West Virginia CHL Guide

West Virginia Concealed Handgun Licenses: What They Are and Why People Still Get One

West Virginia does not require a license to carry a concealed deadly weapon. Under W. Va. Code § 61-7-7(c), any person may carry a concealed deadly weapon without a license who is (1) at least 18 years of age, (2) a United States citizen or legal resident, (3) not prohibited from possessing a firearm under § 61-7-7, and (4) not prohibited from possessing a firearm under 18 U.S.C. § 922(g) or (n). The Attorney General's current concealed handgun license booklet dates that rule to June 12, 2026, the effective date of HB 4106, and reports that the same bill repealed W. Va. Code § 61-7-3, which had made concealed carry by a person under 21 without a provisional license a crime. § 61-7-3 as published by the Legislature now reads "[Repealed.]"

The state still issues two optional licenses, and both do work that permitless carry does not.

The two licenses

Both come from the county sheriff, and both may be issued only for pistols and revolvers.

• The regular license, W. Va. Code § 61-7-4. A West Virginia resident applies to the sheriff of his or her county and pays $50 at application. A resident or citizen of another state applies to the sheriff of any county in this state and pays $100 (§ 61-7-4(a)). A newly issued or renewed license is valid for five years from the licensee's most recent birthday, subject to revocation for cause (§ 61-7-4(h)).
• The provisional license, W. Va. Code § 61-7-4a. For a person at least 18 and less than 21. The applicant pays $15 at application and a second $15 before any approved license is issued or is effective (§ 61-7-4a(a), (g)). It is valid until the licensee turns 21, unless sooner revoked.

Both are statewide. Each authorizes the holder to carry a concealed pistol or revolver "on the lands or waters of this state," except as restricted by article 7 or otherwise prohibited by law (§ 61-7-4(t), § 61-7-4a(q)).

Both are shall-issue: the sheriff shall issue unless the application is incomplete, contains materially false or incorrect statements, or the applicant does not meet the section's requirements (§ 61-7-4(g), § 61-7-4a(f)), and a denial gets written reasons plus a 30-day window to petition the circuit court (§ 61-7-4(k), § 61-7-4a(j)). See APPLICATION_PROCESS for the timeline and paperwork, and FEES_COSTS for the fee schedule.

Regular license eligibility, term by term

W. Va. Code § 61-7-4(b) says the application "sets forth only the following licensing requirements." In order, you must show that you:

• Are, on the date the application is made, a bona fide United States citizen or legal resident, and either a resident of this state and of the county in which the application is made, or a resident of another state in the United States who has a valid driver's license or other state-issued or federally issued photo identification showing the residence (§ 61-7-4(b)(2)). Read as written, the photo-identification term attaches to the out-of-state branch.
• Are 21 years of age or older (§ 61-7-4(b)(3)).
• Are not addicted to alcohol, a controlled substance, or a drug and are not an unlawful user, as evidenced within the three years immediately prior to the application by residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment, or by two or more convictions for driving while under the influence or driving while impaired (§ 61-7-4(b)(4)).
• Have not been convicted of a felony, unless the conviction was expunged or set aside, your civil rights were restored, or you were unconditionally pardoned (§ 61-7-4(b)(5)).
• Have not been convicted of a misdemeanor crime of violence, other than an offense described in the next item, in the five years immediately preceding the application (§ 61-7-4(b)(6)).
• Have not been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33), or a misdemeanor assault or battery under W. Va. Code § 61-2-28 or § 61-2-9(b) or § 61-2-9(c) in which the victim was one of the listed domestic relations, or a misdemeanor offense with similar essential elements in another jurisdiction (§ 61-7-4(b)(7)). This one carries no five-year cutoff.
• Are not under indictment for a felony, are not currently serving a sentence of confinement, parole, probation, or other court-ordered supervision imposed by a court of any jurisdiction, are not the subject of an emergency or temporary domestic violence protective order, and are not the subject of a final domestic violence protective order entered by a court of any jurisdiction (§ 61-7-4(b)(8)). On its face the subdivision negates only the first two clauses. A final protective order is independently disqualifying where it carries the hearing, restraint, and threat findings § 61-7-7(a)(7) requires, because § 61-7-4(b)(10) imports § 61-7-7 into eligibility.
• Have not been adjudicated mentally incompetent or involuntarily committed to a mental institution. If you have, you must provide a court order showing you are no longer under the disability and your right to possess or receive a firearm has been restored (§ 61-7-4(b)(9)).
• Are not prohibited under W. Va. Code § 61-7-7 or federal law, including 18 U.S.C. § 922(g) or (n), from receiving, possessing, or transporting a firearm (§ 61-7-4(b)(10)).
• Have qualified under the minimum training requirements in § 61-7-4(e), which is waived for a renewal applicant who has previously qualified (§ 61-7-4(b)(11)).

Training is an eligibility term, not a step you can defer. The course must include actual live firing of ammunition by the applicant, and the statute lists four course families that satisfy it (§ 61-7-4(e)). The eligibility term above is the requirement itself, and APPLICATION_PROCESS covers the proof of completion you file with the application.

The remaining two items are not eligibility tests: § 61-7-4(b)(1) collects identifying information and any basis for an exception to 18 U.S.C. § 922(g)(5)(B), and (b)(12) authorizes the sheriff to investigate. Falsifying any portion of the notarized application is false swearing under W. Va. Code § 61-5-2, a misdemeanor punished by a fine of not more than $1,000 and, in the court's discretion, jail for not more than one year (§ 61-5-3), and a conviction also bars the person forever from holding any office of honor, trust, or profit in this state or from serving as a juror.

The provisional license, ages 18 to 20

The provisional requirements track the regular ones, with three differences that matter.

Residency is narrower. The applicant must be a bona fide resident of this state and of the county in which the application is made, and must have a valid driver's license or other state-issued photo identification showing the residence (§ 61-7-4a(a)(2)). There is no nonresident provisional license.

Training carries no renewal waiver. Section 61-7-4a(a)(11) requires qualification under § 61-7-4a(d), and no waiver proviso appears there, which fits a license that expires at 21 rather than renewing.

The statute puts the license's purpose and limit on the card itself. Section 61-7-4a(h) requires the provisional card to be readily distinguishable from a § 61-7-4 license and to state: "NOT NICS EXEMPT. This license confers the same rights and privileges to carry a concealed pistol or revolver on the lands or waters of this state as a license issued pursuant to §61-7-4 of this code, except that this license does not satisfy the requirements of 18 U. S. C. §922(t)(3). A NICS check must be performed prior to purchase of a firearm from a federally licensed firearm dealer."

Why hold a license when carry is free

• Travel. Recognition by other states runs to the license. The Attorney General is directed to seek recognition of West Virginia licenses and to execute reciprocity agreements, and the State Police publish the list of recognizing states (§ 61-7-6a(d), (g)). The Attorney General's booklet warns that some states recognize regular licenses but not provisional ones, and it tells travelers to comply with the destination state's own firearm laws. See RECIPROCITY.
• Buying a firearm. 18 U.S.C. § 922(t)(3)(A) excuses the point-of-sale check where the buyer presents a state permit that allows possession or acquisition, was issued not more than five years earlier by the state where the transfer occurs, and issues only after an authorized government official verifies eligibility. The booklet states that West Virginia licenses issued on or after June 4, 2014 qualify as an alternative to a NICS check, and that provisional licenses do not.
• Public college and university campuses. A holder of 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, subject to the exceptions in § 18B-4-5b(b). Subsection (a) reaches only areas under the institution's custodial possession, not areas rented, leased, or under an exclusive agreement for the full-time occupancy and use of a private entity. For that section the license may be one issued under § 61-7-4 or § 61-7-4a, or one recognized under § 61-7-6a (§ 18B-4-5b(i)). Permitless carry does not reach these campuses.
• School parking lots. The felony school-weapons ban does not apply to a person 21 years old or older with a valid concealed handgun permit who keeps the concealed handgun in a motor vehicle in a parking lot, traffic circle, or other area of vehicular ingress or egress to a public school, on the out-of-view and locked-storage conditions § 61-7-11a(b)(2)(L) sets. Provisional holders are under 21 and fall outside it.
• Municipal property. On municipally owned or operated property other than municipally owned or operated buildings and municipally owned recreation facilities, a municipality may prohibit persons who do not have a valid concealed handgun license from carrying or possessing a firearm (§ 8-12-5a(c)(4)). And a municipality regulating a municipally owned recreation facility may not prohibit a licensee from carrying an otherwise lawfully possessed firearm in and securely storing it out of view and access to others during their time there (§ 8-12-5a(c)(2)).
• Employment. No employer may condition employment on whether an employee or prospective employee holds or does not hold a license issued under § 61-7-4 or § 61-7-4a, so the protection runs both ways (§ 61-7-14(d)(4)).

Federal school-zone law turns on a similar verification idea. 18 U.S.C. § 922(q)(2)(B)(ii) exempts possession by an individual licensed by the state in which the school zone is located, where state law requires law enforcement authorities to verify the individual is qualified before the license issues. West Virginia licenses issue only after the sheriff verifies eligibility through the National Instant Criminal Background Check System (§ 61-7-4(c), § 61-7-4a(b)). How that exemption applies in a given case is a question for counsel, and the state restrictions below apply either way.

What neither license does

• Neither authorizes concealed carry of anything but a pistol or revolver (§ 61-7-4(a), § 61-7-4a(a)).
• Neither lifts the place restrictions in article 7. Outside the listed exceptions, possessing a firearm or other deadly weapon on a school bus, in or on the grounds of a primary or secondary educational facility (unless a private school has adopted a written policy allowing it), or at a covered school-sponsored function is a felony punished by two to ten years in a state correctional facility, a fine of not more than $5,000, or both (§ 61-7-11a(b)). PROHIBITED_PLACES covers the place restrictions.
• Neither cures a prohibition. A license does not authorize carry by anyone barred under § 61-7-7 or 18 U.S.C. § 922(g) or (n).
• Neither changes self-defense law. Nothing in article 7 abrogates or modifies statutory provisions and common law decisions on defense of self or others (§ 61-7-17). USE_OF_FORCE covers that body of law.

Disqualifiers behind the license

W. Va. Code § 61-7-7(a) bars firearm possession by a person convicted of a crime punishable by imprisonment for a term exceeding one year, habitually addicted to alcohol, an unlawful user of or habitually addicted to a controlled substance, adjudicated mentally incompetent or involuntarily committed under § 27-1-1 et seq. or similar law, an alien illegally or unlawfully in the United States, discharged from the armed forces under dishonorable conditions, subject to a qualifying domestic violence protective order, or carrying a qualifying domestic misdemeanor assault or battery conviction. Violation is a misdemeanor punished by a fine of $100 to $1,000, county jail for 90 days to one year, or both, and carrying concealed while so barred is a separate felony punished by not more than three years in a state correctional facility, a fine of not more than $5,000, or both (§ 61-7-7(d)).

Section 61-7-7(b) reaches a person convicted of a felony crime of violence against the person of another, a felony sexual offense, or a felony controlled substance offense involving a Schedule I substance other than marijuana or a Schedule II or III substance. Possession there is a felony punished by not more than five years or a fine of not more than $5,000, or both, and carrying concealed while so barred is a felony punished by not more than ten years, a fine of not more than $10,000, or both (§ 61-7-7(e)).

Mental-health disqualification runs through article 7A. A person barred solely by a prior adjudication as mentally defective or an involuntary commitment under § 27-5-4(l) may petition the circuit court of the county of residence for relief, supported by treatment history, a records release, and a verified certificate of mental health examination completed within 30 days before filing. The court may restore possession on clear and convincing evidence that the person is competent, capable of exercising the responsibilities concomitant with possessing a firearm, not likely to act dangerously to public safety, and that relief is not contrary to the public interest (§ 61-7A-5).

Revocation

A license is deemed revoked when the licensee becomes unable to meet the criteria for initial licensure set out in § 61-7-4, and the licensee must immediately surrender it to the issuing sheriff on becoming ineligible for continued licensure (§ 61-7-5). Separately, the sheriff shall deny any application or revoke any existing license upon determining that any of the licensing application requirements have been violated by the licensee (§ 61-7-4(o), § 61-7-4a(n)).

Fee exemptions

Two provisions waive fees, and neither waives anything else.

Under § 61-7-4(q), 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 an agency governed by any of § 7-14-1 et seq., § 8-14-1 et seq., § 15-2-1 et seq., and § 20-7-1 et seq., is exempt from the fees and costs otherwise required by that section on a resident license application. All other application and background check requirements still apply.

W. Va. Code § 61-7-6 is now titled "Exemptions from licensing fees." It exempts eight categories of judicial officers, prosecutors, and duly appointed prosecutor's investigators from any application or licensure fees required under article 7. They "shall make application and satisfy all licensure and handgun safety and training requirements to obtain a license as set forth in §61-7-4 of this code."

Two cautions on § 61-7-6. The Attorney General's booklet describes it in one answer as setting out "additional exemptions from the state's licensing requirements," while the statute text printed in that same booklet, and the section as published by the Legislature, cover only fees. And § 61-7-14(c) still cross-references subsections (a) and (b) of § 61-7-6 that the current flat list of eight does not have. Read § 61-7-6 as it stands. See FEES_COSTS.

Constitutional Carry in West Virginia

The bottom line: 18 and older, no license needed

West Virginia lets you carry a concealed deadly weapon without any state license once you turn 18, as long as you are a United States citizen or legal resident and you are not prohibited from possessing a firearm under W. Va. Code § 61-7-7 or under 18 U.S.C. § 922(g) or (n). That age floor moved from 21 to 18 on June 12, 2026, the effective date of HB 4106. The Attorney General's On the Mark guide states the rule in the same terms: "any person who is (1) at least 18 years of age, (2) a United States citizen or legal resident, and (3) not prohibited by state or federal law from possessing a firearm may carry a concealed handgun in West Virginia without a license."

Two things changed together.

1. W. Va. Code § 61-7-7(c) is the affirmative authorization. It now reads that any person may carry a concealed deadly weapon without a license who is "(1) At least 18 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)." The rewritten section heading is itself rendered two ways. The legislature's portal gives the "right of nonprohibited persons over 18 years of age to carry concealed deadly weapons"; the Attorney General's reproduction reads "18 years of age or older." The operative subdivision governs, and it says "At least 18 years of age."
2. W. Va. Code § 61-7-3 is repealed. That statute was the crime of carrying a concealed deadly weapon without a provisional license by a person under 21. The legislature's own portal now shows the section as "[Repealed.]", and the Attorney General's guide records it as "[Repealed by HB 4106, effective June 12, 2026]."

There is no longer a West Virginia offense for a qualifying adult who carries concealed without a license, at any age from 18 up. The remaining criminal exposure comes from being a prohibited person, from where you carry, from how you carry, and from being under 18.

The Attorney General's guide also states that "West Virginia allows permitless open carrying of firearms." See OPEN_CARRY.

Where the right comes from

West Virginia Constitution, Article III, Section 22 provides that "A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use." That provision was ratified in 1986. Permitless carry itself is statutory, not constitutional, so the operative text is § 61-7-7(c).

West Virginia adopted permitless concealed carry for adults 21 and over before extending it to 18. The July 2024 edition of the On the Mark guide records the older rule, which ran to persons "21 years of age or older."

The four conditions, term by term

Age 18 or older. Under W. Va. Code § 61-7-8, a person under 18 who is not married or otherwise emancipated may not possess or carry a deadly weapon, concealed or openly, with narrow provisos for the minor's own family premises, another's premises with parental and owner permission, lawful hunting, and travel to and from a hunting site. A violation puts the minor before the circuit court under the juvenile provisions at W. Va. Code § 49-4-701 through § 49-4-725, handled as if it were an adult violation of § 61-7-7(a).

United States citizen or legal resident. Section 61-7-7(c)(2) states the requirement without further definition.

Not prohibited under § 61-7-7. Subsection (a) bars firearm possession by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, is habitually addicted to alcohol, is an unlawful user of or habitually addicted to any controlled substance, has been adjudicated mentally incompetent or involuntarily committed to a mental institution, is an alien illegally or unlawfully in the United States, has been discharged from the armed forces under dishonorable conditions, is subject to a qualifying domestic violence protective order meeting the notice, restraint, and credible-threat elements in subdivision (7), or has been convicted of a qualifying misdemeanor assault or battery under § 61-2-28 or § 61-2-9(b) or (c) against a domestic victim. Subsection (b) reaches a narrower and more serious group: a felony crime of violence against the person of another, a felony sexual offense, or a felony controlled substance offense involving a Schedule I controlled substance other than marijuana, or a Schedule II or Schedule III controlled substance.

Two recovery paths exist. Under subsection (f), a person prohibited by subsection (a) may petition the circuit court where he or she resides, and the court may restore the ability to possess a firearm on clear and convincing evidence of competence and capability, provided possession would not violate federal law. A proviso routes one group elsewhere: a person prohibited under subdivision (a)(4), for mental incompetence or involuntary commitment, petitions under § 61-7A-5 instead. The subsection (f) path is expressly unavailable to persons covered by subsection (b). Under subsection (g), an expungement, a set-aside, or an unconditional pardon of the disqualifying conviction lifts the state bar.

Not prohibited under 18 U.S.C. § 922(g) or (n). The federal categories run independently of the state list. Section 922(n) makes it unlawful for a person under indictment for a crime punishable by imprisonment for a term exceeding one year to ship, transport, or receive a firearm in interstate commerce. A state-court restoration order under § 61-7-7(f) does not by itself clear a federal disability, and the statute says as much by conditioning relief on possession that "would not violate any federal law."

Carrying and buying are different questions

Turning 18 gets you the carry right. It does not get you the purchase. Under 18 U.S.C. § 922(b)(1), a licensed importer, manufacturer, dealer, or collector may not sell or deliver a handgun, or any other firearm "other than a shotgun or rifle," or ammunition for it, to anyone the licensee knows or has reasonable cause to believe is under 21. Long guns and long gun ammunition drop to 18 under the same paragraph.

What permitless carry does not cover

These limits apply to licensed and unlicensed carriers alike.

Schools and courts, under W. Va. Code § 61-7-11a. Possessing a firearm or other deadly weapon on a school bus, in or on the grounds of any primary or secondary educational facility, or at a covered school-sponsored function is a felony punishable by a definite term of not less than two nor more than 10 years, or a fine of not more than $5,000, or both. The subsection carries a list of exceptions. One is age-gated in a way that matters here: the parking-lot exception at § 61-7-11a(b)(2)(L) is available only to a person "21 years old or older, who has a valid concealed handgun permit," and only with the storage conditions the subparagraph spells out. An 18-year-old carrying on permitless status is outside it. A separate exception at § 61-7-11a(b)(2)(G) covers a person who, as otherwise permitted by the provisions of article 7, possesses an unloaded firearm or deadly weapon in a motor vehicle or leaves one in a locked motor vehicle, and that subparagraph carries no age or license condition of its own. Possessing a firearm or other deadly weapon on the premises of a court of law, including family courts, is a misdemeanor punishable by a fine of not more than $1,000, or confinement in jail for not more than one year, or both, and doing so with intent to commit a crime is a felony carrying two to 10 years, or a fine of not more than $5,000, or both.

Higher education campuses, under W. Va. Code § 18B-4-5b. 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. Subsection (i) defines that term to include a license issued under § 61-7-4 or § 61-7-4a, or a license or permit recognized under § 61-7-6a. That authorization is itself bounded. Subsection (a) reaches only areas of the campus and buildings under the custodial possession of the institution, and does not include areas rented, leased, or under an exclusive agreement for the full-time occupancy and use of a private entity. A permitless carrier is not covered. The section applies on or after July 1, 2024, and preserves institutional authority to regulate listed sensitive locations.

Private property, under W. Va. Code § 61-7-14. 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. Refusing to temporarily relinquish the weapon on request, or refusing to leave while still in possession, is a misdemeanor punishable by a fine of not more than $1,000, or confinement in jail for not more than six months, or both. Subsection (d) protects a customer, employee, or invitee who keeps a lawfully possessed firearm out of view and locked inside or locked to a motor vehicle in a parking lot.

Municipal property, under W. Va. Code § 8-12-5a. Municipalities are broadly preempted, but subsection (c) gives ground back. A municipality may prohibit or regulate carrying in municipally owned or operated buildings, may restrict open or unlawfully concealed carry in a municipally owned recreation facility, and, on other municipally owned or operated property, "may prohibit persons who do not have a valid concealed handgun license from carrying or possessing a firearm." That last clause is aimed squarely at permitless carriers. Subsection (d) makes it an absolute defense to an action for an alleged violation of an ordinance authorized by this section that the person, on request, left the premises with the firearm or, on being informed that the possession was contrary to the ordinance, temporarily relinquished it, and that but for the ordinance he or she was lawfully in possession. Subsection (e) adds a posting duty, but it runs to "each entrance to all applicable municipally owned or operated buildings or municipally owned recreation facilities," not to the other municipally owned or operated property that subdivision (c)(4) reaches.

Brandishing, under W. Va. Code § 61-7-11. It is 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 the weapon in a way or manner to cause or threaten a breach of the peace. The offense is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000, or confinement in the county jail for not less than 90 days nor more than one year, or both.

Prohibited persons who carry concealed. Section 61-7-7 grades this separately from simple possession. A person barred by subsection (a) who possesses a firearm commits a misdemeanor with a fine of not less than $100 nor more than $1,000, or 90 days to one year in county jail, or both. As a separate and additional offense under subsection (d), that person carrying a concealed firearm commits a felony punishable by not more than three years or a fine of not more than $5,000, or both. A person barred by subsection (b) who possesses a firearm commits a felony punishable by not more than five years or a fine of not more than $5,000, or both, and under subsection (e) the additional concealed-carry offense is a felony punishable by not more than 10 years or a fine of not more than $10,000, or both.

Alcohol and drugs. These reach a carrier through the prohibited-person categories at § 61-7-7(a)(2) and (a)(3): habitual addiction to alcohol, and unlawful use of or habitual addiction to any controlled substance. The deadly weapons article at chapter 61, article 7 does not spell out a separate offense for carrying while under the influence. See UNDER_INFLUENCE, and take any impairment question to the Attorney General's office.

Why a license is still worth having

The optional CHL under W. Va. Code § 61-7-4 is open to applicants 21 and older, and the provisional CHL under W. Va. Code § 61-7-4a is for residents at least 18 and under 21. Both remain in force after HB 4106.

• Travel. Permitless carry is a West Virginia rule that operates inside West Virginia. The Attorney General's guide says the law "does NOT authorize you to carry a concealed weapon in another state without a license." A West Virginia license is what other states honor. The guide also warns that some states recognize West Virginia CHLs but not provisional CHLs, so check the destination state.
• Federal school zones. The Gun-Free School Zones Act exception at 18 U.S.C. § 922(q)(2)(B)(ii) reaches a person "licensed to do so by the State in which the school zone is located," and only where state law requires law enforcement to "verify that the individual is qualified under law to receive the license" before the license issues. West Virginia's scheme does that: under § 61-7-4(c) a license "may not be issued unless the issuing sheriff has verified through the National Instant Criminal Background Check System" that nothing in the available information indicates the applicant's receipt or possession of a firearm would violate § 61-7-7 or federal law. Permitless status is not a license. See PROHIBITED_PLACES.
• Campus and municipal access. § 18B-4-5b and § 8-12-5a(c) both turn on holding a license, within the limits described above.
• Point of sale. Section 61-7-4a(h) requires the provisional card to state "NOT NICS EXEMPT" and that it "does not satisfy the requirements of 18 U. S. C. § 922(t)(3)," so a NICS check is still required before buying from a federally licensed dealer. The Attorney General's guide puts both halves in one answer: "Optional CHLs issued on or after June 4, 2014, qualify as an alternative to a NICS Background Check. Provisional CHLs do not qualify and are clearly marked as 'not NICS exempt.'" The standard license carries that point-of-sale benefit; the provisional license does not.

Where to read further

An FAQ answer in the On the Mark guide tells readers that "Additional exemptions from the state's licensing requirements are set forth in W. Va. Code § 61-7-6." The same booklet reproduces the section, and that reproduction matches the legislature's current text: "Exemptions from licensing fees," which relieves listed judicial officers and prosecutors of application and licensure fees while still requiring them to apply and to satisfy all licensure and handgun safety and training requirements. Read § 61-7-6 directly rather than the FAQ line.

See PERMIT_BASICS and APPLICATION_PROCESS for the license process and RECIPROCITY for recognition.

West Virginia Concealed Carry Laws

The short version

You do not need a state license to carry a concealed handgun in West Virginia if you are at least 18 years old. W. Va. Code § 61-7-7(c) lets any person carry a concealed deadly weapon without a license who is at least 18 years of age, a United States citizen or legal resident, not prohibited from possessing a firearm under § 61-7-7, and not prohibited under 18 U.S.C. § 922(g) or (n).

The 18-year floor is new. The West Virginia Attorney General's guide On the Mark states that HB 4106 took effect June 12, 2026, and that as of that date persons 18 or older who are not otherwise prohibited may carry a concealed deadly weapon without a license. The same bill repealed W. Va. Code § 61-7-3, the old offense of carrying concealed under 21 without a provisional license, and the text under that section now reads only "Repealed." If a handout or older guide still says 21 for permitless carry, or still cites § 61-7-3 as a live offense, it is describing law that no longer exists.

Two licenses survive, and both are optional: the standard license under § 61-7-4 for applicants 21 and older, and the provisional license under § 61-7-4a for residents at least 18 and under 21.

