West Virginia Open Carry Laws

The Headline

Open carry of a handgun is lawful in West Virginia for persons 18 years of age and older who are not prohibited from possessing a firearm. No state-issued license is required to open carry. Open carriers are subject to the same brandishing limits in W. Va. Code 61-7-11, the same location restrictions in W. Va. Code 61-7-11a, and the same private-property rules in W. Va. Code 61-7-14 that apply to concealed carriers.

Statutory Basis

West Virginia has no single statute that authorizes "open carry." Open carry is lawful because no general state statute criminalizes it, and because the right is grounded in W. Va. Const. art. III, Section 22:

A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use.

The only carry crime in Article 7 that reaches an otherwise lawful adult is W. Va. Code 61-7-3, which is narrow. By its title and text it criminalizes only a person under twenty-one years of age who carries a concealed deadly weapon without a license or other lawful authorization. It does not criminalize open carry, and it does not reach persons 21 and older at all. Open carry has never been criminalized by a general state statute.

For concealed carry, the 2016 constitutional-carry law (SB 347) is now codified in W. Va. Code 61-7-7(c), which provides that any person at least 21, who is a United States citizen or legal resident, and who is not prohibited under state law or 18 U.S.C. 922(g) or (n), may carry a concealed deadly weapon without a license. Open carry sits alongside this framework and is available at a younger age because no statute restricts it for adults.

Who May Open Carry

A person may open carry a handgun in West Virginia if:

1. Age 18 or older. A person under 18 who is not married or emancipated may not possess or carry any deadly weapon, openly or concealed, under W. Va. Code 61-7-8, subject to that section's limited exceptions for the minor's own or family premises, premises where the owner gives permission, and lawful hunting and travel to and from a hunting site.
2. Not prohibited under W. Va. Code 61-7-7. That section disqualifies, among others, a person convicted of a crime punishable by more than one year, a person habitually addicted to alcohol, an unlawful user of or person addicted to a controlled substance, a person adjudicated mentally incompetent or involuntarily committed, an alien unlawfully in the United States, a person dishonorably discharged from the armed forces, a person subject to a qualifying domestic-violence protective order, and a person convicted of a misdemeanor domestic assault or battery.
3. Not prohibited under 18 U.S.C. 922(g). Federal prohibitor categories independently disqualify.
4. Not engaged in conduct that violates W. Va. Code 61-7-11 (brandishing). The handgun must be carried, not used or displayed in a way or manner to cause or threaten a breach of the peace.

No license, training certificate, or registration is required for open carry by a qualifying person.

Open Carry vs. Concealed Carry

The principal difference is age. Open carry is available at 18 without any state license, while permitless concealed carry under W. Va. Code 61-7-7(c) is restricted to persons 21 and older. A person 18 through 20 may openly carry, may obtain a provisional license under W. Va. Code 61-7-4a for concealed carry, or both.

Where Open Carry Is Restricted

Open carriers face the same location restrictions as concealed carriers:

• K-12 schools and school buses. W. Va. Code 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 covered school-sponsored function. A violation is a felony punishable by two to ten years in a state correctional facility, a fine of up to $5,000, or both. A private K-12 school may opt out by adopting a written policy that allows weapons.
• College and university campuses. Campus carry is governed by the Campus Self-Defense Act, W. Va. Code 18B-4-5b, effective July 1, 2024. It authorizes only concealed carry by a person holding a valid concealed-carry license, and only in custodial areas of the campus, subject to a list of carve-out locations in subsection (b) such as stadiums seating more than 1,000, daycares, secured law-enforcement areas, disciplinary-hearing rooms, patient-care areas, and residence halls. Subsection (g) separately bars carrying a pistol or revolver that is partially or wholly visible. Open carry on a higher-education campus is therefore not authorized.
• Courthouses and family-law courts. W. Va. Code 61-7-11a(g) makes it unlawful to possess a firearm or other deadly weapon on the premises of a court of law, including family courts. A violation is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both. Possession with intent to commit a crime is a felony under subsection (h).
• Federal facilities. 18 U.S.C. 930 bars firearms in federal facilities, including federal courthouses, regardless of state status.
• State Capitol and certain restricted state-government areas. Verify posted policy before carrying.
• Private property posted or restricted under W. Va. Code 61-7-14. Any owner, lessee, or person in control of real property may prohibit the open or concealed carry of any firearm on the property.

