West Virginia Concealed Carry Reciprocity

The Headline

West Virginia recognizes out-of-state concealed handgun permits on a conditional, mutual basis under W. Va. Code 61-7-6a. This is not blanket recognition of every permit. A nonresident's permit is valid in West Virginia only when several conditions are met, including that the issuing state extends the same courtesy to West Virginia licensees.

There is a practical wrinkle that makes reciprocity less important than it sounds. West Virginia is a permitless-carry (constitutional carry) state. A person 21 or older who may lawfully possess a firearm may carry concealed in West Virginia without any license at all. So most adult visitors can carry in West Virginia under West Virginia's own permitless rule, whether or not their home permit is formally recognized.

Reciprocity still matters in two directions: it gives nonresident permit holders a clear statutory authorization to carry while in West Virginia, and it governs whether the West Virginia license under W. Va. Code 61-7-4 will be honored when a West Virginia resident travels to another state.

Statutory Authority: W. Va. Code 61-7-6a

W. Va. Code 61-7-6a sets the terms for recognizing out-of-state permits. Under subsection (a), a valid out-of-state permit or license to carry a handgun is valid in West Virginia only if all of the following are true:

1. The permit or license holder is 21 years of age or older.
2. The permit or license is in the holder's immediate possession.
3. The holder is not a resident of West Virginia.
4. The Attorney General has been notified by the governor of the other state that the other state allows West Virginia licensees to carry a concealed handgun there, or the Attorney General has entered into a written reciprocity agreement with that state.

This is the key correction to a common misconception. West Virginia does not unilaterally recognize all permits. Recognition depends on the other state extending the same treatment to West Virginia, either by allowing West Virginia licensees to carry there or by a written reciprocity agreement (61-7-6a(a)(4)).

Subsection (b) provides that a recognized out-of-state holder carrying in West Virginia is subject to the same laws and restrictions as a West Virginia resident who is permitted, and must carry in compliance with West Virginia law. Subsection (c) makes the recognition void if the holder is or becomes prohibited by law from possessing a firearm.

The statute also directs the administration of reciprocity. The Attorney General is to seek recognition of West Virginia licenses and execute reciprocity agreements (61-7-6a(d)) and to make an annual written inquiry to each other state's licensing authority (61-7-6a(f)). The West Virginia State Police maintain a registry of reciprocity states on the criminal information network for law enforcement (61-7-6a(e)) and make a public list available of states that recognize the West Virginia license or have a reciprocity agreement (61-7-6a(g)).

How Out-of-State Visitors Carry in West Virginia

A nonresident visitor has two possible paths to carry concealed in West Virginia.

• Permitless carry. Because West Virginia allows any non-prohibited person 21 or older to carry concealed without a license, a qualifying adult visitor may carry on that basis alone. W. Va. Code 61-7-3 only penalizes unlicensed concealed carry by persons under 21, which is the mechanism that leaves carry by those 21 and older unrestricted by a license requirement. A visitor relying on permitless carry is bound by all West Virginia location and conduct restrictions.
• Recognized permit. A visitor who is 21 or older, is not a West Virginia resident, has the permit in immediate possession, and holds a permit from a state that satisfies 61-7-6a(a)(4) may carry under that recognized permit. W. Va. Code 61-7-6(a)(8) lists a nonresident permit or license holder as an exception to the article's prohibitions, subject to the limitations of 61-7-6a.

For practical purposes, a 21-or-older visitor who can lawfully possess a firearm can carry in West Virginia regardless of whether the home-state permit is on West Virginia's recognition list. Reciprocity recognition becomes decisive mainly for documentation and for travelers who are not covered by permitless carry.

Either way, the visitor is subject to West Virginia's in-state rules, including:

• School and court premises restrictions under W. Va. Code 61-7-11a.
• Private-property limits under W. Va. Code 61-7-14, which lets a person in charge of premises prohibit firearms.
• The brandishing prohibition under W. Va. Code 61-7-11.
• Federal prohibitions. A person who is federally prohibited under 18 U.S.C. 922(g) cannot lawfully carry in West Virginia even with a home-state permit, and 61-7-6a(c) voids recognition for a prohibited person.

Carrying the West Virginia License Out of State

When a West Virginia resident travels, whether another state honors the West Virginia license under W. Va. Code 61-7-4 is governed entirely by that destination state's law and its recognition or reciprocity arrangement with West Virginia. West Virginia cannot control how its license is treated elsewhere.

The authoritative, current list is the one published by the West Virginia State Police and Attorney General under 61-7-6a(e) and (g). Because recognition lists change as states amend their statutes and agreements, you should confirm status before each trip rather than rely on a static list.

General points to keep in mind:

• Many constitutional-carry and shall-issue states honor the West Virginia license. Several states with strict permitting regimes do not recognize any out-of-state permit.
• Recognition by a destination state does not loosen that state's own carry rules. You carry on the destination state's terms, not West Virginia's.
• Some states recognize only resident permits issued by the holder's home state. A West Virginia resident carrying a West Virginia resident license is in the strongest position; nonresident licenses are recognized less broadly.

