No, if you are 21 or older and not prohibited from possessing a firearm. West Virginia has been a permitless (constitutional) carry state since the 2016...
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No, if you are 21 or older and not prohibited from possessing a firearm. West Virginia has been a permitless (constitutional) carry state since the 2016 legislation took effect on May 24, 2016. The authority is W. Va. Code 61-7-7(c), which provides that any person at least 21 years of age, who is a United States 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 through 20 who want to carry concealed need a Provisional License to Carry a Concealed Deadly Weapon under W. Va. Code 61-7-4a.
A person under 21 who carries a concealed deadly weapon without a license or other lawful authorization commits a misdemeanor under W. Va. Code 61-7-3.
Yes. A non-resident who is 21 or older and not prohibited may carry concealed in West Virginia on the same permitless basis as a resident under W. Va. Code 61-7-7(c). A non-resident may also rely on a valid out-of-state permit, but only if the conditions of W. Va. Code 61-7-6a are met (see Reciprocity below). A non-resident may apply for a West Virginia nonresident license under W. Va. Code 61-7-4 for a $100 fee.
W. Va. Code 61-7-7(a) lists the state prohibitor categories. A person may not possess a firearm who:
Federal law in 18 U.S.C. 922(g) adds further categories (including a fugitive from justice and a person who has renounced United States citizenship), and 18 U.S.C. 922(n) separately bars a person under felony indictment from receiving a firearm. Anyone in a prohibited category cannot carry concealed, with or without a license.
Three concrete reasons:
The statutory application fee under W. Va. Code 61-7-4(a) is $50 for a resident license and $100 for a nonresident license. Add the cost of the required handgun training course, ammunition and range fees, and notarization. Honorably discharged veterans and honorably retired law-enforcement officers are exempt from the fees under W. Va. Code 61-7-4(q), and W. Va. Code 61-7-4(s) gives a tax credit of up to $50 for training paid. See FEES_COSTS.
The sheriff must issue, reissue, or deny within 45 days after the application is filed, once the required background checks are complete (W. Va. Code 61-7-4(g)).
W. Va. Code 61-7-4(e) requires completion of a handgun training course that includes the actual live firing of ammunition. Any of the following satisfies the requirement: an official NRA handgun safety or training course; a course offered to the general public by a law-enforcement organization, college, or training school using certified instructors; a course taught by an instructor certified by the state or the NRA; or qualifying military training. The statute does not specify a minimum number of hours and does not mandate instruction in West Virginia statutory law.
A Provisional License under W. Va. Code 61-7-4a is a concealed-carry license for persons at least 18 and less than 21 years of age. Like the standard license, the applicant applies to the sheriff of his or her county, not the State Police, and pays a $15 application fee plus a $15 issuance fee. It authorizes the holder to carry a concealed pistol or revolver on the lands and waters of the state, the same as a standard license, except that it is not NICS-exempt.
No. Under W. Va. Code 61-7-4a(g), the Provisional License is valid until the licensee turns 21, unless sooner revoked. Once you turn 21 you may carry without any license under W. Va. Code 61-7-7(c), or apply for a standard license under W. Va. Code 61-7-4 for broader out-of-state recognition.
Conditionally. Under W. Va. Code 61-7-6a, a valid out-of-state permit is honored in West Virginia only if the holder is 21 or older, has the permit in immediate possession, is not a West Virginia resident, and the other state either recognizes West Virginia licenses or has a reciprocity agreement with the West Virginia Attorney General. A West Virginia resident cannot use another state's permit inside West Virginia. A non-resident carrying under this section is subject to the same restrictions as a West Virginia licensee.
A large number of states recognize the West Virginia standard license, but the list changes and is administered by the West Virginia Attorney General. Check the Attorney General's current reciprocity list before you travel rather than relying on any fixed count. See RECIPROCITY.
You may transport a firearm through Maryland under the federal transport protection in 18 U.S.C. 926A: the firearm must be unloaded and in a locked container (not the glove compartment or console), with ammunition stored separately, while you are traveling between two places where you may lawfully possess it. The protection covers transit only. Maryland does not recognize the West Virginia license.
Washington, D.C. has its own strict permitting scheme and does not recognize West Virginia licenses. Lawful transport through D.C. depends on federal protection under 18 U.S.C. 926A; carry while stopped or staying in D.C. is unlawful without D.C. authorization.
