deadly Force Laws: §55-7-22.
State Knife Laws: §61-7-2
Chemical/Electric Weapons Laws: No laws found.
Body Armor Laws: §61-7-15.
Does Your Permit/License Cover Other Weapons Besides Firearms? NO
State Safe Storage/Access by Minors Statute/s: No Statute Found
Is carrying of a Concealed Firearm with Permit/License
for Defensive Purposes Only While Hunting Legal? YES WV Dept of Nat Recourses General Regulations
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Notes
What Does WV Consider A Loaded Firearm?
West Virginia Statute and DNR Hunting Regulations no longer define what loaded means. Below is
the definition before their latest law change that allows for carrying firearms just about everywhere
with pemitless carry.
Possess a loaded rifle or shotgun, a bow with a nocked arrow, or crossbow with a nocked bolt, in or on any
vehicle or conveyance, or its attachments. A rifle or shotgun with cartridges that have not been removed or a
magazine that has not been detached is considered loaded. For the purposes of this section, a rifle or shotgun
whose magazine readily detaches is considered unloaded if the magazine is detached and no cartridges
remain in the rifle or shotgun itself;
State Emergency Powers
Article 5. Division of Homeland Security and Emergency Management.
§15-5-2. Definitions. (Edited for Space Considerations.Handgunlaw.us recommends you read all of §15-5-2)
As used in this article:
(2) "Code" means the Code of West Virginia, 1931, as amended;
(3) "Community facilities" means a specific work, or improvement within this state or a specific item of
equipment or tangible personal property owned or operated by any political subdivision or nonprofit
corporation and used within this state to provide any essential service to the general public;
(4) "Critical infrastructure" includes any systems and assets, whether physical or virtual, so vital to the
state that the incapacity or destruction of such systems and assets would have a debilitating impact on
security, state economic security, state public health or safety, or any combination of those matters;
(5) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of
life or property resulting from any natural or terrorist or man-made cause, including weapons of mass
destruction, fire, flood, earthquake, wind, snow, storm, chemical or oil spill or other water or soil
contamination, epidemic, air contamination, blight, drought, infestation or other public calamity requiring
emergency action;
(6) "Disaster recovery activities" means activities undertaken prior to, during or following a disaster to
provide, or to participate in the provision of, critical infrastructure, emergency services, temporary housing,
residential housing, essential business activities, and community facilities;
(8) "Essential business activities" means a specific work or improvement within this state or a specific item
of equipment or tangible personal property used within this state by any person to provide any essential
goods or critical infrastructure services determined by the authority to be necessary for continued operations
during a disaster, state of emergency, or state of preparedness, and for recovery from a disaster;
(11) "Person" means any individual, corporation, voluntary organization or entity, partnership, firm, or
other association, organization, or entity organized or existing under the laws of this or any other state or
country;
(12) "Political subdivision" means any county or municipal corporation in this state;
(14) "Residential housing" means a specific work or improvement within this state undertaken primarily to
provide dwelling accommodations, including the acquisition, construction or rehabilitation of land, buildings
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and improvements thereto, for residential housing, including, but not limited to, facilities for temporary
housing and emergency housing, and any other nonhousing facilities that are incidental or appurtenant
thereto;
(16) "State of emergency" means the duly proclaimed existence of conditions of disaster or other serious
threat to the health or safety of persons and property within West Virginia, or a specific geographic area
thereof, including, but not limited to, an attack upon the state or the United States, a natural or man-made
disaster of major proportions, a pandemic, or other large-scale threat beyond the capacity of local control;
(18) “Temporary housing” means a specific work or improvement within this state undertaken primarily to
provide dwelling accommodations, including the acquisition, construction or rehabilitation of land, buildings
and improvements thereto, for temporary residential shelters or housing for victims of a disaster and such
other nonhousing facilities that are incidental or appurtenant thereto. SB 128 2023
§15-5-6. Proclamation of a state of emergency or state of preparedness by the Governor or the
Legislature; (Edited for Space Considerations.Handgunlaw.us recommends you read all of §15-5-6)
(a) The provisions of this section, and any executive order issued pursuant to the provisions of this section,
are operative only during the existence of a state of emergency or state of preparedness: Provided, That
nothing in this section or in any executive order issued hereunder may be construed to suspend or supersede
any provision of the United States Constitution or West Virginia Constitution.