What counts as concealed

W. Va. Code § 61-7-2(3) defines concealed as hidden from ordinary observation so as to prevent disclosure or recognition. The operative test is notice: 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. A handgun under a jacket, in a closed bag, or in a pocket is concealed. If you cannot say a reasonable observer would be on notice, plan as though you are carrying concealed.

Watch the mismatch between what the permitless rule covers and what a license covers. Section 61-7-7(c) authorizes carrying a concealed deadly weapon, and § 61-7-2(5) defines deadly weapon broadly enough to include knives, blackjacks, metallic knuckles, nunchaku, and other instruments designed to produce serious bodily injury or death. A license is narrower. Sections 61-7-4(a)(1), 61-7-4(a)(2), and 61-7-4a(a) each say a license may only be issued for pistols and revolvers, and § 61-7-4(t) and § 61-7-4a(q) authorize the holder to carry a concealed pistol or revolver on the lands or waters of this state.

Who may not carry, and how a bar can be lifted

Section 61-7-7(a) bars firearm possession by, among others, a person who has been convicted of a crime punishable by imprisonment for more than one year; is an unlawful user of or habitually addicted to a controlled substance; has been adjudicated mentally incompetent or involuntarily committed; is subject to a qualifying domestic violence protective order entered after notice and a hearing; or has a qualifying misdemeanor assault, battery, or domestic violence conviction. Read subsection (a) for the rest of the list. Possession in violation of subsection (a) is a misdemeanor, punishable by a fine of $100 to $1,000 or 90 days to one year in the county jail, or both.

Subsection (b) sets a harder rule for a person convicted of a felony crime of violence against the person of another, a felony sexual offense, or a felony controlled substance offense involving a Schedule I substance other than marijuana or a Schedule II or III substance. Possession by a person in those categories is a felony, punishable by up to five years in a state correctional facility or a fine up to $5,000, or both.

Rights can come back. Under § 61-7-7(f) a person disqualified by subsection (a) may petition the circuit court in the county of residence, and the court may restore firearm possession on clear and convincing evidence of competence and capability, provided possession would not violate federal law. That route does not reach the subsection (b) categories, and a disqualification based on an adjudication or commitment runs through the separate petition in § 61-7A-5. Under § 61-7-7(g), an expunged or set-aside conviction or an unconditional pardon lifts the bar.

Anyone under 18 is handled separately. Section 61-7-8(a) prohibits an unmarried, unemancipated person under 18 from possessing or carrying any deadly weapon, openly or concealed, with provisos for the family premises, another person's premises with parental and owner permission, and lawful hunting and travel to and from a hunting site. Under § 61-7-8(b) the minor is subject to juvenile jurisdiction and may be proceeded against as if he or she had committed a violation of § 61-7-7(a).

State permission does not cure a federal bar. Section 61-7-7(c)(4) builds that into the permitless rule itself: the authorization runs only to a person not prohibited from possessing a firearm under 18 U.S.C. § 922(g) or (n). The nine categories in 18 U.S.C. § 922(g) overlap the state list but are not identical: § 922(g) also reaches a fugitive from justice and a person who has renounced United States citizenship. 18 U.S.C. § 922(n) separately bars a person under indictment for a crime punishable by more than one year from shipping, transporting, or receiving a firearm in interstate commerce. Under 18 U.S.C. § 924(a)(8), knowingly violating § 922(g) carries a fine, up to 15 years imprisonment, or both.

The two optional licenses

Both licenses come from the county sheriff, not the State Police, and both are shall-issue on the statutory criteria. Sections 61-7-4(g) and 61-7-4a(f) each require the sheriff to issue, reissue, or deny within 45 days once the required background checks are complete, and to issue unless the application is incomplete, contains materially false or incorrect statements, or the applicant does not meet the requirements. A denial must state its specific reasons, and under Sections 61-7-4(k) and 61-7-4a(j) the applicant has 30 days to file a petition for review in the circuit court. APPLICATION_PROCESS carries that route in full.

Fee relief is narrow and does not touch the substantive requirements. Section 61-7-4(q) exempts an honorably discharged veteran of the armed forces of the United States, reserve, or National Guard, and a former law-enforcement officer honorably retired from agencies governed by W. Va. Code § 7-14-1 et seq., § 8-14-1 et seq., § 15-2-1 et seq., and § 20-7-1 et seq., from the fees and costs that section imposes on a resident license application. All other application and background check requirements in that section still apply to them. Section 61-7-6, now titled Exemptions from licensing fees, exempts eight categories of judicial officers, prosecutors, and prosecutorial staff, and it requires each of them to apply and satisfy every licensure and handgun training requirement in § 61-7-4. Section 61-7-6 is not a source of carry exceptions. See PERMIT_BASICS, APPLICATION_PROCESS, and FEES_COSTS.

Why a license still earns its keep

• Travel. Permitless status is a West Virginia rule only. Recognition of a West Virginia license by other states runs through § 61-7-6a and each other state's law. See RECIPROCITY.
• Buying from a dealer. A standard license works as a permit alternative to a point-of-sale NICS check under 18 U.S.C. § 922(t)(3). The Attorney General's On the Mark guide puts a date qualifier on it: a license issued on or after June 4, 2014 qualifies. A provisional license does not, and its card says so.
• School parking lots. The exception in § 61-7-11a(b)(2)(L) reaches only a person 21 years old or older who has a valid concealed handgun permit, and only for a handgun stored out of view in a vehicle in a parking lot or other area of vehicular ingress or egress to a public school. An 18 to 20 year old provisional licensee does not fit that exception on its terms.
• Federal school zones. 18 U.S.C. § 922(q)(2)(B)(ii) exempts a person licensed by the state in which the school zone sits, where the state verifies eligibility before issuing. A § 922(q) violation carries up to five years under 18 U.S.C. § 924(a)(4). A permitless carrier has no license to invoke.
• State college campuses. Under W. Va. Code § 18B-4-5b, the Campus Self-defense Act, 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. Subsection (a) reaches only areas under the institution's custodial possession, not areas rented, leased, or under an exclusive agreement for the full-time occupancy and use of a private entity. Subsection (i) counts a § 61-7-4 license, a § 61-7-4a provisional license, and a license or permit recognized under § 61-7-6a, so an 18 to 20 year old provisional licensee does qualify here even though the same person does not fit the school parking lot exception above. Permitless status does not qualify. Subsection (b) leaves the institution with authority to regulate a list of sensitive locations, and PROHIBITED_PLACES carries that list.
• Municipal property. W. Va. Code § 8-12-5a(c)(4) otherwise bars a municipality from regulating carry on municipally owned or operated property other than municipally owned or operated buildings and municipally owned recreation facilities. A proviso inside it lets a municipality prohibit persons who do not have a valid concealed handgun license from carrying or possessing a firearm on municipally owned or operated property.

Carrying on property you do not own or control

W. Va. Code § 61-7-14, the Business Liability Protection Act, is the private property rule, and it applies to licensees and permitless carriers alike. Under subsection (b), 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. Under subsection (c), a natural person who carries or possesses a firearm or other deadly weapon on the property of another and refuses, on request, either to temporarily relinquish it or to leave the premises while in possession of it is guilty of a misdemeanor, punishable by a fine up to $1,000 or up to six months in jail, or both.

Subsection (d) cuts the other way for parking lots. No owner, lessee, or controller of real property may bar a customer, employee, or invitee from possessing a legally owned firearm that is lawfully possessed, out of view, locked inside or locked to a motor vehicle in a parking lot, when that person is lawfully allowed to be in the area. The same subsection also bars searching a vehicle to find a firearm, bars removing or firing someone over such storage except in cases of threats of unlawful action, and bars conditioning employment on whether a person holds a license. The Attorney General may enforce subsection (d) in the Circuit Court of Kanawha County and may seek civil penalties up to $5,000 per violation, and an aggrieved person may also sue in his or her own name.

One cross-reference in § 61-7-14(c) does not line up with the current code. The proviso exempting certain officials acting in an official capacity points to § 61-7-6(a)(5) through (a)(7), § 61-7-6(a)(9) through (a)(10), and § 61-7-6(b)(1) through (b)(8), but § 61-7-6 as it now reads is a single flat list of eight fee-exempt judicial officers, prosecutors, and prosecutorial staff with no subsections (a) or (b). Do not teach that proviso as settled.

Carrying in a vehicle

An eligible person 18 or older may carry concealed in a vehicle under § 61-7-7(c) with no license. One drafting detail affects how that carry is characterized: the last sentence of § 61-7-2(3) says that 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 vehicle. That deeming clause is written for licensees and does not by its terms address a permitless carrier. See VEHICLE_CARRY.

Brandishing and the offenses that apply either way

Section 61-7-11 makes it 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 the weapon in a way or manner to cause, or threaten, a breach of the peace. It is a misdemeanor punishable by a fine of $50 to $1,000, or 90 days to one year in the county jail, or both. Nothing in Article 7 displaces self-defense. Section 61-7-17 says nothing in the article should be construed to abrogate or modify statutory provisions and common law decisions related to defense of self or others. See USE_OF_FORCE.

Other Article 7 offenses reach an otherwise lawful carrier who crosses a line:

Schools and courthouses

Section 61-7-11a(b) makes it unlawful to possess a firearm or other deadly weapon on a school bus, in or on the grounds of any primary or secondary educational facility, or at a school-sponsored function in the area rented or leased for it. It is a felony punishable by two to ten years, or a fine up to $5,000, or both. The subsection lists exceptions covering law-enforcement officers, probation, parole, and home confinement officers, qualified retired officers carrying under 18 U.S.C. § 926C(c), authorized program participants, school safety officers, the unloaded firearm in a vehicle at § 61-7-11a(b)(2)(G), and the parking lot situation noted above. Subparagraph (G) covers a person who, as otherwise permitted by Article 7, possesses an unloaded firearm or deadly weapon in a motor vehicle or leaves one in a locked motor vehicle, and it reaches only an unloaded weapon. A private primary or secondary school may adopt a written policy allowing possession. Carry on a state college campus runs through § 18B-4-5b instead, covered in the license bullets above.

Courts sit in the same statute. Section 61-7-11a(g) makes possession of a firearm or other deadly weapon on the premises of a court of law, including family courts, a misdemeanor punishable by a fine up to $1,000 or up to one year in jail, or both, subject to exceptions for a law-enforcement officer acting in his or her official capacity and persons exempted by court order of record. Under § 61-7-11a(h), doing so with intent to commit a crime is a felony punishable by two to ten years, or a fine up to $5,000, or both. PROHIBITED_PLACES carries the full location inventory.

Losing a license, and carrying while prohibited

Under § 61-7-5, a license to carry a deadly weapon is deemed revoked when the licensee becomes unable to meet the criteria for initial licensure, and the licensee must immediately surrender the license to the issuing sheriff on becoming ineligible. Sections 61-7-4(o) and 61-7-4a(n) also require the sheriff to deny an application or revoke an existing license on determining that a licensing requirement has been violated.

Carrying concealed while prohibited is charged on top of simple possession. Section 61-7-7(d) makes it a separate and additional felony for a person prohibited by subsection (a) to carry a concealed firearm, punishable by up to three years in a state correctional facility or a fine up to $5,000, or both. Section 61-7-7(e) does the same for a person prohibited by subsection (b), punishable by up to ten years or a fine up to $10,000, or both. Losing a license does not by itself move a person into these provisions. They turn on whether the person is prohibited under § 61-7-7.

How to Apply for a West Virginia Concealed Handgun License

Where you file, and whether you need to file at all

West Virginia licenses concealed carry through county sheriffs. W. Va. Code § 61-7-4 tells a West Virginia resident or citizen who wants a resident license to "apply to the sheriff of his or her county for the license," and a resident or citizen of another state who wants a nonresident license to apply "to a sheriff of any county in this state." The State Police write the forms and keep the registry, but they do not take your application. Call the office you plan to file with before you drive there.

The license is optional. Under W. Va. Code § 61-7-7(c), a person who is at least 18, a United States citizen or legal resident, and not prohibited from possessing a firearm under W. Va. Code § 61-7-7 or under 18 U.S.C. 922(g) or (n) may carry a concealed deadly weapon without any license. The Attorney General's On The Mark guide, updated July 2026, ties that to HB 4106, effective June 12, 2026, and records that W. Va. Code § 61-7-3, the old crime of carrying concealed under 21 without a provisional license, was repealed by the same bill. The code portal now shows § 61-7-3 as "[Repealed.]" The Attorney General's FAQ names benefits an optional license still carries: it lets the holder lawfully carry a handgun in states that honor or recognize West Virginia licenses, and an optional license issued on or after June 4, 2014 qualifies as an alternative to a NICS background check when buying a firearm. See PERMIT_BASICS.

The standard license under W. Va. Code § 61-7-4 is for applicants 21 and older, resident or nonresident. The provisional license under W. Va. Code § 61-7-4a is for West Virginia residents at least 18 and less than 21. Both may be issued only for pistols and revolvers.

What the application has to contain

W. Va. Code § 61-7-4(b) requires "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." The statute presents that list as the complete set of licensing requirements. The enumerated items are:

• Full name, date of birth, a description of your physical features, place of birth, and country of citizenship. A non-citizen adds any alien or admission number from the United States Bureau of Immigration and Customs Enforcement and any basis for an exception to 18 U.S.C. 922(g)(5)(B).
• That you are a bona fide United States citizen or legal resident, and either a resident of this state and of the county in which the application is made, or a resident of another state with a valid driver's license or other state-issued or federally issued photo identification showing the residence.
• That you are 21 or older.
• No addiction to or unlawful use of alcohol, a controlled substance, or a drug, shown within the three years before the application by residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment, or by two or more convictions for driving under the influence or driving while impaired.
• No felony conviction, unless it was expunged or set aside, your civil rights were restored, or you were unconditionally pardoned.
• No conviction for a misdemeanor crime of violence in the five years immediately preceding the application, other than the domestic offenses in the next item.
• No conviction for a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), for a misdemeanor assault or battery under W. Va. Code § 61-2-28 or § 61-2-9(b) or § 61-2-9(c) with a qualifying domestic relationship, or for a similar offense elsewhere. No five-year window applies here.
• No felony indictment, no sentence of confinement, parole, probation, or other court-ordered supervision from any jurisdiction, and no emergency, temporary, or final domestic violence protective order against you.
• No adjudication of mental incompetence and no involuntary commitment, or a court order lifting the disability and restoring your firearm rights.
• That you are not prohibited by W. Va. Code § 61-7-7 or by federal law, including 18 U.S.C. 922(g) or (n).
• That you have qualified under the training minimums in subsection (e), waived for a renewal applicant who previously qualified.
• Your authorization for the sheriff or the sheriff's designee to investigate the application.

The Attorney General's guide reproduces that list and adds a Social Security number to the first item; the statute's own text does not list one. The State Police form also collects physical description details, a contact number, a photocopy of your identification, and a letter of explanation for certain yes answers.

The training certificate you attach

W. Va. Code § 61-7-4(e) requires a course "in handling and firing a handgun, which includes the actual live firing of ammunition by the applicant," and defines ammunition here to include training rounds such as marking rounds and simulated training loads. Four courses satisfy it: an official National Rifle Association handgun safety or training course; a course available to the general public offered by an official law-enforcement organization, community college, junior college, college, private or public institution or organization, or handgun training school using instructors certified by the institution; a course conducted by a handgun instructor certified by the state or by the NRA; and a course conducted by a branch of the United States military, reserve, or National Guard, or proof of other handgun qualification received while serving in one.

What you hand over is a photocopy of the completion certificate, an instructor affidavit, or any document showing completion. It must carry the instructor name and signature and the "NRA or state instructor identification number, if applicable." The statute sets no recency limit on the course. TRAINING_REQUIREMENTS covers the course.

Notarize it, and take the oath seriously

Every application must be notarized by a notary public (W. Va. Code § 61-7-4(f)). The State Police form carries a notary block and an oath that the information is true and correct.

Falsifying any portion of the application is false swearing under W. Va. Code § 61-5-2, which grades false swearing as a misdemeanor. The penalty is in W. Va. Code § 61-5-3: a fine of not more than $1,000 and, in the court's discretion, jail for not more than one year. A person convicted is also adjudged forever incapable of holding any office of honor, trust, or profit in this state, or of serving as a juror.

What you pay, and to whom

For a standard license the whole fee goes to the sheriff at the time of application: $50 resident, $100 nonresident (W. Va. Code § 61-7-4(a)). No second application-stage payment appears in § 61-7-4. The sheriff then splits it between the State Treasury, a concealed weapons license administration fund the sheriff runs, and, for a nonresident license, the Courthouse Facilities Improvement Fund under W. Va. Code § 29-26-6 (W. Va. Code § 61-7-4(d)). Amounts, the exemptions in W. Va. Code § 61-7-4(q) and § 61-7-6, and the training tax credit in § 61-7-4(s) belong to FEES_COSTS.

The agency materials in circulation do not match the statute on this. The Attorney General's FAQ answers the cost question with $75 to the sheriff at application plus $25 before issuance, while the same booklet reprints § 61-7-4(a) with the $50 and $100 figures; that is a conflict over the amount. The instruction page attached to State Police form 44A describes $25 at application and another $25 on approval, with the sheriff forwarding $25 to the State Police within 30 days; those two payments total the same $50 the statute sets for a resident, staged differently. Treat the statute as controlling and ask your sheriff what to tender.

The background investigation

For initial and renewal applications alike, the sheriff runs "a nationwide criminal background check consisting of inquiries of the National Instant Criminal Background Check System, the West Virginia criminal history record responses, and the National Interstate Identification Index," and reviews the results to verify the application is true and correct (W. Va. Code § 61-7-4(c)). The sheriff may not issue unless NICS has been checked and does not show that your receipt or possession of a firearm would violate W. Va. Code § 61-7-7 or 18 U.S.C. 922(g) or (n).

This is a records check. Neither § 61-7-4 nor § 61-7-4a calls for fingerprints. The State Police forms carry a sheriff-only block with checkboxes labeled III Check and WV Criminal Record Check, a state identification number, and a NICS Transaction Number, and the form instructions say an application will be returned without that number.

The 45-day decision, and how to challenge a denial

W. Va. Code § 61-7-4(g) is the shall-issue command: the sheriff "shall issue a license" unless the application is incomplete, contains statements that are materially false or incorrect, or the applicant otherwise does not meet the requirements of the section. The same subsection sets the clock. The sheriff "shall issue, reissue, or deny the license within 45 days after the application is filed if all required background checks authorized by this section are completed." The clock is conditioned on the checks finishing, so it is not a flat guarantee of a card in 45 days.

If the sheriff denies, the specific reasons must be stated (W. Va. Code § 61-7-4(k)). You may then petition the circuit court of the county where you applied, within 30 days of the denial. The court decides whether you are entitled to a license under the criteria in the section and issues findings of fact and conclusions of law. If the order upholds the denial, you may appeal under the Rules of Appellate Procedure of the Supreme Court of Appeals. If it does not, you may be entitled to reasonable costs and attorney's fees payable by the sheriff's office that denied you. Talk to a West Virginia lawyer before filing.

After approval: the card, the term, and the record

Each license carries your full name and address and a space for your signature in pen and ink, and the issuing sheriff signs it and attaches a seal. Every new licensee also gets a wallet-sized duplicate card that counts as a license, and duplicate cards issued on or after July 1, 2017 are uniform across all 55 counties in size, appearance, and information and carry a photograph (W. Va. Code § 61-7-4(i)). The sheriff immediately sends the State Police a certified copy of the approved application, and the Superintendent keeps the registry (W. Va. Code § 61-7-4(n)).

A newly issued or renewed license runs five years from your most recent birthday, subject to revocation for cause. A license in effect when the 2019 amendments took effect runs until your birthday in the fifth year from issuance or five years from issuance, whichever is later (W. Va. Code § 61-7-4(h)). Renewals go back to the sheriff, with the training requirement waived if you previously qualified; see RENEWAL_PROCESS.

If the license is lost or destroyed, you may get a duplicate or substitute for $5 by filing a notarized statement with the sheriff (W. Va. Code § 61-7-4(l)). If an applicant or licensee relocates from the address given in the application, written notice is due within 20 days and the sheriff issues a corrected license for a fee not to exceed $5, carrying the original expiration date and good for the rest of the five-year term unless the sheriff finds the person no longer eligible. W. Va. Code § 61-7-4(m) covers resident moves in state and out of state, and nonresident moves to a new out-of-state address or into West Virginia. A resident who moves out of state gets a nonresident license, and renewing it after expiration requires the nonresident fee. The State Police publish a change notification form for this.

Under W. Va. Code § 61-7-5 a license "shall be deemed revoked" once the holder cannot meet the criteria for initial licensure, and the holder must immediately surrender it to the issuing sheriff; the sheriff must also deny or revoke on finding any licensing requirement violated (W. Va. Code § 61-7-4(o)). Your application file is confidential and may go to a law-enforcement agency or officer only to verify a license, to assist a criminal investigation or prosecution, or for other lawful law-enforcement purposes. Violating that is a misdemeanor, punishable by a fine of not less than $50 nor more than $200 for each offense (W. Va. Code § 61-7-4(r)).

The provisional application for ages 18 to 20

Since § 61-7-7(c) lets a qualifying 18-year-old carry concealed without a license, the provisional license is optional in the same way the standard license is. W. Va. Code § 61-7-4a otherwise tracks § 61-7-4 closely. The differences are the part worth reading:

1. Who may apply. At least 18 and less than 21, and "a bona fide resident of this state and of the county in which the application is made" with a valid driver's license or other state-issued photo identification showing the residence. There is no nonresident provisional license.
2. Fees in two stages. $15 to the sheriff at application, and another $15 "before any approved license is issued or is effective," which the sheriff forwards to the State Police Superintendent within 30 days (W. Va. Code § 61-7-4a(a), (c), (g)).
3. A wider military training option. Item four on the provisional list is "any proof of current or former service in the United States armed forces, armed forces reserves or National Guard," where the standard license takes a course conducted by a branch or proof of other handgun qualification received while serving. Provisional proof must include instructor information and proof of instructor certification, including the NRA instructor certification number where applicable (W. Va. Code § 61-7-4a(d)).
4. No renewal training waiver. The provisional list of certifications carries no proviso waiving training for a prior qualifier, and no such proviso would have work to do: a provisional license expires at 21 rather than renewing.
5. A different notary cross-reference. Section 61-7-4a(e) points to W. Va. Code § 29-4-1 et seq. while § 61-7-4(f) points to § 39-4-1 et seq., the Revised Uniform Law on Notarial Acts. Both require a notary; the cross-references differ.
6. The card says so. A provisional card must be readily distinguishable and must state "NOT NICS EXEMPT," with statutory text explaining that it confers the same carry rights as a § 61-7-4 license but does not satisfy 18 U.S.C. 922(t)(3), so a NICS check runs before a dealer purchase (W. Va. Code § 61-7-4a(h)).
7. It expires at 21. The provisional license is valid until the licensee turns 21 unless sooner revoked. Moving to another county in state keeps it alive on the same 20-day notice and $5 corrected card; § 61-7-4a has no counterpart for a move out of state.

The 45-day clock, the shall-issue language, the notarization, the false-swearing exposure, the background check, the denial appeal, the $5 replacement, and the confidentiality misdemeanor all carry over into § 61-7-4a. The 45-day clock is worded a little differently: § 61-7-4a(f) runs it "once all required background checks authorized by this section are completed", where § 61-7-4(g) says "if". The State Police provisional form is numbered 44C.

Reading the agency materials against the statute

The Attorney General's guide and the State Police forms are useful, and they are not the law. Beyond the fee conflict above, two things to watch. The guide's FAQ describes W. Va. Code § 61-7-6 as setting out "additional exemptions from the state's licensing requirements," while § 61-7-6 as printed in the same booklet is titled "Exemptions from licensing fees" and covers judicial officers, prosecutors, and their investigators, who still must apply and meet every licensure and training requirement. And form 44A is built around a West Virginia resident holding West Virginia photo identification, though § 61-7-4 plainly contemplates nonresident applicants. A nonresident should ask the chosen sheriff which form and which identification that office takes.

Key statutes

West Virginia Concealed Handgun License Fees and Costs

The short answer

Carrying a concealed handgun in West Virginia does not require paying the state anything. Under W. Va. Code § 61-7-7(c), any person who is at least 18 years of age, a United States citizen or legal resident, not prohibited from possessing a firearm under that section, and not prohibited under 18 U.S.C. § 922(g) or (n) may carry a concealed deadly weapon without a license. That is the baseline, and its price is zero. A concealed handgun license is an optional purchase on top of that, bought for what it does that carrying without one does not.

The two license types are not worth the same, which matters when weighing whether $30 in provisional fees buys anything. W. Va. Code § 61-7-4a(h) requires the provisional card to state "NOT NICS EXEMPT" and that the license "does not satisfy the requirements of 18 U. S. C. §922(t)(3)." The Attorney General's booklet states that optional licenses issued on or after June 4, 2014 qualify as an alternative to a NICS check when buying from a dealer, and that provisional licenses do not.

If you want the license, the code fixes the price. A West Virginia resident who is 21 or older, the age floor in W. Va. Code § 61-7-4(b)(3), pays a fee of $50 to the sheriff at the time of application. A legal resident or citizen of another state pays $100 to whichever West Virginia sheriff takes the application. Those two amounts are set by W. Va. Code § 61-7-4(a)(1) and § 61-7-4(a)(2). An applicant aged 18 to 20 who wants a provisional license pays $15 at application and another $15 before the license issues, under W. Va. Code § 61-7-4a(a) and § 61-7-4a(g).

