Constitutional Carry in West Virginia

The Headline

West Virginia is a constitutional-carry state for persons 21 years of age and older who may lawfully possess a firearm. This has been the law since 2016, when SB 347 took effect over the veto of then-Governor Earl Ray Tomblin. No state-issued license is required for in-state concealed carry by qualifying adults.

The affirmative authorization is in W. Va. Code 61-7-7(c). It states 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).

Persons aged 18 to 20 are not covered by the permitless framework in 61-7-7(c). For that age range, a Provisional License to Carry a Concealed Deadly Weapon under W. Va. Code 61-7-4a is required for concealed carry (see PERMIT_BASICS).

Statutory Authority

The permitless-carry rule is built from two complementary provisions, not from a single "constitutional carry" statute:

• W. Va. Code 61-7-7(c) affirmatively authorizes permitless concealed carry. It provides that any person may carry a concealed deadly weapon without a license who is (1) at least 21 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 under 18 U.S.C. 922(g) or (n).
• W. Va. Code 61-7-3 now reaches only persons under 21. Its title is "Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age." SB 347 (2016) narrowed the criminal prohibition so that it no longer applies to qualifying adults 21 and older. A person under 21 who carries a concealed deadly weapon without a state license or other lawful authorization is guilty of a misdemeanor on a first offense (fine of $100 to $1,000 and up to 12 months in jail) and a felony on a second or subsequent offense (one to five years in a state correctional facility and a fine of $1,000 to $5,000).

For any person who is 21 or older, a citizen or legal resident, and not prohibited, concealed carry of a pistol or revolver in West Virginia requires no state-issued license, training certificate, or registration.

Who May Carry Without a Permit

Under W. Va. Code 61-7-7(c), a person may carry a concealed deadly weapon in West Virginia without a license if all of the following apply:

1. Age 21 or older at the time of carry.
2. United States citizen or legal resident of the United States.
3. Not prohibited under W. Va. Code 61-7-7. The prohibited categories in 61-7-7(a) include persons convicted of a crime punishable by imprisonment for a term exceeding one year, persons habitually addicted to alcohol, unlawful users of or persons habitually addicted to a controlled substance, persons adjudicated mentally incompetent or involuntarily committed, aliens illegally or unlawfully in the United States, persons dishonorably discharged from the armed forces, persons subject to a qualifying domestic-violence protective order, and persons convicted of a qualifying misdemeanor crime of domestic violence.
4. Not prohibited under 18 U.S.C. 922(g) or (n). The federal prohibitor categories at 922(g) largely overlap with the state list but apply independently. Section 922(n) separately bars receipt of a firearm by a person under indictment for a crime punishable by imprisonment for a term exceeding one year. Even a person whose state firearm rights have been restored may still be prohibited under federal law.

A person who meets these conditions may carry concealed without a state license. The person remains subject to all West Virginia and federal location restrictions, brandishing limits, and prohibited-person rules even though no license is required for the carry itself.

What Constitutional Carry Does Not Authorize

Permitless carry does not:

• Override federal law. A person prohibited under 18 U.S.C. 922(g) or (n) cannot lawfully carry, with or without a state license.
• Authorize carry in prohibited places. The state location restrictions in W. Va. Code 61-7-11a (premises of educational facilities, courthouses, and family-law courts) and federal restrictions (federal courthouses and federal facilities under 18 U.S.C. 930, military installations, and similar) apply equally to permitless carriers and to license holders.
• Authorize brandishing or threatening conduct. W. Va. Code 61-7-11 makes it a misdemeanor for any person armed with a firearm or other deadly weapon, whether licensed or not, to carry, brandish, or use the weapon in a manner that causes or threatens a breach of the peace. The penalty is a fine of $50 to $1,000, or confinement in the county jail for 90 days to one year, or both.
• Provide reciprocity protection in other states. Permitless carry is a West Virginia status with effect only within West Virginia. To carry concealed in a state that grants recognition, the traveler must hold a West Virginia license under W. Va. Code 61-7-4 (or the host state's permit). See W. Va. Code 61-7-6a for West Virginia's own recognition of out-of-state permits.
• Override private-property restrictions. W. Va. Code 61-7-14, the Business Liability Protection Act, lets any owner, lessee, or other person charged with the care, custody, and control of real property prohibit the open or concealed carrying of a firearm on property under his or her domain.
• Exempt the carrier from the federal Gun-Free School Zones Act. Under 18 U.S.C. 922(q), carrying a firearm within 1,000 feet of a school zone is generally prohibited unless an exception applies. The license exception at 18 U.S.C. 922(q)(2)(B)(ii) protects only a person licensed by the state in which the school zone is located. A permitless carrier without a West Virginia license is not covered by that exception.