Verify the destination state's current rule with that state's attorney general or state police before travel.

What Reciprocity Does and Does Not Cover

Recognition covers the act of carrying a handgun. The carrier remains subject to the host state's restrictions, which can differ sharply from West Virginia's:

• Location restrictions. A visitor in another state must comply with that state's prohibited-places law, not W. Va. Code 61-7-11a.
• Brandishing and display rules. Each state defines unlawful display differently.
• Under-the-influence limits. Each state's intoxication rule applies independently.
• Vehicle carry and storage. Some states impose stricter vehicle requirements.
• Duty to inform. Some states require you to affirmatively notify an officer during a stop.
• Magazine capacity and firearm-feature limits. Some states restrict magazines or certain firearms; the visitor must comply.

Recognition does not authorize:

• Using one state's permit in place of another state's own permit requirements. Each license is issued and renewed by its own state.
• Bypassing the host state's prohibited-person rules. The carrier must qualify under both the home-state and host-state prohibitor lists.
• Bypassing federal restrictions, including 18 U.S.C. 922(g) (prohibited persons), 18 U.S.C. 922(q) (federal school zones), and 18 U.S.C. 930 (federal facilities).

Permitless Carry and Interstate Travel

Permitless-carry status is a West Virginia in-state legal status. It does not project across state lines. A West Virginia adult who carries without a license inside West Virginia has no automatic authority to carry in another state.

For interstate travel, a West Virginia carrier who does not hold a recognized permit has these options:

1. Obtain a West Virginia license under W. Va. Code 61-7-4 and travel where that license is recognized.
2. Rely on the federal interstate transport protection of 18 U.S.C. 926A. This protects transport through a state when the firearm is unloaded and the firearm and ammunition are not readily accessible from the passenger compartment, and the person may lawfully possess and carry the firearm in both the origin and destination states. It protects transit, not carry on the person while stopped in a state where the carrier is not licensed.
3. Confine travel to permitless-carry states where a visitor may carry under that state's own permissive rule.

Obtaining a West Virginia license is the practical choice for any traveler who wants the broadest recognition, because the license can qualify for reciprocity in states that recognize West Virginia permits.

Nonresident West Virginia Licenses

A nonresident can obtain a West Virginia license. W. Va. Code 61-7-4(a)(2) provides that a legal resident or citizen of another state may apply to the sheriff of any West Virginia county for a nonresident license to carry a concealed deadly weapon and pay a $100 fee. The nonresident applicant must meet the same qualification and training requirements as a resident applicant, including the live-fire training course under 61-7-4(e).

This corrects a common error. West Virginia does offer a standard nonresident license through the sheriff's office; it is not limited to people with a special connection to a county.

The provisional license under W. Va. Code 61-7-4a, for applicants 18 to 20 years old, is different. It requires the applicant to be a bona fide resident of the state and of the county of application, so it is not available to nonresidents.

Nonresidents who want a license with broad multi-state recognition sometimes also obtain a nonresident permit from a state whose permit is widely honored, such as Florida or Utah. Confirm current recognition for any such permit before relying on it.

Federal LEOSA: 18 U.S.C. 926B and 926C

Qualified active law enforcement officers under 18 U.S.C. 926B and qualified retired law enforcement officers under 18 U.S.C. 926C may carry concealed across state lines under the federal Law Enforcement Officers' Safety Act, independent of state-by-state reciprocity. A qualified retired officer must meet the statute's conditions, including separation in good standing, the required service, current-year firearms qualification, and not being prohibited from possessing a firearm.

LEOSA does not override certain federal location restrictions. It does not authorize carry where prohibited by 18 U.S.C. 930 (federal facilities), and it does not override private-property restrictions or state laws on private property and government property as preserved by the Act.

National Parks and Federal Land

Inside a unit of the national park system, firearm carry is generally governed by the law of the state in which the park land sits. A person carrying in a West Virginia national park unit follows West Virginia carry law. Federal facilities within a park, such as a visitor center or ranger station, remain off limits under 18 U.S.C. 930.

Penalties for Carrying Without Authority in Another State

A West Virginia carrier who carries in a state that does not recognize the West Virginia license, and who does not otherwise qualify under that state's law, is exposed to prosecution under the destination state's law. Penalties vary widely between states, from a misdemeanor in many states to a felony with a mandatory minimum sentence in the strictest jurisdictions. Confirm the destination state's specific penalty before travel.

The federal transport protection of 18 U.S.C. 926A covers only travel that meets its conditions. Stopping, staying, or otherwise stepping outside the statute's transit conditions in a state where the carrier is not licensed ends that federal protection.

Self-Defense Note

West Virginia provides civil immunity for justified use of force in self-defense under W. Va. Code 55-7-22. That immunity is a West Virginia provision and does not travel with a carrier into another state. Each state applies its own self-defense and immunity law.

Key Statutes