WV open carry

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  • Redneck

    Ultimate Member
    Jan 29, 2007
    7,547
    Sparrows Point
    Got another question. Is it my understanding that you can carry on private property in WV unless stated otherwise by the owner, for example a "no guns in store" sign? Im curious bc we are thinking about going up to whats called the Apple Butter Festival in October, and let me tell you im thrilled....I figure the only perc would be if I could go and excercise my right to open carry that day. Good idea or bad?
     

    OnTarget

    Ultimate Member
    Mar 29, 2009
    3,154
    WV
    Am I correct in that I seem to remember reading somewhere that WV does not have reciprocity with Non-resident permit holders (like me, a MD'er who has a FL permit)
    ************************************************

    Isn't tomorrow, July 10, 2009, the first day whereby I can CCW in WV with my Non-resident VA CCW permit? I think the law goes into effect tomorrow. Anybody confirm?
     

    bean93x

    JamBandGalore
    Mar 27, 2008
    4,569
    WV
    you dont see very many OCing around here these days. most everyone has a CCW since they are so easy to get.
     
    While this is an old thread and probably won't get much attention there is a good bit of bad/mis-information I feel obligated to straighten out. I need to point out that I'm not a lawyer. Nor did I stay in a Holiday Inn Express last night. However, I am fairly intelligent and can read pretty well. What follows is information I have gathered in my quest to become as well informed as possible about firearms laws in West Virginia. Some of it is opinion based on reading and interpreting the statute(s) and any relevant case law, while most is a straightforward application of current law. If there is an area I'm not completely sure, I'll do my best to indicate such.

    I have included applicable sections of the WV Code and case law.

    Discussion and disagreement is welcome.

    1. Where you cannot carry in WV:
    a) Places prohibited by Federal law (schools, court houses, federal buildings, etc). This is a complete ban on carrying.
    b) In buildings owned by the City of Martinsburg. This does not include sidewalks, roads, but may possibly be interpreted to include parks (last is my opinion). This law is clearly a violation of the state preemption law, but Martinsburg is using a "loophole" by claiming they are taking this action as a "property owner" not a government entity. This is a complete ban on carrying in prohibited buildings.
    c) You may not carry on private property once you have been requested to leave.

    §61-3B-2. Trespass in structure or conveyance.
    Any person who knowingly enters in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuses to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.

    d) You may not carry on municipal owned public property in Charleston. South Charleston and Dunbar (suburbs of Charleston) have similar ordinances on the books.

    Sec. 78-165. Carrying weapons upon municipal public property.
    It shall be unlawful for any person to carry on or about his person any revolver or pistol, dirk, bowie knife, slingshot, razor, billy, metallic or other false knuckles, or other dangerous or deadly weapon of like kind or character in or upon city hall, municipal auditorium, the civic center, and all parks and recreation buildings ad facilities, including recreation centers, playgrounds, swimming pools, dressing areas, tennis courts, parks and recreation areas and all other buildings, structures, facilities, and grounds thereof, owned or occupied by the City of Charleston; however, the provisions of this section shall not apply to city, county, sate and federal law enforcement officers and to exhibitors and performers at city-sanctioned events who obtain advance written authorization from the chief of police.
    (Ord. No. 4941, 4-19-1993; Bill No. 7103, 12-6-2004)

    On Minors:
    §61-7-8. Possession of deadly weapons by minors; prohibitions.
    Notwithstanding any other provision of this article to the contrary, a person under the age of eighteen years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon: Provided, That a minor may possess a firearm upon premises owned by said minor or his family or on the premises of another with the permission of his or her parent or guardian and in the case of property other than his or her own or that of his family, with the permission of the owner or lessee of such property: Provided, however, That nothing in this section shall prohibit a minor from possessing a firearm while hunting in a lawful manner or while traveling from a place where he or she may lawfully possess a deadly weapon, to a hunting site, and returning to a place where he or she may lawfully possess such weapon.

    You don't have to have written permission Bean.

    Carry of a loaded firearm in a vehicle:
    While the statute is in the Natural Resources section, there is case law backing up the "no loaded firearms" in vehicles. The relevant case law may be found here. It seems you must have a CHL to carry a loaded firearm in a vehicle, then it must be concealed. Here is a post I made on Opencarry.org where I go into a more lengthy explanation. This is my opinion based on reading the law and the findings of the Supreme Court of Appeals for West Virginia. Again, I'm not a lawyer and am open to discussion. I do realize the State Police FAQ says something different, however I personally would rather follow a common sense reading of statute and court findings than an internet FAQ.

    §20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
    Except as authorized by the director, it is unlawful at any time for any person to:
    (9) Have in his or her possession a crossbow with a nocked bolt, a loaded firearm or a firearm from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance, or its attachments, within the state, except as may otherwise be provided by law or regulation.

    §20-2-6a. Carrying a concealed handgun.
    (a) Notwithstanding any provision of this code to the contrary, a person licensed to carry a concealed weapon pursuant to the provisions of section four, article seven, chapter sixty-one of this code who is not prohibited at the time from possessing a firearm pursuant to the provisions of section seven, article seven, chapter sixty-one of this code or by any applicable federal law may carry a handgun in a concealed manner for self defense purposes while afield hunting, hiking, camping or in or on a motor vehicle.