No. W. Va. Code 61-7-11a makes it unlawful to possess a firearm or deadly weapon on a school bus, in or on the grounds of a primary or secondary educational facility, or at a covered school-sponsored function. A violation is a felony punishable by two to ten years in a state correctional facility or a fine up to $5,000. There is a narrow exception in 61-7-11a(b)(2)(K): a person 21 or older with a valid concealed handgun permit may keep a concealed handgun in a motor vehicle in a school parking lot or driveway if it is stored out of view (and, when the vehicle is unoccupied, locked in a glove box, interior compartment, locked trunk, or locked container).
Yes, with a license, subject to limits. W. Va. Code 18B-4-5b (the Campus Self-Defense Act, effective July 1, 2024) allows a person with a current and valid concealed-carry license to carry a concealed pistol or revolver on the campus and in the buildings of a state institution of higher education. The statute carves out areas the institution may still restrict, including large stadiums or arenas (over 1,000 spectators), on-campus daycare facilities, secure law-enforcement areas, rooms where a disciplinary proceeding is being held, certain high-hazard laboratories, and patient-care or counseling areas. Confirm the specific campus policy before relying on the law.
No. W. Va. Code 61-7-11a(g) makes it unlawful to possess a firearm or deadly weapon on the premises of a court of law, including family courts. A basic violation is a misdemeanor; possession with intent to commit a crime is a felony under 61-7-11a(h).
No. 18 U.S.C. 930 prohibits firearms in federal facilities, and federal restrictions are not affected by West Virginia law. Federal courthouses, post offices, and military installations are off limits.
West Virginia law does not prohibit concealed carry in a restaurant that serves alcohol. Two cautions:
Yes. W. Va. Code 61-7-14 (the Business Liability Protection Act) provides in subsection (d) that an employer or property owner may not prohibit a customer, employee, or invitee from keeping a lawfully owned firearm that is out of view and locked inside or locked to a private motor vehicle in a parking lot. An employer may not search the vehicle, fire the employee for lawful storage, or condition employment on giving up the right. This protection applies to the parking lot, not the employer's building, where the employer may still post under 61-7-14(b).
Yes, unless the place of worship prohibits firearms on its property under W. Va. Code 61-7-14. Read any posted policy and comply.
Yes, on the same basis as carry generally: permitless for those 21 and older under W. Va. Code 61-7-7(c), or with a standard or provisional license. There is no separate state vehicle storage mandate for a lawful carrier. School parking lots and federal facility lots remain restricted as described above.
No, within the limits of the statute. W. Va. Code 55-7-22(b) provides that a lawful occupant of a home has no duty to retreat from an intruder. W. Va. Code 55-7-22(c) provides that a person who is not engaged in unlawful activity and is attacked in a place he or she has a legal right to be may stand his or her ground and use proportionate force, including deadly force when reasonably necessary to prevent death or serious bodily harm.
Yes, in substance. W. Va. Code 55-7-22(a) provides that a lawful occupant of a home or residence is justified in using reasonable and proportionate force, including deadly force, against an intruder to prevent or terminate an unlawful forcible entry, when the occupant reasonably apprehends death or serious bodily harm or reasonably believes the intruder intends to commit a felony in the home. West Virginia's statute does not contain an automatic statutory presumption of fear; it turns on the reasonableness of the occupant's belief.
W. Va. Code 55-7-22(d) makes a justified use of force under the section a full and complete defense to any civil action brought by the intruder or attacker. That defense is not available to a person who was committing a felony, who provoked the confrontation, or who otherwise falls within the exceptions in 55-7-22(e).
Self-defense remains a common-law justification to criminal charges such as those in W. Va. Code 61-2-9 (malicious or unlawful assault, assault, and battery). A justified defender is not guilty of the offense, but the justification is litigated in the case, so you may still be investigated and charged before it is resolved. W. Va. Code 55-7-22 itself addresses civil immunity rather than creating a separate criminal-immunity hearing.
Yes, with federal National Firearms Act registration. West Virginia adds no separate restriction. You file ATF Form 1 to make or Form 4 to transfer and register the item under 26 U.S.C. 5841. Under Public Law 119-21, the making and transfer tax for a suppressor is $0 for calendar quarters beginning more than 90 days after July 4, 2025, which first applies starting January 1, 2026.
Yes, with NFA registration, the same as a suppressor. The making and transfer tax is also $0 as of January 1, 2026, under Public Law 119-21. See 26 U.S.C. 5845 for the definitions and 5861 for the prohibited acts.
