West Virginia Firearm and Weapon Restrictions

West Virginia Firearm and Weapon Restrictions

The Headline

West Virginia's firearm restrictions sit at the permissive end of the U.S. regulatory spectrum. The state imposes no assault-weapon ban, no magazine-capacity restriction, no red-flag law, no permit-to-purchase requirement, and no state-level background-check mandate for private sales. Federal restrictions under Title 18 of the U.S. Code apply, and a focused set of state-law restrictions in W. Va. Code Chapter 61, Article 7 (Dangerous Weapons) govern prohibited persons, prohibited places, and specific weapon categories.

This section catalogs the operative restrictions and corrects the offense grades and penalties to match the statute text.

What Is Not Restricted Under West Virginia Law

For context, West Virginia does not restrict:

• Magazine capacity. No state cap on rifle, shotgun, or handgun magazines.
• "Assault weapons" by definition. No state-level assault-weapon ban. West Virginia tracks the federal NFA framework only.
• Universal background checks. No state requirement that private firearm transfers go through a federal firearms licensee (FFL).
• Permit to purchase. No state permit is required to acquire a firearm. The federal NICS check at the dealer counter is the only background-check trigger for an in-state dealer purchase.
• Waiting periods. No state-imposed waiting period at the point of purchase.
• Red flag / Extreme Risk Protection Orders. West Virginia has not enacted an ERPO statute.

West Virginia has been a constitutional (permitless) carry state since 2016. Under W. Va. Code 61-7-7(c), a person at least 21 years old, who is a U.S. 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 to 20 may carry concealed only with a provisional license under W. Va. Code 61-7-4a.

Prohibited Persons - W. Va. Code 61-7-7

W. Va. Code 61-7-7(a) lists the persons prohibited from possessing a firearm in West Virginia. "Firearm" is defined in W. Va. Code 61-7-2. The categories are:

1. Felony-level conviction. A person convicted in any court of a crime punishable by imprisonment for a term exceeding one year (W. Va. Code 61-7-7(a)(1)).
2. Habitual alcohol addiction (W. Va. Code 61-7-7(a)(2)).
3. Unlawful user of, or person habitually addicted to, any controlled substance (W. Va. Code 61-7-7(a)(3)).
4. Adjudicated mentally incompetent or involuntarily committed to a mental institution under Chapter 27 or similar law of another jurisdiction (W. Va. Code 61-7-7(a)(4)).
5. Alien illegally or unlawfully in the United States (W. Va. Code 61-7-7(a)(5)).
6. Discharged from the armed forces under dishonorable conditions (W. Va. Code 61-7-7(a)(6)).
7. Subject to a qualifying domestic-violence protective order issued after notice and a hearing (W. Va. Code 61-7-7(a)(7)).
8. Convicted of a qualifying misdemeanor offense of assault or battery against a domestic relation, or a comparable misdemeanor crime of domestic violence (W. Va. Code 61-7-7(a)(8)).

A violation of subsection (a) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, or confinement in jail for not less than 90 days nor more than one year, or both.

W. Va. Code 61-7-7(b) creates a heightened, felony-level prohibitor class for persons previously convicted of a felony crime of violence, a felony sexual offense, or a felony controlled-substance offense involving a Schedule I (other than marijuana), II, or III substance. A person in that class who possesses a firearm is guilty of a felony punishable by up to five years in a state correctional facility, or a fine of up to $5,000, or both.

The statute does not list "fugitive from justice" or "renounced U.S. citizenship" as separate West Virginia prohibitors, and the qualifying domestic-violence misdemeanor in subsection (a)(8) carries no five-year time limit. Those features belong to the federal prohibitor list at 18 U.S.C. 922(g), which applies independently.

Note also that carrying while intoxicated is treated separately. See the UNDER_INFLUENCE section.

Enhanced offenses for prohibited persons who carry concealed

W. Va. Code 61-7-7 adds two separate concealed-carry offenses on top of the underlying possession offense:

• A person prohibited under subsection (a) who carries a concealed firearm is guilty of a felony punishable by up to three years in a state correctional facility, or a fine of up to $5,000, or both (W. Va. Code 61-7-7(d)).
• A person prohibited under subsection (b) who carries a concealed firearm is guilty of a felony punishable by up to ten years in a state correctional facility, or a fine of up to $10,000, or both (W. Va. Code 61-7-7(e)).

