West Virginia Concealed Carry Laws

The Headline

West Virginia is a permitless (constitutional) carry state. A person who is at least 21 years old, a United States citizen or legal resident, and not otherwise prohibited may carry a concealed handgun without any state license. That permissive rule is set out directly in W. Va. Code 61-7-7(c). West Virginia recognizes three legal modes of concealed carry:

1. Permitless (constitutional) carry for persons 21 or older who may lawfully possess a firearm. No license, training certificate, or registration is required (W. Va. Code 61-7-7(c)).
2. Standard License to Carry a Concealed Deadly Weapon for residents and nonresidents 21 or older who want the license for out-of-state reciprocity, NICS-exempt purchase status, or federal gun-free school zone coverage (W. Va. Code 61-7-4).
3. Provisional License to Carry a Concealed Deadly Weapon for persons at least 18 but under 21 (W. Va. Code 61-7-4a).

In every mode the carrier remains subject to the location limits in W. Va. Code 61-7-11a and 61-7-14, the brandishing offense in W. Va. Code 61-7-11, the prohibited-person rules in W. Va. Code 61-7-7, and overlapping federal law, including 18 U.S.C. 922(g), 18 U.S.C. 922(q), and 18 U.S.C. 930.

Statutory Framework

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." A deadly weapon is concealed when it is carried on or about the person in a manner that another person in the ordinary course of events would not be placed on notice that the weapon is being carried. A handgun worn openly in a hip holster, in plain view, is generally treated as openly carried. The same handgun under a jacket or inside a closed bag is concealed. Do not rely on partial concealment. If the handgun is not visible to a reasonable observer, treat the carry as concealed for permit purposes.

For licensees, W. Va. Code 61-7-2(3) adds a vehicle rule: a concealed handgun 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. A West Virginia license, whether standard or provisional, may be issued only for pistols and revolvers (W. Va. Code 61-7-4(a), 61-7-4a(a)).

Permitless (Constitutional) Carry - 21 and Older

W. Va. Code 61-7-7(c) provides that any person may carry a concealed deadly weapon without a license who is:

• At least 21 years of age;
• A United States citizen or legal resident;
• Not prohibited from possessing a firearm under W. Va. Code 61-7-7; and
• Not prohibited under 18 U.S.C. 922(g) or (n).

This permissive framework has been in place since Senate Bill 347 took effect on May 24, 2016. No state license, training, or registration is required for an eligible person 21 or older. Permitless carriers remain subject to the same location limits, brandishing rule, and federal restrictions that apply to license holders. The permissive rule does not preempt federal law and does not override a private property owner's right to restrict firearms under W. Va. Code 61-7-14.

Standard License (W. Va. Code 61-7-4) - Why Many Still Carry One

Even though in-state concealed carry no longer requires a license for adults 21 and older, the standard West Virginia license keeps several practical benefits:

• Out-of-state reciprocity. Other states recognize the West Virginia license through their own reciprocity statutes. Permitless-carry status alone is generally not recognized outside West Virginia. See RECIPROCITY for the operative list under W. Va. Code 61-7-6a.
• NICS-exempt purchase. A current and valid West Virginia license can serve as an alternative to a separate NICS check at the point of purchase from a federally licensed dealer. A provisional license does not provide this benefit; its card is marked "NOT NICS EXEMPT" (W. Va. Code 61-7-4a(h)).
• Federal gun-free school zone coverage. The Gun-Free School Zones Act at 18 U.S.C. 922(q) exempts a person licensed by the state in which the school zone is located. State location limits in W. Va. Code 61-7-11a still apply.
• Documentary proof of eligibility. The license is ready proof of carry authority during a stop or other encounter.

The standard license is issued by the county sheriff, not the State Police. An applicant must be 21 or older, a United States citizen or legal resident, and not prohibited under W. Va. Code 61-7-7 or 18 U.S.C. 922(g) or (n). The application fee is $50 for a resident and $100 for a nonresident, and the applicant must complete an approved handgun training course that includes live fire (W. Va. Code 61-7-4(a), (e)). The license is valid for five years (W. Va. Code 61-7-4(h)). Honorably discharged veterans and honorably retired law-enforcement officers are exempt from the fees (W. Va. Code 61-7-4(q)), and an applicant may claim a state tax credit of up to $50 for training or application costs (W. Va. Code 61-7-4(s)). See PERMIT_BASICS and APPLICATION_PROCESS for the full process.

Provisional License - Ages 18 Through 20

W. Va. Code 61-7-4a establishes a Provisional License to Carry a Concealed Deadly Weapon for a person at least 18 but under 21. Key features:

• Issued by the county sheriff (W. Va. Code 61-7-4a(a)), the same office that issues the standard license.
• Application fee of $15, plus a $15 fee forwarded to the State Police before the license is effective (W. Va. Code 61-7-4a(a), (g)).
• Training requirement that mirrors the standard license, including live fire (W. Va. Code 61-7-4a(d)).
• Valid until the licensee turns 21, unless sooner revoked (W. Va. Code 61-7-4a(g)).
• Not NICS exempt. The card states that it does not satisfy 18 U.S.C. 922(t)(3), so a NICS check is still required before a dealer purchase (W. Va. Code 61-7-4a(h)).

The provisional license preserves a lawful concealed-carry pathway for adults aged 18 through 20 who fall below the 21-and-older permitless threshold. A person under 21 who carries concealed without a provisional license or other authorization commits an offense under W. Va. Code 61-7-3. See PERMIT_BASICS for the full provisional license framework.