What the code charges

A license under either statute may be issued only for pistols and revolvers. See W. Va. Code § 61-7-4(a)(1) and § 61-7-4a(a).

Where your money goes

The code, not the sheriff, sets the split, which is why the price is not negotiable at the counter.

• On a resident license, $25 goes to the State Treasury credited to the account of the State Police, and $25, along with any fees for replacement of lost or stolen licenses, goes into a concealed weapons license administration fund the sheriff administers. See W. Va. Code § 61-7-4(d)(1).
• On a nonresident license, $15 goes to the Courthouse Facilities Improvement Fund, $25 to the State Police account for vehicles, vehicle equipment, and vehicle maintenance, and $60 to the concealed weapons license administration fund. See W. Va. Code § 61-7-4(d)(2).
• On a provisional license, $15 of the application fee, along with any fees for replacement of lost or stolen provisional licenses, goes into the concealed weapons license administration fund, per W. Va. Code § 61-7-4a(c). The second $15, the one paid before issuance, is forwarded by the sheriff to the Superintendent of the West Virginia State Police within 30 days of receipt, per W. Va. Code § 61-7-4a(g).

Published state figures do not all agree, and the code controls

Several state-published documents describe the license fees in terms that do not match what W. Va. Code § 61-7-4(a) and § 61-7-4a set out, so you may be quoted something other than the table above.

The West Virginia State Police application packet for form WVSP 44A instructs the applicant to present the form to the sheriff with a $25 application fee, then pay an additional $25 if the license is approved and issued, with that second $25 forwarded to the State Police Concealed Weapon Registry within 30 days. The application page in that packet is stamped Rev. 05/2024. The instruction page carrying those fees is stamped Rev. 07/2020. The two payments add to the same $50 a resident owes under W. Va. Code § 61-7-4(a)(1). Expect the possibility of being asked for money twice rather than once.

The Attorney General's On the Mark concealed handgun license booklet answers its own question about cost with a $75 payment at application plus $25 before issuance, while the statutory text reprinted later in that same booklet reads $50 and $100, matching the code as published by the Legislature. The July 2024 edition of the booklet answered the same question with $25 plus $25.

The Attorney General's gun reciprocity FAQ page is a separate state answer, and it reaches the provisional fees too. It repeats the $75 plus $25 for the optional license, then states that those fees are reduced to $25 to the sheriff and $15 to the State Police for provisional licenses. The code sets $15 to the sheriff at application and $15 before issuance, under W. Va. Code § 61-7-4a(a) and § 61-7-4a(g). The July 2024 booklet edition states the provisional split as $15 and $15, which is what the code reads.

Where an agency answer and the code disagree, the code is the law. Call the sheriff's office where you will file and ask what it collects, in what form of payment, and at which step.

Who is exempt from the license fees

Two separate provisions waive fees, and they are not written to the same width.

W. Va. Code § 61-7-4(q). With respect to an application for a resident license, an honorably discharged veteran of the armed forces of the United States, reserve, or National Guard, and a former law enforcement officer honorably retired from agencies governed by W. Va. Code § 7-14-1 et seq., § 8-14-1 et seq., § 15-2-1 et seq., and § 20-7-1 et seq., are exempt from payment of fees and costs otherwise required by that section. The Attorney General's booklet describes those agencies as the State Police, deputy sheriffs, municipal police officers, and law enforcement officers of the Division of Natural Resources. Two limits are written into that sentence: it runs to a resident license application, and it waives fees and costs required by that section. The same subsection states that all other application and background check requirements still apply.

W. Va. Code § 61-7-6. This section, titled "Exemptions from licensing fees," is a flat list of eight paragraphs. They exempt any justice of the Supreme Court of Appeals of West Virginia, any circuit judge, any retired justice or retired circuit judge designated senior status by that court, any family court judge, any magistrate, any prosecuting attorney, any assistant prosecuting attorney, and any duly appointed investigator employed by a prosecuting attorney. The exemption reaches "any application fees or licensure fees required under this article," which is broader wording than the section-scoped waiver in § 61-7-4(q). The section then requires these officials to make application and satisfy all licensure and handgun safety and training requirements set out in W. Va. Code § 61-7-4. The fee is waived. The process is not.

Neither provision touches money you pay to anyone other than the sheriff. Course tuition, ammunition, range time, and a notary are outside both.

What renewal costs

The code creates no reduced renewal fee. W. Va. Code § 61-7-4(c) speaks of "both initial and renewal applications" for the background investigation, and the fee subsection sets one amount per license type without carving out renewals. A renewing resident is looking at the same $50 and a renewing nonresident at the same $100.

The renewal saving is in training, not in the fee. W. Va. Code § 61-7-4(b)(11) requires the applicant to have qualified under the live fire minimums, then adds that this requirement is waived for a renewal applicant who has previously qualified. A newly issued license, subject to revocation for cause, is valid for five years from the licensee's most recent birthday, under W. Va. Code § 61-7-4(h).

One renewal trap sits in the address rules. If a resident licensee moves out of state, the sheriff issues a new nonresident license carrying the original expiration date for a fee not to exceed $5, and W. Va. Code § 61-7-4(m)(2) provides that any renewal of that license in the new jurisdiction after expiration requires payment of a nonresident license fee. A $5 card swap now means the nonresident fee, $100 under W. Va. Code § 61-7-4(a)(2), at renewal later.

A provisional license is not renewed. It is valid until the licensee turns 21, unless sooner revoked, under W. Va. Code § 61-7-4a(g). After that the holder may keep carrying without a license under W. Va. Code § 61-7-7(c), as they could at 18, or apply for a standard license at the resident or nonresident fee.

Training prices are set by instructors, not by the code

Every applicant for either license must complete a training course in handling and firing a handgun that includes the actual live firing of ammunition by the applicant. That requirement is in W. Va. Code § 61-7-4(e) for the standard license and § 61-7-4a(d) for the provisional license, and both list the qualifying course families, including an official National Rifle Association handgun safety or training course, a course available to the general public through a law enforcement organization or an educational institution, and a course taught by an instructor certified by the state or by the NRA. Each statute adds a military route, and the two are not written the same way. W. Va. Code § 61-7-4(e)(4) takes a course conducted by a branch of the United States military, reserve, or National Guard, or proof of other handgun qualification received while serving. W. Va. Code § 61-7-4a(d)(4) takes proof of current or former service in the United States armed forces, armed forces reserves, or National Guard by itself.

Neither statute sets a tuition, caps one, or requires a course to fold ammunition or range fees into its price. What you pay is what the instructor charges, and the components that move the total are whether live fire ammunition, targets, and range time sit inside the course price or get billed on top. Ask a prospective instructor what the price covers and what it excludes before you register, and do not budget from a figure quoted for a different state or a different year.

The training tax credit

West Virginia offsets part of the training bill through the tax code. Under W. Va. Code § 61-7-4(s), a person who pays fees for training or application under this article after the effective date of the section is entitled to a tax credit equal to the amount actually paid for training, capped so that it does not exceed $50. The same subsection adds that if the training was provided free or for less than that amount, the credit may instead be applied to the fees associated with the initial application. Keep the receipt from the instructor and the sheriff's office. The subsection does not name a form or a filing procedure, so confirm the mechanics with the state tax authority or whoever prepares your return.

Notarization and the license card

Every standard license application must be notarized by a notary public licensed under W. Va. Code § 39-4-1 et seq., per W. Va. Code § 61-7-4(f), and every provisional application must be notarized as well, per W. Va. Code § 61-7-4a(e). Neither statute sets what a notary may charge.

The sheriff provides each new licensee a duplicate wallet-size card that counts as a license and carries a photograph of the licensee, under W. Va. Code § 61-7-4(i) and § 61-7-4a(h). Neither section attaches a charge to the photograph or the card.

The background check carries no separate statutory fee

W. Va. Code § 61-7-4(c) requires the sheriff to run a nationwide criminal background check consisting of inquiries of the National Instant Criminal Background Check System, the West Virginia criminal history record responses, and the National Interstate Identification Index, with the provisional equivalent at W. Va. Code § 61-7-4a(b). Neither subsection sets a separate charge for that work, and neither describes a fingerprint step. Twenty-five dollars of the resident fee is credited to the account of the State Police under W. Va. Code § 61-7-4(d)(1). That subsection does not say what the State Police share pays for. If an office says it collects anything beyond the amounts in the table above, ask which provision it is charging under.

If your application is denied

The sheriff must issue, reissue, or deny within 45 days after the application is filed once the required background checks are completed, under W. Va. Code § 61-7-4(g), with the same deadline for provisional applications at § 61-7-4a(f). A denial must state its specific reasons, under W. Va. Code § 61-7-4(k) and § 61-7-4a(j).

Nothing in W. Va. Code § 61-7-4, § 61-7-4a, or § 61-7-5 provides for a refund of an application fee on denial or on later revocation. A license is deemed revoked when the licensee becomes unable to meet the criteria for initial licensure, and it must be surrendered immediately to the issuing sheriff, under W. Va. Code § 61-7-5. Plan on the fee being spent once it is paid.

You do have a cost recovery route if the denial was wrong. Under W. Va. Code § 61-7-4(k), a person denied a license may petition the circuit court of the county where the application was made within 30 days of the denial, and if the court's findings of fact and conclusions of law fail to uphold the denial, the applicant may be entitled to reasonable costs and attorney's fees payable by the sheriff's office that issued the denial. The provisional license carries the same review provision at W. Va. Code § 61-7-4a(j).

Does the county change the price?

No. The amounts above come from the code and apply statewide, and the nonresident applicant may apply to a sheriff of any county under W. Va. Code § 61-7-4(a)(2). What the code leaves open is administrative: which payment methods an office accepts, and whether it collects the standard license fee in one payment or in the two steps the WVSP 44A form describes. Confirm both with the office where you will file.

Key statutes

West Virginia Concealed Carry License Renewal

The Headline

West Virginia is a permitless-carry state. Under W. Va. Code 61-7-7(c), any person who is at least 21 years old, is a United States citizen or legal resident, and is not prohibited from possessing a firearm under W. Va. Code 61-7-7 or 18 U.S.C. 922(g) or (n) may carry a concealed pistol or revolver without any license at all. For most people, an expired license has no effect on the right to carry inside West Virginia. The license still matters for out-of-state reciprocity and as a NICS alternative at gun dealers, so renewing it on time is worth doing.

Two license types exist, and they renew very differently:

• Standard license (W. Va. Code 61-7-4). Issued by the county sheriff to applicants 21 and older. Valid for five years. Renewable through the same sheriff.
• Provisional license (W. Va. Code 61-7-4a). Issued by the county sheriff to applicants 18 to 20 years old. It is not a five-year license and it cannot be renewed. Under 61-7-4a(g) it is valid only until the holder turns 21, then it ends by operation of law.

Both license types are issued by the county sheriff, not by the West Virginia State Police. The State Police prepare the uniform application forms and maintain the statewide registry, but the sheriff is the issuing and renewing authority.

License Term and When to Renew

Under W. Va. Code 61-7-4(h), a standard license 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. A renewed license is valid for five years from the licensee's most recent birthday. There is no separate statutory expiration scheme for renewals beyond that five-year-from-birthday rule.

The statute lets the sheriff process both initial and renewal applications, but it does not set a fixed early-filing window or a formal grace period. File before the current license expires so there is no gap in out-of-state reciprocity coverage. Confirm the exact intake window with your county sheriff, because that is agency practice, not a statutory deadline.

If your license lapses, your in-state carry rights are unaffected so long as you are 21 or older and not prohibited (W. Va. Code 61-7-7(c)). You simply submit a new application to the sheriff to restore the licensed status.

Renewal Eligibility

A renewal applicant must still satisfy every licensing requirement in W. Va. Code 61-7-4(b). The sheriff must deny or revoke when any of those requirements is no longer met (W. Va. Code 61-7-4(o); revocation under W. Va. Code 61-7-5). The disqualifiers that most often arise during a license term include:

1. A felony conviction that has not been expunged, set aside, pardoned, or followed by restoration of civil rights (61-7-4(b)(5)).
2. A misdemeanor crime of violence within the five years before the application (61-7-4(b)(6)).
3. A misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), or a qualifying West Virginia assault or battery offense against a domestic victim (61-7-4(b)(7)).
4. Being under indictment for a felony, under court-ordered supervision, or subject to an emergency, temporary, or final domestic violence protective order (61-7-4(b)(8)).
5. An adjudication of mental incompetence or involuntary commitment without a later order restoring firearm rights (61-7-4(b)(9)).
6. Any prohibition under W. Va. Code 61-7-7 or federal law, including 18 U.S.C. 922(g) or (n) (61-7-4(b)(10)).
7. Disqualifying substance use, shown by court-ordered treatment or two or more DUI/DWI convictions within the prior three years (61-7-4(b)(4)).

W. Va. Code 61-7-5 provides that a license is deemed revoked the moment the holder becomes unable to meet the criteria for initial licensure in 61-7-4, and the holder must immediately surrender the license to the issuing sheriff.

Training on Renewal

A renewal applicant who has previously qualified does not have to repeat the live-fire training course. W. Va. Code 61-7-4(b)(11) waives the training requirement "in the case of a renewal applicant who has previously qualified." This waiver is tied to having qualified before, not to any five-year certificate window. There is no statutory rule that a training certificate "expires" after five years for renewal purposes. A first-time applicant who never qualified must complete an approved course under 61-7-4(e); see TRAINING_REQUIREMENTS.

Renewal Application Components

W. Va. Code 61-7-4(b) lists what the verified application must set forth, and 61-7-4(f) requires it to be notarized. A renewal package generally includes:

1. The completed, verified application prepared by the Superintendent of the West Virginia State Police (61-7-4(b)).
2. Proof of identity and residency, such as a valid driver's license or other state-issued or federally issued photo identification (61-7-4(b)(2)).
3. Notarization by a notary public licensed under W. Va. Code 39-4-1 et seq. Falsifying any part of the application is false swearing punishable under W. Va. Code 61-5-2 (61-7-4(f)).
4. The application fee. Under 61-7-4(a), the resident fee is $50 and the nonresident fee is $100. The statute does not set a separate reduced renewal fee. Honorably discharged veterans and honorably retired law-enforcement officers are exempt from fees under 61-7-4(q). See FEES_COSTS.
5. A training certificate only if required. A previously qualified renewal applicant is exempt from training under 61-7-4(b)(11), so no new certificate is needed.

Background Check on Renewal

For both initial and renewal applications, W. Va. Code 61-7-4(c) requires the sheriff to conduct a nationwide criminal background investigation consisting of:

• The National Instant Criminal Background Check System (NICS).
• West Virginia criminal history record responses.
• The National Interstate Identification Index.

The sheriff may not issue or renew unless NICS confirms that receipt or possession of a firearm by the applicant would not violate W. Va. Code 61-7-7 or federal law, including 18 U.S.C. 922(g) or (n). New disqualifying conduct during the prior term will defeat the renewal.

Note that W. Va. Code 61-7-4 does not impose a fingerprinting requirement for the standard license. The background check is records-based through the systems listed above.

Renewal Decision Timeline

W. Va. Code 61-7-4(g) requires the sheriff to issue, reissue, or deny within 45 days after the application is filed, provided all authorized background checks are complete. The sheriff issues unless the application is incomplete, contains materially false or incorrect statements, or the applicant otherwise fails the requirements.

Renewal Denial and Appeal

If a renewal is denied, the sheriff must state the specific reasons for the denial (W. Va. Code 61-7-4(k)). The applicant may file a petition for review in the circuit court of the county where the application was made, within 30 days of the denial. The court determines whether the applicant is entitled to a license under the statutory criteria. If the court's findings fail to uphold the denial, the applicant may recover reasonable costs and attorney fees payable by the sheriff's office. If the denial is upheld, the applicant may appeal under the Rules of Appellate Procedure of the Supreme Court of Appeals.

Common renewal-denial grounds track the eligibility list above: a new felony or qualifying misdemeanor conviction, a current domestic violence protective order, a new involuntary commitment, a federal prohibitor under 18 U.S.C. 922(g) or (n), or a materially false statement on the application.

Moving to a New County or Out of State During the Term

W. Va. Code 61-7-4(m) governs relocation, and it does not require a full new application when you move. Within 20 days of relocating, the licensee must notify the relevant sheriff in writing of the old and new addresses. The sheriff then issues a new license card bearing the new address and the original expiration date, for a fee not to exceed $5. The license stays valid for the remainder of the original five-year term unless the person is no longer eligible. The specific subdivision depends on the move:

• Resident moving to another West Virginia county: notify the sheriff of the new county; receive a new resident license with the original expiration date (61-7-4(m)(1)).
• Resident moving out of state: notify the issuing-county sheriff; receive a new nonresident license with the original expiration date. Any renewal after expiration then requires the nonresident fee (61-7-4(m)(2)).
• Nonresident moving to a different out-of-state address: notify the issuing-county sheriff; receive an updated nonresident license (61-7-4(m)(3)).
• Nonresident moving into West Virginia: notify the sheriff of the new county; receive a new resident license (61-7-4(m)(4)).

At the next renewal, file with the sheriff of your current county of residence. Moving out of West Virginia does not automatically void the current card, but the resident license is tied to West Virginia residency for renewal purposes, and out-of-state reciprocity rules will govern how useful it remains.

Lost or Destroyed License Mid-Term

A lost or destroyed license is replaced, not renewed. Under W. Va. Code 61-7-4(l), the holder files a notarized statement with the sheriff indicating the license was lost or destroyed and pays a $5 fee for a duplicate or substitute. The replacement carries the same expiration date as the original. (The provisional-license equivalent is W. Va. Code 61-7-4a(k), also a $5 fee.)

Provisional License Holders Turning 21

A provisional license under W. Va. Code 61-7-4a does not renew. By 61-7-4a(g) it is valid only until the holder turns 21, then it ends automatically. When a provisional holder reaches 21:

1. Permitless carry becomes available immediately. At 21, a non-prohibited citizen or legal resident may carry concealed without any license under W. Va. Code 61-7-7(c). No filing is required to carry inside West Virginia.
2. A standard license is still worth obtaining for out-of-state reciprocity and as a NICS alternative at dealers. The provisional card is expressly marked "NOT NICS EXEMPT" and does not satisfy 18 U.S.C. 922(t)(3) (61-7-4a(h)). To get those benefits, file a fresh standard application with the county sheriff under W. Va. Code 61-7-4, including the $50 resident fee and the standard training requirement (which the provisional holder will already have satisfied through prior qualification).

Confidentiality of License Records

Under W. Va. Code 61-7-4(r), application materials, supporting documents, permits, renewals, and any information identifying an applicant or holder are confidential. The records may be disclosed to law enforcement only to verify a license, assist a criminal investigation or prosecution, or for other lawful law-enforcement purposes. Unauthorized disclosure is a misdemeanor punishable by a fine of $50 to $200 per offense.

Key Statutes

West Virginia Prohibited Places for Concealed Carry

The Headline

West Virginia's location restrictions apply to everyone who carries, whether you carry under permitless (constitutional) carry, hold a license to carry a concealed deadly weapon under W. Va. Code 61-7-4, or hold a provisional license under W. Va. Code 61-7-4a. A few places are off-limits to almost everyone by statute. Many more are off-limits only when the property owner posts or asks you to leave.

The principal state location restriction is W. Va. Code 61-7-11a, which bars deadly weapons in and on K-12 educational facilities, on school buses, at school-sponsored functions, and on the premises of courts of law and family courts. Private property owners may limit firearms under W. Va. Code 61-7-14 (the Business Liability Protection Act). Concealed carry on public university and college campuses is governed separately by W. Va. Code 18B-4-5b (the Campus Self-Defense Act) and requires a valid license. Federal restrictions in 18 U.S.C. 930 (federal facilities) and 18 U.S.C. 922(q) (Gun-Free School Zones Act) also apply.

This section catalogs prohibited places and the operative statutory authority for each. Confirm the actual statute before relying on any summary.

State Statutory Prohibitions

K-12 Schools, School Buses, and School Functions (W. Va. Code 61-7-11a)

W. Va. Code 61-7-11a(b)(1) makes it unlawful to possess a firearm or other deadly weapon:

• On a school bus as defined in W. Va. Code 17A-1-1.
• In or on the grounds of any primary or secondary educational facility of any type. A private K-12 school may opt out by adopting a written policy that allows firearms or deadly weapons in the facility or on its grounds.
• At a school-sponsored function while it is taking place in a specific area owned, rented, or leased by the West Virginia Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board, or a local public school, for the actual period of time the function is occurring.

This statute reaches primary and secondary (K-12) facilities. It does not govern public colleges and universities, which are addressed separately by W. Va. Code 18B-4-5b (below).

Permitless carry does not create a categorical exemption for schools. The statutory prohibition applies regardless of license status, subject only to the specific exceptions in W. Va. Code 61-7-11a(b)(2). Those exceptions include:

• Law-enforcement officers (on or off duty), probation officers, home confinement supervisors, parole officers, and qualified retired law-enforcement officers carrying concealed under 18 U.S.C. 926C with proper identification.
• A person who possesses an unloaded firearm in a motor vehicle, or who leaves an unloaded firearm in a locked motor vehicle, as otherwise permitted by Article 7 (W. Va. Code 61-7-11a(b)(2)(G)).
• A person 21 or older who holds a valid concealed handgun permit may keep a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other area of vehicular ingress or egress to a public school, provided the handgun is stored out of view, and when the vehicle is unoccupied it is locked and the handgun is in a glove box, other interior compartment, locked trunk, or a locked container secured to the vehicle (W. Va. Code 61-7-11a(b)(2)(L)).
• Persons specifically authorized by the county board of education or principal, school safety officers, and a few other narrow categories.

Penalty: a violation of W. Va. Code 61-7-11a(b) is a felony. On conviction, a person faces a definite term of two to ten years in a state correctional facility, a fine of not more than $5,000, or both (W. Va. Code 61-7-11a(b)(3)).

Courts of Law and Family Courts (W. Va. Code 61-7-11a)

W. Va. Code 61-7-11a(g) makes it unlawful to possess a firearm or other deadly weapon on the premises of a court of law, including family courts. The only exceptions are a law-enforcement officer acting in an official capacity and a person exempted by an order of record entered by a court with jurisdiction over the premises.

Penalty: a violation of subsection (g) is a misdemeanor punishable by a fine of not more than $1,000, jail of not more than one year, or both (W. Va. Code 61-7-11a(g)(3)).

Possessing a firearm or deadly weapon on court premises with intent to commit a crime is a separate felony under W. Va. Code 61-7-11a(h), punishable by two to ten years, a fine of not more than $5,000, or both.

Storage lockers are sometimes available outside courthouse security checkpoints. Verify with the specific courthouse before arriving.

Public Colleges and Universities (W. Va. Code 18B-4-5b)

Concealed carry on the campus and in the buildings of a state institution of higher education is governed by the Campus Self-Defense Act, W. Va. Code 18B-4-5b, which applies on and after July 1, 2024.

Under W. Va. Code 18B-4-5b(a), a person holding a current and valid license to carry a concealed deadly weapon may carry a concealed pistol or revolver on campus and in campus buildings under the institution's custodial possession. This authority is keyed to a valid license issued under W. Va. Code 61-7-4 or 61-7-4a, or a license or permit recognized under W. Va. Code 61-7-6a (W. Va. Code 18B-4-5b(i)). Permitless (constitutional) carry alone does not extend onto campus. Open or visible carry is not permitted: under W. Va. Code 18B-4-5b(g) a person may not carry a pistol or revolver that is partially or wholly visible, or intentionally display a firearm in plain view in a way that causes or threatens a breach of the peace.

W. Va. Code 18B-4-5b(b) lets an institution still regulate concealed carry, consistent with W. Va. Code 61-7-14, in specified locations, including:

• Organized events at a stadium or arena with capacity for more than 1,000 spectators.
• On-campus daycare facilities.
• The secure area of a campus law-enforcement building.
• Areas with adequate security measures (electronic screening and armed personnel at public entrances).
• Rooms where a student or employee disciplinary proceeding is being held.
• Areas where patient care or mental health counseling is provided.
• Designated high-hazard and animal research laboratories.
• On-campus residence halls, except common areas such as lounges, dining areas, and study areas.

The statute also requires institutions to provide secure storage for residents, and it preserves an institution's authority to impose discipline for a violation of W. Va. Code 61-7-14 in one of the listed locations.

State Capitol Complex

The West Virginia State Capitol Complex restricts firearms through posted policy and Capitol security screening rather than a standalone Article 7 prohibition. Verify the current posted policy before entering. Storage may be available outside the security checkpoint.

Polling Places

West Virginia does not have a specific Article 7 statute that bars lawful concealed carry at a polling place. Many polling places are located in school buildings, which independently triggers the W. Va. Code 61-7-11a prohibition. Confirm the location and any posted policy before election day.

Private Property Posting (W. Va. Code 61-7-14)

W. Va. Code 61-7-14 is the Business Liability Protection Act. Under subsection (b), any owner, lessee, or other person charged with the care, custody, and control of real property may prohibit the open or concealed carrying of any firearm or deadly weapon on property under their domain, notwithstanding anything else in Article 7.

A property owner can enforce this through posted signage, a verbal request to disarm or leave, or written notice to a specific person. Under W. Va. Code 61-7-14(c), a natural person carrying a firearm or deadly weapon on the property of another who, on request, refuses to temporarily relinquish it or to leave the premises while still in possession is guilty of a misdemeanor. On conviction, the penalty is a fine of not more than $1,000, jail of not more than six months, or both. This is a distinct offense; the operative authority is W. Va. Code 61-7-14(c), not a generic trespass statute, though trespass charges can also follow.

