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Old August 29th, 2007, 02:34 PM   #1
Pushrod
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WV open carry

By looking at the West Virginia gun statutes, you can legally open carry in WV except when you are in a vehicle, then the handgun must be completely unloaded. Am I reading that right? So every time I get in and out of my car out there, I have to load and unload the gun?
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Old August 29th, 2007, 03:06 PM   #2
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It is legal to carry a loaded firearm in plain sight in your vehicle. In fact, most of my neighbors down there do so.


http://www.wvstatepolice.com/legal/FAQ%27S.html
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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.


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Old August 31st, 2007, 05:34 PM   #3
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is this only for residents?
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Old August 31st, 2007, 07:25 PM   #4
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is this only for residents?
Not as i read it.....they make a big point of saying that CCW permits are for residents only but make no mention of it with regards to open carry.

I carry openly all of the time down there when messing around on my property and the adjoining roads.


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Old September 3rd, 2007, 02:18 PM   #5
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so does that mean when i go to the Harpers ferry flea market I can open carry?
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Old September 4th, 2007, 08:53 AM   #6
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yes, legally, but take it from me, open carry there is probably not a good idea. we generally carry when out in the woods, but leave it in the case when out in public....i'm conditioned by md to be wary of strutting about with a gun on my back.
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Old September 2nd, 2008, 08:37 PM   #7
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Bump on an old thread.

Anybody have anymore info on open carry without a ccw in WV? I was up there this weekend and carried on private property, but was curious about if the pistol can come with me when I leave.


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Old September 2nd, 2008, 08:42 PM   #8
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you can OC anywhere you like, locked and loaded as long as its not a federal building or if your in the city of martinsburg (my shitty town) you cant OC on city owned property...

i believe you are allowed to OC a gun on your body while driving but i'd stick it under the seat or in the glove box/ center console to be safe. but i dont believe its allowed to be loaded in a vehicle.

and of course, its still illegal to CCW with out a permit


edit: the laws are so lax that even me being 15 i can OC on my own property or any other private property with written permission of say my mom. that means i can shoot and carry with out an adult so w0000t!

if your hunting, your not allowed to have a handgun on you unless its conceald and you have a CCW or your handgun hunting with proper licensing. but most people on private property will OC/ CCW anyways while hunting... ex... me?


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Old September 2nd, 2008, 09:22 PM   #9
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you can OC anywhere you like, locked and loaded as long as its not a federal building or if your in the city of martinsburg (my shitty town) you cant OC on city owned property...

i believe you are allowed to OC a gun on your body while driving but i'd stick it under the seat or in the glove box/ center console to be safe. but i dont believe its allowed to be loaded in a vehicle.

and of course, its still illegal to CCW with out a permit


edit: the laws are so lax that even me being 15 i can OC on my own property or any other private property with written permission of say my mom. that means i can shoot and carry with out an adult so w0000t!

if your hunting, your not allowed to have a handgun on you unless its conceald and you have a CCW or your handgun hunting with proper licensing. but most people on private property will OC/ CCW anyways while hunting... ex... me?
I CC there, had my M&P IWB and my LCP pocket carried for backup when I met the Bean near Morgantown WV, PA reciprocity kicks azz

although this might help those without a reciprocal resident LTCF
Quote:
This is actually a very tricky area of the law thanks to years of legislative neglect.

There are two main bodies of law of which you need to be aware: West Virginia Code Chapter 61, Article 7, which regulates weapons; and Chapter 20, Article 2, which contains a handful of firearm regulations among primarily hunting-related laws.

W.Va. Code § 61-7-3 generally requires a license to carry a concealed weapon, with several exceptions listed in § 61-7-6.

W.Va. Code § 61-7-2(10) provides that "A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried." Under a prior weapons law (Chapter 61, Article 7 was totally rewritten in 1989), the West Virginia Supreme Court of Appeals held that “for a dangerous weapon to be about the person . . . , the weapon must be located either on the person or in such close proximity that it can be reached without a material change in his position and the weapon must be readily accessible when such person reaches to where it is located.” Syllabus Point 3, in part, State v. Totten, 169 W.Va. 729, 289 S.E.2d 491 (1982) (per curiam) (decision under prior law).

As for the concealed weapon statute, a person transporting an unloaded, securely encased firearm that is not readily accessible should not have a problem. There have been no post-1989 cases on the "on or about the person" element of the concealed weapon law. However, I can say without hesitation that glove box or center console carry without a CHL is unlawful concealed carry; do not do it.

The other major consideration is W.Va. Code § 20-2-5(9), which prohibits loaded firearms in motor vehicles. A separate provision, § 20-2-6a, exempts concealed handgun licensees from the Chapter 20 firearm regulations for the purposes of carrying concealed handguns. However, there is significant disagreement even in law-enforcement circles about how this statute applies to handguns and otherwise lawful open carry. Caution suggests avoiding OC in vehicles or other situations where a Chapter 20 firearm regulation applies. A strict reading of § 20-2-6a, which the Division of Natural Resources follows, says that the Chapter 20 firearm regulations apply literally and § 20-2-6a only applies to concealed carry by CHL holders. The penalty for violating most Chapter 20 regulations is specified in § 20-7-9.

