WV open carry

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  • Maybe the law is so jacked up.

    Maybe the law is so jacked up the officer who told me I could not carry in a car, would arrest me for a loaded weapon in my vehicle. As where another officer would not care if I were carrying at all???:cool:
     

    Norton

    NRA Endowment Member, Rifleman
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    May 22, 2005
    122,850
    Maybe the law is so jacked up the officer who told me I could not carry in a car, would arrest me for a loaded weapon in my vehicle. As where another officer would not care if I were carrying at all???:cool:

    I doubt that it's that malevolent.

    I would liken it to the infamous loaded magazine = loaded gun thing we deal with here.
     

    boothdoc

    Ultimate Member
    MDS Supporter
    Mar 23, 2008
    5,133
    Frederick county
    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)



    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.

    HEY:
    Does anyone have an update on whether the state park OC issue was straighten out yet?
     

    Norton

    NRA Endowment Member, Rifleman
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    HEY:
    Does anyone have an update on whether the state park OC issue was straighten out yet?

    doesn't appear so. It looks like they only have one active pro-gun bill and, on a quick glance, it didn't contain any language pertaining to that.

    The state legislative site was down just a couple of minutes ago, so I'll check again later.
     

    Norton

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    Norton;
    Thanks. I am not as up to speed as you are with the regs or resources.
    Matt

    The WV things are really screwed up because of the hunting regulations. Thankfully some good folks over there are trying to straighten things out.
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    Open carry in WV is for WV residents only.

    See page 1 of the attorney general's carry publication. Sorry. I couldn't immediately find the statute to reference on short order.

    Even if there is no actual statute (remote, but possible), you can beat the rap but you can't beat the ride! Especially if the chief law enforcement officer of the state is handing this down as the Gospel.

    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
     

    Norton

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    See page 1 of the attorney general's carry publication. Sorry. I couldn't immediately find the statute to reference on short order.

    Even if there is no actual statute (remote, but possible), you can beat the rap but you can't beat the ride! Especially if the chief law enforcement officer of the state is handing this down as the Gospel.

    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf

    You won't find the statute because it does not exist.
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    You won't find the statute because it does not exist.

    IANAL, Norton. As I said, you may beat the rap, but if you want to take the ride, more power to you. Personally, I'd like to be a fly on the wall when a MD-plated car full of OC'ers is stopped by a WV deputy, trooper, or game warden and see where that goes. Right or wrong (I believe, wrong), I could easily see the ensuing scenario as a containment approach- containing Maryland's gun problems where they ostensibly belong: in Maryland. You broke it, you bought it.
     

    Norton

    NRA Endowment Member, Rifleman
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    IANAL, Norton. As I said, you may beat the rap, but if you want to take the ride, more power to you. Personally, I'd like to be a fly on the wall when a MD-plated car full of OC'ers is stopped by a WV deputy, trooper, or game warden and see where that goes. Right or wrong (I believe, wrong), I could easily see the ensuing scenario as a containment approach- containing Maryland's gun problems where they ostensibly belong: in Maryland. You broke it, you bought it.

    I open carry all of the time in WV and have never had a problem in 7 years.

    I'm not sure what your point is in your last two sentences......
     

    PapiBarcelona

    Ultimate Member
    Jan 1, 2011
    7,334
    See page 1 of the attorney general's carry publication. Sorry. I couldn't immediately find the statute to reference on short order.

    Even if there is no actual statute (remote, but possible), you can beat the rap but you can't beat the ride! Especially if the chief law enforcement officer of the state is handing this down as the Gospel.

    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf

    Without reading, you must be refering to the "non resident" may not open carry. I believe the WV citizens defense league has tackled this question on other forums multiple times and are trying to get that part fixed, and its been pretty much said they have no idea why it says that and that its wrong. The WV state police website also confirms "non residents" can open carry as they make no distinguish from resident and non resident.

    I don't know why I'm telling you this, I'm sure you investigated the matter yourself.
     

    Norton

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    Without reading, you must be refering to the "non resident" may not open carry. I believe the WV citizens defense league has tackled this question on other forums multiple times and are trying to get that part fixed, and its been pretty much said they have no idea why it says that and that its wrong. The WV state police website also confirms "non residents" can open carry as they make no distinguish from resident and non resident.