Restoring the right to possess

A person prohibited under subsection (a) may petition the circuit court of the county of residence to regain the ability to possess a firearm. The court may grant relief on clear and convincing evidence of competence and capability, provided the possession would not violate federal law (W. Va. Code 61-7-7(f)). A person disqualified under subsection (a)(4) (mental adjudication or commitment) petitions under W. Va. Code 61-7A-5. A conviction that is expunged, set aside, or pardoned no longer disqualifies the person (W. Va. Code 61-7-7(g)). The subsection (f) restoration path does not apply to the felony classes in subsection (b).

Possession of Deadly Weapons by Minors - W. Va. Code 61-7-8

W. Va. Code 61-7-8 prohibits a person under 18 who is not married or otherwise emancipated from possessing or carrying, concealed or openly, any deadly weapon. The statute provides two exceptions:

• On premises owned by the minor or the minor's family, or on another person's premises with permission of the parent or guardian and the owner or lessee.
• Lawful hunting, or traveling from a place where the minor may lawfully possess the weapon to a hunting site and returning.

A violation by a person under 18 subjects the minor to the jurisdiction of the circuit court under the juvenile provisions of W. Va. Code 49-4-701 through 49-4-725, and the minor may be adjudicated delinquent.

Federal law at 18 U.S.C. 922(x) separately restricts a juvenile (under 18) from possessing a handgun, with exceptions for ranch or farm work, target practice, hunting, and certified instruction.

Brandishing - W. Va. Code 61-7-11

W. Va. Code 61-7-11 makes it unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry it 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 90 days nor more than one year, or both. The statute states a single misdemeanor offense and does not create a felony tier for repeat offenses.

The brandishing rule applies independent of carry status. Constitutional-carry users, full license holders, and provisional license holders are equally subject to brandishing liability for an unjustified display.

Wanton Endangerment Involving a Firearm - W. Va. Code 61-7-12

W. Va. Code 61-7-12 makes it a felony for any person to wantonly perform any act with a firearm that creates a substantial risk of death or serious bodily injury to another. On conviction the penalty is confinement in the penitentiary for a definite term of not less than one nor more than five years, or, in the court's discretion, confinement in the county jail for up to one year, or a fine of not less than $250 nor more than $2,500, or both. "Firearm" carries the definition in W. Va. Code 61-7-2.

This statute is distinct from a justified self-defense use of force. West Virginia recognizes a civil defense for a lawful occupant or a person lawfully present who uses reasonable and proportionate force, including deadly force, in the circumstances set out in W. Va. Code 55-7-22. See the USE_OF_FORCE and CASTLE_DOCTRINE sections.

Deadly Weapons in Schools and Courthouses - W. Va. Code 61-7-11a

W. Va. Code 61-7-11a prohibits possessing a firearm or other deadly weapon on a school bus, in or on the grounds of a primary or secondary educational facility, or at a school-sponsored function, subject to listed exceptions. A school violation is a felony punishable by a definite term of not less than two nor more than ten years in a state correctional facility, or a fine of not more than $5,000, or both. The statute also includes a parking-lot exception allowing a person 21 or older with a valid concealed handgun permit to keep a concealed handgun stored out of view in a vehicle. The same statute treats courthouses on a separate tier: simple possession of a deadly weapon in a courthouse, without intent to commit a crime, is a misdemeanor punishable by a fine of not more than $1,000 or up to one year in jail, or both, while possession in a courthouse with intent to commit a crime is a felony punishable by two to ten years. See PROHIBITED_PLACES for the full list of locations and exceptions.

Machine Guns - W. Va. Code 61-7-9

W. Va. Code 61-7-9 makes it unlawful to carry, transport, or possess any machine gun, submachine gun, or other fully automatic weapon unless the person has fully complied with the applicable federal statutes and Treasury (now Justice/ATF) rules governing such firearms. A violation is a misdemeanor punishable by a fine of not less than $1,000 nor more than $5,000, or confinement in the county jail for not less than 90 days nor more than one year, or both. West Virginia does not impose a separate state registration scheme; lawful federal NFA registration satisfies the state requirement. See NFA_ITEMS.

