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West Virginia Concealed Carry Laws |
West Virginia is a shall-issue state with concealed weapons licenses issued at the county level by the sheriff’s office.
There is no permit, background check, waiting period, or firearms registration required when buying a handgun from a private individual in West Virginia.
West Virginia is a permitless carry state. Open carry is legal without a license, provided the person is at least 18 years old and legally entitled to possess a firearm under state and federal law. Some areas, including schools and courthouses, are off-limits.
To concealed carry without a license, a person must be a U.S. citizen or legal resident of the U.S., at least 21 years old, and legally entitled to possess a firearm under state and federal law. Individuals aged 18 to 20 require a Provisional Concealed Handgun License (CHL) to concealed carry. West Virginia CHLs are issued to residents and military members permanently posted in West Virginia. As of July 6, 2021, the state issues permits to non-residents. CHLs require a firearms training course in handling and firing a handgun. West Virginia honors all out-of-state concealed carry permits.
A person not engaged in unlawful activity who is attacked in any place they have a legal right to be may use reasonable and proportionate force against an intruder or attacker, provided the person reasonably believes that they or another person is in imminent danger of death or serious bodily harm, which can only be prevented by using deadly force against the intruder or attacker.
West Virginia is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat in any place a person has a legal right to be if they reasonably believe that they or another person is in imminent danger of death or serious bodily harm.
A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder’s or attacker’s unlawful entry. This is applicable if the occupant reasonably believes that the intruder or attacker may inflict serious bodily harm upon the occupant or others in the home or residence, or if the occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and that deadly force is necessary.
A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker.
The justified use of reasonable and proportionate force under this section constitutes a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.
Question: Does West Virginia Have Magazine Capacity Restrictions for Handguns?
Answer: No. West Virginia does not have magazine capacity restrictions.
Question: Does West Virginia Allow Permitless Carry?
Answer: Yes. West Virginia allows permitless carry.
Question: Does West Virginia Have Ammunition Restrictions?
Answer: No. West Virginia does not have ammunition restrictions.
Question: Is Open Carry Permitted in West Virginia?
Answer: Yes, without a license. Any person who is at least 18 years old and legally entitled to carry a firearm can open carry.
Question: If West Virginia Requires a License to Carry a Concealed Firearm, How Are Those Licenses Issued?
Answer: West Virginia is a shall-issue state.
Question: What Is the Minimum Age in West Virginia to Get a Concealed Carry License?
Answer: An individual at least 18 years old can apply for a Provisional License. Regular licenses require the applicant to be at least 21 years old.
Question: Can You Concealed Carry Weapons Other Than Handguns in West Virginia With a Concealed Carry License (or Under Permitless Carry if Applicable)?
Answer: No. A concealed carry license in West Virginia does not allow you to carry weapons other than handguns.
Question: Is It Legal to Own a Taser or Stun Gun in West Virginia?
Answer: Yes. Stun guns and Tasers are legal to purchase without a license.
Question: Is It Legal to Buy or Use Chemical Spray/Pepper Spray in West Virginia?
Answer: Yes. There is no statute prohibiting the purchase or use of pepper spray in West Virginia.
Question: Can You Carry a Concealed Handgun in a Vehicle in West Virginia?
Answer: Yes, without a license for persons at least 21 years old (18 years old for members of the United States Armed Forces, Reserve, or National Guard) and legally entitled to have a firearm under state and federal law. On March 9, 2022, Gov. Jim Justice signed HB 4048 into law, which permits individuals to lawfully possess loaded or uncased long guns in their vehicles. This went into effect on May 24, 2022.
Question: Can You Carry a Concealed Firearm at Roadside Rest Areas in West Virginia?
Answer: Yes. Concealed carry at roadside rest areas in West Virginia is allowed.
Question: Can You Carry a Concealed Firearm in State/National Parks, State/National Forests, and Wildlife Management Areas in West Virginia?
Answer: Yes, without a license.
Question: Can You Carry a Concealed Firearm in Bars and Restaurants That Serve Alcohol in West Virginia?