Where Concealed Carry Is Restricted

Permitless carriers and license holders alike are subject to these location limits:

• Educational facilities. W. Va. Code 61-7-11a restricts firearm possession on the premises of primary and secondary schools and certain other educational facilities, subject to statutory exceptions. See PROHIBITED_PLACES.
• Courts. W. Va. Code 61-7-11a also restricts firearms on premises housing courts of law and family law courts.
• Federal facilities. 18 U.S.C. 930 bars firearms in a federal facility (other than a federal court facility, which has no such "other lawful purpose" exception), punishable by up to one year in federal prison, with limited statutory exceptions.
• Private property. W. Va. Code 61-7-14, the Business Liability Protection Act, lets any owner, lessee, or person in control of real property prohibit the open or concealed carrying of firearms on that property. A person who refuses to relinquish a firearm on request or to leave the premises while armed commits a misdemeanor punishable by a fine of up to $1,000 or up to six months in jail, or both (W. Va. Code 61-7-14(c)).
• Establishments licensed to serve alcohol. A licensee may post restrictions under W. Va. Code 61-7-14. See UNDER_INFLUENCE for the impairment rules.

See PROHIBITED_PLACES for the full inventory of restricted locations.

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

A lawfully concealed handgun becomes a criminal problem the moment it is brandished. W. Va. Code 61-7-11 makes it unlawful for any person armed with a firearm or other deadly weapon, whether licensed or not, to carry, brandish, or use the weapon in a way or manner that causes or threatens 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 jail for not less than 90 days nor more than one year, or both.

The brandishing statute applies regardless of permit status, so permitless carriers face the same exposure as license holders. The brandishing rule does not bar the lawful display of a firearm in genuine self-defense. W. Va. Code 55-7-22 supplies a full civil defense for a person who lawfully uses reasonable and proportionate force, including the no-duty-to-retreat rules for the home and for any place a person has a legal right to be. See USE_OF_FORCE and CASTLE_DOCTRINE for the justification analysis.

Carrying While Under the Influence

Carrying a firearm while impaired by alcohol or a controlled substance carries legal risk in West Virginia, and a posted alcohol-serving establishment can bar firearms under W. Va. Code 61-7-14. West Virginia does not set out a single, separate firearm-specific impairment offense in Article 7 of Chapter 61 the way some states do, so the analysis turns on the prohibited-person rules and related conduct offenses rather than a fixed firearm blood-alcohol threshold. See UNDER_INFLUENCE for the complete treatment.

Vehicle Carry

An eligible person 21 or older may carry a concealed handgun in a vehicle without a state license under W. Va. Code 61-7-7(c). For a licensee, W. Va. Code 61-7-2(3) treats a handgun in a storage area in or on the vehicle as carried on or about the person. A person under 21 needs a provisional license under W. Va. Code 61-7-4a to carry concealed in a vehicle, subject to the limited exceptions in W. Va. Code 61-7-6(a), such as transporting an unloaded firearm from the place of purchase or while lawfully hunting. Interstate travelers may also rely on the transport protection in 18 U.S.C. 926A. See VEHICLE_CARRY for the full treatment.

Reciprocity

W. Va. Code 61-7-6a governs West Virginia's recognition of out-of-state concealed handgun permits. A nonprohibited person who is at least 21 may also carry concealed in West Virginia under the in-state permissive rule in W. Va. Code 61-7-7(c) regardless of any out-of-state permit. See RECIPROCITY for the operative recognition rules.

Federal Overlays

Federal law that runs alongside West Virginia's concealed-carry rules:

• 18 U.S.C. 922(g) - federal prohibited-person categories (felony conviction, unlawful drug use, certain domestic violence findings, and others). A person prohibited federally may not carry regardless of state-law status.
• 18 U.S.C. 922(n) - prohibits a person under indictment for a felony from receiving a firearm. West Virginia's licensing statutes incorporate both 922(g) and 922(n) by reference.
• 18 U.S.C. 922(q) - Gun-Free School Zones Act. A person licensed by the state in which the school zone sits is exempt; an unlicensed permitless carrier is not.
• 18 U.S.C. 926A - interstate transportation of an unloaded firearm that is not readily accessible from the passenger compartment, or is kept in a locked container, when traveling between two places where possession is lawful.
• 18 U.S.C. 926B and 926C - the Law Enforcement Officers Safety Act, authorizing qualified active (926B) and qualified retired (926C) officers to carry concealed nationwide, subject to the statute's conditions.
• 18 U.S.C. 930 - bars firearms in federal facilities.

Penalties for Unlawful Concealed Carry

• Under 21 without authorization. A person under 21, not otherwise prohibited, who carries a concealed deadly weapon without a state license or other lawful authorization commits a misdemeanor punishable by a fine of $100 to $1,000 and up to 12 months in jail for a first offense. A second or subsequent offense is a felony punishable by one to five years in a state correctional facility and a fine of $1,000 to $5,000 (W. Va. Code 61-7-3).
• Prohibited person in possession. A person prohibited under W. Va. Code 61-7-7(a) who possesses a firearm commits a misdemeanor punishable by a fine of $100 to $1,000 or 90 days to one year in jail, or both.
• Prohibited person carrying concealed. A person prohibited under W. Va. Code 61-7-7(a) who carries a concealed firearm commits a separate felony punishable by up to three years and a fine up to $5,000 (W. Va. Code 61-7-7(d)). A person prohibited under the more serious categories in W. Va. Code 61-7-7(b), such as a violent felon, who carries concealed commits a felony punishable by up to 10 years and a fine up to $10,000 (W. Va. Code 61-7-7(e)).
• Federal violations. A prohibited-person violation under 18 U.S.C. 922(g) is a felony carrying substantial federal prison exposure.