This private-property authority is broad. Restaurants, retailers, places of worship, private workplaces, private residences, and any other privately controlled premises may restrict firearms. Permitless carry and a concealed carry license do not override private-property authority. The statute does not require any particular sign format, so a verbal request alone is enough to trigger the duty to leave.

Exception: Firearms Stored in Vehicles in Parking Lots (W. Va. Code 61-7-14(d))

W. Va. Code 61-7-14(d) limits the ability of a property owner or employer to prohibit a firearm that is stored in a vehicle in a parking lot. The key protections:

• No owner, lessee, or person in control of real property may prohibit a customer, employee, or invitee from possessing a legally owned firearm when it is lawfully possessed, out of view, locked inside or locked to a motor vehicle in a parking lot, and the person is lawfully allowed to be in that area (W. Va. Code 61-7-14(d)(1)).
• The property owner may not search a vehicle in the parking lot to look for a firearm, except by on-duty law enforcement (W. Va. Code 61-7-14(d)(2)).
• An employer may not take adverse employment action against an employee solely for storing a firearm this way, except in cases of threats of unlawful action (W. Va. Code 61-7-14(d)(3)).
• An employer may not condition employment on whether a person holds a license under W. Va. Code 61-7-4 or 61-7-4a (W. Va. Code 61-7-14(d)(4)).

This protection covers the parking lot and the locked vehicle only. It does not authorize bringing the firearm into the employer's building, which remains subject to the owner's posting authority under W. Va. Code 61-7-14(b). The "parking lot" protection does not apply to the private parking area of a business located at the property owner's primary residence, and "motor vehicle" does not include vehicles owned, rented, or leased by an employer and used by the employee in the course of employment (W. Va. Code 61-7-14(a)).

There is no separate W. Va. Code 61-7-21 governing employer parking lots; Article 7 ends well before that number. The parking-lot rule lives entirely in W. Va. Code 61-7-14.

Federal Restrictions

Federal Facilities (18 U.S.C. 930)

Federal law prohibits knowingly possessing a firearm or other dangerous weapon in a federal facility. There is no exception for a state concealed carry license. This reaches:

• Federal office buildings (Social Security offices, federal agency offices, and similar facilities).
• Federal courthouses.
• Other buildings or parts of buildings owned or leased by the federal government where federal employees regularly perform official duties.

Penalties under 18 U.S.C. 930: possession in a federal facility other than a federal court facility is punishable by a fine, imprisonment of not more than one year, or both (subsection (a)). Possession with intent that the weapon be used in the commission of a crime is punishable by a fine, imprisonment of not more than five years, or both (subsection (b)). Possession in a federal court facility is punishable by a fine, imprisonment of not more than two years, or both (subsection (e)). If a killing occurs in the course of a violation, the penalties in 18 U.S.C. 930(c) (up to and including capital punishment or life imprisonment) can apply. Notice must generally be posted at public entrances for a conviction under subsection (a) or (e) unless the person had actual notice.

Federal Gun-Free School Zones (18 U.S.C. 922(q))

The federal Gun-Free School Zones Act makes it unlawful to knowingly possess a firearm in a place the person knows, or has reasonable cause to believe, is a school zone (generally within 1,000 feet of the grounds of a public, parochial, or private school). A holder of a license issued by the state where the school zone is located is exempt under 18 U.S.C. 922(q)(2)(B)(ii), because West Virginia verifies an applicant's qualifications before issuing a license under W. Va. Code 61-7-4 or 61-7-4a.

A person carrying under permitless carry, without a West Virginia license, does not qualify for that exemption. This is a leading reason West Virginia residents continue to obtain a license even though in-state concealed carry is otherwise permitless: the license preserves the federal school-zone exemption when traveling near schools. A violation of 18 U.S.C. 922(q) can carry up to five years in federal prison.

National Parks and Federal Wildlife Refuges

Firearm possession in national parks and national wildlife refuges is governed by 36 C.F.R. 2.4 and 50 C.F.R. 27.42, which generally allow possession if it conforms to the law of the state where the park or refuge is located. In West Virginia, a person who may lawfully carry under West Virginia law may generally carry in a West Virginia national park unit, subject to those regulations. Discharge remains separately regulated and is generally prohibited except for lawful hunting where federal regulations allow it.

Visitor centers, ranger stations, and other federal park buildings are federal facilities under 18 U.S.C. 930 and remain off-limits to firearm possession.

Airports and Aircraft

The public side of an airport (the terminal before the TSA screening checkpoint) is subject to state law and to the airport authority's posting power under W. Va. Code 61-7-14. Past the screening checkpoint, federal law controls.

Carrying a concealed, accessible dangerous weapon while on, or attempting to board, an aircraft in air transportation is a federal crime under 49 U.S.C. 46505. That statute, not 18 U.S.C. 924, is the operative authority for the secured area and aircraft cabin. A state concealed carry license does not authorize carry past the screening checkpoint.

Federal transportation security regulations (49 C.F.R.) allow lawful transport of an unloaded firearm in checked baggage: the firearm must be unloaded, in a locked hard-sided case, and declared at the ticket counter, with ammunition transported per airline and TSA rules. Confirm the current TSA and airline requirements before traveling.

Other Common Locations

Establishments Licensed to Serve Alcohol

West Virginia does not categorically bar firearms in establishments licensed to serve alcohol. The establishment may post a no-firearms restriction under W. Va. Code 61-7-14. Separately, a person who is habitually addicted to alcohol or is an unlawful user of or addicted to a controlled substance is a prohibited person under W. Va. Code 61-7-7(a)(2) and (a)(3) and may not possess a firearm at all.

There is no separate Article 7 statute that makes lawful carry while merely consuming alcohol a standalone offense, but carrying while impaired can expose you to other charges, including brandishing under W. Va. Code 61-7-11 or wanton endangerment under W. Va. Code 61-7-12 if your conduct creates a risk. See the UNDER_INFLUENCE section for the full analysis. Practical guidance: if you intend to drink, do not carry.

Places of Worship

West Virginia does not have a separate place-of-worship restriction. A place of worship may post a no-firearms restriction under W. Va. Code 61-7-14. Read the posted policy or ask the clergy or building manager before bringing a firearm to a service.

Penalties at a Glance

Penalties depend on the underlying authority:

• W. Va. Code 61-7-11a(b) (K-12 schools, buses, school functions): felony, two to ten years, fine up to $5,000, or both.
• W. Va. Code 61-7-11a(g) (courts of law, family courts): misdemeanor, fine up to $1,000, jail up to one year, or both. With intent to commit a crime, felony under subsection (h), two to ten years.
• W. Va. Code 61-7-14(c) (refusing to leave or disarm on posted or controlled private property): misdemeanor, fine up to $1,000, jail up to six months, or both.
• 18 U.S.C. 930 (federal facilities): up to one year; up to five years with criminal intent; up to two years in a federal court facility; up to life or capital punishment if a killing results.
• 18 U.S.C. 922(q) (federal gun-free school zone): up to five years. A West Virginia license holder is exempt.
• 49 U.S.C. 46505 (concealed weapon on or boarding an aircraft): federal felony.

Key Statutes

West Virginia Firearm Storage Requirements

The Headline

West Virginia has no mandatory safe-storage statute for firearms in the home. The Legislature has not enacted any requirement that firearms be stored unloaded, locked, or out of reach of minors. Storage decisions are left to the individual owner. A handful of other legal rules still shape how an owner should store firearms:

• Minor possession is restricted by W. Va. Code 61-7-8. A person under 18 (unless married or emancipated) may not possess or carry a deadly weapon except in narrow situations, so an owner who leaves a firearm where a minor can take it may set up a violation by that minor.
• Federal access-prevention rules under 18 U.S.C. 922(x) make it unlawful to transfer a handgun or handgun-only ammunition to a juvenile under 18, with limited exceptions.
• Federal transfer-to-prohibited-person rules under 18 U.S.C. 922(d), and the state parallel in W. Va. Code 61-7-10, bar giving or lending a firearm to someone the owner knows or has reason to believe is prohibited.
• Common-law negligence can expose an owner to civil liability to a third party harmed by a firearm the owner failed to secure with reasonable care.

Statutory Authority

W. Va. Code Chapter 61, Article 7 ("Dangerous Weapons") does not include a mandatory safe-storage provision. The most closely related state statutes are:

• W. Va. Code 61-7-8 - Possession of deadly weapons by minors. A person under 18 who is not married or emancipated may not possess or carry, openly or concealed, any deadly weapon. Exceptions allow a minor to possess a firearm on premises owned by the minor or the minor's family, on another's premises with parental permission (and the owner's or lessee's permission), and while hunting in a lawful manner or traveling to and from a hunting site. A violation subjects the minor to juvenile jurisdiction of the circuit court under W. Va. Code 49-4-701 through 49-4-725. This statute regulates the minor's conduct. It does not, by its terms, impose civil or criminal liability on a parent for failing to secure a firearm.
• W. Va. Code 61-7-10 - Deadly weapons for sale or hire; sale to prohibited persons. It is unlawful to knowingly sell, rent, give, or lend a firearm or ammunition to a person prohibited by Article 7 or by 18 U.S.C. 922. A violation involving a firearm or ammunition is a felony.

Neither statute imposes a categorical storage duty on an adult firearm owner. There is no West Virginia "child access prevention" statute.

Storage in a Vehicle on Another's Property (Business Liability Protection Act)

W. Va. Code 61-7-14, titled "The Business Liability Protection Act," is the state statute most directly about storage. It sets two competing rules:

• Under subsection (b), an owner, lessee, or person in control of real property may generally prohibit carrying a firearm on property under their control.
• Under subsection (d), that authority does not reach a firearm stored in a private vehicle. An owner, lessee, employer, or other person in control of real property may not prohibit a customer, employee, or invitee from keeping a lawfully owned firearm when the firearm is lawfully possessed, out of view, and locked inside or locked to a motor vehicle in a parking lot, when that person is lawfully allowed to be in the area.

"Locked inside or locked to" is defined to include a locked vehicle, a firearm in a locked trunk, glove box, or other interior compartment, a firearm in a locked container securely fixed to the vehicle, or a firearm secured and locked to the vehicle itself. An employer also may not search the vehicle (only on-duty law enforcement may), may not condition employment on whether the worker holds a 61-7-4 or 61-7-4a license, and may not take adverse action against an employee for such storage except in cases of threats of unlawful action.

The statute provides civil immunity: a person in control of the property who complies with subsection (d) has no related duty of care and is not liable for money damages based on actions or inactions taken in compliance with it. The Attorney General may enforce subsection (d) with civil penalties of up to $5,000 per violation, and an aggrieved customer, employee, or invitee may also sue. The "parking lot" protection does not apply to the private parking area of a business at the property owner's primary residence, and it does not override the school-premises restrictions in W. Va. Code 61-7-11a.

Common-Law Negligence Liability

Even without a mandatory safe-storage statute, a firearm owner who leaves a firearm accessible to a child or other unauthorized person may face civil liability in tort if the firearm is later used to cause injury:

• Negligence theory. The owner has a general duty to exercise reasonable care. A jury could find that failing to secure a firearm against access by a foreseeable user (for example, a child living in the home) was a breach of that duty and a proximate cause of the resulting injury.

This is ordinary common-law negligence, not a statutory storage duty. W. Va. Code 61-7-8 regulates the minor's possession rather than the adult owner's storage, so it does not, on its own, establish that an adult owner was negligent. W. Va. Code 61-7-17 preserves common-law and statutory defense-of-self-or-others principles, which can bear on liability questions.

Federal Access-Prevention Rules

18 U.S.C. 922(x) makes it unlawful to sell, deliver, or otherwise transfer a handgun, or ammunition suitable only for a handgun, to a person the transferor knows or has reasonable cause to believe is a juvenile (under 18), and makes it unlawful for a juvenile to knowingly possess such a handgun or ammunition. The statute covers handguns and handgun-only ammunition, not long guns. Exceptions in 922(x)(3) include:

• Temporary transfer or use for employment, ranching or farming, target practice, hunting, or a course of instruction in the safe and lawful use of a handgun, under the conditions the statute lists (including prior written parental consent in many cases).
• A juvenile member of the Armed Forces or National Guard in the line of duty.
• A transfer by inheritance of title (but not possession) of a handgun or ammunition.
• Possession by a juvenile taken in defense of the juvenile or others against an intruder into the residence where the juvenile lives or is an invited guest.

Penalties are set by 18 U.S.C. 924(a)(6). A juvenile who violates 922(x) generally faces a fine and up to one year, with probation in the qualifying first-possession situation. A person other than a juvenile who knowingly violates 922(x) faces up to one year, rising to up to ten years if the transferor knew or had reasonable cause to believe the juvenile would carry or use the handgun in a crime of violence.

Leaving an unsecured handgun where a juvenile can take it can, depending on the facts, expose an owner to 922(x) exposure as a transfer.

Practical Storage Standards

These are practical recommendations, not legal requirements in West Virginia:

• Locked container. A gun safe, lockbox, or locking gun cabinet. Biometric or combination locks allow quicker access; key locks suit slower-access storage.
• Trigger and cable locks. A trigger lock blocks the trigger; a cable lock runs through the action to keep it open. Many new firearms ship with one of these as an ATF-recommended baseline.
• Separate ammunition. Storing ammunition apart from the firearm adds a layer against ready-to-fire access in the home.
• Vehicle storage. A lockbox bolted to the vehicle frame deters theft of a firearm stored temporarily in a vehicle and satisfies the "locked to" standard in W. Va. Code 61-7-14.

Child Access Considerations

If children live in or visit the home, additional considerations apply:

• Age-appropriate education. Teach children the basic rule: never touch a firearm without an adult, and if you find one, leave it alone and tell an adult.
• Quick-access lockbox for defensive firearms. A bedside quick-access lockbox lets an adult reach a loaded firearm fast while keeping it away from children.
• Unloaded long-gun storage. Long guns kept for sport or hunting are best stored unloaded with ammunition kept separately.

Storage During Hospitalization or Incapacity

A firearm owner who expects a period of incapacity (surgery, hospitalization, illness) can consider:

• Temporary transfer to a trusted person who is lawful to possess, keeping in mind 18 U.S.C. 922(d) and W. Va. Code 61-7-10, which prohibit transferring a firearm to a prohibited person.
• Secured storage in the home if no one else will have access.
• FFL holding. A federal firearms dealer can sometimes hold a firearm, though returning it generally involves a transfer back with a NICS check.

Storage of an Inherited or NFA Firearm

A firearm acquired by inheritance is subject to the same storage considerations. The heir should:

1. Confirm lawful-possession status (no prohibiting condition under W. Va. Code 61-7-7 or 18 U.S.C. 922).
2. Secure the firearm in a lockbox or safe.
3. Verify any National Firearms Act status. Suppressors, short-barreled rifles and shotguns, and machine guns are registered under the NFA (26 U.S.C. 5841), and W. Va. Code 61-7-9 requires full compliance with federal law for fully automatic weapons. An NFA item passing to a lawful heir transfers on an ATF Form 5 (tax-exempt). Where federal law requires a chief law-enforcement officer certification to make or transfer a covered firearm, W. Va. Code 61-7-16 directs that officer to act on the request within 30 days and to certify unless the applicant is prohibited.

Storage at Second Residences

A vacation home, hunting cabin, or second residence used intermittently is more vulnerable to burglary and firearm theft. Practical steps:

• Use a secure safe rather than a casual lockbox.
• Bolt the safe to the floor or wall.
• Limit the number of firearms stored at the second residence.
• Ask a neighbor or local law enforcement to keep an eye on the property when it is unoccupied.

Storage and Use-of-Force Readiness

A firearm locked in a safe may not be readily accessible during a sudden home invasion. There is a genuine tension between secure storage, which keeps a firearm from unauthorized hands, and ready access, which enables lawful defense. Common approaches:

• Quick-access lockbox at the bedside that opens in seconds by biometric or simplex combination.
• Carry on the body when at home, which is both secure and immediately available.
• Layered storage with a small handgun in a quick-access lockbox and other firearms in a larger safe elsewhere in the home.

W. Va. Code 61-7-17 preserves the common-law right of defense of self and others, and the state's civil-immunity statute for justified use of force is W. Va. Code 55-7-22.

Federal Gun-Free School Zones and Storage

Under 18 U.S.C. 922(q), the federal Gun-Free School Zones Act restricts possession of a firearm within 1,000 feet of a school. The Act exempts a person licensed by the state in which the school is located where the state requires a background check before issuance. A West Virginia concealed handgun license issued under W. Va. Code 61-7-4 provides this exemption. A person carrying under West Virginia's permitless-carry rule, without that license, does not get the federal license exemption, so a handgun stored in a vehicle parked within a school zone can raise federal exposure even when the storage is otherwise lawful under state law.

Reporting Lost or Stolen Firearms

West Virginia does not impose a mandatory reporting requirement for lost or stolen firearms, but reporting is strongly recommended:

• Police report with the local agency to preserve evidence, assist recovery, and document the loss.
• ATF reporting for stolen FFL inventory or NFA items (mandatory for FFLs and special occupational taxpayers).
• Insurance claim under any rider or homeowner policy covering firearms.

A documented police report is important if a lost or stolen firearm is later used in a crime, because it establishes that the firearm had left the owner's possession before the criminal use.

Key Statutes

This guide is general information, not legal advice. Storage decisions can carry civil and criminal consequences. Consult a West Virginia attorney for advice on your situation.

West Virginia Use of Force Laws

The Headline

West Virginia recognizes both stand your ground and the castle doctrine. These principles are codified for civil purposes in W. Va. Code 55-7-22, a statute titled "Civil Relief for Persons Resisting Certain Criminal Activities." In a criminal prosecution, self-defense in West Virginia is a justification defense developed through long-standing West Virginia common law, and W. Va. Code 55-7-22 closely tracks those same principles.

The key points to understand:

1. No duty to retreat in your home. A lawful occupant of a home or residence has no duty to retreat from an intruder or attacker (W. Va. Code 55-7-22(a) and (b)).
2. No duty to retreat outside the home. A person who is not engaged in unlawful activity and who is attacked anywhere he or she has a legal right to be may stand his or her ground and, when the statutory test is met, use deadly force without retreating (W. Va. Code 55-7-22(c)).
3. Civil immunity. Justified use of force is a "full and complete defense" to any civil action brought by the intruder or attacker (W. Va. Code 55-7-22(d)).

Read 55-7-22 carefully. It does not contain a Florida-style "rebuttable presumption" of fear, it does not award attorney fees, and it does not extend the castle doctrine to a motor vehicle. Those provisions exist in some other states but not in the West Virginia statute.

What W. Va. Code 55-7-22 Actually Says

W. Va. Code 55-7-22 is the principal use-of-force statute. Here is the structure of the actual text.

(a) Force inside the home or residence

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, if the occupant:

1. Reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence; or
2. Reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and reasonably believes that deadly force is necessary.

(b) No duty to retreat in the home

A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a).

(c) No duty to retreat outside the home (stand your ground)

A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker. Such a person may use deadly force against an intruder or attacker in a place that is not his or her residence, without a duty to retreat, if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force.

(d) Civil immunity

The justified use of reasonable and proportionate force under this section is a full and complete defense to any civil action brought by an intruder or attacker against the person who used the force.

(e) Who loses the defense

The full and complete civil defense is not available to a person who:

1. Is attempting to commit, is committing, or is escaping from the commission of a felony;
2. Initially provokes the use of force against himself, herself, or another with the intent to use that force as an excuse to inflict bodily harm upon the assailant; or
3. Otherwise initially provokes the use of force against himself, herself, or another, unless he or she withdraws from physical contact with the assailant and clearly indicates a desire to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

(f) Booby traps are excluded

The protections of this section do not apply to the creation of a hazardous or dangerous condition on or in any real or personal property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct. In plain terms, spring guns and booby traps are not protected.

(g) No right to resist law enforcement

Nothing in W. Va. Code 55-7-22 authorizes or justifies a person to resist or obstruct a law enforcement officer acting in the course of his or her duty.

Civil Defense Versus Criminal Defense

W. Va. Code 55-7-22 sits in Chapter 55 (Actions, Suits and Arbitration). By its own terms it creates a defense to a civil action brought by an intruder or attacker. It is the statute you raise to defeat a lawsuit for damages.

In a criminal case, self-defense in West Virginia is a justification defense recognized at common law and applied by the courts. The substantive principles run parallel to the statute: a person may use deadly force when he or she reasonably believes it necessary to prevent imminent death or serious bodily harm, and there is no general duty to retreat from a place where the person has a lawful right to be. When self-defense is raised in a criminal trial and supported by evidence, West Virginia case law places on the prosecution the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense. The statute and the common-law defense are consistent with one another, but they are not the same legal instrument.

Justifiable Deadly Force: The Statutory Test

Under W. Va. Code 55-7-22, deadly force is justified in two settings:

1. Inside the home or residence (subsection (a)): against an intruder or attacker, to prevent forcible entry or terminate an unlawful entry, where the occupant reasonably apprehends death or serious bodily harm, or reasonably believes the intruder intends to commit a felony in the home and that deadly force is necessary.
2. Outside the home (subsection (c)): where the person is not engaged in unlawful activity, is in a place he or she has a legal right to be, and reasonably believes that he, she, or another is in imminent danger of death or serious bodily harm that can only be prevented by deadly force.

The touchstone is reasonable belief, not certainty. A person who reasonably perceives a deadly threat may act on that perception. But the belief must be reasonable, and the force must be both reasonable and proportionate, which is the standard the statute repeats throughout.

Imminence and Proportionality

Both the statute and West Virginia common law require that the threat be imminent. A danger that is speculative, future, or already over does not justify the present use of deadly force.

Force must also be proportionate to the threat. The statute uses the words "reasonable and proportionate force" in subsections (a) and (c). A minor, non-deadly assault does not justify deadly force. An imminent threat of death or serious bodily harm does. Courts evaluate the totality of the circumstances, including the relative size and ability of the parties, prior threats, the presence of weapons, and the immediacy of the danger.

Castle Doctrine in Detail

The castle doctrine in W. Va. Code 55-7-22(a) and (b) protects a lawful occupant of a home or other place of residence. The statute does not extend the castle doctrine to a motor vehicle or to a business, so do not assume vehicle or workplace protections that the text does not provide.

Key features of the home provision:

• It applies to a lawful occupant, not a trespasser or someone unlawfully present.
• It applies against an intruder or attacker who is making or attempting a forcible or unlawful entry, or who is already unlawfully inside.
• It removes the duty to retreat within the home (subsection (b)).
• It permits deadly force where the occupant reasonably apprehends death or serious bodily harm, or reasonably believes the intruder intends to commit a felony in the home and that deadly force is necessary.

The protection does not reach a person resisting a law enforcement officer acting in the line of duty (subsection (g)), and it does not protect a person who is committing or escaping a felony or who provoked the confrontation (subsection (e)).

The Initial Aggressor Rule

W. Va. Code 55-7-22(e) denies the defense to a person who provokes the encounter. There are two distinct provocation rules:

1. A person who provokes force with the intent to use that force as an excuse to harm the assailant loses the defense entirely (subsection (e)(2)).
2. A person who otherwise initially provokes the use of force loses the defense unless he or she withdraws from physical contact, clearly communicates a desire to withdraw and stop, and the assailant nonetheless continues or resumes the use of force (subsection (e)(3)). At that point the right to defend may be regained.

Defense of Others

W. Va. Code 55-7-22 expressly covers the defense of another person. Subsection (a) refers to protecting "others in the home or residence," and subsection (c) authorizes force where "he or she or another is in imminent danger of death or serious bodily harm." A defender steps into the position of the person being defended: if that person would be entitled to use force, the defender generally may act to protect them, subject to the same reasonableness and proportionality limits.

Defense of Property

W. Va. Code 55-7-22 codifies the castle doctrine for the home or residence. It does not authorize deadly force to protect property by itself.

As a general matter under West Virginia common law:

• Non-deadly force may be used to prevent or terminate a trespass or theft.
• Deadly force is not justified to defend property alone. Deadly force becomes available only when there is also an imminent threat of death or serious bodily harm to a person, which brings the situation back within the statutory test in subsection (a) or (c).

Note also subsection (f): rigging a property to injure an intruder, such as a spring gun or booby trap, is excluded from the statute's protection.

Criminal Charges That Can Follow a Use of Force

When a use of force is not justified, West Virginia's assault and battery statute, W. Va. Code 61-2-9, supplies the most common charges:

• Malicious assault (malicious shooting, stabbing, cutting, or wounding with intent to maim, disfigure, disable, or kill) is a felony punishable by two to ten years in a state correctional facility (61-2-9(a)).
• Unlawful assault (the same act done unlawfully but not maliciously) is a felony punishable by one to five years, or alternatively up to twelve months in jail and a fine up to $500 (61-2-9(a)).
• Assault (attempting a violent injury, or placing another in reasonable apprehension of immediate violent injury) is a misdemeanor punishable by up to six months in jail or a fine up to $100, or both (61-2-9(b)).
• Battery (unlawful and intentional physical contact of an insulting or provoking nature, or causing physical harm) is a misdemeanor punishable by up to twelve months in jail or a fine up to $500, or both (61-2-9(c)).

