West Virginia is a permitless (constitutional) carry state. Under W. Va. Code 61-7-7(c), any person who is at least 21, is a U.S. citizen or legal resident,...
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West Virginia is a permitless (constitutional) carry state. Under W. Va. Code 61-7-7(c), any person who is at least 21, is a U.S. citizen or legal resident, and is 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 pistol or revolver without any license. You do not need a license to carry concealed in West Virginia if you meet those conditions.
A license is still useful. It is the basis for reciprocity in other states, it is honored when entering certain places, and the standard resident or nonresident license is a NICS exemption for handgun purchases under 18 U.S.C. 922(t)(3). West Virginia issues licenses through the county sheriff, not the State Police:
Both are shall-issue. The sheriff must issue the license unless the application is incomplete, contains materially false or incorrect statements, or the applicant does not meet the statutory requirements. The sheriff must issue, reissue, or deny within 45 days after the application is filed, once all required background checks are completed (W. Va. Code 61-7-4(g); 61-7-4a(f)).
The licensing requirements are set out by statute. The sheriff may not add requirements beyond what the statute lists. For the standard license (W. Va. Code 61-7-4(b)), an applicant must certify, and the background check must confirm:
For the provisional license (W. Va. Code 61-7-4a(a)), the criteria are the same except that the applicant must be at least 18 and under 21, and must be a bona fide resident of West Virginia and of the county where the application is made. There is no nonresident provisional license.
Complete a qualifying handgun course that includes the actual live firing of ammunition. W. Va. Code 61-7-4(e) (and 61-7-4a(d) for the provisional license) lists the courses that satisfy this requirement, including an official NRA handgun safety or training course, a course offered by a law-enforcement organization or an educational institution using certified instructors, a course taught by an instructor certified by the state or the NRA, and qualifying military training. See TRAINING_REQUIREMENTS for the full list and the proof the statute accepts.
Keep your certificate of completion or instructor affidavit. The proof you submit must include the instructor's name and signature and, where applicable, the instructor's NRA or state instructor identification number. For a renewal of the standard license, the training requirement is waived if you previously qualified (W. Va. Code 61-7-4(b)(11)).
The Superintendent of the West Virginia State Police prepares the uniform application forms for both resident and nonresident standard licenses and for provisional licenses (W. Va. Code 61-7-4(j); 61-7-4a(i)). You file the completed form with the sheriff.
The application is filed in writing, duly verified, and asks only for the licensing items the statute lists (W. Va. Code 61-7-4(b); 61-7-4a(a)):
The application must be notarized by a notary public (W. Va. Code 61-7-4(f); 61-7-4a(e)). Falsifying any portion of the application is false swearing, punishable under W. Va. Code 61-5-2. Read the entire form before signing.
Fees are set by statute, not by the county:
Certain applicants are exempt from license fees. An honorably discharged veteran of the U.S. armed forces, reserve, or National Guard, and an honorably retired law-enforcement officer from the agencies listed in the statute, are exempt from the fees and costs for a resident license, though all other application and background-check requirements still apply (W. Va. Code 61-7-4(q)). Certain judicial officers and prosecutors are also exempt from application and licensure fees but must still apply and meet the training and licensure requirements (W. Va. Code 61-7-6(b)). See FEES_COSTS.
For both initial and renewal applications, the sheriff conducts a nationwide criminal background check consisting of the National Instant Criminal Background Check System (NICS), the West Virginia criminal history record responses, and the National Interstate Identification Index, and reviews the results to confirm the application is true and correct (W. Va. Code 61-7-4(c); 61-7-4a(b)). The sheriff may not issue the license 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).
The statute requires this records-based check. It does not require the applicant to submit fingerprints. Some sheriffs may ask for additional documentation if a records match is ambiguous.
