West Virginia Concealed Carry Gun Laws

I recently had a client who was charged with a minor criminal offense for carrying an unloaded pistol, in a case, in his vehicle.  Insofar as I have done this myself on various occasions, I admittedly had to conduct some research, speak with law enforcement, and review the laws – both to determine why he was charged and to ensure my understanding of and compliance with the laws.

**Please note, that this blog is meant as a primer on some of the most common concealed carry laws and issues in the state of West Virginia and is not a comprehensive review of all pertinent rules, exceptions and peculiarities. This is a quick review and is not a substitute for knowing the laws, including those of some local municipalities (e.g. Charleston and Martinsburg, et al.).

What are the Concealed Carry Laws in West Virginia?

• Concealed carry in WV is illegal, without a permit/license.
• A concealed carry license “shall issue” in WV, upon properly supported application to the county Sheriff.
• No license is required to carry a firearm, for the following purposes:
  • transport in vehicle, unloaded, between home/work and gun shop, range, or a hunting location,
  • on your person while hunting, and
  • on your own premises or the private premises of another with permission.
• Carrying a concealed firearm in your vehicle without a license or one of the stated purposes is illegal.
• Carrying an UNCONCEALED non-hunting firearm in your vehicle is NOT illegal, as WV is an “open carry” state.
• Carrying an UNCONCEALED firearm on your person is not a violation of law, as WV is an “open carry” state.
• Even with a concealed carry permit, certain public places are off limits, including the following:
  • Schools and school buses,
  • VET (vocational education) facilities,
  • Federal government offices,
  • Courthouses,
  • Magistrate and Family Law Masters offices (where separate from courthouse),
  • Federal, State and County jail/prison facilities,
  • Where prohibited or posted by premises/business owners (technically this would be trespassing)

Finally, as pertains to hunting rifles, the following applies:

• Hunting rifles must be unloaded and cased, in a vehicle, during non-hunting hours.

Once again, this article is meant as a quick reference to some of the most common rules and issues relating to concealed carry and transportation of a weapon in the state of West Virginia. This is by no means an exhaustive treatment of the subject. If you have any questions about a peculiar situation, we suggest that you contact a local attorney or law enforcement officer to discuss. If you or someone you know has been arrested and charged with a firearms violation, please do not hesitate to contact our lawyers to discuss your legal rights and potential defenses. We can be reached through our website at Adams Legal Group, PLLC or at (304) 381-2166.

(P.S. – Happily, as far as I can recall, each instance where I have transported guns in a vehicle in the past, fit within one of the exceptions identified above).

William Adams

Welcome Back WVU Students

West Virginia University and Morgantown, WV saw an influx of 30,000 or so students, as the 2012-2013 WVU school year gets underway. It is always an exciting time around Morgantown, as most businesses, the city and the University are bustling with activity and commerce. It is also an anxious and exciting time for students, some of whom have left the confines and patriarchal control of their parents home for the first time. As this freedom meets with ample opportunities to explore this great city of Morgantown, WV, we at Adams Legal Group, PLLC hope that most of the new students find constructive outlets for this freedom and to burn off the stress and anxiety of all of the new challenges faced under these conditions.

Unfortunately, the reality sometimes becomes that some students take this new freedom and find opportunities for anxiety- and stress-relief in drinking and partying, instead of burning it off through a good long hike up at Coopers’ Rock in this gorgeous late-Summer & Fall weather. As WVU students bustled into Morgantown WV last weekend, unfortunately the WVU police, the Morgantown City police and the Monongalia County Sheriffs office was confronted with a bustle of activity and arrests. Hundreds of arrests have been made in the past week, already, mostly for public intoxication, obstruction, underage drinking, DUIs, and possession charges. While it is great to be social and find different outlets for social engagement and stress relief, we urge students to exercise prudence in moderating their behavior within legal limits. Keep Morgantown safe for you, your fellow students, and all the members of this great city – don’t drink and drive, moderate your drinking within reasonable limits, be respectful of establishments, other patrons and law enforcement.

IF you are one of the unfortunate WVU students to find yourself in trouble with law enforcement and charged with one of the above offenses – we at Adams Legal Group, PLLC can help! CALL US TODAY for your free consultation at (304) 381-2166 or visit us at Morgantown Criminal Lawyers for WVU Students

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