Separately, brandishing a firearm or other deadly weapon in a way that causes or threatens a breach of the peace is unlawful under W. Va. Code 61-7-11, whether or not the person is licensed to carry. It is a misdemeanor punishable by a fine of $50 to $1,000, or confinement in the county jail for ninety days to one year, or both. Displaying a weapon in a manner that is not a justified defensive response can support a brandishing charge.

Who May Lawfully Carry the Defensive Weapon

The use-of-force analysis assumes the person was lawfully armed. Under W. Va. Code 61-7-7(c), a person at least twenty-one years of age, who is a United States citizen or legal resident, who is not prohibited from possessing a firearm under state law, and who is not prohibited under 18 U.S.C. 922(g) or (n), may carry a concealed deadly weapon without a license. W. Va. Code 61-7-7(a) and (b) list the categories of persons prohibited from possessing firearms, and unlawful possession by a prohibited person carries its own penalties.

After a Defensive Use of Force

A person who uses defensive force should treat the aftermath as the start of a criminal investigation:

1. Call 911 and report that you were attacked and defended yourself.
2. Cooperate with responding officers to the extent of identifying yourself and stating that you were the victim of an attack.
3. Decline a detailed statement until you have spoken with an attorney. You have the right to remain silent.
4. Preserve the scene. Do not move the firearm or alter evidence if it can be avoided.
5. Contact a lawyer as soon as practical.

If the elements of W. Va. Code 55-7-22 are met, the use of force is a complete civil defense, and the parallel common-law justification defense applies in any criminal case. Cooperation and counsel protect you while that determination is made.

Federal Note

West Virginia's civil immunity is a matter of state law. It does not bar a separate federal prosecution or a federal civil-rights claim, which are governed by their own standards.

One federal statute deserves a mention because it overrides any state self-defense rule about where you may be armed. Under 18 U.S.C. 930, knowingly possessing a firearm or other dangerous weapon in a federal facility (other than a federal court facility) is a federal offense punishable by a fine or up to one year of imprisonment, with greater penalties for possession with intent to use it in a crime. Carrying into a federal facility is not protected by state law, and a defensive justification under W. Va. Code 55-7-22 does not authorize the underlying possession.

Key Statutes

West Virginia Castle Doctrine and Stand Your Ground

The Headline

West Virginia's home-defense and stand-your-ground rules live in one civil statute, W. Va. Code 55-7-22, titled "Civil Relief for Persons Resisting Certain Criminal Activities." The statute does three things:

1. Defense of the home. A lawful occupant of 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 or terminate a forcible, unlawful entry, when the conditions in the statute are met.
2. No duty to retreat. A lawful occupant has no duty to retreat from an intruder or attacker in the home, and a person who is not engaged in unlawful activity has no duty to retreat from a place he or she has a legal right to be outside the home.
3. Civil defense. Force that is justified under the statute is a full and complete defense to any civil action brought by the intruder or attacker.

One important caution before going further. W. Va. Code 55-7-22 does not create a Florida-style "presumption" of reasonable fear, and it does not mention motor vehicles. The defender still has to show that the statutory conditions were met. Read the actual statute below rather than relying on summaries written for other states.

Statutory Authority: W. Va. Code 55-7-22

The statute is written in seven subsections, (a) through (g). It sits in Chapter 55 (Actions, Suits and Arbitration), not in the criminal code, because its primary effect is to provide a civil defense to a defender who is later sued by the person against whom force was used. The substantive justification for using force, and the criminal self-defense analysis, also draw on West Virginia common law, but the text of 55-7-22 is the controlling statutory statement.

Defense of the Home: W. Va. Code 55-7-22(a) and (b)

Subsection (a) provides that 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, if either of these is true:

1. The occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home or residence; or
2. The occupant reasonably believes that the intruder or attacker intends to commit a felony in the home or residence and reasonably believes that deadly force is necessary.

Subsection (b) provides that, in the circumstances described in subsection (a), the lawful occupant does not have a duty to retreat from an intruder or attacker.

What the home-defense rule does

• Authorizes deadly force in the home against a forcible, unlawful intruder or attacker when one of the two statutory conditions is met.
• Removes the duty to retreat inside the home. The occupant does not have to flee out a back door before defending the residence.
• Covers prevention and termination. Force may be used both to stop a forcible entry in progress and to end an unlawful entry that has already occurred.

What the home-defense rule does not do

• It does not create a presumption. West Virginia's statute, unlike some other states, contains no language presuming that the occupant had a reasonable fear. The occupant must still establish that the apprehension of death or serious bodily harm, or the belief about a felony, was reasonable.
• It does not cover motor vehicles. Subsection (a) speaks only of a "home or other place of residence." It does not extend the home-defense rule to an occupied vehicle. A defender attacked in a vehicle relies on the general stand-your-ground rule in subsection (c), not the home-defense rule.
• It does not authorize force against lawful entrants. Invited guests, residents, family members, and others lawfully present are not intruders or attackers making a forcible, unlawful entry.
• It does not authorize resisting law enforcement. See subsection (g) below.

What Counts as "Home or Other Place of Residence"

The statute uses "home or other place of residence" without a separate definition section. In ordinary usage this covers a house, apartment, condominium, mobile home, or other living quarters where a person resides, including temporary residences such as a hotel room. Detached outbuildings (a separate shed, barn, or detached garage) are not clearly within "home or other place of residence," and a defender relying on the statute for force used away from the residence itself should not assume the home-defense rule reaches them. Force in those settings is analyzed under the general self-defense and stand-your-ground principles instead.

Stand Your Ground: W. Va. Code 55-7-22(c)

Subsection (c) addresses defense outside the home. A person who is not engaged in unlawful activity, and who is attacked in any place he or she has a legal right to be outside of his or her home or residence, may use reasonable and proportionate force against an intruder or attacker. That person may use deadly force, without a duty to retreat, if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force.

Two conditions limit subsection (c):

• The person must be not engaged in unlawful activity at the time.
• The person must be in a place he or she has a legal right to be.

A person who is trespassing, who has been lawfully ejected, or who is committing a crime at the time of the encounter does not get the benefit of the no-duty-to-retreat rule in subsection (c).

Stand Your Ground is broader than the home-defense rule in one sense: it reaches any place the person is lawfully present, including a vehicle, a workplace, or a public street. It is narrower in another sense: deadly force under subsection (c) requires a reasonable belief of imminent danger of death or serious bodily harm that can only be averted by deadly force.

Civil Defense: W. Va. Code 55-7-22(d) and (e)

Subsection (d) provides that the justified use of reasonable and proportionate force under the statute is a full and complete defense to any civil action brought by an intruder or attacker against the person who used the force.

Subsection (e) lists who cannot use that civil defense. The full and complete civil defense is not available to a person who:

1. Is attempting to commit, is committing, or is escaping from the commission of a felony;
2. Initially provokes the use of force against himself, herself, or another with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or
3. Otherwise initially provokes the use of force against himself, herself, or another, unless he or she withdraws from physical contact with the assailant and clearly indicates a desire to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

The statute frames this protection as a civil defense, not as a separately codified grant of immunity with its own pretrial procedure. The text does not provide for an award of attorney's fees, and it does not set out a special evidentiary hearing. A defender who wants the benefit of subsection (d) raises it as a defense in the civil case.

Two More Limits: W. Va. Code 55-7-22(f) and (g)

• No booby traps. Subsection (f) provides that the statute does not apply to the creation of a hazardous or dangerous condition on or in any real or personal property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct. Spring guns and similar traps are not protected.
• No resisting law enforcement. Subsection (g) provides that nothing in the statute authorizes or justifies a person to resist or obstruct a law-enforcement officer acting in the course of his or her duty. An officer executing a warrant or otherwise acting lawfully is not an "intruder or attacker."

Practical Application: The Home Invasion Scenario

• Late-night break-in. An intruder kicks down the front door of an occupied residence. The occupant, lawfully present, retrieves a handgun.
• The home-defense rule applies. This is a forcible, unlawful entry by an intruder. Under subsection (a), if the occupant reasonably apprehends death or serious bodily harm, or reasonably believes the intruder intends to commit a felony in the home and that deadly force is necessary, deadly force is justified.
• No duty to retreat. Under subsection (b), the occupant does not have to flee, even if a back door is available.
• Civil defense. If the force is justified, subsection (d) provides a full and complete defense to a later civil suit by the intruder, unless one of the subsection (e) disqualifiers applies.

Practical Application: The Bar-Fight Scenario

• Argument in a bar. Two patrons exchange words, the argument escalates, and one pushes the other, who then draws a handgun.
• The home-defense rule does not apply. This is not a home or residence.
• Stand Your Ground may apply. Under subsection (c), a patron who is not engaged in unlawful activity and is lawfully in the bar has no duty to retreat, but deadly force is justified only on a reasonable belief of imminent danger of death or serious bodily harm.
• Proportionality controls. A push, without more, does not create a reasonable belief of imminent death or serious bodily harm. Drawing and using a firearm in response to a shove is not proportionate and is not justified. The patron may meet a shove with reasonable, proportionate non-deadly force, and may escalate only if the attacker escalates to a deadly threat.
• Civil defense follows justification. If the force is justified, subsection (d) applies. If it is excessive, the civil defense is not available.

Reporting the Incident

After any use of force, a defender should:

1. Call 911. Report that you were attacked and defended yourself, and request medical help if anyone is injured.
2. Cooperate to confirm the basic facts with responding officers.
3. Decline to give a detailed statement until you have spoken with a lawyer.
4. Preserve the scene. Do not move the firearm, alter evidence, or interfere with witnesses.
5. Contact a West Virginia attorney promptly.

Federal Considerations

W. Va. Code 55-7-22 is a state-law defense. Federal law applies independently in some settings:

• Federal facilities. Possession of a firearm in a federal facility is governed by 18 U.S.C. 930, which carries its own offenses and exceptions.
• Prohibited persons. A person who is federally barred from possessing a firearm under 18 U.S.C. 922(g) commits a federal possession offense regardless of whether a use of force would have been justified under state law. The state justification defense does not cure the federal possession charge. West Virginia's permitless-carry statute, W. Va. Code 61-7-7(c), itself conditions lawful concealed carry on not being prohibited under 18 U.S.C. 922(g) or (n).

A person who is federally prohibited from possessing a firearm cannot lawfully use that firearm in self-defense, even where the use of force would otherwise be justified under state law.

Key Statutes

West Virginia Duty to Inform Law Enforcement

The Headline

West Virginia has no statutory duty to inform a peace officer that you are armed. Nothing in W. Va. Code Chapter 61, Article 7 (Dangerous Weapons) requires a person carrying a firearm to volunteer that fact during a traffic stop, a pedestrian encounter, or any other law-enforcement interaction. The absence of a duty applies to every lawful carrier: a person 21 or older carrying without a license (permitless carry), a license holder under W. Va. Code 61-7-4, and a provisional license holder under W. Va. Code 61-7-4a.

The absence of a duty does not mean a carrier may lie. If an officer asks whether you are armed, answer truthfully. A carrier may also choose to volunteer the information for safety reasons even though no statute requires it.

Statutory Authority

West Virginia is a permitless carry state. The crime of carrying a concealed deadly weapon without a license is set out in W. Va. Code 61-7-3, but by its terms that section applies only to a person under twenty-one years of age who carries concealed without a provisional license or other lawful authorization. A person 21 or older who may lawfully possess a firearm is not prohibited from carrying concealed and needs no license. That is why no general carry statute attaches a notification requirement.

W. Va. Code 61-7-4 creates the optional license to carry a concealed deadly weapon, and W. Va. Code 61-7-4a creates the provisional license available to applicants who are at least 18 and under 21. Neither section requires the holder to announce the license or the firearm to a peace officer. Article 7 contains no duty-to-inform provision of any kind.

West Virginia traffic law separately requires a driver to produce a driver's license and vehicle registration on a lawful request during a traffic stop. That requirement is about identifying the driver and the vehicle. It does not require disclosure of a firearm.

What Officers May Ask

A peace officer may ask any question during a lawful encounter. What the carrier owes in response depends on the question:

• Identity questions. During a traffic stop or a brief investigative detention, an officer may ask the driver or a detained person to identify themselves. West Virginia does not have a broad stop and identify statute that compels a pedestrian to produce identification in every street encounter, but a driver must produce a license during a traffic stop, and giving a false name or false identification to an officer can be a separate offense.
• "Are you armed?" Answer truthfully. A false statement to an officer in connection with an investigation can expose the carrier to obstruction or false swearing charges under West Virginia criminal law.
• "Where is the firearm?" Answer truthfully. Stating the location helps the officer maintain situational awareness.
• "May I see your license?" A license holder who is asked should produce the concealed weapon license. Information identifying a license holder is confidential under W. Va. Code 61-7-4(r), but that confidentiality binds the agencies that hold the records, not the carrier during an encounter.

What the Carrier May Choose to Volunteer

Even though no duty exists, many carriers volunteer the information for safety reasons. Volunteering early reduces the chance that an officer is surprised by a firearm during a pat-down or a reach for documents. Common voluntary statements:

• "Officer, before we go further, I want to let you know I am carrying a concealed handgun on my right hip. How would you like me to proceed?"
• "Officer, I have a firearm in the glovebox along with my registration. Tell me how you want me to get the documents."

Voluntary disclosure has practical benefits:

• Reduces officer surprise. An officer who already knows about the firearm is less likely to react reflexively if it becomes visible.
• Demonstrates good faith. A calm, early disclosure signals cooperation and usually improves the tenor of the stop.
• Eliminates ambiguity. A plain statement of fact replaces guesswork.

What the Carrier Should Not Do

• Do not produce the firearm to "show" the officer. Drawing or handling a firearm during an encounter is dangerous. State the location and let the officer direct any handling.
• Do not reach toward the firearm, or toward a glovebox or console that holds it, without first telling the officer and getting direction. Sudden movement near a firearm is a leading cause of avoidable shootings during routine stops.
• Do not lie about being armed. A false statement exposes the carrier to criminal charges and undermines any later defense to a use-of-force prosecution.
• Do not refuse a lawful request to identify yourself as a driver. Refusal during a traffic stop can be a separate offense.

Encounter Mechanics

A practical script for a traffic stop while armed:

1. Pull over safely. Signal, ease to the shoulder, and stop fully.
2. Turn off the engine. Roll down the driver's window. Turn on the interior dome light if it is dark.
3. Place your hands on the steering wheel where the officer can see them.
4. Greet the officer civilly. Do not start reaching for documents until asked.
5. When the officer requests license and registration, state your intent before moving. Example: "Officer, my license is in my wallet in my back pocket. May I retrieve it?"
6. If you are armed, volunteer it before you move. Example: "Officer, before I move, I want you to know I am carrying a concealed handgun on my right hip. How would you like me to proceed?"
7. Follow the officer's directions. Step out calmly if asked. State the firearm's location precisely if asked. Comply if the officer wants to secure the firearm during the stop.

Pedestrian Encounters

An officer who has reasonable suspicion that a person is armed and dangerous may pat down the person's outer clothing for weapons during a lawful detention. A pat-down typically detects a holstered or pocketed firearm. If you are armed during a pedestrian encounter:

• Keep your hands visible. Do not reach toward the firearm.
• Volunteer the information if the encounter is at all extended. "Officer, I want you to know I am carrying a concealed handgun."
• Follow the officer's directions during any pat-down.

Federal Law Enforcement Encounters

Federal officers (FBI, DEA, ATF, U.S. marshals) act under federal law. West Virginia's no-duty rule does not bind them. Federal officers usually ask directly whether you are armed; answer truthfully. Knowingly making a materially false statement to a federal officer is a federal felony under 18 U.S.C. 1001, punishable by a fine and up to five years in prison.

Out-of-State Travel

When you leave West Virginia, the duty-to-inform rules can change. A number of states impose an affirmative duty: the carrier must announce that they are armed during a traffic stop or detention, sometimes without being asked. A West Virginia carrier traveling under reciprocity is bound by the host state's rule, not by West Virginia's no-duty rule. Confirm the destination state's current law before you travel, because the list of duty-to-inform states and the scope of each rule change over time.

Penalties for False Statements

There is no penalty for staying silent when you are not asked. There can be a penalty for lying. A carrier who lies about being armed during a police encounter may face:

• Obstruction of an officer under West Virginia criminal law.
• False swearing if the false statement is made under oath. W. Va. Code 61-7-4(f) treats falsification of a license application as false swearing, which signals how seriously the state treats sworn falsehoods in this area.
• Federal false-statement charges under 18 U.S.C. 1001 if the lie is made to a federal officer.

A carrier should never lie. The real choice is between voluntary disclosure and staying silent when not asked.

Practical Summary

• No duty to inform under West Virginia law.
• Must answer truthfully if asked.
• Recommended to volunteer the information during any extended encounter for safety.
• Always follow the officer's directions, including any direction to secure the firearm during the stop.
• Out-of-state travel: check the destination state's law, because some states have an affirmative duty to inform.

Key Statutes

West Virginia Firearms and Alcohol or Drugs

The Headline

West Virginia does not have a statute that criminalizes carrying a firearm while temporarily intoxicated the way many states do. There is no "0.08% blood alcohol while carrying" firearm offense in the West Virginia Code. The relevant restrictions are status based and habit based, not a single-drink, single-moment standard.

The firearm prohibitions tied to alcohol and drugs come from three sources:

• W. Va. Code 61-7-7(a)(2) and (a)(3): a person who is habitually addicted to alcohol, or who is an unlawful user of or habitually addicted to a controlled substance, may not possess a firearm.
• W. Va. Code 61-7-4(b)(4): an applicant for the optional concealed handgun license must not be addicted to or an unlawful user of alcohol, a controlled substance, or a drug, measured by a three year lookback.
• 18 U.S.C. 922(g)(3): federal law bars any unlawful user of, or person addicted to, a controlled substance from possessing firearms or ammunition. This is the provision that reaches cannabis users.

Because West Virginia is a constitutional carry state under W. Va. Code 61-7-7(c), the under-influence questions are about who may lawfully possess a firearm at all, not about a separate carry-while-drinking permit condition.

What West Virginia Law Actually Prohibits

W. Va. Code 61-7-7(a) lists the persons who may not possess a firearm. Two of those categories involve alcohol or drugs:

• 61-7-7(a)(2): a person who is "habitually addicted to alcohol."
• 61-7-7(a)(3): a person who is "an unlawful user of or habitually addicted to any controlled substance."

These are status categories. The statute speaks to habitual addiction and to unlawful use, not to a person who has a single drink. A person who is habitually addicted, or who is an unlawful user of a controlled substance, is a prohibited person and may not possess a firearm at all.

Violating 61-7-7(a) is a misdemeanor. On conviction the penalty is a fine of not less than $100 nor more than $1,000, or confinement in the county jail for not less than ninety days nor more than one year, or both.

The Concealed Carry Enhancement

W. Va. Code 61-7-7(d) is a separate and additional offense. It applies to a person who is prohibited under 61-7-7(a), including a person prohibited because of habitual alcohol addiction or unlawful controlled substance use, who then carries a concealed firearm. That conduct is a felony. On conviction the penalty is confinement in a state correctional facility for not more than three years, or a fine of not more than $5,000, or both.

So a person who falls into the alcohol or drug status categories faces two layers of exposure: the misdemeanor for possession under 61-7-7(a), and the felony under 61-7-7(d) if that prohibited person carries concealed.

(Note: 61-7-7(d) is not, despite some secondary summaries, an "under the influence" statute with a blood alcohol threshold. The West Virginia Code contains no such threshold for firearm carry. Treat any 0.08% "carrying under the influence" claim as inaccurate.)

The License Standard for Alcohol and Drugs

The optional concealed handgun license under W. Va. Code 61-7-4 is not required for an adult 21 or older who may lawfully possess a firearm, but many residents still obtain it for reciprocity. The license has its own alcohol and drug standard.

Under W. Va. Code 61-7-4(b)(4), an applicant must affirm that he or she is not addicted to alcohol, a controlled substance, or a drug, and is not an unlawful user thereof, as evidenced by either of the following within the three years immediately prior to the application:

• Residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment; or
• Two or more convictions for driving while under the influence or driving while impaired.

This is the only place in the carry framework where impaired driving convictions matter, and it matters only for the optional license. Two or more DUI or DWI convictions inside the three year window can disqualify a license applicant. A single DUI does not automatically trigger this disqualifier.

The provisional license for applicants 18 to 20 years old, W. Va. Code 61-7-4a, carries the same alcohol and drug standard.

License Revocation

W. Va. Code 61-7-5 provides that a license to carry a deadly weapon is deemed revoked at the time the licensee becomes unable to meet the criteria for initial licensure in 61-7-4. A licensee who later develops a disqualifying addiction, or who accumulates two or more DUI or DWI convictions within the relevant window, can lose the license on that basis. The statute requires the person to surrender the license to the issuing sheriff upon becoming ineligible.

Revocation of the license does not, by itself, restore a right to carry that a person never lost, because constitutional carry under 61-7-7(c) is separate from the license. But a person who is a prohibited person under 61-7-7(a) cannot rely on constitutional carry either.

The Federal Controlled Substance Prohibitor

18 U.S.C. 922(g)(3) makes it unlawful for any person who is an unlawful user of or addicted to any controlled substance, as defined in the Controlled Substances Act, to possess any firearm or ammunition. This federal prohibition is broader and more durable than a momentary impairment test. It turns on user status, not on whether the person is high at a particular instant.

Cannabis is the most common trap. Marijuana remains a Schedule I controlled substance under federal law. A regular cannabis user, including a person enrolled in West Virginia's medical cannabis program under W. Va. Code Chapter 16A, is treated as an unlawful user of a controlled substance for purposes of 922(g)(3) and is federally barred from possessing firearms and ammunition. West Virginia's state-law medical cannabis authority does not change the federal prohibition.

A knowing violation of 18 U.S.C. 922(g) is punishable under 18 U.S.C. 924(a)(8) by a fine, imprisonment for not more than fifteen years, or both.

West Virginia's own controlled substance scheme is in W. Va. Code Chapter 60A, the Uniform Controlled Substances Act, and the medical cannabis program is in Chapter 16A. Neither chapter creates a state-law firearm exemption for cannabis users.

Discharge and Reckless Conduct While Impaired

West Virginia does not need an "under the influence" firearm statute to punish dangerous conduct. If an impaired person handles a firearm recklessly, W. Va. Code 61-7-12 applies. That statute makes it a felony to wantonly perform any act with a firearm that creates a substantial risk of death or serious bodily injury to another. On conviction the penalty is confinement for a definite term of not less than one year nor more than five years, or, in the court's discretion, confinement in the county jail for not more than one year, or a fine of not less than $250 nor more than $2,500, or both.

Impairment is the kind of fact a prosecutor uses to show that an act was wanton. Alcohol or drug use does not create the wanton endangerment charge by itself, but it makes the charge much easier to prove.

Effect on Self-Defense

West Virginia's civil self-defense immunity is in W. Va. Code 55-7-22. Subsection (d) provides that justified use of reasonable and proportionate force is a full and complete defense to any civil action brought by an intruder or attacker. Subsection (e) lists the situations where that civil defense is not available: a person committing or escaping from a felony, a person who provoked the confrontation to use force as an excuse to inflict harm, and a person who otherwise initially provoked the use of force without withdrawing.

Intoxication is not listed as an automatic exclusion in 55-7-22(e). But impairment still hurts a self-defense claim in practical terms. If the impaired person is a prohibited possessor under 61-7-7(a), the underlying possession is itself a crime, and if the impaired conduct was wanton or provoked the encounter, the exclusions in 55-7-22(e) can apply. Impairment also undermines the reasonableness of the defender's perception, which is the core of any justification defense.

Practical Guidance

• There is no single-drink firearm crime in West Virginia, but do not treat that as permission. Reckless handling while impaired is a felony under 61-7-12, and being a habitual addict or unlawful drug user makes mere possession a crime under 61-7-7(a).
• If you hold the optional license, two or more DUI or DWI convictions within three years, or court-ordered alcohol or drug treatment within three years, can disqualify or revoke it under 61-7-4 and 61-7-5.
• Cannabis use, including state-legal medical cannabis, makes you a prohibited person under federal law (18 U.S.C. 922(g)(3)) with up to fifteen years of exposure under 924(a)(8). Do not possess firearms while you are a cannabis user.
• The safest practice is to disarm and secure the firearm before drinking or using any impairing substance, and to resume carry only once you are no longer impaired.

Key Statutes

West Virginia Firearm and Weapon Restrictions

The Headline

West Virginia's firearm restrictions sit at the permissive end of the U.S. regulatory spectrum. The state imposes no assault-weapon ban, no magazine-capacity restriction, no red-flag law, no permit-to-purchase requirement, and no state-level background-check mandate for private sales. Federal restrictions under Title 18 of the U.S. Code apply, and a focused set of state-law restrictions in W. Va. Code Chapter 61, Article 7 (Dangerous Weapons) govern prohibited persons, prohibited places, and specific weapon categories.

This section catalogs the operative restrictions and corrects the offense grades and penalties to match the statute text.

What Is Not Restricted Under West Virginia Law

For context, West Virginia does not restrict:

• Magazine capacity. No state cap on rifle, shotgun, or handgun magazines.
• "Assault weapons" by definition. No state-level assault-weapon ban. West Virginia tracks the federal NFA framework only.
• Universal background checks. No state requirement that private firearm transfers go through a federal firearms licensee (FFL).
• Permit to purchase. No state permit is required to acquire a firearm. The federal NICS check at the dealer counter is the only background-check trigger for an in-state dealer purchase.
• Waiting periods. No state-imposed waiting period at the point of purchase.
• Red flag / Extreme Risk Protection Orders. West Virginia has not enacted an ERPO statute.