Brandishing Limits

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 to cause or threaten 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 the county jail for not less than ninety days nor more than one year, or both. Open carry by itself is permitted; threatening display is not.

Practical guidance for open carriers:

• Keep the handgun holstered. Do not handle the handgun in public unless acting in lawful self-defense or as otherwise legally privileged.
• Do not point at, gesture toward, or grip the handgun during interactions with the public in a manner that could be construed as threatening.
• An officer may approach an openly carrying person to ask routine questions. Cooperate civilly.

Open Carry in Vehicles

A handgun openly carried in the passenger compartment of a motor vehicle is generally lawful for a qualifying person 18 or older who is not prohibited. Note that for a concealed-carry licensee, W. Va. Code 61-7-2(3) treats a firearm located in a storage area in or on the vehicle as being carried "on or about" the person. Loaded long-gun transport while hunting is separately regulated by West Virginia Division of Natural Resources rules. See VEHICLE_CARRY for the full vehicle analysis.

Open Carry While Hunting

A handgun may be openly carried while hunting, subject to West Virginia Division of Natural Resources rules on firearm types, calibers, and seasons. A hunting license does not by itself authorize concealed carry; permitless carry under W. Va. Code 61-7-7(c) or a license under 61-7-4 or 61-7-4a is needed for that.

Open Carry and Federal Law

• 18 U.S.C. 922(g) - federal prohibitor categories apply to any carry, open or concealed.
• 18 U.S.C. 922(q) - the Gun-Free School Zones Act bars knowing possession of a firearm within a school zone, which generally extends 1,000 feet from a K-12 school. The Act exempts a person who is licensed by the state where the school zone is located if the state verifies the licensee's qualification before issuing the license. A permitless carrier or open carrier without a West Virginia license does not fall within that license exemption and should be aware of this federal exposure even where state law would otherwise permit the carry. On-premises possession at the school itself is separately governed by W. Va. Code 61-7-11a.
• 18 U.S.C. 930 - federal facilities are off-limits regardless of state status.
• 18 U.S.C. 926A - the federal interstate-transport protection requires an unloaded firearm that is not readily accessible from the passenger compartment, in a locked container when the vehicle has no separate compartment. It protects transport, not open carry in transit.

Practical Encounter Guidance

Open carry tends to draw more visible police contact than concealed carry. Common scenarios:

• Retail business. Most West Virginia businesses do not restrict open carry, but any business may prohibit carry under W. Va. Code 61-7-14. A person who refuses to relinquish the firearm or leave when asked is guilty of a misdemeanor under 61-7-14(c), punishable by a fine of up to $1,000, up to six months in jail, or both.
• Traffic stop while carrying in a vehicle. West Virginia has no statutory duty to inform an officer that you are armed. If asked, answer truthfully, follow directions, and keep your hands visible.
• Public transit. Most West Virginia transit systems are not subject to a state-level firearm restriction, but local transit-authority rules may apply.
• Demonstration or rally. Open carry is not prohibited at lawful demonstrations, but local permit conditions may restrict firearms. Verify the conditions before attending.

Penalties for Unlawful Open Carry

Open carry by a person prohibited under W. Va. Code 61-7-7 or 18 U.S.C. 922(g) is unlawful. State penalties scale with the prohibitor category:

• Basic possession by a person prohibited under W. Va. Code 61-7-7(a) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or confinement in the county jail for not less than ninety days nor more than one year, or both.
• Possession by a person prohibited under W. Va. Code 61-7-7(b), such as a person convicted of a felony crime of violence, a felony sexual offense, or a qualifying felony controlled-substance offense, is a felony punishable by up to five years in a state correctional facility, a fine of up to $5,000, or both.
• Carrying a concealed firearm while prohibited is a separate felony under 61-7-7(d) (up to three years) or 61-7-7(e) (up to ten years), depending on the prohibitor category.

Federal felon-in-possession violations under 18 U.S.C. 922(g)(1) carry their own penalties of up to ten years in federal prison.

Brandishing under W. Va. Code 61-7-11 is a misdemeanor only. Conduct that wantonly creates a substantial risk of death or serious bodily injury with a firearm can instead be charged as wanton endangerment under W. Va. Code 61-7-12, a felony punishable by one to five years in a state correctional facility or, in the court's discretion, up to one year in jail, or a fine of $250 to $2,500, or both.

Key Statutes