This year, we had a bill, SB 319, introduced in the Legislature to clean up the Chapter 20 firearm regulations. I have attached a legislative analysis I prepared for that bill. We have revised the bill and will have it reintroduced next year.
http://opencarry.mywowbb.com/forum56/15624.html

So more or less, just like in PA, OC is generally allowed on foot residency doesn't matter, but you would want to unload and case it before hopping into the car. In VA OTOH, you CAN OC in a car, lots of folks unholster their firearm and put it on their dash, or secure it in a holster mounted in plain sight


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Last edited by alucard0822; September 12th, 2009 at 10:56 AM.
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Old September 2nd, 2008, 09:40 PM   #10
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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)
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Old September 2nd, 2008, 09:58 PM   #11
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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)
Yes, must be a resident permit from a reciprocal state.


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Old September 2nd, 2008, 10:16 PM   #12
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Yes, must be a resident permit from a reciprocal state.
Guess I'll just have to buy a house in Beckley this winter and just get a WV resident permit
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Old September 3rd, 2008, 02:20 AM   #13
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There is no open carry in Wildlife Management Areas or State Parks according to DNR. This is a letter that I received in response to an inquiry to the subject of OC in WMAs:

Quote:
CSR Title 58 Series 31section 2.14 it states:

2.14. Uncased firearms, uncased bows and uncased arrows are prohibited in state parks, state forests, and state wildlife management areas, and on state trails, except:

a. When the area is open for hunting (hunting is prohibited in state parks) or when a registered park or forest guest has the written permission of the area superintendent to carry them in a case from his or her lodge room, cabin or campsite to open hunting areas, or to an officially designated rifle, pistol, skeet, trap, target or shooting range;
b. Area superintendents may authorize their use in historical reenactments and plays; and
c. The Chief of Parks and Recreation, Division of Natural Resources, may authorize their use for a limited period in conjunction with recreational and arts and crafts programs.

Please don't hesitate to contact me again if I may be of further assistance


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Old September 6th, 2008, 02:14 PM   #14
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I thought OC in the Charlestown area was prohibited by grandfather laws. During our last visit to the Mountain Heritage Festival several Jefferson County police officers told me OC was illegal because it was held on private property. Any clarification would be appreciated.
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Old September 10th, 2008, 09:24 PM   #15
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OC is OK

You can open carry in a non-threatening way (in holster not in your hand) anywhere not otherwise prohibited (school, courthouse, federal property). "Prohibited" includes private property posted by the owner BUT unlike other states, under this circumstance it is only a crime if you are asked to surrender your weapon or leave AND refuse to do one of these things. Thus you can ignore the small "no gun" signs at malls, movie theaters etc because if you get "caught" you cannot be arrested if you agree to leave. see WV code 61-7-14.
When it is hot, I sometimes end up OC even though I can carry concealed. No one has ever even raised an eyebrow. If you appear disreputable you may attract a lot more attention, obviously. (I find a shirt and tie seem to make people much less concerned with OC)
As to reciprocity, it is strange that only resident permits are recognzed because WV is such a pro-gun state.
Around Harpers Ferry, I would be careful with OC and CC because much of the town is actually owned by the Park Service and they can be hostile to firearms.
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Old September 11th, 2008, 10:29 AM   #16
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Originally Posted by alucard0822 View Post
Yes, must be a resident permit from a reciprocal state.
In my Utah CCW class a few weeks ago the instructor said that was recently changed, but i'd definately call the wva police to find out for sure.

http://www.wvago.gov/press.cfm?ID=350&fx=more

Quote:
During the 2007 legislative session House Bill 3074 was passed and signed by Governor Manchin on March 9, 2007. This law transfers the authority from Governor Manchin to Attorney General McGraw to negotiate concealed weapon reciprocity with other states.
i still haven't gotten a satisfactory answer online so before i pass through that way I'll be calling them. since everything i can find says they no longer accept non-resident permits


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Old September 11th, 2008, 06:49 PM   #17
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http://www.opencarry.org/wv.html
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Old September 11th, 2008, 06:50 PM   #18
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I thought OC in the Charlestown area was prohibited by grandfather laws. During our last visit to the Mountain Heritage Festival several Jefferson County police officers told me OC was illegal because it was held on private property. Any clarification would be appreciated.
From what I have read on the Opencarry.org forum it seems as if there is a state preemption and those local laws are probably moot, butt has to be tested in the courts and it is no guarantee theywill be struck down.
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Old September 11th, 2008, 06:53 PM   #19
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thanks for the link novus


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Old September 11th, 2008, 06:54 PM   #20
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thanks for the link novus
Opencarry.org is the shit.
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