West Virginia has been a constitutional (permitless) carry state since 2016. Under W. Va. Code 61-7-7(c), a person at least 21 years old, who is a U.S. citizen or legal resident, who is not prohibited from possessing a firearm under W. Va. Code 61-7-7, and who is not prohibited under 18 U.S.C. 922(g) or (n), may carry a concealed deadly weapon without a license. Persons 18 to 20 may carry concealed only with a provisional license under W. Va. Code 61-7-4a.

Prohibited Persons - W. Va. Code 61-7-7

W. Va. Code 61-7-7(a) lists the persons prohibited from possessing a firearm in West Virginia. "Firearm" is defined in W. Va. Code 61-7-2. The categories are:

1. Felony-level conviction. A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year (W. Va. Code 61-7-7(a)(1)).
2. Habitual alcohol addiction (W. Va. Code 61-7-7(a)(2)).
3. Unlawful user of, or person habitually addicted to, any controlled substance (W. Va. Code 61-7-7(a)(3)).
4. Adjudicated mentally incompetent or involuntarily committed to a mental institution under Chapter 27 or similar law of another jurisdiction (W. Va. Code 61-7-7(a)(4)).
5. Alien illegally or unlawfully in the United States (W. Va. Code 61-7-7(a)(5)).
6. Discharged from the armed forces under dishonorable conditions (W. Va. Code 61-7-7(a)(6)).
7. Subject to a qualifying domestic-violence protective order issued after notice and a hearing (W. Va. Code 61-7-7(a)(7)).
8. Convicted of a qualifying misdemeanor offense of assault or battery against a domestic relation, or a comparable misdemeanor crime of domestic violence (W. Va. Code 61-7-7(a)(8)).

A violation of subsection (a) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or confinement in jail for not less than 90 days nor more than one year, or both.

W. Va. Code 61-7-7(b) creates a heightened, felony-level prohibitor class for persons previously convicted of a felony crime of violence, a felony sexual offense, or a felony controlled-substance offense involving a Schedule I (other than marijuana), II, or III substance. A person in that class who possesses a firearm is guilty of a felony punishable by up to five years in a state correctional facility, or a fine of up to $5,000, or both.

The statute does not list "fugitive from justice" or "renounced U.S. citizenship" as separate West Virginia prohibitors, and the qualifying domestic-violence misdemeanor in subsection (a)(8) carries no five-year time limit. Those features belong to the federal prohibitor list at 18 U.S.C. 922(g), which applies independently.

Note also that carrying while intoxicated is treated separately. See the UNDER_INFLUENCE section.

Enhanced offenses for prohibited persons who carry concealed

W. Va. Code 61-7-7 adds two separate concealed-carry offenses on top of the underlying possession offense:

• A person prohibited under subsection (a) who carries a concealed firearm is guilty of a felony punishable by up to three years in a state correctional facility, or a fine of up to $5,000, or both (W. Va. Code 61-7-7(d)).
• A person prohibited under subsection (b) who carries a concealed firearm is guilty of a felony punishable by up to ten years in a state correctional facility, or a fine of up to $10,000, or both (W. Va. Code 61-7-7(e)).

Restoring the right to possess

A person prohibited under subsection (a) may petition the circuit court of the county of residence to regain the ability to possess a firearm. The court may grant relief on clear and convincing evidence of competence and capability, provided the possession would not violate federal law (W. Va. Code 61-7-7(f)). A person disqualified under subsection (a)(4) (mental adjudication or commitment) petitions under W. Va. Code 61-7A-5. A conviction that is expunged, set aside, or pardoned no longer disqualifies the person (W. Va. Code 61-7-7(g)). The subsection (f) restoration path does not apply to the felony classes in subsection (b).

Possession of Deadly Weapons by Minors - W. Va. Code 61-7-8

W. Va. Code 61-7-8 prohibits a person under 18 who is not married or otherwise emancipated from possessing or carrying, concealed or openly, any deadly weapon. The statute provides two exceptions:

• On premises owned by the minor or the minor's family, or on another person's premises with permission of the parent or guardian and the owner or lessee.
• Lawful hunting, or traveling from a place where the minor may lawfully possess the weapon to a hunting site and returning.

A violation by a person under 18 subjects the minor to the jurisdiction of the circuit court under the juvenile provisions of W. Va. Code 49-4-701 through 49-4-725, and the minor may be adjudicated delinquent.

Federal law at 18 U.S.C. 922(x) separately restricts a juvenile (under 18) from possessing a handgun, with exceptions for ranch or farm work, target practice, hunting, and certified instruction.

Brandishing - W. Va. Code 61-7-11

W. Va. Code 61-7-11 makes it unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry it or not, to carry, brandish, or use the weapon in a way or manner to cause or threaten a breach of the peace. A violation is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000, or confinement in the county jail for not less than 90 days nor more than one year, or both. The statute states a single misdemeanor offense and does not create a felony tier for repeat offenses.

The brandishing rule applies independent of carry status. Constitutional-carry users, full license holders, and provisional license holders are equally subject to brandishing liability for an unjustified display.

Wanton Endangerment Involving a Firearm - W. Va. Code 61-7-12

W. Va. Code 61-7-12 makes it a felony for any person to wantonly perform any act with a firearm that creates a substantial risk of death or serious bodily injury to another. On conviction the penalty is confinement in the penitentiary for a definite term of not less than one nor more than five years, or, in the court's discretion, confinement in the county jail for up to one year, or a fine of not less than $250 nor more than $2,500, or both. "Firearm" carries the definition in W. Va. Code 61-7-2.

This statute is distinct from a justified self-defense use of force. West Virginia recognizes a civil defense for a lawful occupant or a person lawfully present who uses reasonable and proportionate force, including deadly force, in the circumstances set out in W. Va. Code 55-7-22. See the USE_OF_FORCE and CASTLE_DOCTRINE sections.

Deadly Weapons in Schools and Courthouses - W. Va. Code 61-7-11a

W. Va. Code 61-7-11a prohibits possessing a firearm or other deadly weapon on a school bus, in or on the grounds of a primary or secondary educational facility, or at a school-sponsored function, subject to listed exceptions. A school violation is a felony punishable by a definite term of not less than two nor more than ten years in a state correctional facility, or a fine of not more than $5,000, or both. The statute also includes a parking-lot exception allowing a person 21 or older with a valid concealed handgun permit to keep a concealed handgun stored out of view in a vehicle. The same statute treats courthouses on a separate tier: simple possession of a deadly weapon in a courthouse, without intent to commit a crime, is a misdemeanor punishable by a fine of not more than $1,000 or up to one year in jail, or both, while possession in a courthouse with intent to commit a crime is a felony punishable by two to ten years. See PROHIBITED_PLACES for the full list of locations and exceptions.

Machine Guns - W. Va. Code 61-7-9

W. Va. Code 61-7-9 makes it unlawful to carry, transport, or possess any machine gun, submachine gun, or other fully automatic weapon unless the person has fully complied with the applicable federal statutes and Treasury (now Justice/ATF) rules governing such firearms. A violation is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, or confinement in the county jail for not less than 90 days nor more than one year, or both. West Virginia does not impose a separate state registration scheme; lawful federal NFA registration satisfies the state requirement. See NFA_ITEMS.

NFA CLEO Certifications - W. Va. Code 61-7-16

When a chief law-enforcement officer (CLEO) certification is required by federal law for the making, transfer, receipt, or possession of an NFA firearm, W. Va. Code 61-7-16 directs the CLEO to provide the certification within 30 days if, to the officer's knowledge, the applicant is not prohibited and is not the subject of a disqualifying proceeding. A denied applicant may appeal to the circuit court, which may order issuance and award costs and attorney's fees. "Firearm" for this section means an NFA firearm as defined in 26 U.S.C. 5845(a).

Federal Restrictions

Federal restrictions apply to all West Virginia residents:

• 18 U.S.C. 922(a)(1) - Dealer licensing. A person engaged in the business of dealing in firearms must hold an FFL.
• 18 U.S.C. 922(g) - Prohibited persons. Felons, fugitives, unlawful drug users, unlawful aliens, persons dishonorably discharged, persons adjudicated mentally defective or committed, persons subject to qualifying protective orders, and persons convicted of a misdemeanor crime of domestic violence. This subsection does not include persons under indictment.
• 18 U.S.C. 922(n) - Persons under indictment. A person under indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm. This is the federal prohibitor that 61-7-7(c) references for permitless carry eligibility.
• 18 U.S.C. 922(q) - Gun-free school zones. Possession within 1,000 feet of a school is restricted, with an exception for a person licensed by the state in which the school zone sits.
• 18 U.S.C. 922(x) - Juvenile handgun possession. Under-18 handgun prohibitions, with listed exceptions.
• 18 U.S.C. 924 - Sentencing. Includes 18 U.S.C. 924(c), which adds mandatory consecutive sentencing for using, carrying, or possessing a firearm during and in relation to (or in furtherance of) a federal crime of violence or drug-trafficking crime.
• 18 U.S.C. 930 - Federal facilities. Knowing possession of a firearm or other dangerous weapon in a federal facility (up to one year), in a federal court facility (up to two years), or with intent that it be used in a crime (up to five years).
• 49 U.S.C. 46505 - Aircraft. Carrying a concealed dangerous weapon accessible in flight, or placing a loaded firearm in inaccessible baggage, when boarding or attempting to board an aircraft, is punishable by up to ten years (up to 20 years, or life if death results, for a reckless violation). This, not 18 U.S.C. 924, is the statute that governs weapons at airport secured areas and on aircraft.
• 26 U.S.C. Chapter 53 - National Firearms Act. Federal registration and tax for suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any-other-weapons. Under Pub. L. 119-21, the NFA making and transfer tax is $200 for a machine gun or destructive device and $0 for other NFA items, effective for calendar quarters beginning more than 90 days after July 4, 2025 (the first qualifying quarter is January 1, 2026).

Federal Bump Stock Rules

ATF's 2018 bump-stock rule (27 C.F.R. Part 478) had classified bump-stock-type devices as machine guns. The U.S. Supreme Court vacated that rule in Garland v. Cargill (2024). Bump stocks are not currently regulated federally as machine guns. West Virginia has no separate state-law restriction on bump stocks.

Forced Reset Triggers (FRTs)

The federal classification of forced reset triggers has been the subject of evolving ATF action and litigation. Confirm the current federal status before acquiring an FRT.

Private Sales

West Virginia does not require a background check for a private firearm sale between residents. A prudent seller should:

1. Verify West Virginia residency (a driver's license is sufficient).
2. Verify the buyer meets the federal age floor. Under federal law a private (non-dealer) sale of a handgun to a person 18 to 20 is generally lawful, while a dealer sale of a handgun requires the buyer to be 21. Long-gun ages differ.
3. Not knowingly transfer to a prohibited person. Under 18 U.S.C. 922(d) a person who knows or has reasonable cause to believe the buyer is prohibited commits a federal felony.

Documenting the transaction with a bill of sale is good practice.

Interstate Transfers

Interstate firearm transfers must generally go through an FFL:

• 18 U.S.C. 922(a)(3). A resident generally may not receive a firearm acquired outside the state of residence except through an FFL in that state.
• Long-gun dealer sales to a non-resident face to face at the FFL are permitted if lawful in both states.
• Handgun sales to non-residents must run FFL to FFL into the buyer's state of residence.

Penalties Summary

Key Statutes

West Virginia NFA Items: Suppressors, SBRs, SBSs, Machine Guns

The Headline

West Virginia permits civilian possession of federally registered National Firearms Act (NFA) items when the owner complies with federal law. The state does not run a separate NFA licensing or registration program. For most NFA items, lawful federal registration under 26 U.S.C. Chapter 53 is enough to possess the item in West Virginia.

There is one important state-law exception. Machine guns are addressed directly by W. Va. Code 61-7-9, which makes it a crime to possess a machine gun, submachine gun, or other fully automatic weapon unless the owner has fully complied with applicable federal law and Treasury (ATF) regulations. So for machine guns, a federal violation is also a separate state crime.

NFA items addressed in this section:

• Suppressors (sound moderators). Lawful with federal registration.
• Short-barreled rifles (SBRs). Lawful with federal registration.
• Short-barreled shotguns (SBSs). Lawful with federal registration.
• Machine guns. Lawful for civilians only as pre-1986 transferable units registered before the federal machine gun freeze, and only when federal law is fully satisfied (W. Va. Code 61-7-9).
• Destructive devices (DDs). Lawful with federal registration.
• Any Other Weapons (AOWs). Lawful with federal registration.

West Virginia firearm preemption (W. Va. Code 8-12-5a) bars municipalities from regulating firearms in a manner inconsistent with state law, which limits a city's ability to add its own NFA restrictions.

Federal NFA Framework

The National Firearms Act of 1934, codified at 26 U.S.C. Chapter 53, regulates a defined set of firearms and firearm-related items:

• 26 U.S.C. 5841 (Registration). The Secretary maintains a central registry of all covered firearms not under federal control, known as the National Firearms Registration and Transfer Record (NFRTR). The registry records the identification of the firearm, the date of registration, and the person entitled to possession.
• 26 U.S.C. 5845 (Definitions). Defines firearm, machinegun, rifle, shotgun, any other weapon, destructive device, and antique firearm for NFA purposes.
• 26 U.S.C. 5861 (Prohibited acts). Among other things, makes it unlawful to receive or possess a firearm that is not registered to the possessor in the NFRTR (subsection (d)).
• 27 C.F.R. Part 479. The implementing regulations and the ATF forms used to make, transfer, and register NFA items.

Transfers and making of NFA items run through ATF forms: Form 1 (make/manufacture by the registrant), Form 4 (transfer to an individual or trust), Form 5 (tax-exempt transfer, including inheritance), and Form 3 (transfer between federal licensees). ATF approval must be obtained before the item is made or transferred.

NFA Tax Change (Public Law 119-21)

For most of the NFA's history the making tax and transfer tax were $200 per item, except that the transfer tax for an Any Other Weapon (AOW) was $5.

Public Law 119-21 changed the tax. Effective for calendar quarters beginning more than 90 days after July 4, 2025 (the first qualifying quarter is January 1, 2026), the making and transfer tax is:

• $0 for suppressors, short-barreled rifles, short-barreled shotguns, and any other weapons (AOWs).
• $200 for machine guns and destructive devices.

The registration, background-check, and ATF-approval requirements did not change. Only the dollar amount of the tax changed. The approved ATF form (still commonly called the tax stamp) remains the practical proof of lawful registered possession.

West Virginia State Law on NFA Items

W. Va. Code Chapter 61, Article 7 (Dangerous Weapons) does not separately prohibit suppressors, SBRs, SBSs, DDs, or AOWs. Two provisions are directly relevant:

• W. Va. Code 61-7-9 (Possession of machine guns; penalties). It is unlawful to carry, transport, or possess any machine gun, submachine gun, or other fully automatic weapon unless the person has fully complied with applicable federal statutes and ATF regulations. A person who lawfully possesses a federally registered, transferable machine gun therefore satisfies this section. Someone who possesses a machine gun without full federal compliance commits a separate West Virginia crime (see Penalties below).
• W. Va. Code 61-7-16 (Chief officer certification). When a chief law-enforcement officer (CLEO) certification is required by federal law or regulation to make, transfer, receive, or possess a firearm, the CLEO must, within 30 days of the request, provide the certification if to the officer's knowledge the applicant is not prohibited from making, transferring, receiving, or possessing the firearm and is not the subject of a disqualifying proceeding. A generalized objection to lawful firearms is not a valid basis to refuse. An applicant who is denied may appeal to the circuit court of the applicant's county, which may order the certification and award costs and attorney's fees. "Firearm" here has the same meaning as in the NFA, 26 U.S.C. 5845(a).

For suppressors, SBRs, SBSs, DDs, and AOWs, West Virginia imposes no separate state registration or licensing requirement beyond the federal framework.

Suppressors

A suppressor (also called a silencer or sound moderator) reduces the muzzle report of a firearm. Under federal law a silencer is an NFA firearm (26 U.S.C. 5845(a)(7), incorporating the silencer definition in 18 U.S.C. 921).

Lawful possession in West Virginia requires:

1. Federal registration through ATF Form 4 (transfer to an individual or trust) or Form 1 (make by the registrant).
2. No separate state restriction. West Virginia treats a federally registered suppressor as lawful to possess.

Note on hunting: West Virginia hunting equipment rules are set by the Division of Natural Resources, not by the NFA sections above. Check the current DNR regulations and any season-specific equipment rules before hunting with a suppressor.

Common acquisition methods:

• Transfer to an individual (Form 4). The buyer purchases through a federal firearms licensee that holds the special occupational tax (an SOT dealer) and waits for ATF approval before taking possession.
• NFA trust (Form 4). A trust holds title to the suppressor, and the trustees named in the trust may lawfully possess the trust property. Trusts are common for estate-planning and shared-use reasons.
• Make by an individual (Form 1). A person may make a suppressor for personal use by filing Form 1, obtaining approval, and marking the item with the maker's identifying information.

Short-Barreled Rifles (SBRs)

Under 26 U.S.C. 5845(a), an SBR is a rifle with a barrel under 16 inches, or a weapon made from a rifle with an overall length under 26 inches or a barrel under 16 inches.

Lawful possession in West Virginia requires:

1. Federal registration through Form 4 or Form 1.
2. No separate state restriction. West Virginia treats a federally registered SBR as lawful to possess.

A West Virginia resident may build an SBR by filing Form 1, obtaining ATF approval, then assembling the firearm. The completed firearm must be marked with the maker's identifying information.

Short-Barreled Shotguns (SBSs)

Under 26 U.S.C. 5845(a), an SBS is a shotgun with a barrel under 18 inches, or a weapon made from a shotgun with an overall length under 26 inches or a barrel under 18 inches.

The federal registration framework and West Virginia's treatment are the same as for SBRs. Lawful federal registration is sufficient under state law, with no separate state restriction.

Machine Guns

Under 26 U.S.C. 5845(b), a machine gun is any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot by a single function of the trigger. The definition also reaches the receiver and certain conversion parts.

Federal law freezes the civilian pool. Under 18 U.S.C. 922(o), it is unlawful to transfer or possess a machine gun, except for government entities and machine guns lawfully possessed before the statute took effect on May 19, 1986. Only those registered pre-1986 transferable units may be transferred to civilians.

Lawful possession in West Virginia requires:

1. Federal registration of a pre-1986 transferable unit, with a documented Form 4 transfer history.
2. Compliance with W. Va. Code 61-7-9. Full federal compliance is required, or possession is a state crime.

Pre-1986 transferable machine guns are scarce and expensive. SOT-licensed dealers and certain manufacturers may possess post-1986 machine guns for purposes such as demonstration to law enforcement or government sales, but those are not transferable to civilians.

Destructive Devices (DDs)

Under 26 U.S.C. 5845(f), a destructive device includes explosive, incendiary, or poison-gas bombs, grenades, certain rockets and missiles, and mines, as well as any weapon with a bore over one-half inch in diameter (other than a shotgun the Secretary finds suitable for sporting purposes). It also covers combinations of parts from which such a device can be readily assembled.

• Grenade launchers (for example, a 40mm launcher) are registered as DDs.
• A non-shotgun firearm with a bore over one-half inch is a DD; a .50 BMG rifle (bore of one-half inch or less) is not a DD on bore size alone.
• Many pre-1898 pieces are excluded as antiques under 26 U.S.C. 5845(g), and the Secretary may exclude collector items not likely to be used as weapons.

West Virginia does not separately restrict DDs beyond the federal framework.

Any Other Weapons (AOWs)

Under 26 U.S.C. 5845(e), an AOW is, broadly, any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, including a smooth-bore pistol or revolver designed to fire a fixed shotgun shell, and certain combination weapons. It does not include a pistol or revolver with a rifled bore.

• Pen guns, cane guns, and certain disguised firearms are common AOWs.
• Federal registration is required.

The historical transfer tax for an AOW was $5. Under Public Law 119-21, the making and transfer tax for an AOW is $0 for qualifying quarters beginning January 1, 2026. West Virginia does not separately restrict AOWs beyond the federal framework.

CLEO Certification and ATF Rule 41F

ATF Form 4 for transfers to individuals once required a chief-law-enforcement-officer (CLEO) signature. ATF Rule 41F (2016) replaced the mandatory CLEO signature for individual and trust applicants with a CLEO notification requirement: the applicant sends a copy of the application to the CLEO, but the CLEO's signature is no longer required.

Separately, where federal law or regulation does require a CLEO certification, W. Va. Code 61-7-16 directs West Virginia CLEOs to act within 30 days, bars refusals based on a generalized objection to lawful firearms, and gives a denied applicant an appeal to circuit court. The statute does not create a state-level CLEO veto over NFA items.

Use Restrictions

A registered NFA item is lawful to possess, but how it is used can still be regulated:

• Hunting equipment is governed by West Virginia Division of Natural Resources rules, not by the NFA sections above. Confirm current DNR regulations before hunting with any NFA item.
• Range use is subject to range rules. Some ranges restrict NFA items.
• Reckless discharge. W. Va. Code 61-7-12 makes it a felony to wantonly perform any act with a firearm that creates a substantial risk of death or serious bodily injury to another. Conviction carries one to five years (or, at the court's discretion, up to one year in jail or a fine of $250 to $2,500, or both). This applies to NFA firearms as it does to any firearm.

Estate Planning for NFA Items

NFA items raise specific estate-planning issues:

• Form 5 (tax-exempt transfer, including inheritance). An executor or administrator may transfer a registered NFA item to a lawful heir using Form 5, which is a tax-exempt transfer. ATF approval is still required before the heir takes possession.
• NFA trust. A trust holds title to the item and can name beneficiaries who take control under the trust terms, which can simplify succession for items the trust owns.
• Disposition to a licensee. If no heir can lawfully possess the item, the executor may transfer it to an SOT dealer.

Consult a West Virginia attorney experienced in NFA matters before creating a trust or planning the disposition of NFA items.

Federal Prohibited Persons

A person who is prohibited from possessing firearms under 18 U.S.C. 922(g) (for example, a felony conviction or a qualifying domestic violence conviction) cannot lawfully possess any firearm, including an NFA item. NFA registration does not cure that bar. A prohibited person who holds a tax stamp is still a prohibited person in possession.

Penalties

Federal: possession of an unregistered NFA item. It is unlawful under 26 U.S.C. 5861(d) to receive or possess an NFA firearm not registered to the possessor in the NFRTR. The penalty, set by 26 U.S.C. 5871, is a fine of up to $10,000, imprisonment of up to ten years, or both. Forfeiture of the firearm may also apply.

State: unlawful machine gun possession. Under W. Va. Code 61-7-9, possessing a machine gun, submachine gun, or other fully automatic weapon without full federal compliance is a misdemeanor punishable by a fine of $1,000 to $5,000, or confinement in the county jail for 90 days to one year, or both.

For suppressors, SBRs, SBSs, DDs, and AOWs, West Virginia adds no separate state penalty: a federally registered item is lawful to possess in the state.

Key Statutes

West Virginia Red Flag Laws / Extreme Risk Protection Orders

The Headline

West Virginia has not enacted a red-flag law or Extreme Risk Protection Order (ERPO) statute. The legislature has considered such bills in multiple sessions but has not passed any. As of 2026, there is no state-level ERPO framework in W. Va. Code.

Firearm-prohibiting orders in West Virginia instead flow from three existing channels:

1. Domestic-violence protective orders. A court may issue a domestic-violence protective order, and a person subject to a qualifying order becomes a prohibited person under W. Va. Code 61-7-7(a)(7).
2. Mental commitment proceedings. A person adjudicated mentally incompetent or involuntarily committed under Chapter 27 of the Code becomes a prohibited person under W. Va. Code 61-7-7(a)(4) and 18 U.S.C. 922(g)(4).
3. Criminal proceedings. A court may impose firearm conditions of bond or probation in a pending or resolved criminal case.

Federal funding incentives under the Bipartisan Safer Communities Act of 2022 have not produced a state ERPO in West Virginia.

Statutory Authority: The Absence

West Virginia has no statute analogous to the ERPO or "risk protection order" laws found in other states (for example, Florida's risk protection order law or California's gun violence restraining order). No West Virginia statute lets a private citizen petition a court to seize another person's firearms based on a general dangerousness finding.

Bills to create an ERPO framework have been introduced in recent sessions but none has passed. Verify the current legislative status if you are researching this for a specific case.

Domestic-Violence Protective Orders as the De Facto Mechanism

The principal West Virginia mechanism for temporary firearm prohibition is the domestic-violence protective order. The protective-order procedure is governed by the Prevention and Treatment of Domestic Violence Act in Chapter 48, Article 27 of the Code. A petitioner may seek a temporary (emergency) order and, after a hearing, a final protective order.

The firearm consequence is anchored in the criminal code. Under W. Va. Code 61-7-7(a)(7), a person becomes prohibited from possessing a firearm when subject to a domestic-violence protective order that:

• was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate;
• restrains the person from harassing, stalking, or threatening an intimate partner (or that partner's or the person's child), or from conduct that would place an intimate partner in reasonable fear of bodily injury; and
• either includes a finding that the person is a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against that intimate partner or child.

Violating the possession bar in 61-7-7(a) is a misdemeanor punishable by a fine of $100 to $1,000, or 90 days to one year in the county jail, or both. A prohibited person who carries a concealed firearm commits a separate felony under 61-7-7(d), punishable by up to three years in a state correctional facility or a fine up to $5,000, or both.

