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State Laws · WV

West Virginia Gun Laws

Constitutional carry

Effective as of May 24, 2016 (SB 347 (constitutional carry)). Laws change — you should check for updates or consult with a licensed firearms trainer in your state before acting on this information.

Concealed & Open Carry

West Virginia adopted constitutional carry under SB 347, effective May 24, 2016. Persons aged 21 and older (18 for military) who can legally possess a firearm may carry concealed without a permit. Open carry is legal for anyone who can legally possess a firearm. West Virginia issues a Concealed Handgun License for reciprocity.

Key statute: W. Va. Code § 61-7-3 — carrying a deadly weapon without a license. Exemptions for eligible persons under § 61-7-7.

Who Cannot Carry

Prohibited persons include: convicted felons, persons convicted of a misdemeanor crime of violence within the past five years, persons subject to domestic violence protective orders, persons adjudicated as mentally incompetent, persons committed involuntarily to a mental institution, persons addicted to alcohol, persons under 21 (18 for military), and persons who have been convicted of a misdemeanor offense of assault or battery involving a family or household member.

Prohibited Locations

West Virginia prohibits carry in: courthouses and court areas, schools (K-12), school buses, the state capitol complex (with exceptions for CHL holders), and any private property with posted prohibition. West Virginia allows carry in churches, restaurants serving alcohol, and most government buildings.

Purchase Requirements

No permit is required to purchase any firearm. All FFL sales require a NICS background check. Private sales do not require a background check. There is no waiting period, no state firearms registry, no assault weapons ban, and no magazine restriction.

Citations

W. Va. Code Chapter 61, Article 7 (dangerous weapons); SB 347 (2016).

Look up statutes at West Virginia Legislature

Legal disclaimer

This summary is for informational purposes only. Firearms laws change frequently. Always verify current statutes and consult a qualified attorney before making legal decisions.

Sources & official resources

West Virginia statutes

West Virginia Legislature

This link goes to West Virginia's legislative website. To find specific firearms statutes, search for terms like "concealed carry," "firearms," or "weapons permit" in the site's search function.