West Virginia Concealed Handgun License - Permit Basics

Overview

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 in West Virginia without a license.

Even though no license is required for in-state carry by a qualified adult, West Virginia still issues an optional state license to carry. The statute calls it a license to carry a deadly weapon (W. Va. Code 61-7-4), but the license may only be issued for pistols and revolvers. People commonly call it a concealed handgun license (CHL) or concealed weapon license. Holders keep the license because it has practical value beyond in-state carry:

• Reciprocity. Many other states recognize a West Virginia license through their own reciprocity statutes (see W. Va. Code 61-7-6a and the RECIPROCITY section). Permitless carry generally is not recognized outside West Virginia.
• Federal NICS alternative. A standard West Virginia license issued under W. Va. Code 61-7-4 satisfies 18 U.S.C. 922(t)(3), so the holder is exempt from the point-of-sale NICS background check when buying a firearm from a licensed dealer. W. Va. Code 61-7-4a confirms this by requiring provisional licenses to carry the warning that they are "NOT NICS EXEMPT" and do not satisfy 18 U.S.C. 922(t)(3).
• Federal Gun-Free School Zones Act. Under 18 U.S.C. 922(q), a person licensed by the state in which the school zone is located is exempt from the federal 1,000-foot school-zone prohibition. A West Virginia license provides that exemption for school zones in West Virginia. Permitless carriers do not get this federal exemption because it requires a state-issued license backed by a background check. State location restrictions in W. Va. Code 61-7-11a still apply.

For persons at least 18 but under 21, a provisional license is available under W. Va. Code 61-7-4a (covered below and in the next section).

Who May Carry Without a License (W. Va. Code 61-7-7(c))

A person may carry a concealed deadly weapon without any license if the person:

1. Is at least 21 years of age;
2. Is a United States citizen or legal resident;
3. Is not prohibited from possessing a firearm under W. Va. Code 61-7-7; and
4. Is not prohibited from possessing a firearm under 18 U.S.C. 922(g) or (n).

Persons under 21 may not carry a concealed deadly weapon without a provisional license or other lawful authorization. Under W. Va. Code 61-7-3, an under-21 person who carries concealed without authorization is guilty of a misdemeanor punishable by a fine of $100 to $1,000 and up to 12 months in jail for a first offense, and a felony (one to five years and a fine of $1,000 to $5,000) for a second or subsequent offense. W. Va. Code 61-7-6(a) lists narrow exceptions for 18-to-20-year-olds (for example, carrying on one's own premises, transporting an unloaded firearm to or from a place of purchase or repair, and possession while lawfully hunting).

Standard License Eligibility (W. Va. Code 61-7-4)

A standard license is issued by the county sheriff. Under W. Va. Code 61-7-4(b), the applicant must show that he or she:

1. Is 21 years of age or older.
2. Is a bona fide United States citizen or legal resident and either a resident of West Virginia and of the county where the application is made, or a resident of another state who holds a valid driver's license or other state-issued or federally issued photo identification showing residence. (West Virginia issues both resident licenses and nonresident licenses under W. Va. Code 61-7-4(a).)
3. Is not addicted to or an unlawful user of alcohol, a controlled substance, or a drug, as evidenced within the prior three years by residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment, or by two or more DUI or driving-while-impaired convictions.
4. Has not been convicted of a felony unless the conviction was expunged or set aside, civil rights were restored, or the applicant was unconditionally pardoned.
5. Has not been convicted of a misdemeanor crime of violence (other than a domestic-violence offense described below) in the five years immediately preceding the application.
6. Has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), or a qualifying misdemeanor assault or battery under W. Va. Code 61-2-28 or 61-2-9(b) or (c). (This disqualifier has no five-year limit.)
7. Is not under indictment for a felony, is not currently serving a sentence of confinement, parole, probation, or other court-ordered supervision, and is not the subject of an emergency, temporary, or final domestic-violence protective order.
8. Has not been adjudicated mentally incompetent or involuntarily committed to a mental institution, unless a court order has restored the right to possess a firearm.
9. Is not prohibited under W. Va. Code 61-7-7 or under federal law, including 18 U.S.C. 922(g) or (n), from receiving, possessing, or transporting a firearm. (18 U.S.C. 922(n) is the federal under-indictment prohibition; 18 U.S.C. 922(g) is the list of prohibited-person categories.)
10. Has completed the required handgun training (see Required Training below). This qualification requirement is waived for a renewal applicant who previously qualified.

The application must be notarized; falsification is punishable as false swearing under W. Va. Code 61-5-2.