A qualifying order also triggers the federal prohibitor under 18 U.S.C. 922(g)(8). Note the relationship requirement: this mechanism reaches intimate partners, household members, and certain family relationships. It does not cover a concern by a neighbor or stranger who has no qualifying relationship to the respondent.

Mental Commitment Proceedings

Chapter 27 of the Code governs civil commitment of persons with mental illness. In outline:

1. A petition for involuntary commitment is filed.
2. A mental hygiene commissioner or circuit judge conducts a hearing.
3. If the court finds the statutory elements (mental illness and a likelihood of serious harm to self or others, with a need for treatment), it enters an order of involuntary commitment.

Under W. Va. Code 61-7-7(a)(4), a person adjudicated mentally incompetent or involuntarily committed under Chapter 27 (or under a similar law of another jurisdiction) is prohibited from possessing a firearm. The statute directs that, once a person is adjudicated a mental defective or involuntarily committed, the person be notified to immediately surrender any firearms, and that the mental hygiene commissioner or circuit judge first designate a conservator for the surrendered property.

The same status triggers the federal prohibitor under 18 U.S.C. 922(g)(4) (adjudicated as a mental defective or committed to a mental institution). This is a true-threat mechanism for a person at imminent risk of harming self or others, but it requires the Chapter 27 elements to be met. It is not a fast firearm-only remedy.

Criminal Proceedings

In a pending or resolved criminal case, a court may impose firearm conditions:

• Bond conditions. A defendant accused of a violent offense may be required, as a condition of bond, to surrender firearms.
• Probation conditions. A probation order, particularly for a violent or threat-related offense, may include firearm-prohibitor conditions.

In addition, certain convictions independently make a person prohibited under 61-7-7: a conviction for a crime punishable by more than one year of imprisonment (61-7-7(a)(1)), and a qualifying misdemeanor crime of domestic violence (61-7-7(a)(8)). A felony crime of violence or a qualifying felony controlled-substance conviction elevates the possession bar to a felony under 61-7-7(b). These mechanisms each require an underlying criminal proceeding.

Why West Virginia Has Not Adopted an ERPO

Legislative debate has centered on:

• Due process. Critics argue that ex parte ERPO procedures provide insufficient process before a firearm seizure.
• Second Amendment. After New York State Rifle & Pistol Association v. Bruen (2022), firearm statutes are reviewed under a "text, history, and tradition" standard. United States v. Rahimi (2024) upheld the federal domestic-violence protective-order prohibitor in 18 U.S.C. 922(g)(8) but did not resolve broader questions about ERPO frameworks.
• Existing tools. Some argue that current federal and state mechanisms (federal 922(g) categories, state domestic-violence protective orders, and state mental-commitment law) already address dangerous-person concerns.

Federal Funding Under the Bipartisan Safer Communities Act

The Bipartisan Safer Communities Act of 2022 (Public Law 117-159) offers federal grant funding to states that adopt ERPO laws. West Virginia has not adopted a qualifying statute and is not eligible for that specific funding. The Act's other provisions (school safety, mental-health funding, and the enhanced background-check review for buyers under 21) apply to West Virginia residents regardless.

What a West Virginia Resident Should Know

There is no civilian "petition to remove firearms" mechanism in West Virginia. A concerned person works through one of the existing channels:

• Domestic-violence concerns: the domestic-violence protective order under Chapter 48, Article 27 is available where there is a qualifying relationship, and a qualifying order triggers the firearm bar under 61-7-7(a)(7).
• Mental-health concerns: involuntary commitment under Chapter 27, which triggers the firearm bar under 61-7-7(a)(4), is available when the statutory elements are met.
• Suicide concerns: call the 988 Suicide and Crisis Lifeline. Local police can perform a welfare check. Voluntary or involuntary commitment may be appropriate depending on the circumstances.
• Generalized threats: call local police. A specific and credible threat may support criminal charges, and a court may attach firearm conditions to bond.

Federal Prohibited-Person Categories

Even without a state ERPO, federal prohibitor categories under 18 U.S.C. 922(g) may attach to a person of concern and apply nationwide, including in West Virginia:

• 18 U.S.C. 922(g)(4): adjudicated as a mental defective or committed to a mental institution.
• 18 U.S.C. 922(g)(8): subject to a qualifying domestic-violence protective order.
• 18 U.S.C. 922(g)(9): convicted of a misdemeanor crime of domestic violence.

Separately, 18 U.S.C. 922(d) makes it unlawful to sell or transfer a firearm to a person known or reasonably believed to fall within any of the prohibited categories. A federal prohibition does not require a state ERPO.

Restoration of Rights

A person prohibited under state law may petition for restoration:

• General restoration. Under W. Va. Code 61-7-7(f), a person prohibited by 61-7-7(a) may petition the circuit court of the county of residence, and the court may restore firearm possession if it finds by clear and convincing evidence that the person is competent and capable, and only if restoration would not violate federal law.
• Mental-commitment restoration. A person prohibited because of a Chapter 27 adjudication or commitment (61-7-7(a)(4)) petitions under the separate process in W. Va. Code 61-7A-5, as 61-7-7(f) directs.
• Expungement or pardon. Under 61-7-7(g), a person whose disqualifying conviction is expunged or set aside, or who receives an unconditional pardon, is no longer prohibited under that section.
• Federal restoration is a separate and often more difficult matter; a state-court restoration does not by itself lift a federal bar.

The felony-prohibitor categories in 61-7-7(b) (felony crime of violence, felony sexual offense, or certain felony controlled-substance offenses) are not eligible for the 61-7-7(f) restoration petition.

Practical Summary

• No West Virginia ERPO law as of 2026. No civilian petition to remove another person's firearms exists.
• Domestic-violence protective orders (procedure in Chapter 48, Article 27) trigger the firearm bar in W. Va. Code 61-7-7(a)(7) and federal 18 U.S.C. 922(g)(8).
• Involuntary commitment (Chapter 27) triggers the firearm bar in W. Va. Code 61-7-7(a)(4) and federal 18 U.S.C. 922(g)(4).
• Criminal proceedings may attach firearm conditions to bond or probation.
• Restoration runs through W. Va. Code 61-7-7(f) generally and W. Va. Code 61-7A-5 for mental-commitment cases.

Key Statutes

West Virginia State Preemption of Firearm Regulation

The Headline

West Virginia limits what cities can do about firearms, but the preemption is not absolute. Under W. Va. Code 8-12-5a, neither a municipality nor its governing body may, by ordinance or otherwise, limit the right to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition, in a manner inconsistent with or in conflict with state law.

The statute then carves out specific places where a municipality may still regulate: municipally owned or operated buildings, municipally owned recreation facilities, and other municipally owned property as to persons who do not hold a concealed handgun license. The result is a statewide baseline set by the Legislature, with a narrow band of local authority over the municipality's own buildings and facilities.

This page describes only the local-preemption framework. The substantive carry rules, prohibited places, and self-defense law are covered in their own sections and are summarized here only as context.

Statutory Authority: W. Va. Code 8-12-5a

W. Va. Code 8-12-5a is the controlling statute. It applies to municipalities, not to private property owners and not, by its terms, to counties.

Subsection (a) is the core preemption: a municipality may not, 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, nor regulate the keeping of gunpowder, in any manner inconsistent with or in conflict with state law.

Subsection (b) borrows the definitions of "deadly weapon" and "firearm" from W. Va. Code 61-7-2 and defines several local terms used in the carve-outs, including "municipally owned or operated building," "municipally owned recreation facility," and "pepper spray."

What a Municipality May Still Regulate

W. Va. Code 8-12-5a(c) preserves limited local authority:

• Municipally owned or operated buildings. A municipality may enact and enforce an ordinance that prohibits or regulates carrying or possessing a deadly weapon, firearm, or pepper spray in buildings used for the business of the municipality, such as a city hall, convention center, or administrative building. A building a municipality owns but leases to a private entity, where the municipality primarily collects rent, is not a "municipally owned or operated building."
• Municipally owned recreation facilities. A municipality may prohibit carrying or possessing a firearm openly, or in a manner that is not lawfully concealed, in a municipal swimming pool, recreation center, sports facility, after-school program facility, or similar place where children are regularly present. A municipality may not prohibit a person with a valid concealed handgun license from bringing an otherwise lawfully possessed firearm into such a facility and securely storing it out of view during their time there.
• Other municipal property, as to non-licensees. On municipally owned or operated property other than the buildings and recreation facilities above, a municipality may prohibit persons who do not hold a valid concealed handgun license from carrying or possessing a firearm. It may not impose the same prohibition on license holders.

Two procedural points apply. Under subsection (e), a municipality that enacts any such ordinance must prominently post a clear statement of the regulation at each entrance to the affected building or recreation facility. Under subsection (d), it is an absolute defense to a charge under one of these ordinances that the person, on request, left the premises with the weapon or temporarily relinquished it, and that the person was otherwise lawfully in possession.

What a Municipality May Not Regulate

W. Va. Code 8-12-5a also fixes outer limits on local authority:

• Public streets and sidewalks. Subsection (h)(1) states that the statute does not authorize a municipality to restrict carrying or possessing otherwise lawfully possessed weapons on the public streets and sidewalks of the municipality.
• Firearm and ammunition businesses. Subsection (h)(2) allows ordinary commercial planning and zoning, but a municipality may not regulate a firearms or ammunition business more restrictively than other retail businesses, may not impose quantity limits on the lawful sale or servicing of firearms, ammunition, components, accessories, reloading supplies, or indoor or outdoor ranges. Any ordinance designed or enforced to effectively restrict or prohibit the sale, transfer, manufacture, repair, or display of firearms, ammunition, or accessories (as defined in W. Va. Code 31A-2B-3) is void, and a municipality may not use zoning solely to bar firearm sales within a set distance of other commercial or school property.
• Vehicles in municipal parking. Subsection (c)(3) allows a person to keep an otherwise lawfully possessed weapon in a motor vehicle in a municipal public parking facility if the vehicle is locked and the weapon is out of view.

Subsection (g) is an important clarification: for purposes of the private-property posting statute, W. Va. Code 61-7-14, a municipality is not treated as a "person charged with the care, custody, and control of real property." A municipality therefore regulates its own buildings and facilities through the specific authority in 8-12-5a(c), not by posting itself as a private owner under 61-7-14.

How the Statewide Baseline Is Set

The carry framework that municipalities cannot undercut is set by state law:

• Permitless (constitutional) carry for adults 21 and older. West Virginia adopted permitless carry in 2016. W. Va. Code 61-7-3 makes carrying a concealed deadly weapon without a license or other lawful authorization a crime only for persons under 21. An adult 21 or older who may lawfully possess a firearm may carry concealed without a license.
• Optional state license. W. Va. Code 61-7-4 establishes the standard concealed handgun license (resident application fee $50; nonresident $100; applicant 21 or older; live-fire training required). W. Va. Code 61-7-4a establishes the provisional license available to persons at least 18 and under 21.
• Out-of-state recognition. W. Va. Code 61-7-6a governs recognition of out-of-state permits, cross-referenced in the licensing exemptions of W. Va. Code 61-7-6. A municipality cannot override this state-level recognition policy.
• State-law prohibited places. W. Va. Code 61-7-11a prohibits firearms in or on school grounds and on the premises of courts of law, including family courts. These are state restrictions that apply statewide, not local ordinances.

Because these rules are statewide, a person who may lawfully carry in Wheeling may lawfully carry in Beckley or Charleston on the same terms. No municipality may impose its own carry license, its own training requirement, or its own list of prohibited persons.

Remedies for a Preempted Ordinance

W. Va. Code 8-12-5a(f) directs that redress for a violation of the section may be sought through the extraordinary-remedy provisions of W. Va. Code 53-1-1 et seq. (mandamus and similar relief). A petitioner who prevails may be awarded reasonable attorney's fees and costs. The same fee-shifting remedy applies to a person aggrieved by a void zoning provision under subsection (h)(2).

There is no separate criminal penalty imposed on a municipality for enacting a preempted ordinance. The practical deterrent is the fee-shifting provision: a successful challenger can recover the cost of the litigation.

Federal Preemption Overlay

Several federal statutes operate independently of West Virginia law and apply within city limits regardless of local rules:

• Dealer licensing. 18 U.S.C. 923 establishes the federal firearms dealer licensing scheme.
• NFA items. Title II items such as suppressors, short-barreled rifles, machine guns, and destructive devices are registered federally under the National Firearms Act; the registry is maintained under 26 U.S.C. 5841. A state or locality may add restrictions but cannot authorize possession of an item barred by federal law.
• Interstate transport. 18 U.S.C. 926A protects transport of a firearm through a jurisdiction by a person who may lawfully possess it at origin and destination, when the firearm is unloaded and stored as the statute requires.
• Federal facilities. 18 U.S.C. 930 governs possession of firearms in federal facilities; this is federal authority on federal property and is unaffected by state or local rules.
• Federal prohibited persons. 18 U.S.C. 922(g) lists the categories of persons barred from possessing firearms (a separate provision, 18 U.S.C. 922(n), addresses persons under indictment). These prohibitions operate independently of state law.

Practical Effect on West Virginia Residents

• A consistent statewide carry rule. The licensing standard, the age thresholds, and the prohibited-person categories are the same in every city. No municipality adds its own permit or training requirement.
• No municipal firearm registries. Nothing in W. Va. Code 8-12-5a authorizes a municipality to register firearm owners or firearms.
• A defined, not open-ended, local zone. Where a municipality does regulate, it is limited to its own buildings, recreation facilities, and other municipal property as to non-licensees, and it must post notice at the entrances. The statute does not let a city create sensitive-area buffer zones on public streets or sidewalks.
• Vehicle storage is protected. A locked, out-of-view firearm in a vehicle in a municipal parking facility is protected by statute.
• Self-defense law is statewide. Civil immunity for a person who lawfully uses force in self-defense is set by W. Va. Code 55-7-22, which provides a full and complete defense to a civil action brought by an intruder or attacker. This immunity is a matter of state law and is not affected by any municipal ordinance.

Key Statutes

West Virginia Concealed Carry Reciprocity

The short answer

West Virginia recognizes out-of-state concealed handgun permits, but only conditionally. W. Va. Code § 61-7-6a makes an out-of-state permit valid here when four things are true at once, and the fourth is that the other state either lets licensed West Virginians carry there, with its Governor having told the Attorney General so, or has signed a written reciprocity agreement with the Attorney General.

That recognition now does far less work than the statute's title suggests. Since June 12, 2026, the effective date of HB 4106, W. Va. Code § 61-7-7(c) lets any person carry a concealed deadly weapon in West Virginia without a license if that person is at least 18 years of age, is a United States citizen or legal resident, is not prohibited from possessing a firearm under § 61-7-7, and is not prohibited under 18 U.S.C. § 922(g) or (n). Nothing in that list turns on where the person lives. The same act repealed W. Va. Code § 61-7-3, which had made unlicensed concealed carry a crime for people under 21.

So the topic is inverted. Recognition is not what lets a visitor carry here. It is mostly an outbound question about whether the West Virginia license you paid for will be honored elsewhere.

What W. Va. Code § 61-7-6a requires

Under § 61-7-6a(a), an out-of-state permit or license to possess or carry a handgun is valid in West Virginia for carrying a concealed handgun if all four of these conditions are met:

• The permit or license holder is 21 years of age or older.
• The permit or license is in his or her immediate possession.
• The holder is not a resident of West Virginia.
• The Attorney General has been notified by the Governor of the other state that the other state allows licensed West Virginia residents to carry a concealed handgun there, or the Attorney General has entered into a written reciprocity agreement with the appropriate official of that state.

Section 61-7-6a(b) then provides that a recognized holder "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 in compliance with West Virginia law, and § 61-7-6a(c) voids the out-of-state permit here if the holder is or becomes prohibited by law from possessing a firearm.

Note the direction of that fourth condition. It turns on mutual treatment, not on the other state's training or vetting standards.

The Attorney General's guide On the Mark separates the two mechanisms § 61-7-6a(a)(4) packs into one sentence. Reciprocity is a written agreement between two states to mutually permit their licensees to carry in the other. Recognition is a destination state treating a West Virginia license as valid under its own law, with no written agreement needed. Either path satisfies the fourth condition.

Where to confirm the current list before you travel

Section 61-7-6a splits the list-keeping between two agencies. The Attorney General seeks recognition of West Virginia licenses and executes reciprocity agreements (§ 61-7-6a(d)) and makes written inquiry every twelve months of each other state's concealed handgun licensing or permitting authority (§ 61-7-6a(f)). The State Police maintain a registry of reciprocity and recognition states on the criminal information network for law-enforcement investigative use (§ 61-7-6a(e)), which serves an officer running a check rather than a traveler planning a trip, and make a public list of those states available (§ 61-7-6a(g)).

For the public-facing answer, start at ago.wv.gov. The Attorney General's Gun Reciprocity page publishes a color-coded map of the United States plus a printable copy of the same map, On the Mark tells licensees to go there for up-to-date reciprocity and recognition information, and the State Police forms page routes its own Gun Reciprocity link to the Attorney General's site.

This guide does not reproduce that map, and you should not travel on a saved copy of one. The Attorney General's caution is the right posture: "Reciprocity agreements may change at any time and without notice. It is the responsibility of all West Virginia concealed firearm license holders to know and understand the applicable firearm laws of the states within which they plan to visit."

What recognition adds for a visitor after HB 4106

Work through it by age:

• 21 and older. Section 61-7-7(c) already authorizes concealed carry with no license and no residency condition, so a qualifying visitor does not need § 61-7-6a to carry. Recognition is a second, narrower authority on top of one they already have.
• 18 to 20. Section 61-7-6a cannot reach them at all, because § 61-7-6a(a)(1) requires the holder to be 21 or older. They carry under § 61-7-7(c) instead. West Virginia's provisional license is closed to them too: § 61-7-4a(a)(2) requires a bona fide resident of this state and of the county of application.
• Under 18. Neither provision applies. Section 61-7-7(c) begins at 18 and § 61-7-6a begins at 21.

The place a permit still counts for something is the set of West Virginia rules keyed to holding one rather than to being a lawful carrier:

• W. Va. Code § 18B-4-5b(a) lets a person holding a current and valid license to carry a concealed deadly weapon carry a concealed pistol or revolver on the campus and in the buildings of a state institution of higher education. That subsection reaches only areas under the institution's custodial possession, not areas rented, leased, or under an exclusive agreement for the full-time occupancy and use of a private entity, and it leaves intact the institution's authority under § 18B-4-5b(b) to regulate the locations that subsection lists. Section 18B-4-5b(i) settles the out-of-state question for this statute: a license to carry a concealed deadly weapon there means a current and valid license issued by West Virginia under § 61-7-4 or § 61-7-4a, or a current and valid license or permit recognized under § 61-7-6a. A recognized out-of-state permit counts. Permitless carry does not.
• W. Va. Code § 61-7-11a(b)(2)(L) exempts "any person, 21 years old or older, who has a valid concealed handgun permit" from the school-premises ban, for the limited purpose of keeping a concealed handgun in a motor vehicle in a parking lot, traffic circle, or other area of vehicular ingress or egress to a public school, stored out of view, and, when the person is not occupying the vehicle, with the vehicle locked and the handgun in a glove box or other interior compartment, in a locked trunk, or in a locked container securely fixed to the vehicle. Carrying on school premises without an exemption is a felony under § 61-7-11a(b)(3): 2 to 10 years, a fine of not more than $5,000, or both.
• W. Va. Code § 8-12-5a(c)(2) bars a municipality from prohibiting a person with a valid concealed handgun license from bringing an otherwise lawfully possessed firearm into a municipally owned recreation facility and securely storing it out of view and access to others during the visit, and § 8-12-5a(c)(4) lets a municipality prohibit persons without such a license from carrying on municipally owned or operated property other than buildings and recreation facilities.

The campus statute is the exception that shows the pattern. Do not assume a recognized out-of-state permit unlocks the other two. Section 61-7-6a(b) puts the recognized holder on the same footing as a permitted West Virginia resident, but § 61-7-11a(b)(2)(L) and § 8-12-5a speak of a valid permit or license without the cross-reference to § 61-7-6a that § 18B-4-5b(i) spells out, and neither says how a recognized out-of-state credential is treated. Ask the municipality or the Attorney General's office before relying on either as a visitor.

What recognition does not reach

Federal school zones are the clearest limit. Under 18 U.S.C. § 922(q)(2)(A) it is unlawful to knowingly possess a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone, and the license exception in § 922(q)(2)(B)(ii) applies only where the individual "is licensed to do so by the State in which the school zone is located" and that state's law requires law enforcement to verify the applicant's qualification before issuing. A West Virginia license is issued on those terms, because § 61-7-4(c) requires the sheriff to run a nationwide check and verify the application before issuance. A recognized out-of-state permit does not, because West Virginia did not issue it, and permitless carry does not, because it is not a license. The separate exception in § 922(q)(2)(B)(iii), for a firearm that is unloaded and in a locked container or a locked firearms rack on a motor vehicle, is open to anyone. A violation is punished under 18 U.S.C. § 924(a)(4) by a fine, imprisonment for not more than 5 years, or both, and that term does not run concurrently with any other sentence.

The logic runs outbound too. Because the exception keys to the state where the zone sits, a West Virginia license does nothing in another state's school zones. Recognition also does not touch 18 U.S.C. § 930, which makes knowingly possessing or causing to be present a firearm or other dangerous weapon in a federal facility, other than a federal court facility, punishable by a fine, imprisonment for not more than 1 year, or both.

Carrying a West Virginia license out of state

West Virginia's permitless carry rule stops at the state line. On the Mark says so flatly: the constitutional carry law "applies only to persons physically in the State of West Virginia" and does not authorize concealed carry in another state without a license. That is the outbound case for getting licensed, and the Attorney General's message in the same guide calls optional licenses the ones issued "for reciprocity purposes."

• The W. Va. Code § 61-7-4 license. A resident applies to the sheriff of his or her county and pays $50, unless exempted by § 61-7-4(q); the applicant must be 21 or older and complete a handgun course that includes live fire (§ 61-7-4(b)(3), (e)). A new license runs five years from the licensee's most recent birthday (§ 61-7-4(h)). Section 61-7-4(t) authorizes carry of a concealed pistol or revolver on the lands or waters of this state. Its value elsewhere comes entirely from the other state's recognition.
• The W. Va. Code § 61-7-4a provisional license. For residents 18 to 20, at $15 to the sheriff plus $15 before issuance, with the same live-fire requirement and expiry when the licensee turns 21 (§ 61-7-4a(a), (d), (g)). The statute is unusually explicit about what this license is and is not. Section 61-7-4a(h) requires the card itself to state: "NOT NICS EXEMPT. This license confers the same rights and privileges to carry a concealed pistol or revolver on the lands or waters of this state as a license issued pursuant to §61-7-4 of this code, except that this license does not satisfy the requirements of 18 U. S. C. §922(t)(3). A NICS check must be performed prior to purchase of a firearm from a federally licensed firearm dealer." Its in-state authority equals the standard license. Its travel value is a separate question, and the Attorney General warns that certain states recognize West Virginia licenses but not provisional ones.

Two more cautions from the Attorney General. Nonresident holders of a West Virginia license should confirm whether the destination's recognition also covers a nonresident one, because some states may not honor a West Virginia license held by a nonresident, especially in that person's own home state. And recognition never loosens the destination state's rules on where and how you carry.

Where a destination will not honor the license, 18 U.S.C. § 926A still protects transport between two places where you may lawfully possess and carry the firearm, provided it is unloaded and neither it nor the ammunition is readily or directly accessible from the passenger compartment. In a vehicle with no separate compartment, both go in a locked container other than the glove compartment or console. That is transit, not carry.

Nonresidents may hold a West Virginia license

A nonresident can get a West Virginia concealed weapon license, and it is not limited to people with a special tie to a county. Section 61-7-4(a)(2) lets a legal resident or citizen of another state apply to a sheriff of any county and pay a $100 fee. Section 61-7-4(b)(2) requires a United States citizen or legal resident who is either a resident of West Virginia and of the county of application, or a resident of another state holding a valid driver's license or other state-issued or federally issued photo identification showing that residence. The other qualifications and the live-fire requirement match the resident license, and § 61-7-4(g) directs the sheriff to issue, reissue, or deny within 45 days once the background checks are complete. On the Mark confirms that both residents and nonresidents may apply.

The provisional license is the exception: § 61-7-4a(a)(2) makes it residents only. If you move, § 61-7-4(m) gives you 20 days to notify the appropriate sheriff, who reissues for the rest of the original term for a fee not to exceed $5.

LEOSA runs alongside state recognition

Qualified active officers under 18 U.S.C. § 926B and qualified retired officers under 18 U.S.C. § 926C may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, notwithstanding the law of any state, while carrying the identification each section requires, so § 61-7-6a is not the authority they rely on. A retired officer must have separated in good standing, generally have served an aggregate of 10 years or more, and have met active-officer firearms qualification standards within the most recent 12 months at his or her own expense. Neither section supersedes state laws letting private persons or entities restrict firearms on their property, or restricting firearms on any state or local government property, installation, building, base, or park. West Virginia picks the federal standard up in § 61-7-11a(b)(2)(E), which exempts from the school-premises ban a retired officer who qualifies under 18 U.S.C. § 926C(c), carries concealed, and has the official identification on his or her person.

