Gun laws in West Virginia regulate the sale, possession, and use of firearms and ammunition in the U.S. state of West Virginia. [1] [2]
Gun laws in West Virginia regulate the sale, possession, and use of firearms and ammunition in the U.S. state of West Virginia. [1] [2]
| Subject / law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State permit required to purchase? | No | No | ||
| Firearm registration? | No | No | ||
| Assault weapon law? | No | No | ||
| Magazine capacity restriction? | No | No | ||
| Owner license required? | No | No | ||
| Permit required for concealed carry? | N/A | No | § 61-7-4 § 61-7-7 | West Virginia is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Regular permits are issued to those 21 or older, and Provisional permits are issued to those 18 to 21. Permitless carry took effect on May 24, 2016. |
| Permit required for open carry? | No | No | May carry openly without permit. | |
| Castle Doctrine/Stand Your Ground law? | Yes | Yes | § 55-7-22 | |
| State preemption of local restrictions? | Yes | Yes | § 8-12-5a | "Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition in any manner inconsistent with or in conflict with state law." |
| NFA weapons restricted? | No | No | ||
| Shall certify? | Yes | Yes | § 61-7-16 | Shall certify within 30 days. |
| Peaceable Journey laws? | No | No | ||
| Background checks required for private sales? | No | No |
Article III, § 22 of the Constitution of West Virginia states:
"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." [3]
West Virginia preempts local regulation of several aspects of firearms, though local regulations which were in effect prior to 1999 were grandfathered. [1] [2] [4] Further, State agencies and institutions are not precluded from enacting laws which regulate firearms. [5] Charleston, Dunbar, and South Charleston are known to have grandfathered local ordinances which prohibit weapons on city property and in city buildings. The City of Martinsburg is known to have a local ordinance that was passed after 1999, which prohibits weapons in city buildings, that is not grandfathered. [6] [7] [8]
There are no firearms known to be prohibited by State law. Prohibited places include correctional facilities, primary and secondary school property (excluding firearms within a vehicle); [9] buses; and events, courthouses, the State Capitol Complex and grounds, private property where posted, certain areas in Charleston, Dunbar, and South Charleston. [10] There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions or naturalization status. Private sales of firearms, including handguns, are legal and do not require the seller to perform a background check; however, it is unlawful to sell a firearm to a prohibited person. [1] [2]
Open carry of a handgun without a permit is legal in West Virginia at age 18, withstanding other applicable laws. No permit is necessary for concealed carry of a handgun for any individual over the age of 21 who is legally allowed to own a handgun. A permit is required for individuals 18–20 to carry a concealed handgun assuming they are otherwise legally allowed to own the firearm.
West Virginia enacted the castle doctrine on April 10, 2008. [11] Some localities have adopted Second Amendment sanctuary resolutions. [12] On April 27, 2021, Governor Jim Justice signed the Second Amendment Preservation and Anti-Federal Commandeering Act (HB 2694) which prohibits the federal commandeering of employees and agencies of the state for the purpose of enforcing federal firearms laws. HB 2694 also prohibits police departments and officers from executing red flag laws or federal search warrants on firearms, accessories, or ammunition of law abiding persons. [13]
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
Gun laws in Oklahoma regulate the sale, possession, and use of firearms and ammunition in the state of Oklahoma in the United States.
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.
Gun laws in Georgia regulate the sale, possession, and use of firearms and ammunition in the state of Georgia in the United States.
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
Gun laws in Indiana regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Indiana. Laws and regulations are subject to change.
Gun laws in Iowa regulate the sale, possession, and use of firearms and ammunition in the state of Iowa in the United States.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in Mississippi regulate the sale, possession, and use of firearms and ammunition in the state of Mississippi in the United States. Gun laws in Mississippi are among the most permissive in the country, with no license or background check required to openly carry handguns most anywhere in the state.
Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.
Gun laws in New Mexico regulate the sale, possession, and use of firearms and ammunition in the state of New Mexico in the United States.
Gun laws in North Dakota regulate the sale, possession, and use of firearms and ammunition in the state of North Dakota in the United States.
Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Texas regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Texas.
Gun laws in Vermont regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Vermont.
Gun laws in Washington regulate the sale, possession, and use of firearms and ammunition in the state of Washington in the United States.
The 2016 Proposition 63, titled Firearms and Ammunition Sales, is a California ballot proposition that passed on the November 8, 2016 ballot. It requires a background check and California Department of Justice authorization to purchase ammunition, prohibits possession of high-capacity ammunition magazines over ten rounds, levies fines for failing to report when guns are stolen or lost, establishes procedures for enforcing laws prohibiting firearm possession by specified persons, and requires California Department of Justice's participation in the federal National Instant Criminal Background Check System.