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...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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 The same bill repealed W. Va.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offense of carrying concealed under 21 without a provisional license, and the text under that section now reads only "Repealed."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.
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.
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.
| Standard license, § 61-7-4 | Provisional license, § 61-7-4a | |
|---|---|---|
| Age | 21 or older | At least 18 and less than 21 |
| Residency | Resident or nonresident | Bona fide resident of this state and of the county of application |
| Application fee | $50 resident, $100 nonresident | $15 at application, plus $15 paid before the license issues or takes effect |
| Training | Live fire required, § 61-7-4(e) | Live fire required, § 61-7-4a(d) |
| Weapons covered | Pistols and revolvers only | Pistols and revolvers only |
| Term | Five years from the most recent birthday | Until the licensee turns 21, unless sooner revoked |
| NICS | Serves as a permit alternative under 18 U.S.C. § 922(t)(3) if issued on or after June 4, 2014 | Card must state NOT NICS EXEMPT, § 61-7-4a(h) |
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.
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.
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.
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:
| Offense | Grading |
|---|---|
| Wanton endangerment involving a firearm, § 61-7-12 | Felony, one to five years, or at the court discretion up to one year in county jail, or a fine of $250 to $2,500, or both |
| Use or presentation of a firearm during a felony, § 61-7-15a | Separate felony, up to 10 years |
| Wearing body armor while committing a qualifying violent felony, § 61-7-15 | Felony, two to ten years or a fine up to $10,000, or both |
| Machine gun or other fully automatic weapon without full federal compliance, § 61-7-9 | Misdemeanor, fine of $1,000 to $5,000, or 90 days to one year in county jail, or both |
| Knowingly selling, renting, giving, or lending a firearm or ammunition to a person prohibited by Article 7 or 18 U.S.C. § 922, § 61-7-10(c) | Felony under § 61-7-10(d): three to ten years, fine up to $100,000, or both; up to $250,000 where the violator is not a natural person |
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.
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.
This page covers one part of our West Virginia concealed carry guide.
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