While you carry here, West Virginia law is the law that binds you

Section 61-7-6a(b) is explicit that a recognized out-of-state holder carries on West Virginia's terms. The provisions most likely to catch a visitor:

Section 8-12-5a(e) requires a municipality that enacts an ordinance under § 8-12-5a(c) to post a clear statement of its terms at each entrance to the affected building or recreation facility, and § 8-12-5a(d) gives an absolute defense to a person who, on request, left the premises with the firearm or temporarily relinquished it after being informed that possessing it was contrary to the ordinance, and who but for the ordinance was lawfully in possession.

West Virginia Concealed Carry - Additional Resources

West Virginia is a constitutional (permitless) carry state. A person 21 or older who may lawfully possess a firearm may carry a concealed pistol or revolver without a license under W. Va. Code 61-7-7(c). The optional license to carry a concealed deadly weapon remains available under W. Va. Code 61-7-4, and a provisional license for applicants 18 to 20 years old is available under W. Va. Code 61-7-4a. The resources below help you confirm current law, find training, and get help when you need it.

Official State Resources

West Virginia Legislature

• West Virginia Code - Authoritative codified statutes at code.wvlegislature.gov.
• Chapter 61, Article 7 (Dangerous Weapons) - W. Va. Code 61-7-1 and the sections that follow govern firearm definitions, carry, licensing, and prohibitions. Key sections include 61-7-2 (definitions), 61-7-3 (carrying without a license by persons under 21), 61-7-4 (license to carry), 61-7-4a (provisional license), 61-7-6a (reciprocity), 61-7-7 (persons prohibited from possessing firearms), and 61-7-11a (carrying on certain premises).
• Chapter 55, Article 7, Section 22 - W. Va. Code 55-7-22 codifies the right to use reasonable and proportionate force in the home (no duty to retreat), the right to stand your ground in a place you may lawfully be, and a full civil defense for justified force.
• Chapter 8, Article 12, Section 5a - W. Va. Code 8-12-5a preempts municipal regulation of the purchase, possession, transfer, ownership, carrying, transport, sale, and storage of firearms and ammunition.
• Bill tracker - The West Virginia Legislature website maintains current session bills; search for firearm-related legislation.

West Virginia State Police (WVSP)

• Concealed carry information - The West Virginia State Police website provides:
  • The uniform license and provisional license application forms prepared by the Superintendent under W. Va. Code 61-7-4(j) and 61-7-4a.
  • Information on the training courses that satisfy the license training requirement (W. Va. Code 61-7-4(e)).
  • The statewide registry of issued concealed weapons licenses maintained under W. Va. Code 61-7-4(n).
• Background-check role - The issuing sheriff (not WVSP) runs the NICS, West Virginia criminal history, and National Interstate Identification Index checks required by W. Va. Code 61-7-4(c).

County Sheriffs

• License applications are filed with the county sheriff. A resident applies to the sheriff of his or her county and pays a $50 fee; a nonresident may apply to any West Virginia county sheriff and pays a $100 fee (W. Va. Code 61-7-4(a)). A provisional license applicant pays $15 (W. Va. Code 61-7-4a(a)).
• Decision timeline - The sheriff must issue, reissue, or deny the license within 45 days after the application is filed once required background checks are complete (W. Va. Code 61-7-4(g)).
• Lost or destroyed license - A duplicate costs $5 (W. Va. Code 61-7-4(l)).
• Appeal of a denial - A denied applicant may petition for review in the circuit court of the county where the application was made, within 30 days of the denial (W. Va. Code 61-7-4(k)).

West Virginia Attorney General

• Reciprocity page - The Attorney General maintains information on the states whose concealed handgun permits West Virginia recognizes (W. Va. Code 61-7-6a). Verify the current list at ago.wv.gov before traveling.
• Consumer guidance - General firearm-law guidance for residents.
• Opinions - Attorney General opinions on firearm-law questions are not binding on courts but may be persuasive.

West Virginia Division of Natural Resources (DNR)

• Hunting regulations - DNR rules on firearm transport during hunting season, allowed firearm types and calibers, and hunter-education requirements.
• Hunter-education certification - Required for certain hunting licenses; separate from any concealed carry training.

Federal Resources

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

• Brady (NICS-alternative) permit listing - The ATF publishes a chart of state-issued permits that qualify as alternatives to a NICS check at the point of sale. Confirm the current status of the West Virginia license on the ATF chart, since qualifying status can change.
• NFA processing - ATF's National Firearms Act branch handles Form 1, Form 4, and Form 5 for NFA item registration and transfer (26 U.S.C. Chapter 53). Under Pub. L. 119-21, the making and transfer tax is $0 for most NFA items and $200 for a machinegun or destructive device, effective for calendar quarters beginning more than 90 days after July 4, 2025 (first qualifying quarter January 1, 2026).
• Federal firearm licensing - ATF processes federal firearms licenses (FFLs) for dealers, manufacturers, and importers.
• Recordkeeping regulations - ATF rules on FFL records appear in 27 C.F.R. Part 478.

Federal Bureau of Investigation - NICS

• National Instant Criminal Background Check System - Federal background-check system run by the FBI under 18 U.S.C. 922(t).
• NICS appeals - A buyer denied a firearm transfer through NICS may appeal the denial and may use the Voluntary Appeal File for records believed to be in error.

U.S. Department of Justice

• Federal firearm prosecution - DOJ and the U.S. Attorney's offices prosecute federal firearm offenses, including possession by a prohibited person under 18 U.S.C. 922(g) and the penalties in 18 U.S.C. 924. Being under indictment is addressed separately at 18 U.S.C. 922(n).
• Project Safe Neighborhoods - Federal-state partnership for prosecuting armed violent offenders.

Legal Aid and Bar Resources

West Virginia State Bar

• Lawyer referral service - For finding an attorney with firearm-law experience.
• Pro bono programs - Limited; firearm-law matters are not typically eligible for pro bono representation.

West Virginia Public Defender Services

• Indigent criminal defense - Represents qualifying indigent defendants in firearm-related criminal cases. Eligibility is based on income.

Legal Aid of West Virginia

• Civil legal assistance - For civil matters such as domestic violence protective order proceedings where firearm relinquishment is at issue, and similar matters.

Private Training Resources

Firearm Training Organizations

West Virginia does not require training to carry without a license. Training is required only for the optional license (W. Va. Code 61-7-4(e)) and the provisional license (W. Va. Code 61-7-4a(d)). The statute accepts, among others, a handgun safety or training course offered by a college or qualified institution, and any course taught by a handgun instructor certified by the state or by the National Rifle Association.

• National Rifle Association (NRA) - Basic Pistol and personal-protection courses taught by NRA-certified instructors satisfy the statutory training option (W. Va. Code 61-7-4(e)(3)).
• United States Concealed Carry Association (USCCA) - Concealed Carry and Home Defense courses, where taught by a qualified instructor, can satisfy the training requirement.
• Instructor locators - The NRA and USCCA maintain online tools to find certified instructors in West Virginia.
• Out-of-state academies - Schools such as Front Sight, Gunsite, and Thunder Ranch may satisfy the requirement if the course meets the standards in W. Va. Code 61-7-4(e).

Range Resources

• DNR public ranges - Public ranges operated by the Division of Natural Resources.
• Private commercial ranges - Numerous commercial ranges operate across West Virginia.
• Restricted-access ranges - Some National Guard and federal-facility ranges allow limited public use; verify access in advance.

Advocacy and Education Organizations

Pro-Second Amendment Organizations

• NRA Institute for Legislative Action (NRA-ILA) - National Second Amendment advocacy; maintains state-by-state legal guides.
• Gun Owners of America (GOA) - National Second Amendment advocacy.
• National Association for Gun Rights (NAGR) - National Second Amendment advocacy.
• West Virginia Citizens Defense League - State-level Second Amendment advocacy.

Mainstream Educational Organizations

• Project ChildSafe - Free firearm safety kits and educational materials.
• National Shooting Sports Foundation (NSSF) - Industry trade association with safety and educational materials.
• Sportsmen's Alliance - Hunting and sport-shooting advocacy.

Court and Records Resources

Supreme Court of Appeals of West Virginia

• Court opinions - The state's high court issues binding decisions interpreting the West Virginia Code, including firearm law. Search at courtswv.gov.
• Court rules - Procedural rules that apply to license-denial appeals and firearm-related civil litigation.

Federal District Courts (Northern and Southern Districts of West Virginia)

• Federal criminal prosecution - U.S. Attorney's offices handle federal firearm prosecutions under 18 U.S.C. 922 and 924.
• Federal civil rights litigation - Federal courts hear Second Amendment challenges to state and federal firearm laws.

Crime-Victim and Self-Defense Incident Resources

West Virginia Crime Victims Compensation Fund

• Compensation for victims of violent crime - May cover medical bills, lost wages, and other costs.
• Eligibility - Generally requires reporting to law enforcement and cooperating with prosecution.

Local Police and Sheriff

• Self-defense incident reporting - After a defensive use of force, contact local law enforcement promptly and cooperate with the investigation. Consider speaking with an attorney before giving a detailed statement.

Suicide Prevention

988 Suicide and Crisis Lifeline

• 24/7 free and confidential support - Call or text 988 from any phone in the United States.
• Specialized lines - Veterans Crisis Line (988 then press 1) and Spanish-language support.

West Virginia 211

• Statewide social-services referral - Dial 211 for information and referral to local services, including mental-health and crisis resources.

Project ChildSafe

• Free firearm locks - Distributed through participating West Virginia law enforcement agencies.

Renewal and Application Tracking

Renewal Reminders

• License term - A West Virginia concealed weapons license is valid for five years (W. Va. Code 61-7-4(h)). Set a reminder 60 to 90 days before expiration.

Application Status Inquiries

• County sheriff - The issuing sheriff handles both initial and renewal applications and can provide status information.

Out-of-State Travel Resources

Reciprocity Reference Materials

• West Virginia Attorney General - Authoritative source for which out-of-state permits West Virginia recognizes (W. Va. Code 61-7-6a).
• NRA-ILA and USCCA reciprocity maps - Convenient overviews; always confirm with the destination state's official authority before relying on them.
• Destination-state attorney general or state police - The binding source for each state's recognition policy and carry rules.

Interstate Transport

• Federal safe passage - 18 U.S.C. 926A protects lawful transport of an unloaded, inaccessible firearm through states where you could not otherwise carry, when you may lawfully possess it at origin and destination. State law still governs while you are stopped or staying in a state.

Federal Law Reference

• 18 U.S.C. 922 - Federal firearm framework (transfers, possession, prohibited persons under 922(g), point-of-sale NICS check under 922(t)).
• 18 U.S.C. 922(n) - Prohibits a person under indictment for a felony from shipping, transporting, or receiving firearms (distinct from the 922(g) possession bars).
• 18 U.S.C. 924 - Penalties for federal firearm offenses.
• 18 U.S.C. 926A - Safe passage for interstate transport.
• 18 U.S.C. 926B and 926C - Law Enforcement Officers' Safety Act (active officers under 926B; qualified retired or separated officers under 926C). This is a federal carry authority, not a West Virginia exemption.
• 18 U.S.C. 930 - Possession of firearms in federal facilities.
• 49 U.S.C. 46505 - Carrying a concealable weapon into an airport sterile area or aboard an aircraft (the controlling federal statute for airport and aircraft offenses, not 18 U.S.C. 924).
• 26 U.S.C. Chapter 53 - National Firearms Act (suppressors, short-barreled rifles and shotguns, machineguns, and other NFA items).
• 27 C.F.R. Parts 478 and 479 - ATF firearm and NFA regulations.

Disclaimer

These resources are for general information only. Specific legal questions about West Virginia firearm law require consultation with a West Virginia-licensed attorney. This guide is not legal advice and does not create an attorney-client relationship.

Firearm law changes through legislation and court decisions. Verify current law before relying on any provision here. West Virginia statutes are posted at code.wvlegislature.gov; federal updates appear at atf.gov, fbi.gov, and other agency websites.

West Virginia Firearm Laws - Other Topics

The Headline

This section catalogs West Virginia firearm rules that do not fit cleanly into the dedicated sections of this guide: private sales and background checks (West Virginia does not require a background check on private transfers), minor possession under W. Va. Code 61-7-8, domestic-violence and other prohibitors under W. Va. Code 61-7-7, ammunition rules, antique firearms, state machine-gun rules under W. Va. Code 61-7-9, the hunting overlay under W. Va. Code Chapter 20, tribal-land questions, and the federal framework that overlays everything.

If a question does not belong in OVERVIEW, PERMIT_BASICS, CONSTITUTIONAL_CARRY, CONCEALED_CARRY, OPEN_CARRY, TRAINING_REQUIREMENTS, APPLICATION_PROCESS, FEES_COSTS, RENEWAL_PROCESS, PROHIBITED_PLACES, VEHICLE_CARRY, TRANSPORT, STORAGE, USE_OF_FORCE, CASTLE_DOCTRINE, DUTY_TO_INFORM, UNDER_INFLUENCE, RESTRICTIONS, NFA_ITEMS, RED_FLAG, PREEMPTION, RECIPROCITY, RESOURCES, or FAQ, the short answer is here.

West Virginia is a permissive firearms state. Most of the issues in this catch-all sit at the lenient end of state regulation. Where another section of this guide owns the operative state-law text, this section cross-references that section rather than duplicating it.

Private Sales and Background Checks

West Virginia does not require a background check on private firearm sales between residents. There is no state universal-background-check statute.

The seller in a private transaction should:

1. Verify the buyer is a West Virginia resident (a state driver's license is normally sufficient).
2. Respect federal age limits at dealer sales. Federal law sets a minimum age of 18 for long guns and 21 for handguns at federally licensed dealers. Private intrastate sales are governed by state law, which contains no separate handgun-purchase age for private transfers, but every buyer must still meet the federal prohibited-person criteria.
3. Not knowingly transfer to a prohibited person under 18 U.S.C. 922(d). A seller who knows or has reasonable cause to believe that the buyer is prohibited commits a federal felony.

Practical steps: ask the buyer to produce a current concealed handgun license (which evidences a prior background check), or other documentation of eligibility. Create a bill of sale recording the date, parties, firearm make/model/serial number, and signatures, and keep a copy.

Federal overlay: 18 U.S.C. 922(a)(1) requires a person engaged in the business of dealing in firearms to hold a federal firearms license. Occasional private sales by a hobbyist generally do not constitute being engaged in the business; high-volume, systematic sales for profit may.

Permit-to-Purchase

West Virginia has no permit-to-purchase requirement. A West Virginia resident may buy a firearm from a federally licensed dealer through the standard ATF Form 4473 and NICS process. A current West Virginia concealed handgun license does not itself replace the federal point-of-sale check, because the West Virginia license is not currently a Brady-alternative qualifying permit for that purpose. Confirm current status on the ATF NICS-alternative permit chart before relying on a waiver.

Dealer-Delivery Waiting Period

West Virginia imposes no state waiting period at the point of firearm purchase. The federal NICS check at the dealer must return a result before transfer. If NICS returns a clean "proceed," the buyer may take the firearm immediately.

If NICS returns "delayed," the dealer may transfer after three business days if no further response is received. The Bipartisan Safer Communities Act of 2022 created an enhanced NICS review window for buyers under 21. West Virginia has not enacted a separate state waiting period.

Minors and Firearms

W. Va. Code 61-7-8 governs possession by minors. A person under 18 who is not married or otherwise emancipated may not possess or carry, concealed or openly, any deadly weapon. The statute provides two exceptions:

• On premises owned by the minor or the minor's family, or on another person's premises with the permission of the minor's parent or guardian and, for property the minor or family does not own, the permission of the owner or lessee.
• While hunting in a lawful manner, or while traveling from a place where the minor may lawfully possess the weapon to a hunting site and returning.

A violation by a person under 18 places the minor under the juvenile-delinquency jurisdiction of the circuit court under W. Va. Code 49-4-701 through 49-4-725.

Federal overlay at 18 U.S.C. 922(x) bars the transfer of a handgun or handgun ammunition to a juvenile under 18, with enumerated exceptions for hunting, target practice, training, and ranch or farm work, and separately bars a juvenile's possession of a handgun subject to the same exceptions.

For carry by adults: West Virginia does not generally prohibit open carry by a person 18 or older who may lawfully possess a firearm. Concealed carry by a person under 21 without a state license or other lawful authorization is a misdemeanor under W. Va. Code 61-7-3 (first offense fined $100 to $1,000 and up to twelve months in jail; a second or subsequent offense is a felony). Persons 18 to 20 may carry concealed with a provisional license under W. Va. Code 61-7-4a. See CONSTITUTIONAL_CARRY and OPEN_CARRY.

Prohibited Persons and Domestic-Violence Prohibitors

W. Va. Code 61-7-7(a) lists the persons who may not possess a firearm in West Virginia. The list includes a person convicted of a crime punishable by imprisonment for more than one year, a person habitually addicted to alcohol, an unlawful user of or person addicted to a controlled substance, a person adjudicated mentally incompetent or involuntarily committed, an illegal alien, a person dishonorably discharged from the armed forces, a person subject to a qualifying domestic-violence protective order, and a person convicted of a qualifying misdemeanor offense of assault or battery against a domestic relation. A violation of subsection (a) is a misdemeanor punishable by a fine of $100 to $1,000 or 90 days to one year in jail, or both. The statute contains no five-year limit on these prohibitions.

Note the interaction with carry. Under W. Va. Code 61-7-7(c), a person may carry concealed without a license only if at least 21, a United States citizen or legal resident, not prohibited under this section, and not prohibited under 18 U.S.C. 922(g) or (n).

A separate, more serious bar applies under W. Va. Code 61-7-7(b): a person convicted of a felony crime of violence against the person of another, a felony sexual offense, or certain felony controlled-substance offenses commits a felony by possessing a firearm, punishable by up to five years in prison or a fine of up to $5,000, or both. A prohibited person under subsection (a) who carries concealed commits an additional felony under subsection (d); a prohibited person under subsection (b) who carries concealed commits an additional felony under subsection (e).

Federal prohibitors run in parallel:

• 18 U.S.C. 922(g)(8) bars possession by a person subject to a qualifying domestic-violence protective order for the duration of the order.
• 18 U.S.C. 922(g)(9) bars possession by a person convicted of a misdemeanor crime of domestic violence, with no time limit.

West Virginia's Domestic Violence Act (W. Va. Code Chapter 48, Article 27) governs protective orders, and a court may order relinquishment of firearms as part of an order.

The U.S. Supreme Court in United States v. Rahimi (2024) upheld 18 U.S.C. 922(g)(8) against a Second Amendment challenge, so the federal protective-order prohibitor remains good law.

A person prohibited under W. Va. Code 61-7-7(a) may petition the circuit court to regain the ability to possess a firearm under subsection (f), and an expungement, set-aside, or unconditional pardon removes the bar under subsection (g).

Ammunition Rules

West Virginia imposes no permit, registration, or background-check requirement on the purchase of ammunition. Federal 18 U.S.C. 922(d) still prohibits selling ammunition to a federally prohibited person, and 18 U.S.C. 922(g) prohibits a prohibited person from possessing ammunition.

There is no magazine-capacity restriction in West Virginia, and federal law imposes none. Standard-capacity magazines of any size are lawful.

Antique Firearms and Curios

Federal 18 U.S.C. 921(a)(16) defines an antique firearm as a firearm manufactured in or before 1898, plus certain muzzleloaders and replicas that use black powder and cannot use fixed ammunition. The federal definition of "firearm" in 18 U.S.C. 921(a)(3) excludes antique firearms, so antiques are largely outside the federal Gun Control Act framework, including the dealer-sale and NICS requirements.

West Virginia regulates "firearms" and "deadly weapons" as defined in W. Va. Code 61-7-2. A buyer or collector should not assume that the federal antique exemption automatically removes an item from every state rule. The safest course is to treat an antique as an ordinary firearm for state possession purposes unless a specific exemption clearly applies.

Curios and relics under ATF collector rules (27 C.F.R. 478.11) are ordinary firearms for state and most federal purposes. The C&R designation primarily affects FFL acquisition and interstate transfer mechanics for collectors, not state carry or possession rules.

NFA Items and State Machine-Gun Law

National Firearms Act items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any-other-weapons) are addressed in detail in NFA_ITEMS. The short version: West Virginia permits civilian possession of federally registered NFA items, and machine guns lawful for civilian transfer are limited to pre-1986 registered units under the federal Hughes Amendment.

State law adds W. Va. Code 61-7-9, which makes it unlawful to carry, transport, or possess a machine gun, submachine gun, or other fully automatic weapon unless the person has fully complied with the applicable federal statutes and Treasury regulations. A violation is a misdemeanor punishable by a fine of $1,000 to $5,000 or 90 days to one year in jail, or both. In other words, a properly registered NFA machine gun is lawful in West Virginia; an unregistered one is a state crime as well as a federal one.

On the federal NFA making and transfer tax: under Pub. L. 119-21, the tax is $200 for a machine gun or destructive device and $0 for other NFA items such as suppressors, short-barreled rifles, short-barreled shotguns, and any-other-weapons. The change takes effect for calendar quarters beginning more than 90 days after July 4, 2025, with the first qualifying quarter beginning January 1, 2026. Registration under the NFA is still required even where the tax is $0.

Civil Defense for Justified Force

W. Va. Code 55-7-22 makes the justified use of reasonable and proportionate force a full and complete defense to any civil action brought by the intruder or attacker. The statute provides no duty to retreat for a lawful occupant defending a home or residence under subsection (b), and no duty to retreat for a person not engaged in unlawful activity who is attacked in a place he or she has a legal right to be under subsection (c). The defense is not available to a person committing or escaping from a felony, or who provoked the use of force, and it does not authorize resisting a law-enforcement officer acting in the line of duty. The use-of-force framework is summarized in CASTLE_DOCTRINE and USE_OF_FORCE.

Hunting Overlay

The West Virginia Division of Natural Resources regulates hunting under W. Va. Code Chapter 20. Firearms used in hunting are subject to species-specific and season-specific equipment rules that are independent of Chapter 61, Article 7.

Key points:

• A hunting license does not authorize concealed carry. Constitutional carry eligibility or a concealed handgun license is what controls concealed carry.
• Hunting on private land requires the landowner's permission.
• Hunting in state parks and on certain public lands is restricted. Verify the rule for the specific area, season, and species with the Division of Natural Resources.

Tribal Lands

West Virginia has no federally recognized tribes with land within the state. The tribal-jurisdiction analysis that applies in states with reservations does not arise for in-state carry in West Virginia.

A West Virginia resident traveling to a state with tribal land should research the specific tribal jurisdiction. Tribal codes vary; some mirror state law, others add restrictions.

Federal Preemption and Overlay

Federal firearms law sets a floor and supplies several rules that apply regardless of West Virginia's permissive posture:

• Federal dealer licensing governs who may deal in firearms (18 U.S.C. 923).
• Federal interstate-transport protection under 18 U.S.C. 926A protects a person transporting an unloaded, inaccessible firearm between two places where possession is lawful, notwithstanding contrary state rules along the route.
• LEOSA allows qualified active and retired law-enforcement officers to carry concealed across state lines under 18 U.S.C. 926B (active) and 18 U.S.C. 926C (qualified retired), subject to the statutes' conditions.
• Federal facilities are off limits under 18 U.S.C. 930, which penalizes knowingly possessing a firearm in a federal facility (other than a federal court facility) by a fine or up to one year in prison.
• Aircraft and the secured area of an airport: 49 U.S.C. 46505 makes it a federal crime to have a concealed, accessible dangerous weapon on or attempting to board an aircraft, or to place a loaded firearm in inaccessible cargo other than as permitted. This is the controlling aircraft-carry statute, not the general firearm-use provisions of 18 U.S.C. 924.
• The National Firearms Act framework (26 U.S.C. Chapter 53) governs NFA items.

On substantive in-state carry and possession, West Virginia law governs, and that framework is largely permissive, so federal restrictions are often the more important practical limit.

Notable Enactments Worth Tracking

• Constitutional (permitless) carry, enacted in 2016, allows a person 21 or older who may lawfully possess a firearm to carry concealed without a license. See W. Va. Code 61-7-7(c).
• Castle doctrine and stand-your-ground civil defense under W. Va. Code 55-7-22.
• Municipal preemption under W. Va. Code 8-12-5a, which limits municipal firearm regulation while allowing narrow exceptions for municipally owned or operated buildings and certain recreation facilities.
• Campus carry under W. Va. Code 18B-4-5b, which allows a valid concealed handgun license holder to carry a concealed pistol or revolver on the campuses and in the buildings of state institutions of higher education, subject to enumerated exceptions.

Verify the current status of any pending bill. The West Virginia Legislature posts current bill text at wvlegislature.gov.

Where to Look Next

• West Virginia Code at code.wvlegislature.gov for current statute text. Search W. Va. Code 61-7 directly.
• West Virginia Attorney General's office at ago.wv.gov for opinions and reciprocity policy.
• County sheriff offices for both standard and provisional concealed-carry license applications. Under W. Va. Code 61-7-4 and 61-7-4a, the sheriff of your county receives, processes, and issues both licenses.
• West Virginia State Police at wvsp.gov for the statewide application form and the concealed-carry license registry (the State Police prepare the form and maintain records, but do not issue the license).
• ATF NICS-alternative permit chart at atf.gov for the current status of the West Virginia license.
• West Virginia Division of Natural Resources at wvdnr.gov for the hunting overlay.

This catch-all reflects West Virginia firearm law as of June 2026. The constitutional-carry framework adopted in 2016 has largely stabilized, and the provisional license pathway under W. Va. Code 61-7-4a remains a distinctive feature. Confirm current law before relying on any provision affected by pending litigation or legislation.