Why Many Eligible Persons Still Get a License

Even though no in-state license is required for qualifying adults 21 and older, the West Virginia license under W. Va. Code 61-7-4 keeps real practical value:

• Reciprocity. Other states do not generally recognize permitless status. To carry concealed in a recognizing state, the West Virginia traveler must hold a West Virginia license.
• Federal Gun-Free School Zone protection. A West Virginia license can bring the holder within the 18 U.S.C. 922(q)(2)(B)(ii) exception for federal-zone purposes, subject to West Virginia's own school restrictions in W. Va. Code 61-7-11a.
• Campus carry. Concealed carry on the campus and in the buildings of a state institution of higher education under W. Va. Code 18B-4-5b is limited to a person holding a current and valid license. A permitless carrier is not authorized to carry concealed on public college and university campuses.
• NICS-alternative status at purchase. A current and valid standard license satisfies the point-of-sale background-check requirement when buying from a federally licensed dealer. Note the contrast with the provisional license, which under W. Va. Code 61-7-4a is expressly "NOT NICS EXEMPT" and does not satisfy 18 U.S.C. 922(t)(3); a NICS check is still required before a provisional-license holder buys from a dealer.
• Documentary proof of eligibility. A license is a convenient form of documentary proof during stops or other encounters, particularly outside West Virginia.

Provisional License for Ages 18 to 20

Permitless carry under 61-7-7(c) is restricted to persons 21 and older. Persons aged 18 through 20 who wish to carry concealed must obtain a Provisional License under W. Va. Code 61-7-4a. Like the standard license, the provisional license is applied for and issued through the sheriff of the applicant's county, not the State Police. The application fee is $15 plus a $15 issuance fee, the applicant must complete a live-fire handgun training course, and the license is valid until the holder turns 21 unless sooner revoked. It authorizes carry of a concealed pistol or revolver on the lands and waters of the state, but it is not NICS-exempt. See PERMIT_BASICS for the full provisional-license eligibility and process.

There are also limited exceptions in W. Va. Code 61-7-6 under which a person 18 to 20 may carry without a provisional license, including carrying on his or her own premises, transporting an unloaded firearm to or from the place of purchase or repair, and lawful hunting or travel to and from a hunting or target-practice site.

Open Carry

West Virginia has long permitted open carry of a handgun without a permit for persons not prohibited from possession. SB 347 added permitless concealed carry for qualifying adults 21 and older but did not change the rules for open carry. See OPEN_CARRY for the complete framework.

Self-Defense and Civil Immunity

Permitless or licensed status does not change the rules on use of force. W. Va. Code 55-7-22 provides that a lawful occupant of a home or residence may use proportionate force, including deadly force, against an intruder, with no duty to retreat. A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be may also stand his or her ground and, where reasonably necessary, use deadly force. The statute creates a full and complete defense to a civil action brought by the intruder or attacker, with exceptions for persons committing a felony or who provoked the confrontation. See USE_OF_FORCE and CASTLE_DOCTRINE for the full analysis.

Prohibited Places and Brandishing

Permitless carry is in-state lawful possession. Location restrictions still apply:

• Educational facilities, courthouses, and family-law courts. W. Va. Code 61-7-11a restricts firearm possession on the premises of educational facilities and on premises housing courts of law and family law courts.
• Higher-education campuses. W. Va. Code 18B-4-5b allows concealed carry on public college and university campuses only by holders of a current and valid license, subject to the institution's authority to regulate specified sensitive areas.
• Federal facilities. 18 U.S.C. 930 restricts firearms in federal facilities, and federal courthouses and military installations have their own rules.
• Private property. W. Va. Code 61-7-14 preserves the right of a property owner or person in control of premises to prohibit firearms.
• Brandishing. W. Va. Code 61-7-11 punishes brandishing a deadly weapon or carrying in a manner that causes or threatens a breach of the peace.

See PROHIBITED_PLACES for the comprehensive list.

Penalties for Prohibited Persons Who Carry

A prohibited person does not gain any benefit from the permitless framework. Under W. Va. Code 61-7-7(a), a prohibited person who possesses a firearm is guilty of a misdemeanor (fine of $100 to $1,000, or confinement of 90 days to one year, or both). As a separate and additional offense under 61-7-7(d), 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 up to $5,000, or both. For persons prohibited under the more serious felony-of-violence and controlled-substance categories in 61-7-7(b), the additional concealed-carry offense under 61-7-7(e) is a felony punishable by up to ten years or a fine up to $10,000, or both.

Recent Developments

• SB 347 (2016, effective 2016). Permitless concealed carry enacted over Governor Tomblin's veto. W. Va. Code 61-7-3 was narrowed to reach only persons under 21, and 61-7-7(c) authorizes permitless carry for qualifying adults 21 and older.
• Provisional license preserved. SB 347 retained W. Va. Code 61-7-4a so adults aged 18 to 20 can still obtain a license for concealed carry.
• Reciprocity. West Virginia recognizes qualifying out-of-state permits under W. Va. Code 61-7-6a. See RECIPROCITY for the current list and conditions.
• Campus carry. W. Va. Code 18B-4-5b authorizes licensed concealed carry on public higher-education campuses, with regulated sensitive areas, effective July 1, 2024.

Always confirm the current statute text before relying on any summary, because the West Virginia Legislature amends Chapter 61, Article 7 from session to session.