Provisional License (Ages 18-20) (W. Va. Code 61-7-4a)

A provisional license lets a person at least 18 but under 21 carry a concealed pistol or revolver. Key points that differ from the standard license:

• Issuing agency: the county sheriff (the same office that issues the standard license), not the West Virginia State Police.
• Eligibility: the same general disqualifiers as the standard license, with the age range set at 18 to 20. The applicant must be a resident of West Virginia and of the county where the application is made (the provisional license has no nonresident option).
• Fee: $15 paid to the sheriff at application, plus another $15 before the approved license is issued.
• Term: the provisional license is valid until the licensee turns 21, unless it is sooner revoked. It is not a five-year license.
• Not NICS exempt: the provisional license card must state that it is "NOT NICS EXEMPT" and does not satisfy 18 U.S.C. 922(t)(3), so a NICS check is still required when the holder buys a firearm from a licensed dealer. Otherwise it confers the same in-state carry rights as a standard license.

Issuance Standard

West Virginia is a shall-issue jurisdiction for both the standard license (W. Va. Code 61-7-4) and the provisional license (W. Va. Code 61-7-4a). The sheriff must issue the license unless the application is incomplete, contains materially false or incorrect statements, or the applicant otherwise fails to meet the statutory requirements.

If an application is denied, the sheriff must state the specific reasons. The applicant may petition the circuit court of the county where the application was made within 30 days of the denial. If the court overturns the denial, the applicant may be entitled to reasonable costs and attorney's fees payable by the sheriff's office.

Term and Renewal

• Standard license term: Under W. Va. Code 61-7-4(h), a newly issued or renewed license is valid for five years measured from the licensee's most recent birthday, subject to revocation for cause.
• Provisional license term: valid until the holder turns 21.
• Renewal training waiver: a renewal applicant who previously qualified on the handgun training requirement does not have to re-qualify (W. Va. Code 61-7-4(b)(11)).
• Reciprocity status: a current, valid license is what other states recognize. An expired license does not preserve out-of-state reciprocity.

Required Training

Under W. Va. Code 61-7-4(e), every applicant must complete a training course in handling and firing a handgun that includes the actual live firing of ammunition. Completing any one of the following satisfies the requirement, as long as it included live fire:

1. An official National Rifle Association handgun safety or training course;
2. A handgun safety or training course offered to the public by a law-enforcement organization, community college, junior college, college, or other institution or organization, or a handgun training school using instructors certified by the institution;
3. A course conducted by a handgun instructor certified by the state or by the NRA; or
4. A course conducted by any branch of the United States military, reserve, or National Guard, or proof of other handgun qualification received while serving.

The applicant submits a certificate, instructor affidavit, or other proof of completion, including the instructor's name and certification number where applicable. See TRAINING_REQUIREMENTS for details.

Application Process Summary

For the standard license (21+):

1. Obtain the uniform application (prepared by the West Virginia State Police) from the county sheriff's office and pay the fee at the time of application ($50 resident, $100 nonresident).
2. Provide the required identifying information and supporting documents, including the training certificate.
3. The application must be notarized.
4. The sheriff conducts a nationwide background check (NICS, West Virginia criminal history, and the National Interstate Identification Index).
5. The sheriff must issue, reissue, or deny the license within 45 days after the application is filed once the required background checks are complete.

For the provisional license (18-20), the process runs through the county sheriff as well, with a $15 fee at application and a second $15 fee before issuance. See APPLICATION_PROCESS and FEES_COSTS for the full procedure and fee schedule.

Fee Exemptions

Honorably discharged veterans of the U.S. armed forces, reserve, or National Guard, and honorably retired law-enforcement officers from the agencies listed in W. Va. Code 61-7-4(q), are exempt from the application fees and costs for a resident standard license, though they must still meet all other application and background-check requirements. Certain judicial officers and prosecutors are also exempt from licensing fees under W. Va. Code 61-7-6(b) but must still satisfy the application and training requirements.

Scope of the License

• A standard or provisional license authorizes carry of a concealed pistol or revolver on the lands or waters of West Virginia (W. Va. Code 61-7-4(t), 61-7-4a(q)). It does not authorize concealed carry of other deadly weapons.
• The license does not override the location restrictions in W. Va. Code 61-7-11a (educational facilities and premises housing courts of law) or the prohibition on brandishing in W. Va. Code 61-7-11. See PROHIBITED_PLACES.
• The license does not authorize carry by a person who is prohibited under W. Va. Code 61-7-7 or under 18 U.S.C. 922(g) or (n).

Lost or Stolen License

If a license is lost or destroyed, the holder may obtain a duplicate for a $5 fee by filing a notarized statement with the sheriff (W. Va. Code 61-7-4(l); 61-7-4a(k)).

Federal Implications

A standard West Virginia license serves as a NICS alternative under the Brady Act because West Virginia issues it only after a background check verifies that the applicant is not a prohibited person. This is the principal reason many holders maintain the license even though it is no longer required for in-state carry. The dealer still completes ATF Form 4473, but a separate NICS query is not required for a buyer who presents a qualifying standard license. A provisional license does not provide this benefit.

Key Statutes