    I don't know why I'm telling you this, I'm sure you investigated the matter yourself.

    Yes. WVCDL has investigated this on several occasions and there is no statute that prohibits open carry by non-residents.

    In fact, after MSI reported on this issue some time back, Jim Mullins was kind enough to respond.


    5. West Virginia Open Carry Hea[t]s Up
    Since many of our members travel to West Virginia and choose to exercise their right to open carry a firearm we felt it important to alert you to an issue that has arisen regarding that practice. The West Virginia Attorney General's office pamphlet on WV gun laws has the following statement in it:

    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s interpretation of “open carry” is that the handgun must be visible from three sides. (emphasis added)

    After communicating with Jim Mullins of the West Virginia Citizens Defense League, who made inquiries to the AG's office on the matter, it appears that Maryland is not alone in law enforcement or the state government enforcing non-existing laws. Despite no language in WV law specifically limiting open carry to West Virginia residents, the WV State Police is dictating it as law and the attorney general is not challenging them on it.

    So, while you would most likely ultimately prevail in any interaction over open carry, be aware that law enforcement is ignoring the language of the law and may choose to arrest you.


    So far, I have not heard any reports of this actually happening. However, if this happens to you or anyone you know, I will be happy to help you, both in defending against what would obviously be baseless criminal charges and obtaining civil relief, anywhere in the State of West Virginia.

    -Jim Mullins
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    Without reading, you must be refering to the "non resident" may not open carry. I believe the WV citizens defense league has tackled this question on other forums multiple times and are trying to get that part fixed, and its been pretty much said they have no idea why it says that and that its wrong. The WV state police website also confirms "non residents" can open carry as they make no distinguish from resident and non resident.

    I don't know why I'm telling you this, I'm sure you investigated the matter yourself.

    Actually, I have only seen the AG opinion originally referenced. I have not launched a fullscale investigation- after all, I live here. I'm not sure what the AG link provided by another contributor tells us other than MD "designation has not been confirmed or made available".
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    Without reading, you must be refering to the "non resident" may not open carry. I believe the WV citizens defense league has tackled this question on other forums multiple times and are trying to get that part fixed, and its been pretty much said they have no idea why it says that and that its wrong. The WV state police website also confirms "non residents" can open carry as they make no distinguish from resident and non resident.

    I don't know why I'm telling you this, I'm sure you investigated the matter yourself.

    I see nothing at http://www.wvstatepolice.com/legal/faq.html that affirmitavely recognizes nonresident open carry (in a vehicle, here specifically); only that it is completely silent on the issue of residency. If the poster mentioning the WVSP can point me elsewhere, I'd love to share this with my friends/MD resident gunnies. Sorry if I'm rehashing old turf, perhaps I'll get educated here.
     

    Norton

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    May 22, 2005
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    I see nothing at http://www.wvstatepolice.com/legal/faq.html that affirmitavely recognizes nonresident open carry (in a vehicle, here specifically); only that it is completely silent on the issue of residency. If the poster mentioning the WVSP can point me elsewhere, I'd love to share this with my friends/MD resident gunnies. Sorry if I'm rehashing old turf, perhaps I'll get educated here.

    If there is no law prohibiting it, it is permitted. You won't find a statute affirming the activity because it is not necessary to do so.
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    If there is no law prohibiting it, it is permitted. You won't find a statute affirming the activity because it is not necessary to do so.

    Wait a minute. You said that the WVSP website- direct quote- "confirms". This is different than "absence of a denial". Confirmation is an explicit, not an implicit, statement. WVSP explicitly says- confirms- no such thing.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,325
    White Marsh
    Wait a minute. You said that the WVSP website- direct quote- "confirms". This is different than "absence of a denial". Confirmation is an explicit, not an implicit, statement. WVSP explicitly says- confirms- no such thing.

    If there isn't a law that says something is illegal, it is by definition legal. No permission slip necessary.

    Whether or not you or someone else thinks doing it is a good idea, is comfortable doing it without expressed written permission, etc. is a different story.
     

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