NFA CLEO Certifications - W. Va. Code 61-7-16

When a chief law-enforcement officer (CLEO) certification is required by federal law for the making, transfer, receipt, or possession of an NFA firearm, W. Va. Code 61-7-16 directs the CLEO to provide the certification within 30 days if, to the officer's knowledge, the applicant is not prohibited and is not the subject of a disqualifying proceeding. A denied applicant may appeal to the circuit court, which may order issuance and award costs and attorney's fees. "Firearm" for this section means an NFA firearm as defined in 26 U.S.C. 5845(a).

Federal Restrictions

Federal restrictions apply to all West Virginia residents:

• 18 U.S.C. 922(a)(1) - Dealer licensing. A person engaged in the business of dealing in firearms must hold an FFL.
• 18 U.S.C. 922(g) - Prohibited persons. Felons, fugitives, unlawful drug users, unlawful aliens, persons dishonorably discharged, persons adjudicated mentally defective or committed, persons subject to qualifying protective orders, and persons convicted of a misdemeanor crime of domestic violence. This subsection does not include persons under indictment.
• 18 U.S.C. 922(n) - Persons under indictment. A person under indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm. This is the federal prohibitor that 61-7-7(c) references for permitless carry eligibility.
• 18 U.S.C. 922(q) - Gun-free school zones. Possession within 1,000 feet of a school is restricted, with an exception for a person licensed by the state in which the school zone sits.
• 18 U.S.C. 922(x) - Juvenile handgun possession. Under-18 handgun prohibitions, with listed exceptions.
• 18 U.S.C. 924 - Sentencing. Includes 18 U.S.C. 924(c), which adds mandatory consecutive sentencing for using, carrying, or possessing a firearm during and in relation to (or in furtherance of) a federal crime of violence or drug-trafficking crime.
• 18 U.S.C. 930 - Federal facilities. Knowing possession of a firearm or other dangerous weapon in a federal facility (up to one year), in a federal court facility (up to two years), or with intent that it be used in a crime (up to five years).
• 49 U.S.C. 46505 - Aircraft. Carrying a concealed dangerous weapon accessible in flight, or placing a loaded firearm in inaccessible baggage, when boarding or attempting to board an aircraft, is punishable by up to ten years (up to 20 years, or life if death results, for a reckless violation). This, not 18 U.S.C. 924, is the statute that governs weapons at airport secured areas and on aircraft.
• 26 U.S.C. Chapter 53 - National Firearms Act. Federal registration and tax for suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any-other-weapons. Under Pub. L. 119-21, the NFA making and transfer tax is $200 for a machine gun or destructive device and $0 for other NFA items, effective for calendar quarters beginning more than 90 days after July 4, 2025 (the first qualifying quarter is January 1, 2026).

Federal Bump Stock Rules

ATF's 2018 bump-stock rule (27 C.F.R. Part 478) had classified bump-stock-type devices as machine guns. The U.S. Supreme Court vacated that rule in Garland v. Cargill (2024). Bump stocks are not currently regulated federally as machine guns. West Virginia has no separate state-law restriction on bump stocks.

Forced Reset Triggers (FRTs)

The federal classification of forced reset triggers has been the subject of evolving ATF action and litigation. Confirm the current federal status before acquiring an FRT.

Private Sales

West Virginia does not require a background check for a private firearm sale between residents. A prudent seller should:

1. Verify West Virginia residency (a driver's license is sufficient).
2. Verify the buyer meets the federal age floor. Under federal law a private (non-dealer) sale of a handgun to a person 18 to 20 is generally lawful, while a dealer sale of a handgun requires the buyer to be 21. Long-gun ages differ.
3. Not knowingly transfer to a prohibited person. Under 18 U.S.C. 922(d) a person who knows or has reasonable cause to believe the buyer is prohibited commits a federal felony.

Documenting the transaction with a bill of sale is good practice.

Interstate Transfers

Interstate firearm transfers must generally go through an FFL:

• 18 U.S.C. 922(a)(3). A resident generally may not receive a firearm acquired outside the state of residence except through an FFL in that state.
• Long-gun dealer sales to a non-resident face to face at the FFL are permitted if lawful in both states.
• Handgun sales to non-residents must run FFL to FFL into the buyer's state of residence.

Penalties Summary

Key Statutes