West Virginia State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In West Virginia, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.  Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).  In addition, West Virginia has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. West Virginia Code § 61-7-7(a) provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:

• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

• Is addicted to alcohol;

• Is an unlawful user of or addicted to any controlled substance;

• Has been adjudicated as a mental defective or has been involuntarily committed to a mental institution;

• Is an illegal alien or otherwise unlawfully in the United States;

• Has been discharged from the armed forces under dishonorable conditions;

• Has been convicted of a misdemeanor offense of assault or battery under section 61-2-28 or section 61-2-9(b) or (c) (or has been convicted of a comparable misdemeanor crime of domestic violence in any jurisdiction) in which the victim was a: 1) current or former spouse; 2) current or former sexual or intimate partner; 3) person with whom the defendant has a child in common; 4) person with whom the defendant cohabits or has cohabited; 5) a parent or guardian; 6) the defendant’s child or ward; or 7) a member of the defendant’s household at the time of the offense; or

• Is subject to a domestic violence protective order issued after a hearing that restrains such person from harassing, stalking or threatening an intimate partner of such person or that intimate partner’s child, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and that either includes a finding that the person represents a credible threat to the physical safety of such intimate partner or child, or by its terms explicitly prohibits the use, attempted use or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

Any person who violates the provisions of Section 61-7-7(a) is criminally liable for a misdemeanor. Id. Any person who knowingly sells, rents, gives or lends, or, where the person is other than a natural person, knowingly permits an employee thereof to knowingly sell, rent, give or lend any deadly weapon to a prohibited purchaser/possessor is criminally liable for a felony. Section 61-7-10(b).

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in West Virginia, although federal and state purchaser prohibitions still apply.  See the West Virginia Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

West Virginia generally allows persons to possess firearms in their home, on their property or at their place of business without possessing a license. W. Va. Code § 61-7-6(1). West Virginia law does not prohibit the open carrying of loaded firearms in public. However, section 61-7-10(a)(1) prohibits the public display of firearms or other deadly weapons in conjunction with an offer to rent or sell a firearm or deadly weapon. See the West Virginia Private/Secondary Sales section for further information.

No person may possess any firearm or any other deadly weapon on any site that houses a court of law or in the offices of a family law master. Section 61-7-11a(g)(1), (h)(1).

Any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying, openly or concealed, of any firearm or deadly weapon on property under his or her domain. Section 61-7-14. Any firearms possessor who refuses to temporarily relinquish possession of his or her firearm on such premises or who refuses to leave such premises, after being requested to do so, is criminally liable for a misdemeanor. Id.

Transportation of Firearms

A person may carry any firearm, unloaded, from the place of purchase to his or her home, residence or place of business, or to a place of repair and back to his or her home, residence or place of business without a license. W. Va. Code § 61-7-6(1). A person may also possess a firearm while lawfully hunting or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business. Id.

West Virginia generally prohibits any person from possessing a loaded firearm or a firearm containing a magazine from which all of the shells or cartridges have not been removed, while in or on any vehicle or conveyance. Section 20-2-5(9).

Any member of a properly organized target-shooting club authorized by law to obtain firearms for the purpose of target practice may carry any unloaded pistol for use in target practice from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business. Section 61-7-6(2).

Concealed Weapons Licensing Requirements

West Virginia is a “shall issue” state, meaning that local law enforcement must issue a concealed deadly weapon license if the applicant meets certain qualifications. Any person wishing to obtain a concealed deadly weapon license must apply to the sheriff of his or her county pursuant to W. Va. Code § 61-7-4, and shall be issued a license if the applicant:

• Is a bona fide resident of the county in which the application is made and has valid state-issued photo identification showing such residence;

• Is 21 years of age or older (or is 18 years of age or older if he or she is required to carry a concealed weapon as a condition of employment);

• Is not addicted to alcohol or a controlled substance or drug, and is not “an unlawful user thereof;”

• Has not been convicted of a felony or an act of violence involving the misuse of a deadly weapon;

• Has not been convicted of a misdemeanor offense of assault or battery under section 61-2-28 or section 61-2-9(b) or (c) (or has not been convicted of a misdemeanor offense with similar essential elements of these crimes in another jurisdiction outside West Virginia) in which the victim was a: 1) current or former spouse; 2) current or former sexual or intimate partner; 3) person with whom the defendant has a child in common; 4) person with whom the defendant cohabits or has cohabited; 5) a parent or guardian; 6) defendant’s child or ward; or 7) member of the defendant’s household at the time of the offense;

• Is not under indictment for a felony offense or is not currently serving a sentence of confinement, parole, probation or other court-ordered supervision imposed by a court of any jurisdiction, or is the subject of an emergency or temporary domestic violence protective order, or is the subject of a final domestic violence protective order entered by a court of any jurisdiction;

• Is physically and mentally competent to carry such weapons;

• Has not been adjudicated mentally incompetent; and

• Has completed a training course in the handling and firing of a handgun, such as one listed under section 61-7-4(d).

Concealed weapons permits may only be issued for pistols or revolvers. Section 61-7-4(a). The application fee is $75. Section 61-7-4(a). In addition, before any approved license may be issued or become effective, the licensee must pay to the issuing sheriff a $15 fee, to be forwarded to the Superintendent of the West Virginia State Police ("Superintendent"). Section 61-7-4(g).

Additional application and background check requirements are detailed under section 61-7-4. License revocation information is outlined in section 61-7-5.