(b) The existence of a state of emergency may be proclaimed by the Governor by executive order or by
concurrent resolution of the Legislature if the Governor in the proclamation, or the Legislature in the
concurrent resolution, finds that conditions warranting the proclamation of a state of emergency, as defined
in this article, exist, and that the health, safety, and welfare of the inhabitants of this state require an
invocation of the provisions of this section: Provided, That a gubernatorially proclaimed state of emergency
expires 60 days after issuance of the executive order unless, prior to the 60th day, the Legislature adopts a
concurrent resolution extending the state of emergency beyond 60 days. A concurrent resolution adopted by
the Legislature to extend a state of emergency proclaimed by the governor shall set forth within its terms the
length of time for which the state of emergency shall be extended. A state of emergency, whether proclaimed
by the Governor or by the Legislature, terminates upon the issuance of a proclamation of termination by the
Governor, or the passage by the Legislature of a concurrent resolution terminating the state of emergency.
(c) The existence of a state of preparedness may be proclaimed by the Governor by executive order or by
concurrent resolution of the Legislature, if the Governor in the proclamation or the Legislature in the
resolution, finds that conditions warranting the proclamation of a state of preparedness, as defined in this
article, exist, and that the health, safety, and welfare of the inhabitants of this state require the invocation of
the provisions of this section: Provided, That the Governor or the Legislature shall proclaim a state of
preparedness as a "Class I state of preparedness" or a "Class II state of preparedness", as defined in this
article, by law: Provided however, That a gubernatorially proclaimed Class I state of preparedness expires 30
days after issuance of the executive order unless, prior to the 30th day, the Legislature adopts a concurrent
resolution extending the state of preparedness beyond 30 days. A concurrent resolution adopted by the
Legislature to extend a Class I state of preparedness proclaimed by the governor shall set forth within its
terms the length of time for which the state of preparedness shall be extended. A Class II state of
preparedness, whether proclaimed by the Governor of by the Legislature, terminates upon the issuance of a
proclamation of termination by the Governor, or the passage by the Legislature of a concurrent resolution
terminating the Class II state of preparedness.
(d) When a state of emergency follows a state of preparedness involving the same or substantially similar
circumstances, the total time allotted for the duration of the two combined shall be no more than 90 days,
unless the Governor follows the requirements for extending the state of emergency under subsection (b) of
this section.
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(e) Any proclamation or concurrent resolution issued under this section shall include, in general terms:
(1) A description of the facts and circumstances warranting the proclamation or concurrent resolution; and
(2) A designation of the geographic area threatened.
(f) Any proclamation or resolution shall be disseminated as soon as practicable to the news media and any
other means which are calculated to bring its contents to the attention of the general public: Provided, That
for a gubernatorial proclamation of a state of emergency or state of preparedness, the Governor shall provide
a copy of the executive order to the President of the Senate, the Speaker of the House of Delegates, and the
Joint Committee on Government and Finance.
(g) Under a duly proclaimed state of emergency or state of preparedness, the Governor has the following
additional powers which are intended to be construed to authorize actions which are consistent with
constitutional or statutory law, or with final orders of those courts of competent jurisdiction to which the
Governor is subject:
(9) To suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives,
and combustibles: Provided, That explosives and combustibles do not include firearms,
ammunition, components of ammunition, or ammunition-reloading equipment and supplies;
(j) During any state of preparedness or state of emergency proclaimed at any time, an executive order of the
Governor may not:
(1) Close churches or other houses of worship or prevent their operation in any manner that is more
restrictive than the least restrictive provisions in place for the operation of the most essential facilities
of government or private enterprise.
(2) Suspend or limit the lawful sale, lawful transfer, or lawful transportation of firearms, SB 128 2023
ammunition, components of ammunition, or ammunition-reloading equipment and supplies;
§15-5-19A. Possession of Firearms During a Declared State of Emergency. (Edited for Space
Considerations.)