Answer: Yes, there is no statute making it illegal to concealed carry unless posted.
Question: Can You Carry or Possess a Firearm on Hotel Property in West Virginia?
Answer: West Virginia statutes don't specifically address firearms at hotels. Each hotel develops its own policies, and the individual hotel should be contacted to inquire about its concealed carry policy.
Question: Does West Virginia Have Laws Relating to Storing Firearms in Private Vehicles in an Employee Parking Lot?
Answer: No 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:
- Lawfully possessed;
- Out of view;
- Locked inside or to a motor vehicle in a parking lot; and
- When the customer, employee, or invitee is lawfully allowed to be present in that area.
No employer may condition employment upon either the fact that a prospective employee holds a concealed carry license or an agreement with a prospective employee prohibiting that 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.
Question: Does West Virginia Issue Concealed Carry Licenses to Non-Residents?
Answer: Yes, As of July 6, 2021.
Question: Do You Have a Duty to Inform a Police Officer That You're Carrying a Concealed Firearm in West Virginia?
Answer: There Is No Duty to Inform a Law Enforcement Officer That You're Carrying a Concealed Firearm in West Virginia.
Question: Is My West Virginia Driver’s License Linked to My West Virginia Carry License?
Answer: No. Your West Virginia Driver’s License Is Not Linked to Your West Virginia Concealed Handgun License (CHL). Therefore, a Law Enforcement Officer (LEO) Will Not Be Notified That You Are a Concealed Carry License Holder Immediately When They Run Your Driver’s License. However, WV State Police Have a CHL Database and They Can Access Your Information There.
Question: Does West Virginia Allow the Public to Access Concealed Carry Registry Information Through Public Records Law?
Answer: The Issuing Sheriff Is Required to Furnish the Superintendent of the West Virginia State Police With a Certified Copy of Any Approved License Applications and, When Requested, a Certified List of All Licenses Issued in the County. The Superintendent Shall Maintain a Registry of All Persons Who Have Been Issued Concealed Weapons Licenses.
Question: Are "No Weapons Allowed" Signs Enforced in West Virginia? If Yes, Violating the Sign Would Be Considered to Be a Crime. If No, Violating the Sign Would Not Be Considered a Criminal Offense.
Answer: No. West Virginia Does Not Enforce "No Weapons Allowed" Signs.
Question: Does West Virginia Have Preemption Laws Related to Concealed Carry (i.e. Does State Law Supersede Local Laws Regarding the Possession of Handguns)?
Answer: Yes, the State Has Preemption of Firearms Laws in West Virginia, Except Municipalities May Regulate the:
- Carry or Possession of a Firearm in Municipal Buildings;
- Carry or Possession of a Deadly Weapon, Firearm, or Pepper Spray Openly or That Is Not Lawfully Concealed in Municipal Recreational Facilities: Provided 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; and
- Carry or Possession of Deadly Weapon, Firearm, or Pepper Spray on Municipally Owned or Operated Buildings and Municipally Owned Recreation Facilities Only by Individuals Without Concealed Carry Licenses.
Municipalities Must Provide Signage for Any Areas With Restrictions. In Addition, 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.
Municipalities May Not 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.
As of June 24, 2020, State Preemption Has Been Extended.
(a) No Municipality May Limit the Right of Any Person to Purchase, Possess, Transfer, Own, Carry, Transport, Sell, or Store Any Deadly Weapon, Firearm, Pepper Spray, Ammunition, or Ammunition Components So as to Directly or Indirectly Prohibit the Ownership of the Ammunition in Any Manner Inconsistent With or in Conflict With State Law.
Question: Does West Virginia Have a Red Flag Law?
Answer: No. West Virginia Does Not Have a Red Flag Law.
Question: Does West Virginia State Law Define Brandishing?
Answer: Yes. It Shall Be Unlawful for Any Person Armed With a Firearm or Other Deadly Weapon, Whether Licensed to Carry the Same or Not, to Carry, Brandish, or Use Such Weapon in a Way or Manner to Cause, or Threaten, a Breach of the Peace.