Only a pre-1986 transferable machine gun registered in the National Firearms Registration and Transfer Record. Federal law in 18 U.S.C. 922(o) bans civilian possession of machine guns made after May 19, 1986. The NFA transfer tax for a machine gun remains $200. West Virginia does not separately restrict machine guns beyond requiring full federal compliance; W. Va. Code 61-7-9 makes possession of a noncompliant machine gun a misdemeanor.
You are prohibited from possessing a firearm under federal law, 18 U.S.C. 922(g)(3), as an unlawful user of a controlled substance. Marijuana remains federally controlled regardless of West Virginia's medical-cannabis program, and a state license does not cure the federal prohibition.
Yes, possession is generally governed by 36 C.F.R. 2.4, which applies the firearm law of the state in which the park is located. West Virginia's permitless and licensed carry rules apply on West Virginia park land. Discharge and hunting are separately regulated, and federal buildings inside a park remain off limits under 18 U.S.C. 930.
You may transport an unloaded firearm in checked baggage under TSA and airline rules, but you may not carry a firearm into the sterile or secured area of an airport or onto an aircraft. Doing so is a federal crime under 49 U.S.C. 46505, regardless of any state license.
The federal Law Enforcement Officers Safety Act lets qualified active officers (18 U.S.C. 926B) and qualified retired officers (18 U.S.C. 926C) carry concealed across state lines, subject to the conditions in those sections. This is a federal authority, not a West Virginia exemption.
West Virginia has no statutory duty to inform. There is no law requiring you to announce that you are carrying. If an officer asks a direct question, answer honestly, and many people choose to disclose voluntarily for safety. See DUTY_TO_INFORM.
Keep your hands visible, tell the officer before you reach for anything, and follow instructions. If you choose to disclose, state it calmly and do not reach toward the firearm.
If you are 21 or older, your in-state permitless carry under W. Va. Code 61-7-7(c) is unaffected by an expired license. What you lose is out-of-state recognition, which depends on a current license. Renew before traveling.
Under W. Va. Code 61-7-4(k), the sheriff must state the specific reasons for denial, and you may petition the circuit court of the county where you applied within 30 days. If the court finds the denial was not justified, you may recover reasonable costs and attorney's fees from the sheriff's office.
Yes. You may hold a West Virginia license and out-of-state permits at the same time. Each is valid where its issuing jurisdiction and reciprocity allow.
Under W. Va. Code 61-7-4(m), a resident licensee who moves to another county must notify the sheriff of the new county within 20 days. The sheriff issues a new license with the new address and the original expiration date for a fee not to exceed $5; the license stays valid for the rest of its term.
| Statute | Subject |
|---|---|
| W. Va. Code 61-7-3 | Carrying without authorization by persons under 21; penalties |
| W. Va. Code 61-7-4 | Standard license to carry; how obtained |
| W. Va. Code 61-7-4a | Provisional license (ages 18-20) |
| W. Va. Code 61-7-6a | Reciprocity and recognition of out-of-state permits |
| W. Va. Code 61-7-7 | Persons prohibited; permitless carry for non-prohibited persons 21+ |
| W. Va. Code 61-7-9 | Possession of machine guns; federal compliance |
| W. Va. Code 61-7-11a | Schools and courthouses; penalties |
| W. Va. Code 61-7-14 | Business Liability Protection Act (posting; parking-lot storage) |
| W. Va. Code 18B-4-5b | Concealed carry on higher-education campuses |
| W. Va. Code 55-7-22 | No duty to retreat; home defense; civil defense |
| W. Va. Code 61-2-9 | Malicious or unlawful assault; assault; battery |
| 18 U.S.C. 922(g), (n) | Federal prohibited persons; receipt while under indictment |
| 18 U.S.C. 922(o) | Federal machine gun ban (post-1986) |
| 18 U.S.C. 922(q) | Federal Gun-Free School Zones |
| 18 U.S.C. 926A | Federal interstate transport |
| 18 U.S.C. 926B / 926C | LEOSA (active / retired officers) |
| 18 U.S.C. 930 | Firearms in federal facilities |
| 49 U.S.C. 46505 | Weapons on aircraft and in airport secured areas |
| 26 U.S.C. 5841, 5845, 5861 | National Firearms Act registration and definitions |
| 36 C.F.R. 2.4 | Firearms in national parks |
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