Any person who carries a concealed deadly weapon without a state license or other authorization provided by statute is criminally liable for a misdemeanor. Section 61-7-3.

          Disclosure or Use of Information

The issuing sheriff is required to furnish the Superintendent with a certified copy of any approved license applications and, when requested, a certified list of all licenses issued in the county. Section 61-7-4(m). The Superintendent shall maintain a registry of all persons who have been issued concealed weapons licenses. Id.

          Duration & Renewal

A West Virginia concealed deadly weapons license is valid for five years. Section 61-7-4(g). Renewal applicants are not required to complete a training course in the handling and firing of a handgun if the applicant previously completed such a course. Section 61-7-4(a)(10).

          Location Limits

Subject to limited exceptions, persons licensed to carry a concealed deadly weapon may not possess any firearm or other deadly weapon on any school bus “or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function.” Section 61-7-11a(b)(1).

No person may possess any firearm or any other deadly weapon on any site that houses a court of law or in the offices of a family law master.  Section 61-7-11a(g)(1), (h)(1).

Any owner, lessee or other person charged with the care, custody and control of real property may prohibit the carrying, openly or concealed, of any firearm or deadly weapon on property under his or her domain. Section 61-7-14. Any firearms possessor who refuses to temporarily relinquish possession of his or her firearm on such premises or who refuses to leave such premises, after being requested to do so, is criminally liable for a misdemeanor. Id.

          Reciprocity

West Virginia exempts from its prohibition against carrying concealed deadly weapons without a license residents of other states who have been issued licenses to carry concealed weapons where that state has entered into a reciprocity agreement with West Virginia. The Governor of West Virginia has the authority to execute reciprocity agreements with states or political subdivisions that have similar gun permitting laws and that recognize and honor West Virginia licenses issued pursuant to Section 61-7-4. Section 61-7-6(7).

          Brady Exemption

Concealed weapons permit holders in West Virginia are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

West Virginia has no statute directly penalizing providing access to a firearm to a child. However, West Virginia obligates any parent, guardian or custodian of a child less than 18 years of age, who knows that the child is in possession of a firearm or any other deadly weapon in or on any property of a public or private primary or secondary education institution in violation of W. Va. Code § 61-7-11a(b)(1), or who has reasonable cause to believe that such a violation is imminent, to immediately report knowledge or belief of the possession violation to the appropriate school or law-enforcement officials. Section 61-7-11a(f)(1).

West Virginia does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the West Virginia Private/Secondary Sales section for further information.

West Virginia prohibits any person from publicly displaying or offering for sale or rent any firearm or ammunition where a passerby on a street, road or alley can see it. W. Va. Code § 61-7-10(a)(1). In addition, no person may knowingly sell, rent, give or lend any deadly weapon to a prohibited purchaser. Section 61-7-10(b)(1).

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the West Virginia Background Checks section.

No relevant statutes currently exist.

West Virginia Code § 55-18-1 provides:

The Legislature hereby finds and declares:

(a) The lawful design, marketing, manufacture or sale of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se;

(b) To the extent the Constitution of this state and the United States protect citizens' rights to keep and bear arms, the Legislature finds and declares that it is within the strict prerogative of its own authority, and not the authority of any county or municipality, to determine whether any manufacturer, dealer or seller of firearms has engaged in any act or omission that would create a cognizable action for damages, injunction or otherwise.

Section 55-18-2 provides that:

The authority to bring suit and the right to recover against any firearms or ammunition manufacturer, seller, trade association or dealer of firearms by or on behalf of any county or municipality in this state for damages, abatement or injunctive relief resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition to the public is reserved exclusively to the state: Provided, That nothing contained in this article may prohibit a county or municipality from bringing an action for breach of contract or warranty as to firearms or ammunition purchased by the county or municipality.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

West Virginia does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Campaign to Prevent Gun Violence), West Virginia’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-6-101—46A-6-110.  For details, view the Center’s report, "Targeting Safety."

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Any person under age 18, who is not married or otherwise emancipated, may not possess any deadly weapon (defined by W. Va. Code § 61-7-2(9) to include, but not be limited to, any pistol or revolver). Section 61-7-8. However, under certain circumstances, it is permissible for a person under age 18 to carry a deadly weapon, including a concealable firearm, when the weapon is possessed on private property with the permission of the person's parent or guardian and of the owner of the property, or when the possession is pursuant to lawful hunting, or when traveling between sites where the person may lawfully possess such a weapon. Id.

An applicant for a concealed deadly weapons permit must be 21 years of age or older (or 18 years of age or older if he or she is required to carry a concealed weapon as a condition of employment). Section 61-7-4(a)(3).

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in West Virginia, although federal and state purchaser prohibitions still apply. See the West Virginia Background Checks section.

West Virginia prohibits any person from publicly displaying or offering for sale or rent any firearm or ammunition where a passerby on a street, road or alley can see it. W. Va. Code § 61-7-10(a)(1). In addition, no person may knowingly sell, rent, give or lend any deadly weapon to a prohibited purchaser. Section 61-7-10(b)(1).

Moreover, any person who gives or sells to any patient legally committed to a state hospital, whether on the hospital premises or elsewhere, any firearm, is criminally liable for a misdemeanor. Section 27-12-3.

Finally, any person who gives or sells, or aids or abets any other person to give or sell, to any young person in a state youth correctional facility, whether on the premises of such institution or otherwise, any firearm, is criminally liable for a misdemeanor. Section 28-1-8.

No relevant statutes currently exist.

No relevant statutes currently exist.