Question: Does West Virginia Have Laws Regarding Carrying a Concealed Firearm While Using Alcohol or Drugs?
Answer: Not Addressed in State Statutes. As a Responsibly Armed American, Regardless of the Laws in Your State, It Is Unwise to Carry While Under the Influence of Any Substance That Could Impair Your Judgement, Slow Your Reaction Times, or Impact Your Decision-Making Abilities. Any Decision You Make While Carrying a Firearm Could Have Life-Altering Consequences.
Question: Are background checks required for private gun sales in West Virginia?
Answer: No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.
Question: What is the minimum age to possess and transport a handgun in West Virginia?
Answer: The minimum age to possess and transport a handgun in West Virginia is 18.
Question: Can I possess/carry a handgun in my home without a license?
Answer: Yes. Permitless carry is allowed for anyone legally entitled to carry a firearm in West Virginia.
Question: Is a permit required to purchase a handgun in West Virginia?
Answer: No. A permit is not required to purchase a handgun in West Virginia.
Question: Does my current West Virginia concealed carry license exempt me from needing a background check when I purchase a firearm?
Answer: Yes.
Question: Is there a waiting period after purchasing a handgun in West Virginia?
Answer: No. West Virginia does not have a waiting period for handgun purchases.
Question: Do handguns need to be registered in West Virginia?
Answer: No. Handguns do not need to be registered in West Virginia
Alabama (permitless carry, at least 21 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 21 years old)
California (permitless carry, at least 21 years old)
Colorado (permitless carry, at least 21 years old)
Connecticut (permitless carry, at least 21 years old)
Delaware (permitless carry, at least 21 years old)
District of Columbia (permitless carry, at least 21 years old)
Florida (permitless carry, at least 21 years old)
Georgia (permitless carry, at least 21 years old)
Hawaii (permitless carry, at least 21 years old)
Idaho (permitless carry, at least 21 years old)
Illinois (permitless carry, at least 21 years old)
Indiana (permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Maryland (permitless carry, at least 21 years old)
Massachusetts (permitless carry, at least 21 years old)
Michigan (permitless carry, at least 21 years old)
Minnesota (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 21 years old)
Montana (permitless carry, at least 21 years old)
Nebraska (permitless carry, at least 21 years old)
Nevada (permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 21 years old)
New Jersey (permitless carry, at least 21 years old)
New Mexico (permitless carry, at least 21 years old)
New York (permitless carry, at least 21 years old)
New York City (permitless carry, at least 21 years old)
North Carolina (permitless carry, at least 21 years old)
North Dakota (permitless carry, at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
Oregon (permitless carry, at least 21 years old)
Pennsylvania (permitless carry, at least 21 years old)
Puerto Rico (permitless carry, at least 21 years old)
Rhode Island (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 21 years old)
South Dakota (permitless carry, at least 21 years old)
Tennessee (permitless carry, at least 21 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 21 years old)
Virginia (permitless carry, at least 21 years old)
Washington (permitless carry, at least 21 years old)
Wisconsin (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Delaware
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
Nevada
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Colorado (at least 21 years old and resident permits only)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Minnesota (At least 21 years old, regular permit only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
New Mexico (at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
Pennsylvania (at least 21 years old, resident permits only)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Virginia (at least 21 years old)
Wisconsin (at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Louisiana (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
Wyoming (permitless carry, at least 21 years old)
What are the requirements to obtain a concealed carry license in West Virginia?
An applicant must:
- Be 21 years of age or older (individuals between the ages of 18 and 20 may apply for a provisional license to carry).
- Have completed a training course in the handling and firing of a handgun that meets the requirements of state law.
- Be a bona fide United States citizen or legal resident.
- Not be addicted to alcohol or a controlled substance or drug, and not be an unlawful user thereof, as evidenced by either of the following within the 3 years immediately prior to the application: residential or court-ordered treatment for alcoholism or alcohol detoxification or drug treatment; or two or more convictions for driving while under the influence or driving while impaired.
- Not have been convicted of a felony, unless the conviction has been expunged or set aside or the applicant’s civil rights have been restored or the applicant has been pardoned for the offense.