(a) During a federal or state declared state of emergency, no state agency, county, or municipality, or any
elected or appointed official or employee thereof, may:
(1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage,
sale, display, or other lawful use of a firearm or ammunition, any firearm or ammunition component
or accessory, ammunition reloading equipment and supplies, or personal weapons other than firearms;
(2) Seize, confiscate, or authorize the seizure or confiscation of any otherwise lawfully possessed firearm
or ammunition, any firearm or ammunition component or accessory, ammunition reloading equipment
and supplies, or otherwise lawful personal weapons other than firearms unless:
(A) The person acting on behalf of or under the authority of the state, a county, or municipality is:
(i) Defending himself or another from an assault; or,
(ii) Arresting a person in actual possession of a firearm or ammunition for a violation of
the law; or
(B) The firearm or ammunition is being seized or confiscated as evidence of a crime;
(3) Requires registration of any firearm or ammunition, any firearm or ammunition component or
accessory, ammunition reloading equipment and supplies, or otherwise lawful personal weapons other
than firearms;
(4) Suspend or revoke a license to carry a concealed deadly weapon or provisional license to carry a
concealed deadly weapon issued pursuant to §61-7-1 et seq. of this code except as expressly authorized in
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that article;
(5) Willfully refuse to accept an application for a license to carry a concealed deadly weapon or
provisional license to carry a concealed deadly weapon, provided the application has been properly
completed in accordance with §61-7-1 et seq. of this code;
(6) Close or limit the operating hours of any entity engaged in the lawful selling or servicing of any
firearm, including any component or accessory, ammunition, ammunition reloading equipment and
supplies, or personal weapons other than firearms, unless the closing or limitation of hours applies
generally within the jurisdiction of commerce;
(7) Close or limit the operating hours of any indoor or outdoor shooting range; or
(8) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any
firearm or ammunition, any firearm or ammunition component or accessory, ammunition reloading
equipment and supplies, or personal weapons other than firearms.
(b) The prohibitions of subdivision (1), subsection (a) of this section do not prohibit the state or an
authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses
in the affected area during a declared state of emergency.
(c) Any individual adversely affected by a violation of this section may seek relief in an action at law or in
equity for redress against any state agency, county, municipality, or any elected or appointed official or
employee of this state, a county, or municipality that subjects the individual, or causes the individual to be
subjected, to an action prohibited by this section.
(d) In addition to any other remedy at law or in equity, an individual adversely affected by the seizure or
confiscation of any firearm or ammunition component or accessory, ammunition reloading equipment and
supplies, or otherwise lawful personal weapons other than firearms in violation of this section may bring an
action for the return of the seized or confiscated property in the circuit court of the county in which that
individual resides or in which the seized or confiscated property is located.
(e) A prevailing plaintiff in an action under this section is entitled to recover the following:
(1) Actual damages, including consequential damages;
(2) Court costs and fees; and
(3) Reasonable attorney’s fees. 2021 Acts, ch. 276 (SB 458), eff. 7/8/2021
Note: Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal
Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies. The state quoted
code may also not be all of the law on Emergency Powers held by the state. You should read the entire code
on Emergency Powers etc for this state by following the link to the state code.
Minimum Age for Possessing and Transporting of Handguns.
West Virginia 18 Y/O §61-7-8
This is the minimum age for possessing and transporting a handgun unloaded and secured in a vehicle
without any type of permit/license to carry firearms.
Note: In some states Possession and Transportation CAN be very restrictive in that you can ONLY
possess and transport a handgun to and from a Shooting Range, Gun Shop, property you own or other
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places you can legally possess a handgun. Some states do not have this restriction.
This is not the last word on possession and transporting of handguns in this, or any other state. Study your
state law further for more information. See “RV/Car Carry” Section Above for more information.
Permit/License Image
This image has been digitally assembled. It may not be 100% accurate but gives a good representation of the actual Permit/License.
Do notice that it says Permit on the front and License on the back.
The Provisional Permit issued to those 18-20 will have the same format but have “Provisional” prominently displayed on the front.
Updates to this Page
115 Links*
Archive of Previous Updates 4
7/1/2023 - Florida Now A Permitless Carry State. All Links Checked.
8/1/2023 – North Dakota Added as Permitless Carry States Listing Under Map.
9/2/2023 – Nebraska Added as a Permitless Carry State Under Map.
9/4/2023 – Note with link to Court Case added to beginning of Parking Lot Storage Section.
10/15/2023 – All Links Checked.
1/7/2024 – All Links Checked.
4/10/2024 – South Carolina Now Honors the West Virginia Provisional.
6/1/2024 – Preemption Section Updated per HB 4782. How to Apply, Non-Resident and Provisional Permit Sections Updated per
SB 147.
7/4/2024 – Louisiana Added as Permitless Carry State in Listing Under Map.
7/30/2024 – Notice on Corp of Engineer Properties on their Lakes Added to State Park Carry.
