WV open carry

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  • PapiBarcelona

    Ultimate Member
    Jan 1, 2011
    7,334
    I said confirm, I'm on my phone typing and made a mistake in language. I'm sorry
     

    Norton

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

    I made no reference to the WVSP site.

    What I am telling you is that there is no law expressly making a difference between WV residents and non-residents with regards to open carry of a firearm.

    Absent a law prohibiting it, it is a lawful activity.
     

    derek141

    Member
    Sep 7, 2011
    6
    Jefferson Co. WV
    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.

    No dispute here: I wish the national reciprocity would be passed. But I reiterate there is no "confirmed" recognition with WVSP. Still, are you familiar enough with the "catchall" offenses to be so confident? Be glad you're legal theory is for WV, and not a less tolerant state.

    Here's a sobering fact: WVSP hiring eligibility starts at 20 years of age. You *may* be right, but that will not change the mind some power-thrilled punk with zero street experience who just turned drinking age and wants to break in his new handcuffs. AG opinion is second to the New Testament here.

    Okay gents, off for camping in the mts with the family.
     

    empire550

    Spoons made me fat
    Nov 1, 2011
    314
    okay, so I cannot open carry in a State Forest, but what about a National Forest, like the Monongehela?

    http://www.nps.gov/nero/firearms/WV/index.htm


    West Virginia Firearms Law

    The law governing possession of firearms inside a national park changed on February 22, 2010.
    Visitors may possess firearms within a national park unit provided they comply with federal, state, and local laws.

    Please remember that federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances.

    Important State Links:
    West Virginia State Firearms Statutes
    West Virginia State website
    West Virginia Attorney General

    Important Federal Links:
    ATF Summary of Federal & State Laws
    Public Law 111-24 512(b)
    Possession of Firearms in Federal Facilities (18 USC 930)

    Parks:
    Appalachian National Scenic Trail
    Bluestone National Scenic River
    Chesapeake Bay Gateways Network
    Gauley River National Recreation Area
    New River Gorge National River
     

    empire550

    Spoons made me fat
    Nov 1, 2011
    314
    I made no reference to the WVSP site.

    What I am telling you is that there is no law expressly making a difference between WV residents and non-residents with regards to open carry of a firearm.

    Absent a law prohibiting it, it is a lawful activity.

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

    "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."
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850
    http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf

    "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."

    The.

    Pamphlet.

    Is.

    Wrong.


    There is nothing in WV Code that supports that document.

    The MD AG could tomorrow have a moral epiphany that unlicensed open carry is lawful in MD and publish a similar document. It wouldn't make it the law of the land though.

    WVCDL's legal counsel has researched this and has confirmed that there is nothing in WV law to back that pamphlet.
     

    04RWon

    Ultimate Member
    Feb 13, 2010
    5,178
    Orlando, FL
    Couple weeks ago i went to wv. I called the state police. The trooper told me as long as its visible from 3 sides, nothing about resident or non resident. No loaded firearms in vehicles without ccw permit.
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850
    Couple weeks ago i went to wv. I called the state police. The trooper told me as long as its visible from 3 sides, nothing about resident or non resident. No loaded firearms in vehicles without ccw permit.

    Trooper for the fail.

    http://www.statepolice.wv.gov/about/Pages/LegalDivisionFAQs.aspx
    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?

    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,850
    Well maybe thats what he meant, i just took it as better not do it lol. Next time i wont have an issue.

    The worst part is the conflict between the criminal code and the DNR regulations. They are in contradiction in many places.
     

    empire550

    Spoons made me fat
    Nov 1, 2011
    314
    The.

    Pamphlet.

    Is.

    Wrong.


    There is nothing in WV Code that supports that document.

    The MD AG could tomorrow have a moral epiphany that unlicensed open carry is lawful in MD and publish a similar document. It wouldn't make it the law of the land though.

    WVCDL's legal counsel has researched this and has confirmed that there is nothing in WV law to back that pamphlet.


    I still would rather not find the cop that takes the pamphlet as law.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,775
    The WVCDL has the head of DNR LE on record that the DNR regulations re loaded weaapons are obviously not applicable to self defense carry , and that none of his Wardens would so charge anyone unless they were actively engaged in illegal hunting. But the regulation is there to be used by Sheriffs or local PDs that are either antigun , or occasionally feel like harassing people who "aren't from around here" . Having a recognized CCW specifically exempts , but could be a tripping point for nonliscenced OC .

    This has been one of WVCDL's goals to correct.

    Despite WV's laidback good 'ol boy image , they had a history of strict gun control dating back to the early 20th century era of facing mass insurection and armed insurection by elements of the UMW also participating ( if not in harmony w/ ) elements of the forerunner of the Communist Party USA. In the modern era WV lagged behind other states in the region in liberalizing carry laws.
     

    theQman23

    Member
    Feb 14, 2010
    22
    As a Marylander I can tell you first hand just how nice it is to open carry, without fear or worry, in a place so American as West Virginia. I recently open carried there, all day long, everywhere I went, (restaurants, gas stations, stores, ) for three straight days. It was like ok, put on my socks, my shirt, my glock. Everyday, with no threat of a beurocrat or an officer to intimidate my God Given Right to defend my self as long as I have no harm in mind for others. After carrying for three straight days, everywhere, I only heard 3 comments. ALL THREE were compliments, and one was even a thank you for helping to keep HIS FAMILY SAFE because the more people who carry, the lower the crime rate goes, etc. etc. 3 days. 3 comments, All positive, and guess what. One of them was even from a police officer who said he "liked my holster" and who said that I should "consider moving out there myself."

    That officer was right. I'm doing just that. I'm sick of MD. I'm sick of higher and higher taxes. I'm sick of the draconian gun laws. I"m sick of being a criminal just because I want to protect myself and others. He's right, I should live out there, and I'm going.
     

    yotaboy24

    Active Member
    Mar 12, 2009
    352
    As a Marylander I can tell you first hand just how nice it is to open carry, without fear or worry, in a place so American as West Virginia. I recently open carried there, all day long, everywhere I went, (restaurants, gas stations, stores, ) for three straight days. It was like ok, put on my socks, my shirt, my glock. Everyday, with no threat of a beurocrat or an officer to intimidate my God Given Right to defend my self as long as I have no harm in mind for others. After carrying for three straight days, everywhere, I only heard 3 comments. ALL THREE were compliments, and one was even a thank you for helping to keep HIS FAMILY SAFE because the more people who carry, the lower the crime rate goes, etc. etc. 3 days. 3 comments, All positive, and guess what. One of them was even from a police officer who said he "liked my holster" and who said that I should "consider moving out there myself."

    That officer was right. I'm doing just that. I'm sick of MD. I'm sick of higher and higher taxes. I'm sick of the draconian gun laws. I"m sick of being a criminal just because I want to protect myself and others. He's right, I should live out there, and I'm going.
    This^^^ my family lives there and I'm truly happy for them. So glad my little brother is a official WV hill person. I too will be there one day when I get my part of the mountain.
     

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