    Non-Resident CCL's are recognized (as of July, 10,2009).

    For more information, or to help us clarify and ensure our right to keep and bear arms WVCDL.ORG is the place to go. The pic on our front page was taken at our Lobby Day in march. I'm the guy on the far left with the gray sweater and empty holster (firearms are prohibited on the Capitol Complex.

    Stop on by and join our message board. Everyone is welcome.

    Thanks,
    Randy
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850

    State Forests are a bit of a problem right now because of severe conflicts between the criminal code and the DNR laws/regulations.

    For instance (courtesy of WVCDL)

    The West Virginia State Police advises the public that open carry in a vehicle is legal. West Virginia State Police Legal Section, Frequently Asked Questions, http://www.wvstatepolice.com/legal/faq.html (last visited March 31, 2009). However, the Division of Natural Resources advises the public that loaded firearms are illegal in vehicles except concealed handguns carried with concealed handgun license. West Virginia Division of Natural Resources, 2008-2009 Hunting Regulations,
    http://www.wvdnr.gov/Regulations/hunting_genregs.shtm (last visited March 31, 2009).

    Right now, there is a bill that has been held over to the 2010 session that would clarify this (in our favor) and expressly separate the DNR and criminal law into more intelligible language.

    It is not "illegal", per se, to carry openly in a WV state forest, but you may find yourself still being arrested by a DNR LEO for violation of the hunting regs.

    WVCDL, if I recall, is recommending not to open carry in a state forest until this language is clarified.

    Concealed carry is OK.
     

    hole punch

    Paper Target Slayer
    Sep 29, 2008
    8,275
    Washington Co.
    awesome, Norton. nto waht i wanted to hear, but thanks for the info.

    i think i'll play it safe and stop open carrying in National Forests until we have better idea of what's what
     

    xd40c

    Business Owner-Gun Toter
    Sep 20, 2007
    2,067
    East Earl, PA
    This is my opinion only. Open carrying, is just not worth the hassle of being hassled. Get you FL permit and pull your shirt out. By OCing you will attract unnecessary attention to yourself. You make yourself a target for BGs who, if so inclined, will jump you from behind and bye-bye weapon (and maybe alot more). Cops will stop you and give you the third degree at every chance.

    While I am not anti-police (and I know we have several here), many cops feel you are stepping on their toes by carrying. (How dare you carry that piece!) Any gun is a threat to them. You have a gun, therefore you are a threat.

    Most here know I am one of the fortunate MDers with a permit. I carry everyday. I also have a FL permit. My word of advice: GET A PERMIT. Life will be much easier. Then all you'll have to know is who reciprocates and who doesn't.
     

    xd40c

    Business Owner-Gun Toter
    Sep 20, 2007
    2,067
    East Earl, PA
    ... The pic on our front page was taken at our Lobby Day in march. I'm the guy on the far left with the gray sweater and empty holster (firearms are prohibited on the Capitol Complex.

    Looks like a bunch of right-wing, anti-american, domestic terrorist, tea-party, gun-toting, bible clinging, militia types.:lol:
     
    oc/chl in W.V.

    I have had a home in the outskirts of Berkley Springs for over 2 years. I did open carry on my property as well as in town with exception of banks, Post offices,City Hall or other city buildings ,I stopped when I went into 7-11 and the clerk ,"A young boy ," started to put his hands up when I adjusted my holster. I spoke to the town sheriff who advised me I was within the letter of the law but because the town was a,"Tourist Town," and so close to MD. that folks were not used to seeing it. His advice was to get my ccl. He said as long as I was a resident of WV. $40 and a 4 hour class would get the license,as long as I was not a felon and had never been charged with a violent crime. Since I am still a MD. resident that will have to wait till my home is complete. He:D also advised me in a vehicle without a ccl the weapon must be unloaded,with a revolver the cylinder must be empty and with semi-auto's the mag. can stay
    loaded but must be in a sepreate area/container as not to be readily accessable from where the weapon is being stored.... Hope this helps?:D
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850
    He:D also advised me in a vehicle without a ccl the weapon must be unloaded,with a revolver the cylinder must be empty and with semi-auto's the mag. can stay
    loaded but must be in a sepreate area/container as not to be readily accessable from where the weapon is being stored.... Hope this helps?:D

    That's inaccurate. OC in a vehicle is legal in WV. The hunting regulation from the DNR create some confusion because it states that no firearms "configured for hunting" may be carried loaded in a vehicle, but OC is 100% legal in the state otherwise.
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850
    Maybe I was ill informed?

    It's a real mess over there and WVCDL is trying to fix it. The trouble is that there is conflicting language in the criminal law and the hunting regulations. Consequently, you could find yourself in a situation where the state police would let you go and the DNR may charge you with a hunting violation.

    The bottom line is that open carry of a non-hunting firearm is legal in a vehicle. The state police states that it s legal and I just saw an anecdotal message on another forum where a guy had talked to the DNR folks. He is waiting on a written response.

    The tricky part is what constitutes a hunting firearm........
     

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