- Not have been convicted of a misdemeanor crime of domestic violence, as defined under federal law.
- Not have been convicted of a misdemeanor crime of violence within the 5 years immediately preceding the application.
- Not have been convicted of a misdemeanor offense of assault or battery under any state law against a current or former spouse, intimate partner, person with whom the defendant cohabited, a parent or guardian, child, or member of the household.
- Not be under indictment for a felony offense or currently serving a sentence of confinement, parole, probation, or other court-ordered supervision imposed by a court of any jurisdiction, or be the subject of an emergency or temporary domestic violence protective order, or a final domestic violence protective order entered by a court of any jurisdiction.
- Not have been adjudicated mentally incompetent or involuntarily committed to a mental institution unless the person presents a court order reflecting that the person is no longer under the disability and the applicant’s right to possess or receive a firearm has been restored.
- Not be otherwise prohibited from possessing or receiving a firearm by state law.
- Meet federal law requirements.
Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of West Virginia.
What should I do if my concealed carry license is lost or stolen?
You may obtain a duplicate or substitute license for a fee of $5 by filing a notarized statement with the issuing sheriff indicating that your license has been lost or destroyed.
What happens if I move to or from West Virginia?
- Moving to West Virginia: West Virginia issues licenses to residents and members of the military permanently posted in WV only. You can apply for your license to the sheriff of your county once you have established your residence in that county.
- Moving from West Virginia: If a person with a West Virginia concealed handgun license establishes residency in another state, the license expires upon the establishment of residence in the other state.
What are the fees associated with obtaining a concealed carry license in West Virginia?
- Initial License & Renewals: $25 plus a $25 background fee.
- Non-resident permits: $100 plus a $25 background fee (as of July 6, 2021).
- Provisional License: $15 plus a $25 background fee.
- Honorably retired officers and honorably discharged veterans of the armed forces of the United States are exempt from payment of fees except for the background check fee.
How long is a West Virginia concealed carry license valid?
A West Virginia concealed carry license is valid for 5 years.
How long does it take to process a concealed carry license application in West Virginia?
The processing time for a concealed carry license application in West Virginia is 45 days.
Where can I find the application forms for a concealed carry license in West Virginia?
Can non-residents obtain a concealed carry license in West Virginia?
As of July 6, 2021, the state issues licenses to non-residents. The process is the same as for residents.
What should I do if I change my name or address?
You must complete the Change Notification Form within 20 days, have it notarized, and submit it to your local Sheriff's office. There is a $5 fee for processing this change.
It is legal to own and openly carry any type of knife in West Virginia. It is legal to concealed carry a dirk dagger, poniard, stiletto with a blade more than 3.5 inches long, switchblade, gravity knife, butterfly knife, or any instrument capable of inflicting cutting, stabbing, or tearing wounds, as long as you are not prohibited from carrying a firearm, are a U.S. citizen, and are older than 21 years of age. Any knife, including a pocketknife with a blade 3.5 inches or less, is prohibited on school property and in court facilities. Municipalities may have additional restrictions, including Charleston where the possession of switchblades is illegal, and dirks and Bowie knives are not permitted in City Hall or other city-owned properties.
I can legally carry a concealed firearm in West Virginia, but can I wear a COVID-19 protective mask while carrying concealed?
One statute was identified making it illegal to wear a mask with intent to conceal one’s identity, although there are exceptions during emergencies. The Governor’s legal counsel made it clear people can still carry their guns while adhering to the mask mandate during the pandemic.
Can you concealed carry while shotgun/rifle hunting in West Virginia?
Yes. Individuals who possess a valid concealed carry license may carry a concealed handgun while afield hunting, hiking, camping, fishing, or in or on a motor vehicle for purposes of self-defense only.
Can you concealed carry while bow hunting in West Virginia?
Yes. Individuals who possess a valid concealed carry license may carry a concealed handgun while archery hunting.
Is there a Hunter Harassment Law in West Virginia?
Yes. A person may not willfully obstruct or impede the participation of any individual in the lawful activity of hunting, fishing, or trapping.