West Virginia is a constitutional carry (permitless carry) state. Under W. Va. Code 61-7-7(c), any person who is at least 21 years of age, is a United...
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West Virginia is a constitutional carry (permitless carry) state. Under W. Va. Code 61-7-7(c), any person who is at least 21 years of age, is a United States citizen or legal resident, is not prohibited from possessing a firearm under W. Va. Code 61-7-7, and is not prohibited under 18 U.S.C. 922(g) or (n) may carry a concealed deadly weapon without a license. The companion statute, W. Va. Code 61-7-3, makes carrying a concealed deadly weapon without a license or other lawful authorization a crime only for persons under 21 years of age, which is what leaves permitless concealed carry lawful for qualified adults 21 and older.
Persons who are at least 18 but less than 21 may carry concealed only with a Provisional License to Carry a Concealed Deadly Weapon under W. Va. Code 61-7-4a. The standard License to Carry a Concealed Deadly Weapon under W. Va. Code 61-7-4 remains available to applicants 21 and older. The license is optional for in-state carry, but it stays useful for (1) reciprocity when traveling to states that recognize the West Virginia license, (2) status as a federal NICS alternative at the point of a firearm purchase under 18 U.S.C. 922(t)(3), and (3) the exemption for licensed carriers from the federal Gun-Free School Zones Act under 18 U.S.C. 922(q)(2)(B)(ii).
West Virginia firearm law is codified primarily in:
| Type of Carry | Permit Required? | Notes |
|---|---|---|
| Concealed handgun, 21+ | No (permitless) | W. Va. Code 61-7-7(c); applicant must not be prohibited |
| Concealed handgun, 18-20 | Yes - Provisional license | W. Va. Code 61-7-4a; issued by county sheriff |
| Standard concealed handgun license | Optional, 21+ | W. Va. Code 61-7-4; issued by county sheriff |
| Open carry, 18+ | No | Subject to brandishing law (W. Va. Code 61-7-11) and location restrictions |
| In a vehicle, 21+ | No | Concealed carry without a license is lawful for a qualified person 21+ |
| In a vehicle, 18-20 | Provisional license needed for concealed | See W. Va. Code 61-7-4a and 61-7-6 |
West Virginia issues a License to Carry a Concealed Deadly Weapon under W. Va. Code 61-7-4. The license is limited to pistols and revolvers. Applications are made to the sheriff of the applicant's county, with a fee of $50 for a resident license or $100 for a nonresident license. An applicant must be 21 or older, must not be prohibited under W. Va. Code 61-7-7 or under 18 U.S.C. 922(g) or (n), and must complete a handgun training course that includes live firing of ammunition. The sheriff must issue, reissue, or deny the license within 45 days once the required background checks are complete. A license is valid for five years.
Although in-state concealed carry no longer requires this license for qualified persons 21 and older, the license is still issued because:
W. Va. Code 61-7-4a establishes a Provisional License to Carry a Concealed Deadly Weapon for persons at least 18 but less than 21. Like the standard license, the provisional license is applied for and issued by the county sheriff (the West Virginia State Police Superintendent prepares the uniform application forms and maintains the registry, but the sheriff issues the license). The application fee is $15, with an additional $15 paid before the license is issued. A provisional license is valid until the holder turns 21, unless sooner revoked.
A provisional license is marked "NOT NICS EXEMPT." By statute it confers the same carry rights on the lands and waters of West Virginia as a standard license, but it does not satisfy 18 U.S.C. 922(t)(3), so a NICS check must still be performed before the holder buys a firearm from a federally licensed dealer.
W. Va. Code 61-7-6 separately exempts certain 18-to-20-year-olds from the under-21 carry offense in W. Va. Code 61-7-3, including persons carrying on their own premises, transporting an unloaded firearm to or from purchase or repair, and persons hunting lawfully.
W. Va. Code 61-7-7(a) lists persons prohibited from possessing firearms in West Virginia, including a person who: has been convicted of a crime punishable by more than one year of imprisonment; is habitually addicted to alcohol; is an unlawful user of or habitually addicted to a controlled substance; has been adjudicated mentally incompetent or involuntarily committed; is an alien illegally or unlawfully in the United States; has been discharged from the armed forces under dishonorable conditions; is subject to a qualifying domestic violence protective order; or has a qualifying misdemeanor domestic violence conviction. Federal prohibitor categories are codified separately at 18 U.S.C. 922(g), and the "under indictment" prohibitor sits at 18 U.S.C. 922(n), not 922(g).
Restoration of state firearm rights may be sought under W. Va. Code 61-7-7(f) by petitioning the circuit court of the county of residence, which may restore the ability to possess a firearm on a finding by clear and convincing evidence, provided possession would not violate federal law. Restoration of state rights does not by itself restore federal rights.
W. Va. Code 61-7-6a governs reciprocity and recognition of out-of-state concealed handgun permits. West Virginia recognizes valid concealed carry permits and licenses issued by other states under that section. Because West Virginia is a permitless-carry state, a qualifying nonresident who is 21 or older and not prohibited may also carry concealed in West Virginia without any permit.
W. Va. Code 8-12-5a limits municipal firearm regulation. A municipality may not, by ordinance or otherwise, restrict the purchase, possession, transfer, ownership, carrying, transport, sale, or storage of firearms or ammunition in a manner inconsistent with state law. The statute allows narrow exceptions: a municipality may regulate carry in municipally owned or operated buildings and in municipally owned recreation facilities, subject to posting and other conditions in the statute. Municipalities may not restrict otherwise lawful carry on public streets and sidewalks.
W. Va. Code 55-7-22 provides that a lawful occupant of a home or residence has no duty to retreat from an intruder or attacker and may use reasonable and proportionate force, including deadly force, in the circumstances the statute describes. A person who is not engaged in unlawful activity and is attacked in a place he or she has a legal right to be likewise has no duty to retreat and may use deadly force when reasonably believing it necessary to prevent death or serious bodily harm. The statute creates a full and complete defense to civil actions brought by the intruder or attacker, but that defense is not available to a person committing a felony or to an initial aggressor who has not withdrawn.
The West Virginia Attorney General's Office provides general guidance but does not give legal advice to private individuals on specific cases. License applicants and carriers who have questions about how West Virginia law applies to their circumstances should consult a private attorney admitted to practice in West Virginia.
This page covers one part of our West Virginia concealed carry guide.
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