If you qualify, the sheriff issues the license within 45 days after the application is filed, once the background checks are complete (W. Va. Code 61-7-4(g); 61-7-4a(f)). The license card is wallet-sized, bears the licensee's name, address, and signature, is signed and sealed by the sheriff, and features a photograph of the licensee. Cards are uniform across all 55 counties (W. Va. Code 61-7-4(i); 61-7-4a(h)).
If you are denied, the sheriff must state the specific reasons for the denial (W. Va. Code 61-7-4(k); 61-7-4a(j)).
A provisional license is marked "NOT NICS EXEMPT" and carries a statement that it does not satisfy 18 U.S.C. 922(t)(3), so a NICS check must still be run when the holder buys a firearm from a federally licensed dealer (W. Va. Code 61-7-4a(h)). A provisional licensee who turns 21 and wants the NICS-exemption and broader benefits of the standard license should apply to the sheriff for a standard license under W. Va. Code 61-7-4.
A denied applicant may file a petition in the circuit court of the county where the application was made, seeking review of the denial. The petition must be filed within 30 days of the denial. The court decides whether the applicant is entitled to a license under the statutory criteria. The applicant may be represented by counsel, but the court is not required to appoint counsel. If the court does not 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. If the court upholds the denial, the applicant may appeal under the Rules of Appellate Procedure of the Supreme Court of Appeals (W. Va. Code 61-7-4(k); 61-7-4a(j)).
Consult a West Virginia attorney before filing an appeal.
If a license is lost or destroyed, the licensee may obtain a duplicate for a $5 fee by filing a notarized statement with the sheriff (W. Va. Code 61-7-4(l); 61-7-4a(k)).
A standard-license holder who relocates must notify the sheriff in writing within 20 days and obtain a corrected license for a fee not to exceed $5. The corrected license keeps the original expiration date and remains valid for the rest of the five-year term unless the sheriff determines the person is no longer eligible. The statute spells out the procedure for moving within the state, out of state, and into the state, including conversion between resident and nonresident licenses (W. Va. Code 61-7-4(m)). A provisional license remains valid after a move to another county within the state until the holder turns 21, provided the holder notifies the new county's sheriff within 20 days and obtains a corrected card for a fee not to exceed $5 (W. Va. Code 61-7-4a(l)).
Application records and any information that would identify an applicant for or holder of a license are confidential. They may be disclosed only to a law-enforcement agency or officer to verify a license, to assist a criminal investigation or prosecution, or for other lawful law-enforcement purposes. Unlawful disclosure is a misdemeanor punishable by a fine of $50 to $200 per offense (W. Va. Code 61-7-4(r); 61-7-4a(p)).
See RENEWAL_PROCESS. Renewals are filed with the sheriff. The standard license renews for five years from the licensee's most recent birthday, and the training requirement is waived for a renewal applicant who previously qualified (W. Va. Code 61-7-4(b)(11) and (h)).
| Statute | Subject |
|---|---|
| W. Va. Code 61-7-3 | Carrying concealed under 21 without a provisional license; penalties |
| W. Va. Code 61-7-4 | Standard license: application, fees, training, issuance, denial, renewal |
| W. Va. Code 61-7-4a | Provisional license for ages 18-20; issued by the sheriff |
| W. Va. Code 61-7-5 | Revocation of license |
| W. Va. Code 61-7-6 | Exceptions for ages 18-20; fee exemptions for certain judicial officers and prosecutors |
| W. Va. Code 61-7-7 | Persons prohibited; permitless carry for those 21 and older; rights restoration |
| W. Va. Code 61-7-7A (Article 7A) | Restoration of firearm rights after a mental-health adjudication or commitment |
| W. Va. Code 61-5-2 | False swearing (false statements on the application) |
| 18 U.S.C. 922(g) and (n) | Federal prohibited-person categories, including persons under felony indictment under 922(n) |
| 18 U.S.C. 921(a)(33) | Federal definition of a misdemeanor crime of domestic violence |
This page covers one part of our West Virginia concealed carry guide.
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